People's Republic of China promulgated by Decree No. 658
People's Republic of China Government procurement law implementing regulations is December 31, 2014, adopted the 75th Executive meeting of the State Council, are hereby promulgated and take effect on March 1, 2015.
Prime Minister Li keqiang
On January 30, 2015 People's Republic of China regulations on implementation of the Government procurement law
Chapter I General provisions article in accordance with the People's Republic of China Law on government procurement (hereinafter referred to as government procurement law), this Ordinance is enacted.
Second Government procurement law article says government funds means funds under budgetary management.
With Government funds as a source of repayment of the borrowed funds, as with Government funds.
State organs, institutions and organizations purchase items using Government funds and the use of Government funds, using Government funds the purchase of parts, government procurement law and this Ordinance shall apply; financial funds and non-procurement of financial capital can't split, uniform application of the law and the regulations on government procurement.
Government procurement law of services referred to in article, including the Government's own needs services and public services provided by the Government to the public.
Article Directory for centralized procurement, including centralized purchasing agency procurement projects and departments, procurement project.
Technology, service standards, purchase items commonly used among the people, as a central purchasing agency procurement projects; the procuring departments based on business needs, this system has special requirements, procurement project as a centralized procurement department projects.
Article fourth centralized procurement in government procurement law, refers to purchase will be included in the list of centralized purchasing project commissioning centralized purchasing agent procurement centralized procurement or sectoral acts; alleged purchase and means of procurement will limit standard projects that are not included in the list of centralized purchasing procurement or the principal procurement agency agent purchasing behavior.
Fifth province, autonomous region, municipality or its authorized agency according to the actual situation, you can determine the respectively applicable to the administrative area of provincial, district and municipal level, County list of centralized purchasing and procurement quotas.
Sixth of the financial Department of the State Council shall, in accordance with national economic and social development policies, in conjunction with the departments concerned in the Government procurement policy, by developing purchasing standards, set aside procurement, price reviews offers, priority measures such as energy conservation, protection of the environment, enabling less developed areas and ethnic minority regions, promoting small and medium enterprises development goals.
Seventh government purchase engineering and construction-related goods, services and tendering procurement, application of the People's Republic of China tendering and bidding law and its implementing regulations; otherwise purchase, Government Procurement Act and the regulations shall apply.
Qian paragraph by said engineering, is refers to construction engineering, including buildings and structures of new, and alterations, and expansion and related of decoration, and demolition, and repair,; by said and engineering construction about of goods, is refers to constitute engineering integral of part, and for achieved engineering basic function by required of equipment, and material,; by said and engineering construction about of service, is refers to for completed engineering by needed of survey, and design, and supervision, service.
Government procurement of engineering and construction-related goods, services, shall implement the Government procurement policy. Eighth government procurement project information shall be specified by the financial Department of the people's Governments above provincial level in a press release.
Purchase project budget amounts to meet the standards prescribed by the financial Department of the State Council, government procurement project information should be published on the media specified in the financial Department of the State Council.
Nineth in government procurement activities, the procurement and related personnel and the supplier has one of the following interests, should be avoided:
(A) participating in procurement activities within 3 years before the labor relationship with suppliers;
(B) the suppliers participating in procurement activities within the first 3 years as a Director, supervisor;
(C) the 3 years prior to participating in procurement activities is the supplier of the controlling shareholder or the actual controller;
(D) the legal representative or responsible person with suppliers spouses, lineal relatives within three generations, collateral consanguinity or affinity;
(E) other may affect government procurement activities with the supplier fair and equitable relationship. Vendors consider purchasing personnel and related with other vendors interested, you can purchase or procurement agencies submit written application for withdrawal, and explain the reasons.
Procurement or purchasing agent should be asked about the application in a timely manner to avoid staff, interested personnel should be avoided for challenge.
Tenth National unified government procurement electronic trading platform-building standards, promoting the use of information networks for electronic government procurement activities.
Government Procurement Chapter party
11th buyer in the procurement activities of the Government should be to protect national interests and the public interest, integrity, honesty and trustworthiness, implementation of government procurement policy, establishment of internal management system in government procurement, practice strict economy, scientific and reasonable identification of procurement needs.
Purchase to the supplier shall not seek or accept gifts, commissions or independent of the purchase of other goods and services.
12th procurement agency in government procurement law, refers to the central purchasing agencies and centralized procurement procurement agency other than the Agency. Centralized procurement organization is divided into districts, the municipal people's Government above the law of non-profit legal persons, is a proxy of centralized procurement project implementing agencies. Centralized purchasing agencies shall, in accordance with the procurement people commissioned by centralized procurement project implementation programme, specific procurement procedures, government procurement activities, prohibit delegates of centralized procurement projects.
Centralized procurement procurement agency other than the Agency, are engaged in social intermediary institutions purchasing agent business.
13th procurement agencies should establish and improve internal supervision and management system of government procurement, selection criteria and requirements for government procurement operations facility.
Procuring agencies should improve the identification of procurement needs, preparation of tender documents, negotiation documents, letters of inquiry, formulating contracts and optimizing the level of professional services in the procurement process, according to who in the Organization in a timely manner within the stipulated time the procuring government procurement contract with the bid or contract suppliers, assist buyer to purchase items for acceptance in a timely manner.
14th purchasing agency may access to government procurement agency business through improper means, shall not the procuring entity and suppliers collude to manipulate government procurement activities.
Procurement agency staff member shall accept any purchaser or supplier organization of banquets, travel, entertainment, may not accept gifts, cash, securities, and shall not be liable to the purchaser or vendor claims should be determined by individual charges.
15th procurement, purchasing agency shall, in accordance with the Government procurement policy, procurement, budgeting, procurement requirements, preparation of procurement documents. Procurement requirements shall comply with the laws and regulations provides technology, services and Government procurement policies, safety and other requirements. Public services provided by the Government to the public, identifying requirements should be seeking the views of the public. In addition to technically complex or specialized nature cannot determine detailed specifications or specific requirements, the procurement requirements should be complete and unambiguous.
If necessary, the identification of procurement needs should be seeking the views of relevant suppliers, experts.
16th 20th article of the law on government procurement agency agreement should define the scope of procurement agent, permissions and terms and other specific matters.
Purchasing and procurement agencies shall perform their respective obligations pursuant to the agency agreement, procurement agencies must delegate permissions.
17th participate in the procurement activities of the Government of the supplier shall maintain government procurement article 22nd the conditions laid down in the first paragraph, the following materials:
(A) business licenses and other documents of the legal person or other organization, the identity of the natural person;
(B) the financial status report, pay taxes and social security funds related materials;
(C) possess the equipment and expertise necessary to fulfil the contract documents;
(D) participation in government procurement activity within the first 3 years in business activities without major record written statements;
(V) other conditions stipulated by laws and administrative regulations of the supporting materials.
Procurement project has special requirements, vendors should also provide documentation of compliance with the special requirements or notes.
The 18th unit headed by the same person or different suppliers with direct holding, management, shall participate in the procurement activities of the Government under the same contract.
Apart from the single source procurement projects, provided the overall design, specification for the procurement project preparation or project management, supervision, testing and other services suppliers, other procurement activities not permitted to participate in the procurement.
19th the Government Procurement Act first referred to in the fifth paragraph of article 22nd major illegal logging, refers to the supplier by the criminal penalties for illegal business or order to suspend, revocation of permit or license, the larger the amount of fines and other administrative penalties.
Vendors to participate in the procurement activities of the Government in the first 3 years for illegal business are prohibited from participation in government procurement activities in a certain period, expiry, may participate in the procurement activities of the Government.
20th purchasing or procurement agency any of the following circumstances, belongs with unreasonable conditions on suppliers impose differential treatment or discrimination:
(A) in respect of the same items to vendors have different project information;
(B) set the qualifications, skills, business conditions and purchasing project-specific features and not adapted to real needs and has nothing to do with the performance of the contract;
(C) procurement requirements in the technology, services and other requirements to vendor-specific, product-specific;
(D) to specific administrative area or a specific industry's achievements, awards as plus or the winning bidder, on terms and conditions;
(E) suppliers of different qualification or selection criteria;
(F) limit or specify a specific patent, trademarks, brands or suppliers;
(G) illicit ownership of qualified suppliers, organization or location;
(H) by any other reasonable conditions that limit or exclude potential suppliers. 21st buy or purchase agent for the prequalification of suppliers and prequalification notices shall be specified by the financial Department of the people's Governments above provincial level in a press release. Pre-qualification assessment phase can no longer review the qualification of suppliers.
Pre-qualified vendors to review qualifications changed, it shall notify the purchasing and procurement agencies. Prequalification notices shall include the procurement and purchasing project name, purchasing requirements, supplier qualification requirements and suppliers submitting prequalification applications for the time and location of the file.
Time for submission of prequalification documents shall not be less than 5 business days from the date of announcement.
22nd governing similar qualified suppliers of work according to the same Division of a Federation, and level of qualification shall be determined in accordance with low qualification of suppliers.
To participate in the procurement activities of the Government in the form of a Federation, the consortium may not separately to participate in or forming a consortium with other vendors to participate in the procurement activities of the Government under the same contract.
Chapter on government procurement
23rd procurement the procurement of public bidding more than the amount of goods or services, in line with government procurement law of the 29th, 30th, 31st, 32nd section or special circumstances such as necessary to enforce policy on government procurement, district financial Department of the people's Governments above city level approval can be legally adopts the public tender procurement method other than.
24th items for the list of centralized purchasing, for batch of centralized procurement, should carry out the bulk of centralized purchasing, but urgent small sporadic goods and services, except for projects with special requirements.
25th government procurement project not to tender according to law, shall, in accordance with the Government procurement law and the regulations of competitive negotiation or sole-source procurement purchases.
26th government procurement provisions of law 30th article, should be to purchase one unforeseen or not due to delay of the procuring cause; the fourth requirement, refers to purchasing artwork or patented, proprietary technology or service time, the quantity cannot be determined in advance which calculated the total price in advance.
27th 31st article provisions of public procurement law, refers to goods or services using the irreplaceable patents, proprietary technology, or public service projects with special requirements, purchase only from a particular supplier.
28th in a financial year, the procuring entity would be a budget item under the same headings or categories of goods and services by means other than open tendering procurement many times, cumulative amounts exceeding amount of open tendering, belong in a piecemeal manner to avoid competitive bidding, but outside the project budget adjustments or approved by open tender procurement except.
The fourth chapter on government procurement program
29th the procuring entity should be according to the list of centralized purchasing, procurement thresholds and sectoral budgeting government procurement implementation plan has been approved, the financial Department of the people's Government for the record.
30th purchasing or procurement agency should be in the tender documents, negotiation documents and notice of inquiry in public procurement projects budget amounts.
31st period provided the tender documents starting from the date of issue shall be not less than 5 working days. Purchasing or procurement agency has issued a tender document can be necessary to clarify or correct it.
Clarification or modification may affect the contents of the tender documentation, purchasing or procurement agency should be located at least 15th before the tender closing time, to acquire, by written notice to all tender documents potential bidders; less than 15th, purchasing or procurement agency should postpone the deadline for the submission of bid documents.
Article 32nd purchasing or procurement agency should be established by the financial Department of the State Council preparation of bidding documents bidding documents standard texts.
Tender documents should include items of business conditions, procurement requirements, bidder qualifications, bidding requirements, bidding, bid evaluation criteria, as well as contracts to be entered into the text, and so on. Article 33rd tender document required bidders to submit a bid bond, bid bond shall not exceed 2% of the purchase item budget amount. Bid security should be based on cheques, bills of Exchange, promissory note, or financial institutions, security certificate of guarantee and other non-cash form.
Bidders are not in accordance with the bid invitation documents require the submission of a bid bond, bid was invalid.
Purchasing or procurement agency should the successful bidder within 5 working days from the date the notice is issued the return the bid deposit of the successful supplier since the Government purchase returned within 5 working days from the date the contract is signed the bid deposit of the successful supplier.
Competitive negotiation in the inquiry or purchase requirements to participate in the negotiations or inquiries submitted deposit with reference to the provisions of the preceding two paragraphs.
34th method of bidding on government procurement into the lowest bid evaluation method and comprehensive scoring method. The lowest bid evaluation method refers to bids met the tender documents all the substantive requirement and the supplier with the lowest bid for the successful candidate's evaluation.
Comprehensive scoring method refers to bids met the tender documents all the substantive requirements and in accordance with the evaluation factors highest review score of suppliers of measurement method for the assessment of the successful candidate.
Technical and service standards of goods and services, lowest bid evaluation method should be used.
Holistic scoring, review scores in the standard setting should correspond to the measurement and review.
Does not provide for bid evaluation criteria in the tender documents shall not be as the basis for assessment.
Files on the 35th cannot complete, clearly needs, needs final design or solution provided by the supplier, after the end of the negotiations, the negotiating team shall, in accordance with the principle of majority voting recommendation 3 above the tool design plan or solution, and called its final offer in the time allotted. The 36th letter of inquiry should be determined according to the needs of government procurement contract terms.
In the inquiry process, the inquiry Panel shall not be identified in the change notice of inquiry on government procurement contracts.
37th government procurement article 38th fifth, 40th fourth equal in quality and service mentioned in item refers to suppliers to provide product quality and service can meet the substantive requirements under procurement documents.
Article 38th open tender amount, in line with the circumstances prescribed in the 31st article of the Government procurement law, can only be purchased from a sole supplier, purchaser shall purchase the project information and unique vendor name in the financial Department of the people's Governments above provincial level on the specified media publicity, the public notice period of not less than 5 working days.
39th except as stipulated by the financial Department of the State Council, a buyer or purchasing agent should be randomly selected from government procurement experts evaluation experts.
40th article reviewers should abide by the discipline of work on government procurement may not disclose informed assessment documents, review and assessment of trade secret.
Evaluation Committee, competitive negotiation group or request for quotation during the review process, the Panel found that suppliers have bribed, the provision of false information or acted in collusion with illegal acts, shall promptly report to the financial sector.
Government procurement of illegal interference with the reviewers in the review process, shall promptly report to the financial and supervisory authorities. 41st, competitive bid Committee negotiating group or a member of the inquiry Panel shall, in accordance with the principles of objectivity, impartiality and discretion, as mandated by the purchase document review process, evaluation methods and criteria for independent review.
Purchasing document content in violation of the relevant mandatory provisions of the Evaluation Committee, competitive negotiation group or the inquiry team should stop the review and to purchase or procurement agencies to explain the situation. Evaluation Committee, competitive negotiation group or members of the inquiry team should sign the review report, liable for their assessment opinions.
Of objections to the review report, should sign the assessment report different views, and explain the reasons, or as agreed with the evaluation report.
42nd the procuring, purchasing agents may not be to the bid Committee, competitive negotiation group or an inquiry Panel reviewer bias, misleading explanations or descriptions. Article 43rd procurement agency shall, within 2 working days from the closing date of the review the review report submitted to the purchaser.
The procuring entity shall within 5 working days of receiving the evaluation report evaluation report recommended the bid or contract candidates in order to determine the successful bidder or contract suppliers.
Procurement or purchasing agency shall bid or contract supplier within 2 working days from the date of the determination, give notice of bid, clinching, and designated by the financial Department of the people's Governments above provincial level announcements in the media bid, clinching the result, bidding documents, competitive negotiation documents, letters of inquiry announced together with the bid, closing results.
Bid, clinching a deal announcement should include the procurement and purchasing agent's name, address, contacts, project title and project number bid or contract vendor name, address, and the winning bidder or turnover, primary bid or contract the subject matter of the name, specification, quantity, unit price, service requirements, and review the list of experts. Outside the 44th except as stipulated by the financial Department of the State Council, purchaser, purchasing agents may not for any reason organizations reviewed.
Purchasing people, procuring agencies reviewed in accordance with the provisions of the financial Department of the State Council organization, shall report in writing to the financial Department of the people's Government.
Procurement or purchasing agency may on samples to detect, study and other changes to suppliers assessment results. Article 45th purchasing or procurement agency shall, in accordance with the Government contracts regulations technologies, services, security standards organizational acceptance of vendor performance, and issued the inspection book.
Acceptance shall include each of the technologies, services, security, standards compliance.
Public services provided by the Government to the public, inspection services should be invited to participate in and provide advice, inspection results shall be announced to the public.
Article 46th 42nd article of the law on government procurement the procurement file, you can use the electronic archives preservation.
The fifth chapter on government procurement contracts
47th financial departments of the State Council shall, jointly with relevant departments of the State Council of government procurement contract and standard text. 48th procurement documents require the winning bidder or contract suppliers to submit performance bonds, suppliers should be by cheque, Bill of Exchange, promissory notes, or financial institutions, security certificate of guarantee and other non-cash form.
Performance bond shall not exceed the amount of government procurement contract amount of 10%.
49th bid or contract suppliers refused to sign the contract with the procuring, purchasing people can follow the bid evaluation report recommended or sold for sorted lists of candidates, determines the next candidate for the bid or contract suppliers, or back to the Government procurement activities.
50th government procurement of the purchaser shall within 2 working days from the date of signing the contract, government procurement contract specified in the financial Department of the people's Governments above provincial level announcements in the media, but in government procurement contracts, except those involving State secrets, business secrets.
51st the procuring entity shall, in accordance with government contracts regulations, timely payment of purchase funds to bid or contract suppliers.
Funds to cover procedures for government procurement projects, in accordance with national provisions on the management of financial funds to pay.
The sixth chapter questions and complaints
52nd buyer or purchasing agent shall, within 3 working days of vendor responded to inquiries in accordance with law.
Supplier inquiries or questions beyond the scope of procurement procurement agency mandates, procurement agencies presented to the purchaser shall inform the supplier.
Government procurement experts should purchase or procurement agencies respond to vendor inquiries and questions.
The 53rd government procurement law article 52nd date of vendor should know their rights are being infringed, refers to:
(A) questioned the purchase documents to be questioned, as the date of receipt of purchase documents or purchase documents announcement date of expiry;
(B) the challenge of the procurement process, for the date of the end of each step in the procurement process;
(C) to challenge the bid or contract results, results for bid or contract date of expiry of the notice period.
54th questions or questions which may influence the results of the bid, clinching, the procuring entity shall suspend the contract, have signed a contract, shall suspend performance of the contract. 55th vendor questions, complaints should be explicitly requests and the necessary documents.
Complaint in matters which are beyond the scope of matters has questioned.
56th handle complaints in writing reviews of the financial sector, when necessary for investigation or quality certificate.
Investigation and obtaining evidence of their financial Department, complaints and complaint-related parties should faithfully reflect the situation and provide related material.
57th complainant fabricating facts, provide false information or complaints of illegally obtained evidence, financial sectors should be rejected.
Finance Department after complaints, the complainant a written application for withdrawing the complaint, shall terminate the complaint handling procedures of the financial sector.
Article 58th Finance Department to handle complaints, needs inspection, testing and verification, expert review and the need for the complainant corrected material, not counting the time required in the handling of complaints within the time limit.
Finance sector complaints processing decisions on matters shall be specified by the financial Department of the people's Governments above provincial level announcements in the media.
The seventh chapter, supervision and inspection
The 59th government procurement law 63rd government procurement procurement standards referred to in article, refers to the project budget on the basis of standard, asset allocation and technical and service standards.
60th government procurement law 66th article assessment matters, financial departments focused on evaluation or purchase including:
(A) implementation of the procurement policy of the Government;
(B) the level of procurement documentation;
(C) implementation of procurement methods and procedures;
(D) ask, question responses;
(E) the internal supervision and management system and its implementation;
(Vi) other matters stipulated by the financial Department of the people's Governments above provincial level.
Financial departments should develop evaluation plan, regular assessment of centralized purchasing agencies, examination results are important, should report to the people's Governments at the corresponding level. 61st procurement people found that procurement agencies are in violation of, and should require its correction.
Procurement agency refuses, the procuring entity shall report to the financial Department of the people's Governments, the financial sector should be dealt with according to law. Procurement agency found that procurement procurement demand unreasonable conditions on suppliers to discriminatory treatment, or other discriminatory treatment in accordance with legal provisions, regulations and Government procurement policies, or found other illegal acts of the procuring of, should be advised to correct it.
Buyer refuses, the procurement agency shall report to the procurement of the financial Department of the people's Government of the people, the financial sector should be dealt with according to law.
62nd financial Department of the people's Governments above provincial level should be dynamic management of government procurement experts, specific measures formulated by the financial Department of the State Council.
Purchasing or procurement agency should review experts in duties shall be recorded in the procurement activities of the Government, and timely reports to the financial sector.
63rd levels of government financial departments and other departments concerned should strengthen their participation in government procurement suppliers, purchasing agent, supervision and management of reviewers, whose bad behavior to be recorded and incorporated into a unified credit information platform.
64th at all levels shall supervise and inspect the financial departments of government procurement activities, the right to access, copy relevant documents and materials, shall cooperate with related units and personnel.
65th audit institutions, monitoring bodies and other relevant departments shall exercise supervision over government procurement activities, finds procurement violations committed by the parties should be informed of the financial sector.
The eighth chapter legal liability
66th government procurement law article 71st penalty amounting to less than 100,000 yuan.
Government procurement law article 72nd penalty amounting to more than 50,000 yuan below 250,000 yuan.
67th purchase one of the following circumstances, the rectification of the financial sector and give a warning to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions, and to be informed:
(A) was prepared in accordance with the provisions the Government procurement implementation plan or Government procurement implementation plan is not in accordance with the provisions of the financial Department of the people's Government for the record;
(B) should the tender break a project or in any other way to avoid public tenders;
(C) is not in accordance with the provisions in the bid evaluation Committee, competitive negotiation group or an inquiry Panel recommended the bid or contract candidates identified in the bid or contract suppliers;
(D) matters not determined according to the purchase documents entered into government procurement contracts;
(E) we append in the purchase contract and the contract is the subject of the same goods, construction or services purchase amount exceeds the original contract amount of 10%;
(Vi) unauthorized modification, suspension, or termination of government contracts;
(VII) not notice pursuant to the provisions of government procurement contracts;
(H) no Deputy Government procurement contract is in accordance with the provisions of the present report the people's Governments at the corresponding level financial departments and relevant departments.
68th procurement, procurement agency any of the following circumstances, in accordance with the provisions of the law on government procurement article 71st, 78th pursue legal responsibilities:
(A) not in accordance with the Government procurement law and the regulations in the manner provided in the implementation of procurement;
(B) failing to publish project information on government procurement in the designated media;
(C) is not in accordance with the provisions of government procurement policies;
(D) violating the provisions of section 15th of the Ordinance cannot be organized on vendor performance in acceptance or loss of State property;
(E) have not been drawn from a government procurement expert reviewers;
(F) unlawful interference in procurement review activities;
(G) when using general scoring criteria scores in setting does not correspond to the measurement and review;
(H) processing the inquiries, the question of overdue suppliers;
(IX) on samples for testing, inspection and other changes to suppliers assessment results;
(J) failing to organize supplier compliance and acceptance.
69th central procurement agency any of the following circumstances, a rectification by the financial sector, given a warning and has illegally obtained, and shall confiscate the illegal income, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions, and to be informed:
(A) the internal supervision and management system is not perfect, according to law should be separate, isolated, people, not separation, separation of the posts;
(B) will focus on the procurement of procurement items commissioned other procurement agencies;
(C) engaging in profit-making activities.
70th, procurement staff and suppliers with interest and failing to avoid, given a warning by the financial sector, and to a fine of less than 2000 Yuan and 20,000 yuan.
71st government procurement law of the 71st, 72nd, one of the offences provided for in article, affect or might affect the bid, trading results, in accordance with the following provisions:
(A) fails to determine the winning bidder or contract supplier, terminate the procurement activities of the Government, back to the Government procurement activities.
(B) the bid or contract suppliers have been identified but have not yet entered into government procurement contracts, bid or contract is invalidated from qualified candidates winning bidder or sold separately in determining the winning bidder or contract suppliers; lack of qualified candidates for bid or contract, back to the Government procurement activities.
(Iii) Government purchase contract has been signed but has not yet been fulfilled, to cancel the contract, separate from the eligible candidates for bid or contract determining the winning bidder or contract suppliers; lack of qualified candidates for bid or contract, back to the Government procurement activities.
(D) Government procurement contracts have been fulfilled, causes losses to the purchaser, vendor, by the person liable.
Government procurement the parties have violated the Government procurement law or the provisions of this Ordinance, affects or may affect the bid, even after corrected transaction result or was identified as the successful bidder, a deal is not valid according to law, in accordance with the provisions of the preceding paragraph.
72nd supplier has any of the following circumstances, in accordance with the Government procurement law of the 77th, paragraph shall be investigated for legal responsibility:
(A) to the Evaluation Committee, competitive negotiation group or the inquiry team member a bribe or other improper interests;
(B) after the winning bidder or sold without any justified reason, refuses to government procurement contracts with the purchaser;
(C) matters not determined according to the purchase documents entered into government procurement contracts;
(D) Government procurement subcontract;
(V) provision of fake and shoddy products;
(Vi) unauthorized modification, suspension, or termination of government contracts. Suppliers of the circumstances prescribed in the preceding paragraph the first, successful, sold invalid.
Review changes in eligibility, provider fails to comply with the provisions of section 21st notify the purchasing and procurement agencies, purchase amount 5 per thousand of fines on a record of bad behavior list, bid or contract is not valid.
73rd suppliers fabricate facts, provide false information or complaints of illegally obtained evidence, included in the lists of record of bad behavior by the financial sector, in its 1-3 is prohibited to participate in government procurement activities.
74th under any of the following circumstances, belongs to maliciously and 77th to supplier in accordance with the Government procurement law provisions of the first paragraph shall be investigated for legal responsibility, buyer, procurement agencies and their staff in accordance with the Government procurement law 72nd shall be investigated for legal responsibility:
(A) the vendor directly or indirectly purchase or obtain procurement agency related to other suppliers and modifying its bid file or response file;
(B) the supplier according to the purchasing or procurement agency's mandate change or response file, modify the tender documents;
(C) the consultations between the supplier quotation, technical solutions and other bid documents or respond to the substantive contents of the file;
(D) belong to the same group, associations, chambers of Commerce and other members of the supplier in accordance with the requirements of the Organization together to participate in government procurement activities;
(E) suppliers of prior agreement by a specific vendor bid or contract;
(F) agreed between supplier parts suppliers to participate in the Government procurement activities or abandon the bid or contract;
(G) the supplier and purchaser among or between procurement agencies and suppliers, search for specific vendor bid, transaction or exclusion of other suppliers other collusive behavior.
75th government procurement expert was not in accordance with the procurement document review process, evaluation methods and criteria for independent reviews or the leaked review files, review of, and given a warning by the financial sector, and to a fine of less than 2000 Yuan and 20,000 yuan; influencing the results of the bid, clinching, at more than 20,000 yuan to 50,000 yuan fine, ban on their participation in the review of government procurement activities.
Government procurement experts and suppliers have a stake in not evasive, at more than 20,000 yuan to 50,000 yuan fine, ban on their participation in the review of government procurement activities.
Government procurement experts receive buyer, procurement agencies, vendors, bribes or other improper benefits, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, at more than 20,000 yuan to 50,000 yuan fine, ban on their participation in the review of government procurement activities.
Government procurement experts of such offences, its comments are invalid, shall not obtain accreditation fee has illegally obtained, confiscation of illegal income cause damage to others shall bear civil liability.
76th breach of government procurement government procurement law and the provisions of this Ordinance, and cause damage to others shall bear civil liability.
77th in the performance of the financial sector supervision and administration in violation of the Government procurement government procurement law and the provisions of this Ordinance, abuse of power, negligence, malpractice, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions directly responsible person in charge and other direct liable persons constitutes a crime, criminal responsibility shall be investigated according to law.
The Nineth chapter supplementary articles
78th fiscal management direct management of county-level people's Governments as needed and approved by the provincial people's Government, exercise of the Government procurement law and the regulations of district municipal people's Government to change procurement terms. 79th these regulations come into force on March 1, 2015.
