People’s Republic of China (PRC) government procurement law
On August 31, 2014, the 10th meeting of the 12th the NPC Standing Committee adopted the following amendments to the Government Procurement Law of People’s Republic of China (PRC):
(a) in the first paragraph of article nineteenth, "qualified by the relevant departments of the State Council or the relevant departments of the provincial people’s government" is amended as "outside the centralized procurement institution".
(two) by deleting the third paragraph of article seventy-first.
(three) the "cancellation of its qualification for relevant business according to law" in Article 78 is amended as "prohibiting it from acting as an agent for government procurement business within one to three years".
Attachment: Revised Government Procurement Law of People’s Republic of China (PRC);
order of the president of the people’s republic of china
No.68
The Government Procurement Law of People’s Republic of China (PRC) was adopted by the 28th meeting of the 9th the NPC Standing Committee in People’s Republic of China (PRC) on June 29th, 2002, and is hereby promulgated and shall come into force as of January 1st, 2003.
Jiang Zemin, President of People’s Republic of China (PRC)
June 29, 2002
People’s Republic of China (PRC) government procurement law
Adopted at the 28th meeting of the 9th the NPC Standing Committee on June 29th, 2002.
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of regulating government procurement, improving the efficiency in the use of government procurement funds, safeguarding national interests and social public interests, protecting the legitimate rights and interests of parties involved in government procurement, and promoting the building of a clean government.
Article 2 This Law shall apply to government procurement within the territory of People’s Republic of China (PRC).
The term "government procurement" as mentioned in this Law refers to the use of financial funds by state organs, institutions and organizations at all levels to purchase goods, projects and services within the centralized procurement catalogue formulated according to law or above the procurement quota standard.
The catalogue of centralized government procurement and the standard of procurement quota shall be formulated in accordance with the authority prescribed in this Law.
The term "procurement" as mentioned in this Law refers to the behavior of obtaining goods, projects and services for compensation by contract, including purchase, lease, entrustment and employment.
"Goods" as mentioned in this Law refers to articles in various forms and types, including raw materials, fuels, equipment and products.
The term "project" as mentioned in this Law refers to construction projects, including new construction, reconstruction, expansion, decoration, demolition and repair of buildings and structures.
The term "services" as mentioned in this Law refers to other government procurement objects except goods and projects.
Article 3 Government procurement shall follow the principles of openness and transparency, fair competition, impartiality and good faith.
Article 4 Where government procurement projects are subject to bidding, the bidding law shall apply.
Article 5 No unit or individual may, in any way, obstruct or restrict suppliers’ free access to the government procurement market in their own regions and industries.
Article 6 Government procurement shall be carried out in strict accordance with the approved budget.
Article 7 Government procurement shall combine centralized procurement with decentralized procurement. The scope of centralized procurement is determined by the centralized procurement catalogue published by the people’s governments at or above the provincial level.
The centralized procurement catalogue of government procurement projects under the central budget is determined and published by the State Council; The centralized procurement catalogue of government procurement projects belonging to local budgets shall be determined and published by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government or their authorized institutions.
Government procurement projects included in the centralized procurement catalogue shall be subject to centralized procurement.
Eighth government procurement quota standards, belonging to the central budget of government procurement projects, determined and promulgated by the State Council; Government procurement projects belonging to local budgets shall be determined and announced by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government or their authorized institutions.
Article 9 Government procurement should help to achieve the national economic and social development policy objectives, including protecting the environment, supporting underdeveloped areas and ethnic minority areas, and promoting the development of small and medium-sized enterprises.
Tenth government procurement should purchase domestic goods, projects and services. Except for one of the following circumstances:
(a) the goods, projects or services to be purchased cannot be obtained within the territory of China or cannot be obtained on reasonable commercial terms;
(2) Purchasing for use outside China;
(3) Other laws and administrative regulations provide otherwise.
The definition of domestic goods, projects and services mentioned in the preceding paragraph shall be implemented in accordance with the relevant provisions of the State Council.
Eleventh government procurement information should be released to the public in a timely manner in the media designated by the government procurement supervision and management department, except those involving commercial secrets.
Twelfth in government procurement activities, procurement personnel and related personnel have an interest in suppliers, must be avoided. Suppliers may apply for withdrawal if they think that the procurement personnel and related personnel have interests with other suppliers.
The relevant personnel mentioned in the preceding paragraph include the members of the bid evaluation committee in bidding procurement, the members of the negotiation team in competitive negotiation procurement, and the members of the inquiry team in inquiry procurement.
Thirteenth financial departments of the people’s governments at all levels are responsible for the supervision and management of government procurement, and perform their duties of supervision and management of government procurement activities according to law.
Other relevant departments of the people’s governments at all levels shall perform supervision and management duties related to government procurement activities according to law.
Chapter II Parties to Government Procurement
Article 14 The parties to government procurement refer to all kinds of subjects who enjoy rights and assume obligations in government procurement activities, including purchasers, suppliers and procurement agencies.
Fifteenth purchasers refer to state organs, institutions and organizations that conduct government procurement according to law.
Article 16 The centralized procurement agency is a procurement agency. The people’s governments at or above the level of cities and autonomous prefectures with districts shall set up centralized procurement institutions according to the needs of organizing centralized procurement of government procurement projects at the corresponding level.
Centralized procurement institutions are non-profit legal persons, and handle procurement matters according to the entrustment of purchasers.
Seventeenth centralized procurement institutions to carry out government procurement activities, should meet the requirements of the purchase price is lower than the average market price, higher procurement efficiency, excellent procurement quality and good service.
Eighteenth purchasers of government procurement projects included in the centralized procurement catalogue must entrust centralized procurement agencies to purchase; Government procurement projects that are not included in the centralized procurement catalogue can be purchased by themselves, or they can entrust centralized procurement institutions to purchase on their behalf within the scope entrusted.
If it is included in the centralized procurement catalogue and belongs to the general government procurement project, it shall entrust a centralized procurement agency to purchase it; Projects that belong to this department and have special requirements in this system shall be subject to centralized procurement by departments; Belonging to the project with special requirements of the unit,
Approved by the people’s governments at or above the provincial level, they can purchase on their own.
Article 19 A purchaser may entrust a procurement agency other than a centralized procurement agency to handle government procurement matters within the scope of entrustment.
The purchaser has the right to choose the procurement agency by himself, and no unit or individual may designate the procurement agency for the purchaser in any way.
Article 20 Where a purchaser entrusts a procurement agency to handle procurement matters according to law, the purchaser shall sign an entrustment agreement with the procurement agency to determine the entrusted matters according to law and stipulate the rights and obligations of both parties.
Article 21 A supplier is a legal person, other organization or natural person who provides goods, projects or services to the purchaser.
Twenty-second suppliers to participate in government procurement activities shall meet the following conditions:
(1) Having the ability to bear civil liability independently;
(2) Having a good business reputation and a sound financial accounting system;
(3) Having the necessary equipment and professional technical ability to perform the contract;
(4) Having a good record of paying taxes and social security funds according to law;
(five) in the three years before participating in government procurement activities, there is no major illegal record in business activities;
(6) Other conditions stipulated by laws and administrative regulations.
The purchaser may, according to the special requirements of the procurement project, stipulate the specific conditions of the supplier, but shall not discriminate or discriminate against the supplier under unreasonable conditions.
Article 23 A purchaser may require suppliers participating in government procurement to provide relevant qualification certificates and performance information, and examine the qualifications of suppliers according to the supplier conditions stipulated in this Law and the specific requirements of procurement projects for suppliers.
Twenty-fourth more than two natural persons, legal persons or other organizations can form a consortium to participate in government procurement as a supplier.
Where government procurement is conducted in the form of a consortium, all suppliers participating in the consortium shall meet the conditions stipulated in Article 22 of this Law, and shall submit a joint agreement to the purchaser, stating the work and obligations undertaken by all parties to the consortium. The parties to the consortium shall jointly sign a procurement contract with the purchaser and bear joint and several liabilities to the purchaser for the matters stipulated in the procurement contract.
Twenty-fifth parties to government procurement shall not collude with each other to harm the national interests, social public interests and the legitimate rights and interests of other parties; Other suppliers shall not be excluded from competition by any means.
The supplier shall not bribe the purchaser, the procurement agency, the members of the bid evaluation committee, the members of the competitive negotiation team and the members of the inquiry team, or take other improper means to win the bid or clinch a deal.
A procurement agency shall not seek illegal interests by bribing the purchaser or by other improper means.
Chapter III Methods of Government Procurement
Twenty-sixth government procurement adopts the following methods:
(a) public bidding;
(2) Inviting tenders;
(3) Competitive negotiation;
(4) Single-source procurement;
(5) Inquiry;
(six) other procurement methods identified by the procurement supervision and management department of the State Council Municipal Government.
Public bidding should be the main procurement method of government procurement.
Twenty-seventh procurement of goods or services should be open tender, the specific amount of the standard, which belongs to the central budget of government procurement projects, by the the State Council; Government procurement projects belonging to local budgets shall be stipulated by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government; If it is necessary to adopt procurement methods other than public bidding due to special circumstances, it shall obtain the approval of the procurement supervision and administration department of the people’s government at or above the city or autonomous prefecture with districts before the start of procurement activities.
Article 28 A purchaser shall not break up the goods or services that should be purchased by public bidding or evade public bidding in any other way.
Article 29 Goods or services that meet any of the following circumstances may be purchased by inviting tenders in accordance with this Law:
(1) It is special and can only be purchased from a limited range of suppliers;
(two) the cost of public bidding accounts for a large proportion of the total value of government procurement projects.
Article 30 Goods or services that meet any of the following circumstances may be purchased by competitive negotiation in accordance with this Law:
(a) after the tender, there is no supplier to bid, or there is no qualified target, or the new tender cannot be established;
(two) the technology is complex or special, and it is impossible to determine the detailed specifications or specific requirements;
(three) the time required for bidding can not meet the urgent needs of users;
(four) the total price can not be calculated in advance.
Article 31 Goods or services that meet any of the following circumstances may be purchased by single source in accordance with this Law:
(a) can only be purchased from a sole supplier;
(2) Unable to purchase from other suppliers due to unforeseen emergencies;
(3) It is necessary to ensure the consistency of the original procurement items or the requirements of supporting services, and it is necessary to continue to purchase from the original suppliers, and the total amount of additional funds does not exceed 10% of the original contract purchase amount.
Article 32 Government procurement projects with uniform goods specifications and standards, sufficient spot supply and small price changes may be purchased by inquiry in accordance with this Law.
Chapter IV Government Procurement Procedures
Thirty-third departments responsible for the preparation of departmental budgets shall, when preparing departmental budgets for the next fiscal year, list the projects and capital budgets of government procurement in this fiscal year and report them to the financial department at the same level for summary. The examination and approval of departmental budgets shall be conducted according to the budget management authority and procedures.
Article 34 Where goods or services are purchased by inviting public bidding, the purchaser shall select more than three suppliers from the suppliers who meet the corresponding qualification conditions by random method, and issue an invitation to bid to them.
Article 35 Where goods and services are purchased by tender, it shall not be less than 20 days from the date when the tender documents are issued to the deadline when the bidders submit their tender documents.
Thirty-sixth in the bidding, one of the following circumstances, should be abolished:
(1) There are less than three suppliers who meet the professional requirements or make substantial responses to the bidding documents;
(two) there are violations of laws and regulations that affect the procurement justice;
(three) the bidders’ quotations all exceed the procurement budget, and the purchaser cannot pay;
(four) due to major changes, the procurement task is cancelled.
After the bid is cancelled, the purchaser shall notify all bidders of the reasons for the cancellation.
Thirty-seventh after the cancellation of the tender, except for the cancellation of the procurement task, the tender should be re-organized; If it is necessary to adopt other procurement methods, it shall be approved by the procurement supervision and administration department of the people’s government at or above the city or autonomous prefecture with districts or the relevant government departments before the start of procurement activities.
Thirty-eighth procurement by competitive negotiation shall follow the following procedures:
(a) the establishment of a negotiating team. The negotiating team consists of representatives of the purchaser and relevant experts in an odd number of more than three, of which the number of experts shall not be less than two thirds of the total number of members.
(2) Formulating negotiation documents. The negotiation documents shall specify the negotiation procedures, contents, terms of the draft contract and the criteria for evaluating the transaction.
(three) to determine the list of suppliers invited to participate in the negotiations. The negotiating team shall determine at least three suppliers from the list of suppliers who meet the corresponding qualifications to participate in the negotiation and provide them with negotiation documents.
(4) negotiation. All members of the negotiating team concentrate on negotiating with a single supplier. During the negotiation, neither party shall disclose the technical data, prices and other information of other suppliers related to the negotiation. If there are substantial changes in the negotiation documents, the negotiating team shall notify all suppliers participating in the negotiation in writing.
(five) to determine the supplier. After the negotiation, the negotiating team shall require all the suppliers participating in the negotiation to make the final quotation within the specified time, and the purchaser shall determine the successful supplier from among the successful candidates proposed by the negotiating team according to the principle of meeting the procurement demand, equal quality and service and the lowest quotation, and notify all the unsuccessful suppliers participating in the negotiation of the results.
Article 39 In the case of single-source procurement, the purchaser and the supplier shall follow the principles stipulated in this Law and conduct the procurement on the basis of ensuring the quality of the purchased items and reasonable prices agreed by both parties.
Fortieth procurement by inquiry shall follow the following procedures:
(a) the establishment of inquiry team. The inquiry team consists of representatives of the purchaser and relevant experts in an odd number of more than three, of which the number of experts shall not be less than two thirds of the total number of members. The inquiry team shall stipulate the price composition of the procurement project and the criteria for evaluating the transaction.
(two) to determine the list of suppliers to be inquired. According to the purchase demand, the inquiry team determines at least three suppliers from the list of suppliers who meet the corresponding qualifications, and sends them an inquiry notice for quotation.
(3) Inquiry. The inquiry team requires the inquired supplier to quote a price that cannot be changed at one time.
(4) Determine the supplier of the transaction. The purchaser determines the clinched supplier according to the principle of meeting the purchasing demand, equal quality and service and lowest quotation, and informs all the suppliers who have not clinched the transaction after being inquired about the result.
Article 41 The purchaser or the procurement agency entrusted by him shall organize the acceptance of the supplier’s performance. Large-scale or complex government procurement projects shall invite quality inspection institutions recognized by the state to participate in the acceptance work. Members of the acceptance party shall sign the acceptance letter and bear corresponding legal responsibilities.
Forty-second purchasers and procurement agencies shall properly keep the procurement documents of each procurement activity of government procurement projects, and shall not forge, alter, conceal or destroy them. The storage period of procurement documents is at least fifteen years from the date of the end of procurement.
Procurement documents include records of procurement activities, procurement budget, bidding documents, bidding documents, bid evaluation standards, evaluation reports, calibration documents, contract texts, acceptance certificates, query replies, complaint handling decisions and other relevant documents and materials.
The record of procurement activities shall at least include the following contents:
(a) the category and name of the procurement project;
(2) The budget, capital composition and contract price of the procurement project;
(three) the procurement method, the procurement method other than public bidding, shall specify the reasons;
(4) Conditions and reasons for inviting and selecting suppliers;
(five) the evaluation criteria and the reasons for determining the winning bidder;
(six) the reasons for the abolition of the target;
(seven) the corresponding records of purchasing methods other than bidding.
Chapter V Government Procurement Contracts
Article 43 The contract law shall apply to government procurement contracts. The rights and obligations between the purchaser and the supplier shall be agreed by contract in accordance with the principle of equality and voluntariness.
A purchaser may entrust a procurement agency to sign government procurement contracts with suppliers on its behalf. Where a contract is signed by a procurement agency in the name of the purchaser, the power of attorney of the purchaser shall be submitted as an annex to the contract.
Article 44 A government procurement contract shall be in written form.
Forty-fifth the State Council municipal government procurement supervision and management department shall, in conjunction with the relevant departments of the State Council, stipulate the terms that the government procurement contract must have.
Article 46 The purchaser and the supplier who won the bid and clinched the deal shall, within 30 days from the date of issuance of the notice of winning the bid and clinched the deal, sign the government procurement contract according to the matters specified in the procurement documents.
The bid-winning and transaction notice has legal effect on both the purchaser and the bid-winning and transaction supplier. If, after the notice of bid winning and transaction is issued, the purchaser changes the result of bid winning and transaction, or if the supplier of bid winning and transaction abandons the project of bid winning and transaction, it shall bear legal liability according to law.
Article 47 Within seven working days from the date of signing the procurement contract for government procurement projects, the purchaser shall submit a copy of the contract to the government procurement supervision and management department and relevant departments at the same level for the record.
Forty-eighth with the consent of the purchaser, the successful bidder and the successful supplier may perform the contract by subcontracting according to law.
If the government procurement contract is subcontracted, the successful bidder and the successful bidder shall be responsible to the purchaser for the procurement project and the subcontracted project, and the subcontracted supplier shall be responsible for the subcontracted project.
Article 49 In the performance of a government procurement contract, if the purchaser needs to add the same goods, projects or services as the subject matter of the contract, he may negotiate with the supplier to sign a supplementary contract without changing other terms of the contract, but the purchase amount of all supplementary contracts shall not exceed 10% of the original contract purchase amount.
Article 50 The parties to a government procurement contract shall not alter, suspend or terminate the contract without authorization.
If the continued performance of the government procurement contract will harm the national interests and social public interests, both parties shall modify, suspend or terminate the contract. The party at fault shall be liable for compensation. If both parties are at fault, they shall bear corresponding responsibilities.
Chapter VI Queries and Complaints
Article 51 If a supplier has questions about government procurement activities, he may ask the purchaser, and the purchaser shall give a timely reply, but the contents of the reply shall not involve commercial secrets.
Article 52 If a supplier believes that his rights and interests have been harmed by the procurement documents, procurement process and the results of winning the bid and closing the transaction, he may, within seven working days from the date when he knows or should know that his rights and interests have been harmed, raise a written question to the purchaser.
Article 53 The purchaser shall give a reply within seven working days after receiving the written query from the supplier, and notify the questioned supplier and other relevant suppliers in writing, but the content of the reply shall not involve trade secrets.
Article 54 If the purchaser entrusts a procurement agency to purchase, the supplier may ask or question the procurement agency, and the procurement agency shall reply to the matters within the scope of the purchaser’s entrustment in accordance with the provisions of Articles 51 and 53 of this Law.
Article 55 If a supplier is dissatisfied with the reply of the purchaser or the procurement agency, or the purchaser or the procurement agency fails to make a reply within the specified time, he may complain to the procurement supervision and administration department of the government at the same level within 15 working days after the reply expires.
Fifty-sixth government procurement supervision and management departments shall, within thirty working days after receiving the complaint, make a decision on the handling of the complaint, and notify the complainant and the parties concerned in writing.
Fifty-seventh government procurement supervision and management departments in handling complaints, according to the specific circumstances, notify the purchaser in writing to suspend procurement activities, but the longest suspension period shall not exceed 30 days.
Article 58 If a complainant refuses to accept the decision of the government procurement supervision and administration department to handle the complaint or the government procurement supervision and administration department fails to handle it within the time limit, he may apply for administrative reconsideration or bring an administrative lawsuit to the people’s court according to law.
Chapter VII Supervision and Inspection
Fifty-ninth government procurement supervision and management departments should strengthen the supervision and inspection of government procurement activities and centralized procurement institutions.
The main contents of supervision and inspection are:
(a) the implementation of laws, administrative regulations and rules on government procurement;
(two) the scope of procurement, procurement methods and implementation of procurement procedures;
(three) the professional quality and professional skills of government procurement personnel.
Sixtieth government procurement supervision and management departments shall not set up centralized procurement institutions, and shall not participate in the procurement activities of government procurement projects.
There shall be no subordinate relationship or other interest relationship between the procurement agency and the administrative organ.
Article 61 A centralized procurement institution shall establish and improve its internal supervision and management system. The decision-making and execution procedures of procurement activities should be clear, and supervise and restrict each other. The responsibilities and authorities of the personnel handling procurement and those responsible for the examination and acceptance of procurement contracts shall be clear and separate from each other.
Article 62 The procurement personnel of centralized procurement institutions shall have relevant professional qualities and skills, and meet the requirements for professional posts as stipulated by the government procurement supervision and administration department.
Centralized procurement institutions should strengthen education and training for their staff; Regularly assess the professional level, work performance and professional ethics of procurement personnel. Procurement personnel who fail to pass the examination shall not continue to serve.
Article 63 The procurement standards for government procurement projects shall be made public.
Where the procurement method specified in this Law is adopted, the purchaser shall publish the procurement results after the procurement activities are completed.
Article 64 A purchaser must conduct procurement in accordance with the procurement methods and procedures stipulated in this Law.
No unit or individual may, in violation of the provisions of this law, require purchasers or procurement staff to purchase from suppliers designated by them.
Sixty-fifth government procurement supervision and management departments shall inspect the procurement activities of government procurement projects, and the parties to government procurement shall truthfully reflect the situation and provide relevant materials.
Article 66 The government procurement supervision and management department shall assess the purchase price, fund-saving effect, service quality, reputation status and whether there are any illegal acts of centralized procurement institutions, and regularly publish the assessment results truthfully.
Article 67 The relevant government departments responsible for administrative supervision of government procurement in accordance with the provisions of laws and administrative regulations shall strengthen supervision of government procurement activities in accordance with their division of responsibilities.
Article 68 Audit institutions shall supervise government procurement through auditing. The supervision and administration department of government procurement and the parties involved in government procurement shall accept the audit supervision of audit institutions.
Article 69 Supervisory organs shall strengthen supervision over state organs, state civil servants and other personnel appointed by state administrative organs who participate in government procurement activities.
Article 70 Any unit or individual shall have the right to accuse and expose illegal acts in government procurement activities, and relevant departments and organs shall promptly deal with them according to their respective functions and duties.
Chapter VIII Legal Liability
Article 71 If a purchaser or a procurement agency is under any of the following circumstances, it shall be ordered to make corrections within a time limit, given a warning, and may also be fined. The directly responsible person in charge and other directly responsible personnel shall be punished by the administrative department or the relevant authorities and notified:
(1) Purchasing by other means without authorization by means of public bidding;
(2) raising the procurement standards without authorization;
(3) Differentiating or discriminating against suppliers under unreasonable conditions;
(four) in the process of bidding and purchasing negotiations with bidders;
(5) Failing to sign a procurement contract with the supplier who won the bid or clinched the deal after the notice of winning the bid or clinched the deal is issued;
(six) refusing the relevant departments to carry out supervision and inspection according to law.
Article 72 If a purchaser, a procurement agency and its staff are under any of the following circumstances, which constitutes a crime, criminal responsibility shall be investigated according to law; If the case does not constitute a crime, it shall be fined, and if there are illegal gains, the illegal gains shall be confiscated. If it belongs to the staff of state organs, it shall be given administrative sanctions according to law:
(1) Malicious collusion with suppliers or procurement agencies;
(2) Accepting bribes or obtaining other illegitimate interests in the procurement process;
(three) providing false information in the supervision and inspection carried out by the relevant departments according to law;
(4) disclosing the pre-tender estimate before the bid opening.
Article 73 If one of the first two illegal acts affects or may affect the bid-winning and transaction results, it shall be dealt with separately according to the following circumstances:
(1) If the supplier who won the bid or clinched the deal is not determined, the procurement activities shall be terminated;
(2) If the supplier who won the bid and clinched the deal has been determined but the procurement contract has not been fulfilled, the contract shall be cancelled and the supplier who won the bid and clinched the deal shall be determined separately from the qualified candidates;
(3) If the procurement contract has been performed and losses are caused to the purchaser and supplier, the responsible person shall be liable for compensation.
Article 74 Where a purchaser fails to entrust a centralized procurement agency to carry out centralized procurement for government procurement projects that should be subject to centralized procurement, the government procurement supervision and administration department shall order it to make corrections; Refuses to correct, stop paying the funds according to the budget, and be punished by the superior administrative department or the relevant authorities according to law.
Article 75 If a purchaser fails to publish the procurement standards and procurement results of government procurement projects according to law, it shall be ordered to make corrections, and the directly responsible person in charge shall be punished according to law.
Article 76 Where a purchaser or procurement agency conceals or destroys the procurement documents that should be kept or forges or alters the procurement documents in violation of the provisions of this Law, the government procurement supervision and administration department shall impose a fine of not less than 20,000 yuan but not more than 100,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 77 In any of the following circumstances, a supplier shall be fined from 0.5% to 0.10% of the purchase amount, listed in the list of bad behavior records, and prohibited from participating in government procurement activities for one to three years. If there are illegal gains, the illegal gains shall be confiscated, and if the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) providing false materials for winning the bid and closing the deal;
(2) Defaming or crowding out other suppliers by improper means;
(3) Malicious collusion with purchasers, other suppliers or procurement agencies;
(4) Bribing bribes or providing other illegitimate interests to purchasers or procurement agencies;
(five) negotiation with the purchaser in the process of bidding and purchasing;
(six) refusing the supervision and inspection of the relevant departments or providing false information.
If the supplier is under any of the circumstances mentioned in Items (1) to (5) of the preceding paragraph, the bid winning and transaction is invalid.
Article 78 If a procurement agency commits illegal acts in acting as an agent for government procurement, it shall be fined in accordance with the relevant laws and regulations, and may be prohibited from acting as an agent for government procurement for one to three years. If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 79 If a party to government procurement commits one of the illegal acts in Articles 71, 72 and 77 of this Law, causing losses to others, he shall bear civil liability in accordance with the relevant civil laws.
Article 80 Any staff member of the government procurement supervision and administration department who abuses his power, neglects his duty or engages in malpractices for personal gain in violation of the provisions of this Law in the course of supervision and inspection shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 81 If the government procurement supervision and management department fails to deal with the supplier’s complaints within the time limit, it shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel.
Article 82 If the government procurement supervision and management department makes false statements in the performance evaluation of centralized procurement institutions, conceals the real situation, or fails to make regular evaluation and publish the evaluation results, it shall promptly correct it, and its superior organ or supervisory organ shall notify its responsible person, and the person directly responsible shall be given administrative sanctions according to law.
Centralized procurement institutions in the assessment of government procurement supervision and management departments, false performance, conceal the real situation, impose a fine of 20 thousand yuan to 200 thousand yuan, and shall be notified; If the circumstances are serious, it shall be disqualified from purchasing as an agent.
Eighty-third any unit or individual that obstructs or restricts suppliers from entering the government procurement market in their own region or industry shall be ordered to make corrections within a time limit; Refuses to correct, the unit or individual shall be punished by the superior administrative department or the relevant authorities.
Chapter IX Supplementary Provisions
Article 84 If the agreement reached between the lender and the fund provider and the Chinese side provides otherwise on the specific conditions of government procurement with loans from international organizations and foreign governments, such provisions may be applied, provided that the national interests and social public interests are not harmed.
Article 85 This Law is not applicable to urgent procurement due to serious natural disasters and other force majeure events and procurement involving national security and secrets.
Article 86 Military procurement laws and regulations shall be formulated separately by the Central Military Commission (CMC).
Article 87 The specific steps and measures for the implementation of this Law shall be formulated by the State Council.
Article 88 This Law shall come into force as of January 1, 2003.