People’s Republic of China Government Procurement Law (2014 Revision)

? People's Republic of China Government Procurement Law
People's Republic of China Presidential Decree
Number sixty-eighth
"People's Republic of China Government Procurement Law" by the People's Republic of China of the Ninth National People's Congress Standing Committee of the 28th Meeting of June 29, 2002, is hereby promulgated for implementation from January 1, 2003 .
Chapter I General Provisions
Order to standardize government procurement, improve efficiency in the use of government procurement funds, safeguarding national interests and public interests, protect the legitimate rights and interests of government procurement parties, and promote clean government, this law is enacted.
Article government in the territory of People's Republic of China, Procurement Law.
Government procurement mentioned refers to all levels of state organs, institutions and organizations, actions or procurement limits the use of fiscal funds procurement law established centralized procurement within the catalog of goods, works and services.
Centralized government procurement catalog and purchase authority limit shall be set forth in the making.
Procurement mentioned herein refers to the way the contract paid to obtain goods, works and services of behaviors, including purchase, lease, entrustment and employment.
Commodities mentioned refers to the various forms and types of goods, including raw materials, fuel, equipment, and other products.
Engineering works mentioned herein refers to construction projects, including buildings and structures, construction, reconstruction, expansion, renovation, demolition, repair and the like.
Services mentioned herein refer to other objects in addition to government procurement of goods and works.
Article government procurement should follow the principle of openness and transparency, fair competition, impartiality and good faith.
Article government procurement bidding works, the law shall prevail.
Article No unit or individual shall not be used in any way obstruct or restrict free access to suppliers in the region and the government procurement markets of the industry.
Article government procurement shall be strictly in accordance with the approved budget.
Article government procurement centralized procurement and decentralized procurement. Scope of centralized procurement by the provincial people's government announced the centralized procurement catalog OK.
Government procurement items under the central budget, centralized procurement catalog for determined and published by the State Council; government procurement projects belong to local budgets, centralized procurement catalog for provinces, autonomous regions, municipalities or its authorized agencies determined and published.
Included in the centralized procurement catalog of government procurement should be centralized procurement.
Article VIII of government procurement quota standards, government procurement under the central budget, determined and published by the State Council; government procurement projects belong to local budgets, the provinces, autonomous regions, municipalities or its authorized agencies determined and published.
Article IX of government procurement should contribute to achieving economic and social development policy objectives of the country, including the protection of the environment, support to the underdeveloped regions and ethnic minority regions, promoting SME development.
Article X of government procurement should purchase domestic goods, works and services. However, except in the following circumstances:
(A) require the procurement of goods, works or services can not get or can not be obtained on reasonable commercial conditions in China;
(B) to use outside China to be procured;
(Iii) other laws and administrative regulations provide otherwise.
The aforesaid domestic goods, works and services to define, in accordance with the relevant provisions of the State Council.
Article XI on government procurement information should be specified in the government procurement supervisory and administrative department of media promptly released to the public, except those concerning trade secrets.
Article XII in government procurement activities, procurement staff and related personnel and suppliers interested, must be avoided. Suppliers consider the procurement personnel and other related personnel and suppliers interested, you can apply for their withdrawal.
The aforesaid personnel, including members of the bid evaluation committee procurement, any member of the negotiating team competitive negotiation procurement, procurement inquiry inquiry team composed of personnel.
Article XIII people's governments at all levels are responsible for supervision over government procurement sector, government procurement activities to fulfill the duty of supervision according to law.
People at all levels of government departments to perform other activities related to government procurement supervisory and administrative functions according to law.
Chapter II Government procurement parties
Article XIV of the Government Procurement party refers to the rights and obligations in government procurement activities in various subjects, including procurement, suppliers and procurement agencies and the like.
Article XV purchaser refers to state organs of government procurement, business and social organizations in accordance with law.
Article XVI centralized procurement agency for the procurement agency. City divided into districts, autonomous prefectures and the people's government above the centralized procurement under this level of government procurement organizations need to establish a centralized purchasing agency.
Centralized procurement agencies are non-profit public institutions that handle procurement according to procurement parties.
Article XVII centralized procurement agencies in government procurement activities, shall meet the purchase price is lower than the average market price, higher procurement efficiency, good quality and good service procurement requirements.
Article XVIII purchaser purchasing procured in a centralized directory for government procurement projects, centralized procurement agencies must entrust procurement agent; procurement not included in the centralized procurement catalog of government procurement projects, you can purchase their own, you can also request a centralized procurement agencies within the scope of the commission purchasing agent.
Included in the centralized procurement catalog for government procurement items belonging to general shall entrust centralized procurement agency procurement agent; part of this department, the system has special requirements of the project, shall implement centralized purchasing department; part of this unit have special requirements of the project, the provincial above people's Government, they can purchase their own.
Article XIX The purchaser may entrust the departments concerned under the State Council or provincial government departments recognized qualification procurement agency, within the authorized range to handle government procurement.
Buyer shall have the right to choose the procurement agency, and no unit or individual may purchase designated procurement agency in any way.
Article XX purchasing procurement agency entrusted by law to conduct procurement shall be signed by the purchaser and procurement agency agent agreement, agency matters determined by law, the rights and obligations of both parties agreed.
Twenty-one supplier is a pointer to the purchaser to provide the legal goods, works or services, other organizations or individuals.
Article 22 vendors to participate in government procurement activities shall meet the following conditions:
(A) having the ability to independently bear civil liability;
(B) has a good business reputation and sound financial accounting system;
(Iii) with the equipment and technical expertise required for the contract;
(D) have a good record of paying taxes and social security funds in accordance with law;
(E) participate in government procurement activities during the three years, no major violations recorded in operating activities;
(Vi) legal, administrative regulations and other conditions.
The purchaser may purchase the special requirements of the project to provide vendor specific conditions, it is not unreasonable conditions for the differential treatment of suppliers or discriminatory treatment.
Article 23 The purchaser may request to participate in government procurement supplier provide proof of qualifications and performance conditions, and in accordance with the provisions of this Act and the conditions of the supplier for a particular procurement projects requires suppliers to review the qualification of suppliers .
Article 24 Where two or more natural persons, legal persons or other organizations may form a consortium with a common identity of the supplier to participate in government procurement.
In the form of the Commonwealth government procurement, suppliers to participate in the Commonwealth shall have the conditions prescribed in Article 22, and shall submit a joint agreement to the purchaser, the Commonwealth states parties to undertake the work and obligations. Consortium shall jointly enter into a procurement contract with the purchaser, on matters of procurement contract jointly and severally liable to the purchaser.
Article 25 Government procurement parties may not collude with harming national interests, public interests and the legitimate interests of other parties; must not by any means exclude other suppliers to compete.
Suppliers are prohibited to the procuring agency, any member of the bid evaluation committee, any member of the competitive negotiation team, member of the inquiry team to take bribes or other improper means to win the bid or auction.
Procurement agency shall not take bribes to the purchaser or other improper means to seek illegal interests.
Chapter III of Government Procurement
Article 26 The government procurement in the following ways:
(A) open tendering;
(B) invite tenders;
(Iii) competitive negotiation;
(Iv) single-source procurement;
(V) the inquiry;
(F) government procurement supervisory and administrative department under the State Council of other procurement methods.
Public bidding should be used as the main form of government procurement of.
Article 27 The purchaser purchasing goods or services should be open tender, the specific quotas, government procurement under the central budget, by the State Council; government procurement projects belong to local budgets, the provinces, autonomous regions and municipalities government regulations; special circumstances require the use of public procurement method other than tendering, the city divided into districts should be obtained before the start of procurement activity approved autonomous prefecture people's government procurement supervisory and administrative department.
Article 28 Procurement person shall be by open tender procurement of goods or services or in any other way decentralized avoid public bidding.
Article 29 of the following circumstances goods or services, according to this law may invite tenders for procurement:
(A) is unique, it can only be procured from a limited number of suppliers;
(B) the cost of public bidding total value of government procurement ratio is too large.
In line with Article 30 of the following circumstances goods or services can be procured through competitive negotiation in accordance with this Law:
After (a) the tender no supplier tender or qualified tender or failure to re-tender the establishment;
(B) technical complexity or special nature, can not determine the detailed specifications or specific requirements;
(C) the time required for tendering can not meet the urgent needs of the users;
(D) can not be calculated in advance the total price.
In line with Article 31 of the following circumstances goods or services, in accordance with this Law, single source procurement:
(A) can only be procured from a sole supplier of;
(Ii) the occurrence of unforeseen emergencies can not be procured from other suppliers;
(Iii) the need to ensure the consistency of the original purchase items or services supporting the requirements, the need to continue from the original purchase the suppliers and purchase the total amount does not exceed ten percent of the original contract amount.
Article 32 of adequate procurement of goods specifications, standardization, supply and stock prices change width smaller government procurement projects, according to this law can inquire procurement.
Chapter IV Government procurement procedures
Article 33 The preparation of departmental budgets bear responsibility department in the preparation of the next financial year the department budget, should the government procurement projects and financial capital budget lists, reported to the finance department for consolidation. Approval of departmental budgets, according to the budget management authority and procedures.
Article 34 Where goods or services are to invite tenders for procurement, the purchaser shall be from the qualified suppliers, select three or more suppliers through a random manner, and issue invitations to bid.
Article 35 The implementation of goods and services procured through tenders, from the date of issue of tender documents submitted by the bidders until the date of closing of the tender documents, shall not be less than 20 days.
Article 36 in the bidding, the emergence of one of the following circumstances shall annulment:
(A) meet the professional qualifications of the supplier or the tender documents for the substantive response of less than three suppliers;
(B) appears to influence the procurement fair illegal violations;
(C) the tender offer more than the procurement budget, the purchaser can not pay;
(Iv) any important change in procurement has been canceled.
After the annulment, the purchaser shall inform all the bidders reasons for the annulment.
Article 37 annulment, in addition to the case of procurement has been canceled, shall be re-organized the tender; the need for additional procurement, the city divided into districts should be obtained before the start of procurement activity Autonomous Prefecture people's government procurement supervisory and administrative department or government approved by relevant authorities.
Article 38 The use of competitive negotiation procurement shall follow the following procedure:
(A) the establishment of the negotiating team. Negotiating team by the purchaser of the relevant experts and representatives of more than three members in odd number, the number of experts in which not less than two-thirds of the total members.
(B) Preparation of negotiation documents. Negotiating documents should be clear negotiating process, the negotiations, the draft terms of the contract and to assess transaction standards and other matters.
(Iii) to be invited to negotiate the list of suppliers. The negotiation team from the list of suppliers meet the appropriate eligibility criteria no less than three suppliers to participate in the negotiations, and provide negotiating document.
(Iv) negotiations. All members of the negotiating team focused on a single supplier and negotiate separately. In the negotiations, either party shall not disclose the negotiations and negotiations related to other suppliers of technical information, price and other information. Substantial change negotiation documents, the negotiation team shall notify in writing all suppliers participating in the negotiations.
(V) determine the successful supplier. After negotiations, the negotiating team should be required to participate in all negotiations suppliers final offer within the specified time, the purchaser from the negotiating team proposed transaction candidates and lowest offer in accordance with the principles set out in line with procurement requirements, quality, service supply deal suppliers and inform all participants in the negotiations Unsold suppliers.
Article 39 single-source procurement, the purchaser and the supplier shall follow the principles of this Law, procurement procurement projects to ensure quality and reasonable price mutually agreed basis.
Article 40 inquiry is adopted for procurement shall follow the following procedure:
(A) the establishment of the inquiry team. The inquiry team by the purchaser of the relevant experts and representatives of more than three members in odd number, the number of experts in which not less than two-thirds of the total members. The inquiry team should assess the price structure and procurement transaction standards and other matters provided for.
(B) determine the list of suppliers is inquiry. The inquiry team according to procurement requirements, determine the list of suppliers from the qualified no less than three suppliers, and issue a notice of inquiry for them to offer price.
(C) inquiry. The inquiry team shall demand the inquired supplier can not be changed once quoted price.
(Iv) determine the successful supplier. According to the purchaser procurement requirements, quality and service and offer the same principle of the lowest turnover of suppliers to determine and notify the result of all the other failing suppliers.
Article 41 The purchaser or its entrusted procurement agency shall arrange for vendor performance acceptance. Large or complex government procurement projects, should be invited to the national quality inspection agency accredited to participate in the inspection. Acceptance Party members should in the acceptance letter signed and bear the corresponding legal responsibility.
Article 42 The procuring agency for government procurement projects each procurement activity procurement documents should be kept, not forge, alter, conceal or destroy them. Shelf procurement documents from the date of completion of procurement for at least fifteen years.
Procurement documents include records of procurement, procurement budget, the tender documents, tender documents, evaluation criteria, evaluation reports, calibration documents, contracts, certificate of acceptance, and response to inquiry, complaint handling decisions and other relevant documents and materials.
Records of procurement shall include at least the following:
(A) procurement project category, name;
(Ii) procurement project budget, funding structure and the contract price;
(C) procurement, the use of procurement methods other than public bidding shall state the reasons;
(Iv) invite and vendor selection conditions and reasons;
(V) the evaluation criteria and determine the winning bidder of the reasons;
(Vi) the reasons for annulment;
(Vii) using the appropriate mode according to outside bidding.
Chapter V Government Procurement Contract
Article 43 The government procurement contract law applicable to the contract. Rights and obligations of the Buyer and the supplier shall be in accordance with the principle of equality, voluntary way of contract agreement.
The purchaser may entrust procurement agency government procurement contracts signed with suppliers on its behalf. By the procurement agency on behalf of the purchaser to sign a contract shall be submitted to the purchaser of the power of attorney, as an annex to the contract.
Article 44 The government procurement contract shall be in writing.
Article 45 The government procurement supervisory and administrative department under the State Council shall, jointly with relevant departments of the State Council, stipulates that the Government must have a procurement contract terms.
Article 46 Procurement and the bid winner and conclusive supplier shall bid, within 30 days after the issue auction notice, in accordance with the procurement documents to determine matters of government procurement contracts signed.
Bid, auction notices and bid procurement, supplier transactions are legally binding. Bid, after the transaction notice is issued, the purchaser changes the bid, auction, or bid winners supplier abandon the bid and the transaction, it shall bear legal liability.
Article 47 Government procurement contracts procurement projects from the date of signing of seven working days, the purchaser shall be the same level for government procurement contracts deputy supervisory and administrative departments and relevant departments for the record.
Article 48 agreed by the purchaser, the successful turnover subcontract supplier may perform the contract in accordance with law.
Government procurement subcontracting fulfillment of bid winners suppliers and subcontractors procurement project leader to the purchaser, sub-suppliers subcontracted responsibility.
Article 49 Government procurement contract performance, the purchaser needs an increase of the same object of the contract goods, works or services, without changing the other terms of the contract under the premise, can sign a supplementary contract negotiations with suppliers, but all supplementary contract the purchase amount must not exceed ten percent of the original contract amount.
Article 50 Government procurement contract parties are not allowed to alter, suspend or terminate the contract.
Government procurement contracts will continue to perform the damage to national interests and public interests, the parties shall alter, suspend or terminate the contract. The party at fault shall be liable, both sides are at fault, shall bear their respective responsibilities.
Chapter VI Query and Complaint
Article 51 Supplier matters of government procurement activities have questions, you can ask questions to the purchaser, the purchaser shall promptly responded, but the reply must not involve commercial secrets.
Article 52 suppliers consider the procurement documents, the procurement process and the successful bidder, auction so that their rights are being infringed, you can know or seven working days from the date the rights are being infringed should know, in writing to the Buyer people questioned.
Article 53 The purchaser shall be made after receipt of the written challenge suppliers reply within seven working days and notify in writing the query providers and other suppliers, but the reply must not involve commercial secrets.
Article 54 purchasing commissioned procurement agency procurement, suppliers can ask questions or challenge to the procurement agency procurement agencies shall, in accordance with Article 51 of this Law, the provisions of Article 53 of the procurement commissioned matters within the scope of authorization responded.
Article 55 of the responses to question suppliers procuring agency is not satisfied or procuring agency did not respond within the specified time may be at the same level within 15 working days after the expiry of reply government procurement supervisory and administrative department complaints.
Article 56 The government procurement supervisory and administrative department shall, within 30 working days after receipt of the complaint, make a decision on the complaint and notify the complainant and the complaint relating to the parties in writing.
Article 57 The government procurement supervisory and administrative department in dealing with the complaint, as the case may notify the purchaser in writing to suspend procurement activities, but the suspension period shall not exceed 30 days.
Article 58 The complainant complaint handling government procurement supervisory and administrative department disagrees with the decision or the government procurement supervisory and administrative department overdue for treatment,

Chapter VII Supervision and Inspection
Article 59 The government procurement supervisory and administrative departments shall strengthen the government procurement activities and the centralized procurement institutions supervision and inspection.
Supervision and inspection of the main contents are:
(A) implementation of the relevant government procurement laws, administrative regulations and rules;
(Ii) the implementation of the procurement scope, methods and procurement procedures;
(C) government procurement personnel professional quality and professional skills.
Article 60 The government procurement supervisory and administrative department shall set up centralized procurement agencies, can not be involved in procurement activities of government procurement projects.
Procurement agency and the executive no relationship of subordination or other interest.
Article 61 centralized procurement agencies should establish a sound internal supervision and management system. Decision-making and execution of procurement activities should be clear, and mutual supervision and mutual restraint. Personnel responsible for procurement and audit functions and powers of inspection personnel handling the procurement contract shall be clearly defined and separated from each other.
Article 62 centralized procurement agency procurement staff should have relevant professional qualifications and skills, in line with government procurement supervisory and administrative department under the special posts.
Centralized procurement agencies should strengthen their staff education and training; the level of professional procurement staff, work performance and professional ethics, regularly assessment. Procurement officers qualified in the assessment, may not remain in office.
Article 63 The procurement standards for government procurement items should be made public.
Use of procurement methods stipulated in this Law, the purchaser after the completion of procurement activities, procurement should publish the results.
Article 64 The purchaser must be in accordance with the provisions of this Law procurement procurement methods and procurement procedures.
Any unit or individual shall not violate the provisions of this law requires the procuring entity or the staff to the designated procurement suppliers.
Article 65 The government procurement supervisory and administrative department shall procurement activities of government procurement projects to be checked, government procurement parties should tell the truth and provide relevant materials.
Article 66 The government procurement supervisory and administrative department shall purchase price of centralized procurement agencies, savings effects, quality of service, and reputation, matters such as whether the violations assessment, and regularly publish truthful examination results.
Article 67 in accordance with the provisions of laws and administrative regulations on government procurement has administrative oversight responsibilities of relevant government departments should be in accordance with the division of their responsibilities, strengthen supervision over government procurement activities.
Article 68 Audit institutions shall audit oversight of government procurement. Government procurement supervisory and administrative departments, government procurement, government procurement activities related to the parties, shall be subject to audit supervision of audit organs.
Article 69 The supervisory organ shall strengthen other state organs participate in government procurement activities, civil servants and state administrative bodies appointed to monitor implementation.
Article 70 Any unit or individual government procurement activities illegal, the right to sue and prosecute, the relevant departments, agencies shall, in accordance with their respective duties timely manner.
You may apply for administrative reconsideration or bring an administrative lawsuit to the people's court.
Chapter VIII Legal Liability
Article 71 procuring agencies of the following circumstances shall be ordered to make corrections, give a warning and may impose a fine on the person in charge and other directly responsible personnel directly responsible, by its competent administrative department or other relevant organs shall be punished, and I informed:
(A) shall be without public bidding and other means of procurement;
(B) permission to raise procurement standards;
(Iii) delegate does not have the business agent for the government procurement agencies for procurement services;
(Iv) unreasonable conditions the differential treatment of suppliers or discriminatory treatment;
(V) in the bidding process and negotiation of bidders;
(Vi) bid, and not after winning the auction notice is issued, the successful supplier signed a procurement contract;
(7) refusing to implement the relevant departments of supervision and inspection according to law.
Article 72 procuring agencies and their staff of the following circumstances, constitutes a crime, shall be investigated for criminal responsibility; not constitute a crime, punishable by a fine, illegal gains confiscated illegal income, belonging to staff of state organs shall be given administrative sanctions:
(A) the supplier or procurement agency malicious collusion;
(B) accepting bribes in the procurement process or obtain other improper benefits;
(C) providing false information in the supervision and inspection of the relevant departments in accordance with law;
Front (iv) disclose opening base price.
Article 73 has one of the top two offenses affects the bidding, auction or may affect the bid, auction, according to the following cases dealt with separately:
(A) determined bid winners supplier to terminate the procurement activities;
(Ii) the successful bidder, supplier transactions have been identified but not yet performed the procurement contract, to rescind from qualified bid winners and candidates to be determined bid winners and suppliers;
(C) procurement contract has been performed, to the purchaser, the supplier's loss, liability by the responsible person.
Article 74 The purchaser shall implement centralized procurement for government procurement projects, centralized procurement agencies do not entrust centralized procurement by the government procurement supervisory and administrative department shall order rectification; refuse to correct, stop by budget to disburse funds from its superior administrative department or other relevant organs according to executives directly responsible and other persons directly responsible for sanctions.
Article 75 The purchaser unpublished results of procurement law and procurement standards for government procurement items, and ordered to make corrections, the person directly responsible shall be punished.
Article 76 The procuring agency, in violation of this Law conceal or destroy documents should be preserved or purchasing forged or altered the procurement documents, the government procurement supervisory and administrative department shall be fined 20,000 yuan to 100,000 yuan, the person in charge and other directly responsible personnel directly responsible shall be punished according to law; constitute a crime, be held criminally responsible.
Article 77 Suppliers of the following circumstances, punishable by a fine of not less than 5 thousandths procurement value or less, the inclusion of a list of bad behavior record, one to three years prohibited from participating in government procurement activities, the illegal income the confiscation of illegal income, if the circumstances are serious, the administrative department for industry and commerce to revoke its business license; constitute a crime, be held criminally responsible:
(A) providing false win the bid, the transaction;
(B) by improper means slander, crowding out other suppliers;
(Iii) The purchaser, other suppliers or procurement agencies malicious collusion;
(Iv) bribe to procuring agency, or provide other improper benefits;
(V) in the process of bidding and procurement people and bargain collectively;
(6) Refusing supervision and inspection departments or providing false information.
Supplier of the preceding paragraph (a) to one (e) cases, the bid winners invalid.
Article 78 procurement agency commits an illegal act in the proxy government procurement in accordance with the relevant laws shall be fined, may be disqualified its related business, constitutes a crime, be held criminally responsible.
Article 79 Government procurement parties this Law Article 71, Article 72 and 77 violations, causing losses to others, and shall bear civil liability in accordance with the relevant civil laws.
Article 80 Staff supervision over government procurement sector supervision and inspection in violation of the provisions of this law abuse of power, dereliction of duty shall be given administrative sanctions; constitutes a crime, be held criminally responsible.
Article 81 The department for supervision over government procurement supplier complaints overdue for treatment, administered directly in charge and other persons directly responsible to administrative sanctions.
Article 82 The department for supervision over government procurement centralized purchasing agency performance appraisal, false statements, concealing the true situation, or do not make regular assessments and publish the results of the assessment shall be promptly corrected by the superior organ or the supervisory authority of its inform the person in charge, directly responsible shall be given administrative sanctions.
Centralized procurement agencies in the government procurement supervisory and administrative department, false results, conceals the real situation, impose a 20,000 yuan fine of 200,000 yuan, and be informed; the circumstances are serious, cancel its qualification of procurement agency.
Article 83 If any units or individuals obstruct suppliers to enter the industry in the region or government procurement market, ordered to make corrections; refuse to make corrections by the unit, individual higher administrative department or the relevant authorities for the unit liability person or individual action.
Chapter IX Supplementary Provisions
Article 84 The use of international organizations and foreign government loans government procurement, lenders, capital providers and the agreements reached on the specific conditions of the procurement of other provisions, such provisions may be applied, without prejudice to the national interest and social Public Interest.
Article 85 of the emergency procurement due to severe natural disasters and other force majeure events implemented and procurement involving national security and secrets law is not applicable.
Article 86 military procurement regulations shall be formulated by the Central Military Commission.
Concrete steps and measures for the implementation of Article 87 of this Law shall be prescribed by the State Council.
Article 88 This Law shall go into effect January 1, 2003.