Government Procurement Complaint Treatment

Original Language Title: 政府采购供应商投诉处理办法

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(August 11, 2004, the Ministry of Finance announced since September 11, 2004, 20th) Chapter I General provisions article in order to prevent and correct illegal or improper acts of government procurement, protect the legitimate rights and interests of participation in government procurement suppliers, safeguard the State interests and public interests, establish a standard and efficient complaint handling mechanism in government procurement, in accordance with the People's Republic of China Law on government procurement (hereinafter referred to as the Government Procurement Act), these measures are formulated.
    Supplier in accordance with article II filed complaints to the financial sector, financial sector complaints, make a decision, these measures shall apply.
    Third financial Department of the people's Government at or above the county level shall be responsible for the law receive and deal with complaints.
    Project finance is responsible for the central budget supplier complaints of government procurement activities.
    Financial Department of the people's Government at or above the county level are responsible for this budget item vendor complaints of government procurement activities.
    Financial departments at all levels should be at or above the provincial level IV publish financial sector information on government procurement notices in the media complaint phone, fax and other matters of complaint.
    Fifth financial Department to deal with complaints, should adhere to the principles of equity, fair and simple, efficient, and safeguarding national interests and public interests.
    The sixth complaint the real-name system, their complaints should have a specific complaint and the facts, shall not make false or malicious complaints. Chapter II complaint filed and accepted the seventh vendors consider purchasing documents, procurement procedures, bids and deals with the result that their lawful rights and interests are harmed should be first challenged the law to purchasing, procurement agency.
    Questions about procurement, procurement agency is not satisfactory, or buyer, purchasing agency has not replied within the prescribed period, vendors can respond within 15 working days after the expiry of filing complaints to the financial sector.
    Article eighth complaint of the complainant shall submit the complaint, and in accordance with the complaint to the procurement, procurement agency (hereinafter respondent) and suppliers associated with the complaint with a copy of the complaint.
    The complaint should include the following main elements: (I) the complainant and the respondent's name, address, telephone number, etc, (ii) specific complaints and evidence; (c) the question and question replies and relevant supporting documents; (d) the date of the complaint. The complaint should be signed.
    Complaints against a natural person shall be signed by himself; the complainant for legal persons or other organizations, should be signed and sealed by the legal representative or principal responsible person and seal. Nineth may entrust an agent to handle the complaints.
    Agent when handling complaints, in addition to submitting the complaint, but should also be submitted to the financial departments at the complainant's power of Attorney, power of attorney shall set forth the authority and agency matters.
    Tenth Article complaints people filed complaints should meet following conditions: (a) complaints people is participation by complaints Government procurement activities of suppliers; (ii) filed complaints Qian has law for questioned; (three) complaints book content meet this approach of provides; (four) in complaints effective term within filed complaints; (five) belongs to this financial sector jurisdiction; (six) same complaints matters without financial sector complaints processing; (seven) State financial sector provides of other conditions.
    11th article financial sector received complaints book Hou, should in 5 a days within for review, on not meet complaints conditions of, respectively by following provides be processing: (a) complaints book content not meet provides of, told complaints people modified Hou again complaints; (ii) complaints not belongs to this sector jurisdiction of, transferred has jurisdiction right of sector, and notification complaints people; (three) complaints not meet other conditions of, written told complaints people not accepted, and should description reason.
    Meets the conditions the complaints, since the Ministry of Finance shall be accepted from the date of receipt of the complaint.
    12th Finance Department shall, within 3 working days after the complaint a complaint and complaint-related suppliers to send a copy of the complaint.
    The 13th respondent and suppliers in connection with complaints should be received within 5 working days from the date on which the copy of the complaint, an explanation in writing to the financial sector, and submitted to the relevant evidence, evidence and other relevant material. Chapter III complaint handling in principle with article 14th Finance Department to handle complaints in written review approaches.
    Financial sector may consider necessary, investigation and evidence collection, also can organize the complainant and respondent to cross-examination.
    15th to investigate financial departments according to law, the complainant, the respondent, as well as units and personnel associated with the complaint should faithfully reflect the situation, and needed for the financial sector-related material.
    16th the complainant refused to cooperate with investigations of the financial Department, withdraws the complaint voluntarily; by the complainant does not submit the relevant evidence, evidence and other relevant material, as a waiver of that right, recognized the subject of complaint.
    17th Finance Department upon review, complaints made the following decisions: (a) the complainant withdraws the complaint, terminate the complaint, (ii) the complaint lacks factual basis, dismissed the complaint and (c) of the complaints verified, respectively, in accordance with the relevant provisions of this approach. 18th article financial sector by review, finds procurement file has obviously tendency or discrimination sex, problem, to complaints people or other suppliers lawful rights and interests of caused or may caused damage of, by following situation respectively processing: (a) procurement activities yet completed of, ordered modified procurement file, and by modified Hou of procurement file carried out procurement activities; (ii) procurement activities has completed, but yet signed Government procurement contract of, decided procurement activities illegal, ordered again carried out procurement activities; (three) procurement activities has completed
    And has signed the Government procurement contract, decided to purchase activities illegal, by the respondent corresponding liability in accordance with the relevant provisions of the law.
    19th article financial sector by review, finds procurement file, and procurement process effect or may effect bid, and sold results of, or bid, and sold results of produced process exists violations of, by following situation respectively processing: (a) Government procurement contract yet signed of, respectively according to different situation decided all or part procurement behavior illegal, ordered again carried out procurement activities; (ii) Government procurement contract has signed but yet perform of, decided revoked contract, ordered again carried out procurement activities;
    (C) Government procurement contract has been performed, the decision illegal procurement activities, causes losses to the complainants of the procuring, by the relevant responsible persons liable.
    20th Finance Department shall receive complaints within 30 working days from the date, treatment decision on complaints, and notified in writing to the complainant, the respondent and the complaint handling results of interested parties in government procurement. 21st financial sector make a decision, it shall make a written decision on complaint handling and seal.
    Complaints processing decided book should including following main content: (a) complaints people and was complaints people of name or name, and residence,; (ii) delegate agent handle of, agent of name, and career, and address, and contact way,; (three) processing decided of specific content and the facts according to and legal according to; (four) told complaints people administrative reconsideration application right and litigation right; (five) made processing decided of date.
    Written decision on complaint handling service in accordance with the provisions of civil procedure relating to the service.
    22nd during the processing of the complaint, the financial sector, depending on the specific written notice, suspend the procurement activities of the complainant, but suspended the time shall not exceed 30th.
    Respondent shall immediately suspend the procurement activities after receipt of the notification, at the end of the statutory period of suspension or financial departments before issuing the recovery notification of procurement activities, the procurement activities shall not be conducted.
    23rd complaint handling should be the result of the financial sector in the provincial financial departments at or above the specified government procurement information published announcements in the media.
    24th complaint decision on complaint handling in the financial sector refuses or fails to deal with the financial sector, people's Court may apply for administrative reconsideration or bring an administrative action.
    25th fourth chapter legal liability in the financial sector in the process of handling complaints, found that respondent and his staff, Evaluation Committee members, suppliers are in violation of, this body has the right to treatment, punishment, should be dealt with according to law, punishment; the authorities have no right to deal with, should be forwarded to the bodies competent to deal with the law.
    26th the complainant has any of the following circumstances, false, malicious complaint, the financial sector should dismiss the complaint, be included in the list of record of bad behavior, and will be punished according to law: (a) more than three times within a year of the complaints unfounded, (ii) fabrication of material facts or providing false complaints.
    27th were complainant offences cause damage to others shall bear civil responsibility according to the civil law.
    28th in the complaints-handling process, the financial sector workers abuse their powers, neglect their duties, engages in, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Fifth chapter by-laws 29th financial Department to deal with complaints not to the complainant and respondent charged a fee.
    But the identified costs incurred for handling customer complaints, should be in accordance with the "who's fault who pays" principle borne by the innocent party; both sides are at fault, shared by both reasonable.
    30th financial departments shall establish a complaint handling records management system, and consciously accept supervision and inspection departments according to law.
    31st in the complaints-handling process in clients ' business secrets and personal privacy, financial sector and the Insider shall bear the obligation of secrecy.
                                                        32nd article this way since September 11, 2004.

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