People’s Republic of China Government Procurement Law Implementation Regulations

People's Republic of China Government Procurement Law Implementation Regulations
People's Republic of China State Council Order No. 658
"People's Republic of China Government Procurement Law Implementation Regulations" has been December 31, 2014 the 75th executive meeting of the State Council, is hereby promulgated and shall go into effect March 1, 2015.
January 30, 2015
People's Republic of China Government Procurement Law Implementation Regulations
Chapter I General Provisions
First under the "People's Republic of China Government Procurement Law" (hereinafter referred to as the Government Procurement Law), the enactment of this Ordinance.
Article Government Procurement Law Article refers to alleged financial funds into the budget management of the funds.
Borrowing funds to finance capital as a source of repayment shall be regarded as financial capital.
State organs, institutions and organizations purchasing items using both financial funds and the use of non-financial capital, the use of fiscal funds procurement section for Government Procurement Law and these Regulations; financial capital and non-financial funds can not be divided procurement, government procurement law and the uniform application of this Ordinance.
Government Procurement Law Article 2 of these services, including public services, government services and government to their own needs to the public offer.
Article centralized procurement catalog includes a centralized procurement agency procurement and centralized purchasing department projects.
Technology, services, standardization, procurement people generally used as a centralized procurement agency procurement projects; the purchaser of the department, the system based on business needs to have special requirements, can be unified procurement projects, centralized purchasing department as a project.
Government Procurement Law Article referred centralized procurement refers to the procurement will be included in the centralized procurement catalog items entrusted to centralized purchasing agency or purchasing agent sectoral centralized purchasing behavior; alleged decentralized procurement means procurement will procurement limits not included in the above list for centralized procurement project commissioned by the behavior of their own procurement or procurement agency procurement agency.
Article provinces, autonomous regions, municipalities or its authorized agencies in accordance with the actual situation can be determined separately applicable to municipal administrative region of the provincial districts, the county's centralized procurement catalog and purchase limit standards.
Article VI of the finance department should be based on social and economic development policies, in conjunction with relevant State Council departments to develop government procurement policies, procurement requirements through the development of standards, reserved share purchase price review concessions, preferential procurement and other measures to achieve energy conservation, protection environment, support to the underdeveloped regions and ethnic minority areas, promote the development of SMEs and other targets.
Article government procurement of goods and construction and construction-related services, the use of tender procurement for "People's Republic of China Bidding Law" and its implementing regulations; other means of procurement for Government Procurement Law and these Regulations.
The aforesaid project, refers to construction projects, including buildings and structures, new construction, renovation, expansion and associated renovation, demolition, repair, etc; the alleged goods and construction-related engineering refers constitute an integral part, and works for the realization of the basic functions necessary equipment and materials; and the alleged construction-related services, is defined as the completion of the required project survey, design, supervision, and other services.
Government procurement, engineering and construction-related goods and services, government procurement policy should be implemented.
Posted on Article VIII of government procurement information should be specified in the financial department of the provincial people's government media. Procurement project budget amounted to the financial department of the required standards, government procurement information should be specified in the financial department of the State Council press release.
Article IX in government procurement activities, procurement staff and related personnel and suppliers interested one of the following shall be avoided:
(A) three years ago to participate in procurement activities with suppliers of Labor Relations;
(B) prior to participating in procurement activities as a supplier of directors, supervisors and three years;
(C) three years ago to participate in procurement activities suppliers controlling shareholder or actual controller;
(Iv) the legal representative of the supplier or the person in charge are husband and wife, lineal descent, collateral consanguinity within three generations or close affinity;
(V) any other activity that may affect government procurement fair and impartial manner of relationships with suppliers.
Suppliers consider the procurement personnel and other related personnel and suppliers interested, may in writing to the purchaser or procurement agency for withdrawal, and explain the reasons. The procuring entity or agency shall promptly ask the challenged persons, interested persons to apply for withdrawal should be avoided.
Article 10 The State practices a unified government procurement electronic trading platform construction standards, promote the use of information network electronic government procurement activities.
Chapter II Government procurement parties
Article XI procurement in government procurement activities should safeguard national interests and public interests, fair and honest, honest and trustworthy, implementation of government procurement policies, the establishment of the internal management system of government procurement, austerity, and rationally defined procurement needs.
Buyer shall not ask for or accept its suppliers to give gifts, kickbacks or other commodities and procurement unrelated services.
Article XII of the government procurement law alleged procurement agency, the procurement agency means other than the centralized procurement agency and centralized procurement agencies.
Centralized procurement organization is divided into districts and municipal people's government above the legally established non-profit business corporation, the proxy centralized procurement project executing agency. Centralized procurement agencies should be developed according to purchasing commissioned embodiments centralized procurement projects, a clear procurement procedures, government procurement organizations shall not be transferred centralized procurement project commissioned. Centralized procurement agency procurement agencies outside, is engaged in the business of purchasing agent of social intermediary organizations.
Article XIII procurement agencies should establish a sound government procurement, internal supervision and management system, with the conditions and facilities required to carry out the assessment of government procurement.
Procurement agency shall determine the increase of procurement requirements, preparation of tender documents, negotiating documents, a notice of inquiry, the elaboration of the contract text and optimizing the procurement procedures of professional service level, according to purchasing commissioned timely procurement organization within the stipulated time and winning or turnover supplier government procurement contracts signed, timely assistance to the purchaser purchases for acceptance.
Article XIV procurement agency shall obtain the government procurement agency business by unfair means, not with purchasing, suppliers malicious collusion to manipulate the government procurement activities.
Procurement agency staff member shall accept dinner purchaser or vendor organizations, tourism, entertainment, may not accept gifts, cash, securities, etc., shall not be reimbursed costs should be borne by the individual to the purchaser or supplier.
Article XV procuring agency shall, in accordance with government procurement policies, procurement budget, the preparation of the procurement requirements of the procurement documents.
Procurement requirements shall comply with laws and regulations, technology, service and safety requirements of government procurement policies as well. Public services provided by government to the public, it shall determine the procurement requirements to solicit public opinion. Apart from the technical complexity or special nature, can not determine the specific requirements or detailed specifications, procurement requirements shall be complete and clear. When necessary, it shall determine the purchase demand solicit vendors, expert advice.
Article XVI of the Government Procurement Law Article XX of the agency agreement, the agent should be clear procurement scope, authority and duration of specific matters.
Purchasing and procurement agencies should fulfill their obligations in accordance with the agency agreement, the procurement agency shall not exceed the proxy rights.
Article XVII in government procurement supplier shall meet the provisions of the Government Procurement Law Article 22 first paragraph, the following documents:
(A) a legal person or other organization, business license and other documents, identity certificates of natural persons;
(Ii) financial status reports and pay taxes related material and social security funds in accordance with law;
(3) It has equipment to perform the contract and technical expertise necessary proof material;
(Iv) participate in government procurement activities before three years in major illegal business activities recorded in the written statement;
(E) have legal, administrative regulations and other conditions of proof.
Procurement projects with special requirements, the supplier should also provide proof of their compliance with the special requirements of the material or information note.
Article XVIII unit headed by the same person or a direct holding, managing the relationship between different suppliers, shall not participate in government procurement activities under the same contract.
In addition to the single-source procurement projects, providing for the purchase of the overall project design, preparation of specification vendor or project management, supervision, testing and other services, procurement shall not participate in other activities of the procurement project.
Article 19 Government Procurement Law Article 22 first paragraph fifth alleged major violations recorded refers to suppliers due to illegal operations have been ordered to cease criminal penalties or revocation of licenses or license, the larger the amount of fines Administrative penalties.
Suppliers participate in government procurement activities prior to three years due to illegal business is prohibited from participating in government procurement activities within a certain period, the expiry of the time limit, you can participate in government procurement activities.
Article XX procuring entity or agency of the following circumstances, belonging to the unreasonable conditions the differential treatment of suppliers or discriminatory treatment:
(A) the same procurement project provide differentiated information on the project to the supplier;
Specific characteristics (b) set qualifications, technology, procurement and business conditions and the actual performance of the contract need not meet or nothing to do with;
(C) procurement requirements in technology, services and other requirements point to a specific vendor, product-specific;
(Iv) the performance of specific administrative regions or specific industries, plus awards as conditions or bid, closing conditions;
(E) suppliers to take a different qualification or evaluation criteria;
(Vi) limited or specify a particular patent, trademark, brand or supplier;
(Vii) limited ownership of illegal vendors, forms of organization or location;
(Viii) other unreasonable conditions to restrict or exclude potential suppliers.
Article a procuring entity or agency of the pre-qualification of suppliers, the prequalification notice shall specify in the financial department of the provincial people's government media release. It has been prequalification, evaluation stage can no longer supplier qualification review. Pre-qualified suppliers change in the evaluation phase of qualification, it shall notify the purchaser and procurement agency.
Prequalification announcement shall include the name of the project procurement and procurement, procurement requirements, supplier qualification requirements and the time and location of suppliers to submit pre-qualification documents. Submit pre-qualification documents of the time from the date of announcement of not less than five working days.
Article 22 of the Commonwealth have similar qualified suppliers bear the same division of work according to the Commonwealth, shall be determined in accordance with the level of qualification lower level of qualification of suppliers.
Form of consortium to participate in government procurement activities, the consortium shall not participate alone or in combination with other vendors in addition to form a consortium to participate in government procurement activities under the same contract.
Chapter III of Government Procurement
Article 23 The purchaser procurement bidding more than the standard amount of goods or services, in line with the Government Procurement Law Article 29, Article 30, Article 31, Article 32 situation or the need to perform Government procurement policies and other special circumstances, approved by the municipal people's government above the financial sector districts can legally use public procurement method other than tendering.
Article 24 included in the centralized procurement catalog project, suitable for the implementation of centralized bulk purchasing, centralized purchasing bulk should be introduced, with the exception of emergency micro-projects scattered cargo and special requirements of service projects.
Article 25 The government procurement law does not project tender, the procurement should be in accordance with the provisions of the Government Procurement Law and the Regulations competitive negotiation or single-source procurement.
Article 26 Government Procurement Law Article 30 of the cases specified in the third, the purchaser shall be or not due to unforeseeable delays caused by the purchaser; fourth predetermined circumstances, is the result of purchasing artwork or because patents, know-how or the time because of the service, the number can not be determined in advance as a result can not be determined in advance of the total price.
Article 27 of the Government Procurement Law Article 31 provides that the situation is the result of the use of goods or services can not be replaced patented, proprietary technology, public services or have special requirements, can only result from a specific vendor procurement.
Article 28 in the fiscal year, the purchaser will be the same under a budget line items or categories of goods, services, other than by way of open tender procurement times, the cumulative amount of funds over the standard public bidding amount, which belongs to rounding zero ways to circumvent public bidding, project or budget adjustments approved by way of exception other than public bidding.
Chapter IV Government procurement procedures
Article 29 The purchaser shall in accordance with the centralized procurement catalog, procurement limits and has been approved departmental budgeting in government procurement implementation plan submitted to the people's government finance department.
Article 30 Where the procuring entity or agency shall open procurement budget in the tender documents, negotiating documents, inquiry notice.
Article 31 deadline to provide the tender documents from the date of tender documents issued from no less than five working days.
The procuring entity or agency may tender documents already issued the necessary clarifications or modifications. Content clarifications or modifications that may affect the preparation of bidding documents, the procuring entity or agency shall in the 15th least tender deadline, notify all tender documents potential bidders in writing; less than 15 days, the purchaser or the procurement agent institutions should postpone the deadline for submission of tender documents.
Standard Bidding Documents text of Article 32 the procuring entity or agency should be established in accordance with the financial department of the State Council prepared the tender documents.
The tender documents shall include procurement business conditions, procurement requirements, the qualifications of bidders, the tender offer requirements, evaluation methods, evaluation criteria and contracts to be signed and the like.
Article 33 The tender documents require bidders to submit bid bond, bid bond shall not exceed 2% of the procurement budget. The bid bond shall be made by check, money order form of non-cash, cashier's check or financial institutions, guarantee agencies issued letter of guarantee submitted. Bidder fails to submit the bid bond tender documentation requirements, the tender invalid.
The procuring entity or agency shall give notice of the date of the bid within five working days of the successful supplier is not refundable bid deposit returned within five working days of successful supplier bid bond from the date of signing of the procurement contract from the government.
Competitive negotiation procurement inquiry or asked to participate in the negotiations or the inquiry submitted by suppliers margin, before referring to the implementation of the provisions of the two.
Article 34 Government procurement tender evaluation methods into the lowest evaluated bid price and overall score.
The lowest evaluated bid price, refers to the bid documents meet all the substantive requirements of the tender documents and the lowest bid price suppliers evaluation method successful candidates. Integrated scoring, refers to all the bid documents meet the substantive requirements of the tender documents and in accordance with quantitative indicators ACCREDITATION factor of the highest scores for the supplier evaluation method of winning candidates.
Technology and service uniform standard of goods and services, should adopt the lowest evaluated bid price.
Integrated score, evaluation criteria should correspond to the value set quantitative targets evaluation factors.
Evaluation criteria not specified in the tender documents can not be used as a basis for the assessment.
Article 35 can not complete the negotiation documents clearly specify procurement requirements, the need to provide the final design or solution by the supplier, after the talks, the negotiating team should be recommended according to the principle of majority vote of three or more suppliers design or solutions, and requesting them to submit final offer within the specified time.
Article 36 notice of inquiry shall be determined according to the terms of a government procurement contract procurement requirements. In the course of the inquiry, the inquiry team shall not change the terms of the contract notice of inquiry for government procurement determined.
Article 37 of the Government Procurement Law Article 38 fifth, Article 40 of the Fourth term quality, service, refers to the quality of products and service providers can meet the substantive provisions of the procurement documentation Claim.
Article 38 The amount of public bidding to reach compliant, the Government Procurement Law Article 31, Article 40, can only be procured from a sole supplier, the purchaser shall be the sole procurement information and vendor name in the province media publicity on the specified level people's governments above the financial sector, public notice period of not less than five working days.
Except as provided in Article 39 of the financial department of the State Council, the procuring entity or agency shall randomly evaluation experts from government procurement assessment expert database.
Article 40 The government procurement evaluation experts shall comply with the assessment work discipline, shall not disclose document review, evaluation and review of the case was informed of trade secrets.
The bid evaluation committee, the inquiry team or competitive negotiation team discovered during the evaluation process suppliers offering bribes, collusion and other illegal material, or false, it shall promptly report to the finance department.
Government procurement evaluation experts subjected to unlawful interference in the review process, it should be promptly reported to the Finance and supervision departments.
Article 41 The bid evaluation committee, the inquiry team or competitive negotiation team members should follow objective, fair and prudent principle, according to the procurement documentation review process, evaluation methods and evaluation criteria for independent review. Procurement file contents in violation of the mandatory provisions of the country, the bid evaluation committee, or competitive negotiation team to review the inquiry team should stop procuring entity or agency to explain the situation.
The bid evaluation committee, the inquiry team or competitive negotiation team members should review the report on the signature, bear the legal responsibility for their review comments. Objection to the assessment report, it shall sign the evaluation report different opinions, and explain the reasons, or as agreed to review the report.
Article 42 The procuring agency may to the bid evaluation committee, group or competitive negotiation expert assessment inquiry team as tendentious, misleading explanation or description.
Article 43 procurement agency shall review since the end of two working days from the assessment report will be sent to the purchaser. The purchaser shall from the date of receipt of the assessment report within five working days in the evaluation report recommended bid or auction in order to determine the successful candidates or the successful supplier.
Purchaser or procurement agency shall bid, the date of two working days, issue a bid, auction notice, and in the financial department of the provincial people's government designated media announcement auction bid supplier OK, auction, bidding file, competitive negotiation documents, a notice of inquiry with the bid, auction announcement simultaneously.
Bid, auction announcement shall include the name of the purchaser and procurement agency, address, contact information, project name and project number, the successful auction or supplier name, address and bid or turnover, the main subject of the bid or auction name, specifications, quantity, price, service requirements, and review the list of experts.
Article 44 In addition to the case of the financial department of the State Council, the procuring agency may re-accreditation organization for any reason. Procuring agencies in accordance with the provisions of the financial department of the State Council organized reassessment should be a written report to the people's government financial departments.
Purchaser or procurement agency shall not pass through the sample for testing, inspection and other suppliers of the way to change the assessment results.
Article 45 of the procuring entity or agency shall in accordance with technical, service and safety standards bodies of government procurement contracts for acceptance vendor performance, and issue the certificate of acceptance. Acceptance shall include each technology, service and safety standards compliance.
Public services provided by government to the public, acceptance should be invited to participate in the service object and issue opinions, inspection results should be known to the public.
Article 46 Government Procurement Law Article 42 of the procurement documents, the files can be kept in an electronic way.
Chapter V Government Procurement Contract
Article 47 The financial department of the State Council shall, jointly with relevant departments under the State Council government procurement contracts standard text.
Article 48 The purchase or transaction documents require the winning vendors to submit a performance bond, the supplier shall submit a non-cash form of a check, money order, cashier's check or financial institutions, guarantee agencies issued letter of guarantee. The amount of the performance bond shall not exceed 10% of the amount of government procurement contracts.
Article 49 bid or auction suppliers refused to sign a contract with the purchaser, the purchaser may be recommended by the bid evaluation report or sort the list of candidates transaction, determine the next candidate for winning or supplier transactions to be carried out again government procurement activities.
Article 50 The purchaser shall from the date of signing of the government procurement contract two working days from the announcement on government procurement contracts in the financial department of the provincial people's government designated the media, but the government procurement contracts involving state secrets, commercial secrets except content.
Article 51 The purchaser shall be in accordance with the provisions of government procurement contracts, timely payment of funds to purchase bid or the successful supplier.
Government procurement funds to pay for the program, in accordance with the implementation provisions of the State for the financial management of the funds to pay.
Chapter VI Query and Complaint
Article 52 The purchaser or procurement agency within three working days to respond to inquiries made by the supplier in accordance with law.
The suppliers of inquiry or questioning beyond the purchaser procurement agency entrusted mandate, the procuring agency shall notify the suppliers to the purchaser.
Government procurement evaluation experts shall cooperate with the procuring entity or agency responses supplier inquiries and questions.
Article 53 The supplier shall know the date of the injury interests of the Government Procurement Law Article 52 refers to:
(A) to be able to challenge the proposed date of expiry of the procurement documents in question, as the date of receipt of the procurement documents or purchasing documents announcement deadline;
(Ii) questioned the procurement process for the end of each day aspects of procurement procedures;
(Iii) the bid or auction to challenge for the successful transaction or the expiry date of the results announcement period.
Article 54 inquiry or question matters that may affect the bid, auction, the purchaser shall suspend a contract already signed a contract, it shall suspend performance of the contract.
Article 55 vendors questioned the complaint should have a clear request and the necessary documents. Matters supplier shall not exceed the scope of the complaint has been questioned matters.
Article 56 The way financial departments dealing with the complaint in writing the review, when necessary, can be organized cross-examination or investigation.
Survey of the financial sector in accordance with the law of evidence, the complainant and the complaint relating to the parties should reflect the true situation, and provide relevant materials.
Article 57 The complainant fabricated facts, false material or evidence obtained by illegal means to make a complaint, the financial sector should be rejected.
After the financial sector receiving complaints, the complainant a written application to withdraw the complaint, the financial sector should be discontinued complaint handling procedures.
Article 58 The financial department dealing with the complaint, require inspection, testing, verification, and the need for experts complainant correction material, not counting the time required in the handling of complaints period.
The decision of the complaints made by the financial sector, the announcement should be specified in the provincial financial department of the people's government media.
Chapter VII Supervision and Inspection
Article 59 Government Procurement Law Article 63 of the alleged procurement standards for government procurement items, refer to project procurement budget is based on standard asset allocation and technical standards, service standards.
Article 60 In addition to the assessment of matters Government Procurement Law Article 66 provisions of the financial sector to the centralized procurement institutions assessment matters further comprising:
(A) the implementation of government procurement policies;
(B) the level of the procurement documentation;
Implementation (iii) procurement methods and procurement procedures;
(D) inquiry, questioning replies;
(V) construction and implementation of internal supervision and management system;
Other matters (f) above the provincial finance department under the people's government.
The financial sector assessment program should be developed regularly centralized purchasing agency for examination, examination results have important information, it shall report to the people's government.
Article 61 procurement procurement agency has found violations, corrections shall be required. Procurement agency refuses to correct, the purchaser shall report to the financial department of the people's government, the financial sector should be handled according to law.
Procurement agency procurement requirements of the purchaser found the presence of unreasonable conditions for the differential treatment of suppliers, or other discriminatory treatment does not comply with laws, regulations and government procurement policies contents, or find people purchasing other illegal acts, it should be recommended correct. The purchaser refuses to correct, the procurement agency shall report to the purchaser of the people's government finance department, financial department shall deal with according to law.
Article 62 of the provincial people's government financial departments should implement dynamic management of government procurement evaluation experts, specific management measures formulated by the financial department of the State Council.
The procuring entity or agency shall be recorded on the fulfillment of evaluation experts in government procurement activities, responsibilities, and to report to the finance department.
Article 63 The people's governments at all levels and relevant departments should strengthen the other to participate in government procurement activities suppliers, the procurement agency, expert assessment of the supervision and management shall be recorded for its bad behavior, and credit information into a unified platform .
Article 64 The people's governments at all levels to carry out supervision and inspection of government procurement activities, the right to access and copy the relevant documents and information, the relevant units and personnel shall cooperate.
Article 65 Audit institutions, supervisory bodies and other relevant departments legally supervise government procurement activities, procurement parties found to have violated the law, it shall promptly inform the financial sector.
Chapter VIII Legal Liability
Article 66 Government Procurement Law Article 71 of the fine in the amount of 100,000 yuan.
Fine of Government Procurement Law Article 72 in the amount of $ 50,000 but not more than 250,000 yuan.
Article 67 The purchaser of the following circumstances by the finance department shall order rectification and give a warning, in charge and other directly responsible personnel directly responsible shall be punished, and to be informed:
(A) has not prepared an implementation plan in accordance with government procurement regulations or not in accordance with the provisions of the Government Procurement Implementation Plan reported to the finance department of the People's Government for the record;
(B) the project should be open tender piecemeal or in any other way to avoid the public bidding;
(Iii) Failure to bid evaluation committee, group or competitive negotiation inquiry team recommended bid or auction to determine the winning candidate or supplier transactions in accordance with the provisions;
(4) failing to government procurement contracts signed in accordance with the matters identified in the procurement documents;
(E) government procurement contracts to perform the same as the subject of additional contracts with goods, construction or services procurement value exceeds the amount of 10% of the original contract;
(Vi) alter, suspend or terminate the government procurement contracts;
(Vii) not in accordance with the announcement of government procurement contracts;
(Viii) not in accordance with the specified time newspaper government procurement contracts deputy to the people's government financial departments and relevant departments for the record.
Article 68 of the procuring agency of the following circumstances, in accordance with the Government Procurement Law Article 71, Article 78 of the provisions of legal liability:
(A) procurement is not implemented in the manner specified in the Government Procurement Law and these Regulations;
(B) not legally publish information on government procurement projects designated media;
(C) Not in accordance with the implementation of government procurement policies;
(D) violates the provisions of Article 15 of the organization can not lead to acceptance of vendor performance or state property losses;
(V) not legally extracted evaluation experts from government procurement assessment expert database;
(Vi) the procurement of unlawful interference assessment activities;
(Vii) When using composite score in the evaluation criteria set score not correspond quantitative indicators evaluation factors;
(Viii) the supplier inquiry, questioned overdue for processing;
(Ix) by sample testing, inspection and other suppliers of the way to change the assessment results;
(X) is not in accordance with the organization of vendor performance acceptance.
Article 69 The institutions for centralized procurement of the following circumstances by the finance department shall order rectification and give a warning, illegal income, confiscation of illegal income, charge and other directly responsible personnel directly responsible shall be punished and to be informed:
(A) internal supervision and management system is not perfect, of which shall be divided into separate jobs, not people divided, separated;
(B) the centralized procurement projects entrusted to other procurement agency procurement;
(Iii) engage in profit-making activities.
Article 70 procurement personnel and suppliers interested not evade the law, given by the finance department warning, impose a fine of 2,000 yuan to 20,000 yuan.
Article 71 has the Government Procurement Law Article 71, Article 72 of the unlawful practices affect or may affect the bid, auction results, in accordance with the following provisions:
(A) determined bid or auction suppliers, terminate this government procurement activities, relaunching government procurement activities.
(Ii) has determined that the bid or the successful supplier but has not yet signed a government procurement contract, bid or auction invalid, or from a qualified bid auction to determine the winning candidate in a separate transaction or supplier; no qualified bid or auction candidates , relaunching government procurement activities.
(C) government procurement contracts have been signed but not implemented, the revocation of the contract, or from a qualified bid auction to determine the winning candidate in a separate transaction or supplier; no qualified candidate winning or transaction, relaunching government procurement activities.
(Iv) Government procurement contracts have been fulfilled, to purchasing, suppliers of losses, liability by the responsible person.
Government procurement parties other acts in violation of the Government Procurement Law or the provisions of this Ordinance behavior, after correction still affect or may affect the bid, auction or law has been identified as the successful bidder, the transaction invalid, in accordance with the preceding provisions.
Article 72 The suppliers of the following circumstances, be held liable in accordance with the provisions of the Government Procurement Law Article 77 first paragraph:
(A) the bid evaluation committee, the members of the inquiry team or competitive negotiation team bribes or other improper benefits provided;
(Ii) after closing bid or unjustified refusal to sign a procurement government procurement contracts;
(C) No government procurement contracts signed in accordance with the matters identified in the procurement documents;
(Iv) government procurement subcontract;
(V) provide fake and shoddy products;
(Vi) alter, suspend or terminate the government procurement contracts.
Suppliers that commits Article 40, the bid winners invalid. Review stage qualification changes, supplier fails to notify the purchaser and procurement agency in accordance with the provisions of Article 21 of this Law, punishable by a fine of 5 ‰ of the purchase amount, included in the record of bad behavior list, bid, auction invalid.
Article 73 Supplier fabrication of facts or providing false evidence obtained by illegal means conduct complaints by the financial department records included in the list of bad behavior, prohibit 1-3 years to participate in government procurement activities.
Article 74 of the following circumstances, which belongs to malicious collusion, suppliers held liable in accordance with the first paragraph of Article 77 of the Government Procurement Law of procuring agencies and their staff in accordance with the government Article 72 of the provisions of the procurement law legal liability:
(A) the supplier directly or indirectly, other suppliers in the relevant circumstances from the purchaser or procurement agency at and modify its bid documents or response documents;
(B) according to the supplier instructed the procuring entity or agency to replace, modify the bid documents or response documents;
Quote consultation, technical solutions and other bid documents or in response to the substantive content of the document between the (three) suppliers;
(Iv) members belonging to the same group, associations, chambers of commerce and other suppliers in accordance with the requirements of the organization co-participate in government procurement activities;
(V) prior agreement between the supplier bid information from a particular vendor, transaction;
Agreed between (vi) Supplier part suppliers give up or give in government procurement bid winners;
(Vii) between the supplier and the purchaser or procurement agency, suppliers to each other, to seek a particular vendor bid, auction or exclusion of other collusive behavior by other suppliers.
Article 75 The government procurement evaluation experts did not follow the procurement documentation review process, evaluation methods and evaluation criteria independent evaluation or assessment leaked documents, review the situation by the financial sector to give a warning and impose more than 2,000 yuan 20,000 yuan fines; affects the bidding, auction results, 20,000 yuan more than 50,000 yuan to prohibit their participation in government procurement assessment activities.