446. Rules for Implementing the Regulations of Shenzhen Special Economic Zone on Government Procurement 深圳经济特区政府采购条例实施细则

发布时间:2017-12-08来源:市法制办字体:【 【内容纠错】

  Rules for Implementing the Regulations of Shenzhen Special Economic Zone on Government Procurement

  (adopted at the seventy-seventh meeting of the Standing Committee of the fifth Shenzhen Municipal People’s Congress on February , 2013 )

  Chapter One General Provisions

  Article 1 In order to implement the Regulations of Shenzhen Special Economic Zone on Government Procurement (hereinafter referred to as the Regulations of Procurement), these rules are formulated according to the actual circumstances of Shenzhen Special Economic Zone.

  Article 2 The platform of centralized government procurement is an operating platform where procurement project’s plan, undertaking, assignment, declaration as well as its organization, implementation, administration and supervision etc. are provided for the centralized procurement of the municipal and district government.

  With the entrustment of the municipal financial department (hereinafter referred to as the municipal competent department), the municipal centralized government procurement organ shall set up and manage a citywide platform of centralized government procurement. The municipal centralized government procurement organ shall set up and maintain a unified electronic transaction system of government procurement, set up a unified and standard service site of centralized government procurement, develop unified operating instructions and unified format text of government procurement, provide data information inquiry and project consultation of government procurement as well as other service.

  Article 3 The catalogue of centralized procurement includes generic-class goods, works and services as well as other procurement projects that implement pre-selection procurement system. The catalogue of centralized procurement shall be formulated according to the principles of basing on actual needs and gradually expanding scope.

  Article 4 The municipal competent department shall enact the standards of government procurement including the standards for furnishing administrative institution’s office equipment and technical specifications of procurement project, together with municipal centralized government procurement organ and relevant departments, according to national standards, industry standards and actual needs of procurement project. The standards of government procurement shall be put in force after being approved by the municipal government. The procurer shall not procure beyond standards or scope.

  Article 5 Government procurement shall support the development of small and medium sized enterprises. The procurer and centralized government procurement organs may give support by the means of reserving procurement share, bonus point in evaluation, evaluation price deduction, performance guarantee and so on. The concrete measures shall be otherwise formulated according to actual circumstances by the municipal competent department together with relevant departments.

  Article 6 The municipal and district financial department (hereinafter referred to as the competent department) shall convene a joint meeting of government procurement with the participation of the department of supervision, audit, market supervision and other relevant departments as well as the centralized government procurement organ if necessary, briefing the work of government procurement, researching major issues and dealing with major disputes.

  The competent department shall set up a coordination mechanism and information exchange platform of centralized government procurement together with centralized government procurement organ, regularly briefing relevant information and researching procurement policy.

  Major disputes in the proceeding paragraph refer to major objections to procurement documents, major disputes to determination of bidding and other complex complaints and disputes.

  Article 7 The participants of government procurement may establish self-disciplinary industry organizations. The self-disciplinary industry organizations shall safeguard the legitimate rights and interests of procurement industries and procurement participants, organize academic researches, business communications and consultation service and accept the supervision and guidance of the municipal competent department according to relevant laws, regulations and their constitutions.

  Chapter Two Government Procurement Participants

  Article 8 The procurer refers to the national organization, institution or incorporation that conducts government procurement according to law. The legal representative of procurer is the first responsible person of the government procurement of this unit

  The procurer shall designate specialized personnel who shall assist the first responsible person of government procurement to organize government procurement affairs of this unit and conduct self procurement of this unit, present decision-making suggestions of government procurement, and be responsible for the declaration, examination, internal control, record, check and acceptance, procurement supervisions and other affairs of procurement project of this unit.

  Article 9 The district centralized government procurement organ shall perform the following functions and duties:

  (1) enforcing laws, regulations and relevant provisions of government procurement, participating in the formulation of relevant provisions on government procurement at the same level;

  (2) organizing and implementing the procurement of the project within the catalogue of district centralized government procurement, and participating in its check and acceptance, according to provisions;

  (3) organizing and implementing the procurement of confidential, emergent and major procurement projects, and participating in its check and acceptance, according to provisions;

  (4) carrying out benefit assessment to the procurement project that enters the platform of centralized government procurement;

  (5) carrying out following-up administration to the evaluation process and evaluation quality of evaluation expert;

  (6) accepting and coordinating the answers to the questions and inquiries to government procurement project, and assisting to deal with complaints;

  (7) participating in and cooperating with municipal centralized government procurement organ to set up and manage the platform of centralized government procurement, supplier database, database of government procurement, information base of bid-following and so on;

  (8) other duties provided by laws, regulations and the district government.

  With the entrustment of district competent department, the district centralized government procurement organ shall record the contract of government procurement project and manage the suppliers’ compliance.

  The functions and duties of the centralized procurement organ of new districts shall be otherwise formulated by the municipal competent department together with relevant departments.

  Article 10 The procurer, having been confirmed by the municipal competent department to have the ability of organization as referred in the fourth paragraph of Article 7 of the Regulations of Procurement, shall meet the following conditions:

  (1) having a specialized organ to organize self procurement;

  (2) having the abilities to formulate procurement documents and organize procurement and bid;

  (3) having sound internal control system of government procurement;

  (4) having procurement staff corresponding with the scale and complexity of procurement biding project in the fields of technology, economy and so on.

  (5) the project that needs procurement being special equipments and services with strong specialty and high technical contents and annual procurement amount be not less than 30,000,000 yuan;

  (6) other conditions identified by the municipal competent department.

  The project that are procured by itself shall be conducted through the platform of centralized government procurement and observe the operating process of government procurement provided by the Regulations of Procurement and these Rules.

  The competent department shall adopt shortcut channel and practice post evaluation system to the projects that are organized procurement by institutions of higher learning, scientific research institutions and other procurers themselves.

  Article 11 The experts participating in evaluation of government procurement project shall be extracted from expert database. If there is no qualified optional expert in expert database because of industry or skills and other special requirements, the experts with professional knowledge or skills in related industries may be engaged to conduct project evaluation.

  The municipal competent department is the administrative department of evaluation experts of government procurement, which is responsible for establishing a citywide evaluation expert database, supervising and managing evaluation experts. The district competent department shall assist the municipal competent department to supervise and manage evaluation experts.

  Article 12 In the activities of government procurement, the representative of procurer, the handling person of tendering organ, the evaluation expert and other persons with one of following interests with the supplier of procurement project shall withdraw:

  (1) existing labor relation with the supplier within three years before participating in procurement activities;

  (2) serving as a director, supervisor, consultant and so on of the supplier within three years before participating in procurement activities;

  (3) being a controlling shareholder or actual controller of the supplier within three years before participating in procurement activities;

  (4) having spouse concern, lineal and consanguineous relation, or being collateral relatives by blood within three generations or close affinity with the legal representative or person in charge of the supplier;

  (5) having other relations with the supplier that affects or may affect the fairness of government procurement activities.

  Article 13 Under one of the following circumstances, the supplier shall not participate in the competition of government procurement, unless otherwise provided by laws and regulations

  (1) having relation on benefit with the procurer, which may affect the fairness of government procurement activities;

  (2) having relationship of common interests such as subordination, holding and so on with social procurement agency;

  (3) having provided design, planning and demonstration as well as other services to the requests for proposal or first-phase preparations of procurement project;

  (4) other conditions that may affect the fairness of government procurement.

  Article 14 If the handling person of tendering organ has interests with the supplier of procurement project and petitions for withdrawal, the competent department shall accept the petition and make a decision within two working days from the acceptance.

  If other procurement participants have interests with the supplier of procurement project and petition for withdrawal or petition for withdrawal of the supplier, the tendering organ shall accept the petition and make a decision within two working days from the acceptance.

  Where there is any objection to the decision of the tendering organ on whether to withdraw or not, the objector shall apply to the competent department for review within two working days form the date of receiving written decision. The competent department shall make decision within two working days from the acceptance.

  Chapter Three Ways of Government Procurement

  Article 15 If a project that shall adopts the way of public bidding is procured through the ways of closed bidding, it shall be approved by the competent department. To the application of procurer for closed bidding, the competent department shall examine and approve it within five working days from the acceptance.

  If the project that is procured through the ways of closed bidding needs public notice as provided in the second paragraph of Article 19 of the Procurement Regulations, the public notice shall be issued by the competent department. The notice period shall not be less than five working days and shall not be included in examination and approval period.

  Article 16 If a project that shall adopt the way of public bidding is applied to be procured through the ways of closed bidding, the procurer shall submit the following materials to the competent department:

  (1) procurer name, project name, procurement plan, project size and sources of funds;

  (2) technical requirements and standards of project;

  (3) procurement way applied for closed bidding, reason and certifications;

  (4) conditions about relevant industry and potential suppliers;

  (5) the generating way of the suppliers who participate in closed bidding and its reason;

  (6) materials to identify confidential and emergent project.

  Article 17 In case a public bidding is failed for the suppliers submitting valid bid are less than three, the tendering organ shall reorganize a public bidding. The project may adopt the ways of closed bidding upon approval of the competent department, if it meets the following conditions

  (1) There is no unreasonable provision in bidding documents

  (2) There is no objection or the objection is untenable during the publishing period of bidding documents;

  (3) The bidding procedure complies with provisions.

  Article 18 In case a project meets the conditions provided in Article 17 of these Rules and needs to adopt the ways of closed bidding, the tendering organ shall file an application within five working days form the day when the failure of public bidding is publicized and submit the following materials to the competent department:

  (1) an illustration to the process of public bidding;

  (2) the name list of the suppliers participating in public bidding;

  (3) the reason of the failure of public bidding and certifications.

  The competent department shall examine and approve the application of tendering organ for closing bidding within five working days form acceptance.

  Article 19 The procurement project within the scope of centralized procurement may be procured by the procurer itself upon approval of the competent department, if it has one of the following conditions:

  (1) the confidential project that is unsuitable for centralized procurement identified according to law;

  (2) the emergency project or disaster-relief project confirmed by government, which needs determining supplier immediately;

  (3) the centralized government procurement organ believes that winning or dealing supplier could not be generated through centralized procurement procedures;

  (4) the project has gone through the prescribed procedures of centralized procurement but winning or dealing supplier could not be generated;

  (5) other conditions identified by the competent department.

  Article 20 For the project that meets the provisions of Article 19 of these Rules and is applied for self-procurement, the procurer shall submit the following materials to the competent department:

  (1) written application or illustrative materials including the concrete petitions of self-procurement, conditions of procurement project, reasons of self-procurement, number and price of potential suppliers, etc;

  (2) if it belongs to the conditions provided in the first or second subparagraph of Article 19 of these Rules, the procurer shall submit the identification materials of confidential, emergency or disaster-relief project of relevant departments;

  (3) if it belongs to the conditions provided in the third subparagraph of Article 19 of these Rules, the centralized government procurement organ shall provide an illustration and reasons for not adopting the way of centralized procurement;

  (4) if it belongs to the conditions provided in the fourth subparagraph of Article 19 of these Rules, the procurer shall provide process documentation of project procurement.

  The competent shall examine and approve the application within five working days form the day when application materials are complete.

  Article 21 In the case of self-procurement project complying with the provisions of Article 19 of these Rules, the procurer shall publish the project budget and main content, recruitment and screening of dealing supplier, the name of dealing supplier, deal amount, delivery or completion date and other information at the website of government procurement designated by the competent department, except for those involving state secrets or trade secrets, within three working days from the complementation of self-procurement.

  Chapter Four Procedures of government procurement

  Section One General Procedures of Centralized Procurement

  Article 22 Centralized government procurement shall observe the procedures provided by the Procurement Regulations and these Rules. In the absence of provisions in other sections of this Chapter, relevant provisions of this Section shall apply.

  Article 23 Government procurement applies planned management. Procurement plan shall be formulated according to the approved procurement budget. Procurement project shall be organized and implemented according to the procurement plan and conduct procurement payment according to procurement results.

  Preliminary evaluation system of procurement project shall be implemented. The competent department may organize the third evaluation party to account and evaluate the project budget and actual demand.

  The third evaluation party refers to the interim independent evaluation panel that is composed of evaluation expert, trade association, competent department of industry and related parties invited by the competent department according to the special needs of procurement project.

  Article 24 Procurer shall formulate procurement plan of this unit according to approved procurement budget, catalogue of centralized procurement and quota standard of centralized procurement. Formulation of procurement plan shall meet the following requirements:

  (1) having definite basic information and procurement way of government procurement project and other concrete contents;

  (2) project and funds complying with the arrangement of government procurement budget;

  (3) projects of the same item being merged and compiled;

  (4) having market research report or conclusion on procurement price, specification, technical requirement and relevant matters.

  Article 25 The government procurement plan shall be reported to the competent department for approval, and the competent department shall examine and approve it within five working days of acceptance. If the government procurement project needs centralized procurement, the procurer shall apply for it to the platform of centralized government procurement organ within three months form the day when the procurement plan is given. If the procurer fails to file and application within the prescribed time limit, the competent department may freeze budgetary targets of procurer’s procurement plan.

  This municipality implements the system of bulk centralized procurement. The municipal competent department shall establish a management system and supporting procedures of bulk centralized procurement. The municipal centralized government procurement organ shall collect government procurement plans regularly in accordance with item category and implement scale procurement.

  Article 26 The procurer shall propose procurement requirements according to the approved government procurement plan and demand of practical work. The procurement requirements shall include the following contents:

  (1) proposed qualification requirements of supplier;

  (2) budget or the maximum within budget;

  (3) technical standard, technical specification, service contend and procurement quantity of project as well as other contents that the procurer considers necessary;

  (4) main clauses of the contract;

  (5) proposed evaluation method, evaluation factor, evaluation standard and method of determining bid.

  The tendering organ shall propose amendment opinions to the procurement demands that are not in compliance with the regulations of government procurement and the procurer shall make amendments according to relevant provisions.

  The centralized government procurement organ shall verify the procurement demands of major procurement projects. If the procurement demands are not in compliance with the regulations of government procurement, the centralized government procurement organ shall propose amendment opinions and the procurer shall make amendments according to relevant provisions.

  Article 27 The procurer shall apply for procurement to tendering organ through the platform of centralized government procurement according to the category of government procurement plan and submit the following application materials:

  (1) approved procurement plan;

  (2) procurement demands;

  (3) approval documents of imports procurement, if the procurer procures import goods, works or services;

  (4) approval documents, if the project is procured through closed bidding that shall be approved;

  (5) other materials that laws and regulations require to provide.

  Article 28 The tendering organ shall formulate procurement documents according to procurement demands and the characters of procurement project.

  Procurement documents include bidding documents, negotiation documents, bid competition documents, announcement of bid-following procurements and so on. Procurement documents shall publicize the budget or the maximum within budget of public procurement project.

  Article 29 If the procurement budget is above 10,000,000 yuan, or there exists major controversy in procurement demands, the tendering organ shall organize demonstration and solicit public opinions when formulating procurement documents. The time for organizing demonstration and soliciting opinions shall not be calculated into the time of formulating procurement documents, but it shall not exceed fifteen days. If it needs to be extended for special circumstances, it may be extended for ten days upon the approval of the competent department.

  Article 30 Within three working days from the day when receiving the procurement documents formulated by tendering organ, the procurer may confirm it or raise a written objection to the competent department. If the procurer fails to confirm it or raise an objection to the competent department in proscribed time limit, it shall be deemed as confirmation.

  If the procurer raises an objection, the competent department shall deliver it to tendering organ for explanation within three working days. The competent department shall handle it within five working days from the day when receiving tendering organ’s explanation. If it needs investigating and obtaining evidences, the needed time shall not be calculated into the handling time, but the time for investigating and obtaining evidences shall not exceed ten working days.

  The procurer and tendering organ shall amend procurement procurements according to the handling suggestion of the competent department.

  Article 31 The procurement documents may provide that the bidder shall pay bid bonds not exceeding 1% of budget but not less than 10,000 yuan. Bid bonds shall be paid in the form of non-cash.

  Article 32 Centralized government procurement project shall be organized and implemented according to unified rules. The centralized government procurement organ shall formulate qualification requirements of supplier, evaluation standards, format text and other concrete operation procedures.

  Section Two Procedures of Public Biding and Closed Biding

  Article 33 The tendering organ shall publish bidding announcement and bidding documents ten days before the bid closing date. For the procurement project with a budget above 10,000,000 yuan, bidding announcement and bidding documents shall be published fifteen days before the bid closing date.

  Article 34 When formulating bidding documents, the tendering organ shall increase the weight of price factor in the evaluation of government procurement. The biding documents shall not have the following contents:

  (1) qualification requirements that are not suitable for project level, specifications or technical clauses with a tendency, restriction or exclusion to potential bidding suppliers and other specifications or technical clauses that violate fair competition;

  (2) specifying specific supplier or product, designating brand or country of origin or requiring producer’s specific authorization to certain project;

  (3) formulating parameters of procurement demands according to the product specifications or technical indicators of certain enterprise or brand;

  (4) including the conditions such as registered capital, total assets, business income, practitioners, profits, taxes amount, performance experience, business outlets, site reconnaissance and so on as qualification clauses of qualified supplier;

  (5) other unreasonable clauses with discrimination, exclusiveness and so on.

  Verification standards of qualification, bid evaluation standards, score weight and other evaluation requirements that are not stated in bidding documents, shall not be used as evaluation basis.

  Article 35 If bidding documents need no clarification or amendment, the time when the procurer confirms bidding documents through the platform of centralized government procurement shall be the confirmation time of bidding documents.

  If bidding documents need clarification or amendment, the time when the clarification or amendment becomes part of the bidding documents and the clarification or amendment announcement is issued finally shall be the confirmation time of bidding documents.

  Article 36 The tendering organ shall make verification to bidding suppliers’ qualification by examining qualification certificates and other contents in bidding documents. If the qualification is verified unqualified, the bidding supplier’s bidding is invalid.

  Article 37 The principle of separating bid evaluation and bid determination in Article 28 of the Procurement Regulations refers that in the procedures of centralized government procurement that adopts the way of public bidding, the evaluation committee evaluates bid documents, recommends winning supplier candidates and issues written evaluation report, while the procurer determines winning supplier according to the evaluation report issued by evaluation committee and the winning supplier candidates recommended by evaluation committee.

  The procurer may also authorize evaluation committee to determine winning supplier. The procurer shall confirm the winning supplier that the evaluation committee determines with authorization.

  Article 38 The evaluation committee is composed of evaluation experts, whose number shall be odd and more than five. Evaluation experts shall be selected from expert database at random.

  If the procurer authorizes evaluation committee to determine winning supplier, it may send representatives to participate in evaluation committee, but the representatives’ proportion in evaluation committee shall not exceed 1/3.

  The members of evaluation committee shall strictly observe evaluation rules, evaluate and perform duties fairly, complying with the evaluation method and standards provided by laws and regulations

  Article 39 Evaluation committee shall verify the effectiveness, integrity and response to bidding documents of bid documents, according to the provisions of bidding documents. If evaluation committee affirms that bid documents fails to respond to bidding documents substantially, the bid is invalid.

  Article 40 Evaluation committee shall evaluate bid documents according to following methods:

  (1) Comprehensive scoring method. Under the premise of greatest meeting substantial requirements of bidding documents, evaluation committee shall conduct comprehensive evaluation in accordance with factors specified in bidding documents and the bidders with total evaluation score in the front rank are recommended as winning supplier candidates.

  In the case of adopting comprehensive scoring method, the weight of price score in total score shall not be less than 30% for good project, not be less than 40% for works project, and not less than 20% of service project. If the price weight needs adjustment for special circumstance, it shall be approved by the competent department.

  (2) Qualitative evaluation method. Evaluation committee shall conduct qualitative evaluation of technology and business in accordance with the qualitative factors specified in bidding documents, give opinions on whether the bid documents meet the substantial requirements of bidding documents, point out the advantages, defects and problems of bid documents as well as the matters that need attention and clarification before signing contract, and form evaluation report. All submitted bid documents shall not be judged abandoned or invalid and all bidders are recommended as winning supplier candidates.

  (3) Lowest price method. Evaluation committee recommends winning supplier candidates in accordance with the number or proportion specified in bidding documents, fully meeting substantial requirements of bidding documents and in the sequence of offer from low to high.

  (4) other evaluation methods provided by laws and regulations.

  The evaluation method of procurement project, number or proportion of winning supplier candidates commended by evaluation committee shall be specified in bidding documents.

  Article 41 The procurer shall determine winning supplier according to the following method:

  (1) Self determination method. The procurer organizes bid determination committee and the bid determination committee determines winning supplier from winning supplier candidates;

  (2) ?Drawing lots method. The tendering organ organizes random drawing of winning supplier after winning supplier candidates are available;

  (3) Competitive bidding method. The tendering organ organizes winning supplier candidates to conduct the second competitive bidding and the supplier with the lowest final offer is the winning supplier;

  The bid determination method of procurement project shall be identified in bidding documents.

  Article 42 The tendering organ shall deliver evaluation report to the procurer within two working days from the end of evaluation and the procurer shall determine winning supplier within three working days from receiving evaluation report.

  If the procurer fails to determine winning supplier in the prescribed time limit, the tendering organ shall report to the competent department. The time that the competent department deal with it shall not be calculated into procurement period.

  Article 43 If the procurer authorizes evaluation committee to determine winning supplier, the evaluation committee shall adopt comprehensive scoring method or lowest price method to determine winning supplier and deliver bidding result to the procurer within two working days from the day when winning supplier is determined, and the procurer shall confirm bidding result within three working days from the day when receiving it. If the procurer fails to make confirmation within the prescribed time limit without justified reasons, it should be deemed as confirmation.

  Article 44 The tendering organ shall make bidding result public at the designated website of government procurement before issuing bid-winning notice, except for those involving state secrets or trade secrets. The publicity time shall not be less than three days. The publicity shall include the following contents:

  (1) name of bidding suppliers, response files of qualification and offers;

  (2) name list of project evaluation experts and name list of winning supplier candidates;

  (3) name list of determined winning suppliers;

  (4) other contents provided by laws, regulations and rules.

  The contents provided in the first subparagraph of the proceeding paragraph may be made public after the tendering organ verifies the bidders’ qualification.

  Where there is any objection during publicity period, the objector shall propose it to tendering organ before the expiration of the publicity. If there is no objection or the objection is untenable during publicity period, the tendering organ shall issue a bid-winning notice.

  Article 45 If the winning supplier abandons the qualification of winning bid or the wining supplier’s qualification of winning bid is affirmed invalid, the procurement shall be reorganized.

  If reorganization of procurement could not meet procurer’s requirements for emergency, having been verified by the competent department, the procurer may determine substitute winning supplier from other winning supplier candidates according to the bid determination method specified in bidding documents

  In the case of determining substitute winning supplier, the tendering organ shall publicize the information of substitute winning supplier. If there is no objection in publicity, the tendering organ shall determine new winning bidder. If there is any objection and the objection is tenable, the tendering organ shall reorganize procurement.

  If the substitute winning supplier abandons the qualification of winning bid or its qualification of winning bid is affirmed invalid, the procurement shall be reorganized.

  Article 46 If a procurement adopts the way of competitive negotiation, negotiating suppliers may be generated through the following methods:

  (1) recommendation from specific scope of suppliers by procurer;

  (2) public solicitation from specific scope of suppliers by tendering organ;

  (3) other methods provided by laws and regulations.

  Article 47 If a procurement adopts the way of competitive negotiation, the tendering organ shall organize a negotiating group composed of the procurer and evaluation experts, which shall be odd and five people at least. The number of experts shall not be less than 2/3 of the total number of negotiating group.

  Article 48 For competitive negotiation, all members of the negotiating group shall negotiate with single supplier separately and the negotiation shall not be less than three rounds. The negotiating group shall publicize the latest commitment and offer ranking of every supplier to all, but shall not reveal specific offer and technical data of each supplier.

  Project’s qualification requirements, evaluation method and budget shall not be altered during the process of negotiation. If there is any other substantial alteration, the negotiating group shall inform all the suppliers participating in negotiation in written.

  Section Three Procures of Pre-selection Procurement

  Article 49 Pre-selection procurement refers to a form of procurement organization that a certain number of pre-selection suppliers are generated through public bidding or other ways and the procurer determines dealing supplier from pre-selection suppliers and deal amount with specified method when it conducts a specific procurement project. Pre-selected suppliers include agreement supplier, qualified supplier, supplying mall, online electronic mall , strategic partner and so on.

  Article 50 Under the following circumstances, pre-selection procurement may be adopted:

  (1) generic-class procurement project;

  (2) nongeneric-class procurement project whose unit price, quantity or contract value could not be determined through a single bidding procurement;

  (3) other projects provided by laws and regulations.

  Article 51 Pre-selection procurement project shall follow the following procedures:

  (1) Centralized government procurement organ makes a scheme of pre-selection procurement project and organizes its implementation upon the approval of the competent department;

  (2) Centralized government procurement organ determines a certain number of pre-selected suppliers through public bidding or other ways and establish a pre-selected supplier database;

  (3) For generic-class pre-selection procurement project, the centralized government procurement organ shall conclude pre-selection procurement agreement with pre-selection supplier. For other pre-selection procurement project, the procurer shall conclude pre-selection procurement agreement with pre-selected supplier;

  (4) The procurer determines dealing supplier and deal amount from pre-selected supplier database in accordance with prescribed method;

  (5) The centralized government procurement organ publicizes pre-selection procurement project and deal results and the publicity time shall not be less than three days.

  Article 52 The dealing suppliers of pre-selection procurement projects shall be determined from pre-selected suppliers through the following ways:

  (1) Direct purchase method. The procurer purchases directly from pre-selected supplier database in accordance with the agreed price;

  (2) Drawing lots method. The procurer determines dealing supplier by drawing lots from the pre-selected suppliers that meets the requirements of procurement project;

  (3) Competitive bidding method. The centralized government procurement organ issues a procurement notice and the qualified pre-selected suppliers participate in and respond. After at least one round of negotiation or bidding, the procurer determines dealing supplier;

  (4) other methods provided by laws, regulations or rules.

  Article 53 The competent department shall strengthen the management of pre-selected suppliers together with centralized government procurement organ, and establish a selection and exit mechanism of pre-selected supplier.

  The centralized government procurement organ shall establish a pre-selected supplier database and implement dynamic management, establish a management system of grade and classification management, assessment, reward and punishment, credit files and so on, establish and perfect a management system of pre-selection procurement information, strengthen the management of pre-selected supplier’s compliance, service quality, price level and so on.

  Chapter Five Contract of Government Procurement

  Article 54 The contract of government procurement project above the quota standard of centralized procurement shall be submitted to centralized government procurement organ for record. If a supplementary agreement is signed or the contract is cancelled, the procedures of modification of recordation shall be conducted within ten days from signing the supplementary agreement or canceling the contract.

  Article 55 The procurer shall compose an acceptance group to check and accept procurement project. The members of acceptance group shall have professional knowledge and practical experience relevant to procurement project. If there is no relevant professional technical personnel, the procurer may invite nationally recognized quality testing institution and other third review party to participate in check and acceptance.

  The fees rose from check and acceptance shall be born by the organizer. If the centralized government procurement organ participates in check and acceptance, the fees shall be born by it.

  Article 56 When the procurer applies for procurement contract payment, it shall submit an application for payment and other materials that the competent department requires to provide. If contract recording is required according to provisions, it shall provide contract recording certificate.

  The competent department shall conduct examination and payment within five working days from the day when application materials provided by the procurer are complete.

  Article 57 The substantive provisions of contract include subject matter of procurement, specifications and models, purchase amount, quantity, quality standards, performance time and place and so on and the substantive contents shall not be contrary to the matters identified in procurement documents.

  Article 58 The government procurement shall gradually implement official procurement card system and the procurement project that has the conditions of settling with official procurement card shall adopt the way of official procurement card settlement. The fix-point procurement of government meeting and official accommodation, fix-point refueling, maintenance and insurance of government official vehicles, mall supply or small purchase and so on shall adopt the way of official procurement card settlement.

  The municipal competent department shall formulate administrative rules of official procurement card, expands gradually the application scope of official procurement card according to the actual situation, regulate the use, payment and settlement activities of official procurement cards.

  Article 59 High-quality service contract refers to the contract whose performance evaluation level is excellent among the government procurement contract of service. The suppliers of high-quality service contract shall be applicable to the reward system of contract renewal.

  In the case of high-quality service contract extension, the procurer shall file an application to the competent department six months before the expiration date of the original contract. The competent department shall organize centralized government procurement organ to conduct performance evaluation to the project that is applied for renewal. For major procurement project, the competent department shall invite third review party to conduct performance evaluation and the centralized government procurement organ shall submit evaluation report to the competent department. The competent department shall make a decision on whether or not to renew the contract. If the competent department decides to renew the contract, it shall publicize the performance evaluation and the information of renewed contract before making decision.

  High-quality service contract may be renewed for twenty-four months but the renewal may not exceed twice at most. The substantial contents of the renewed contract shall not be changed.

  Chapter Six ?Question and Complaint

  Article 60 If the supplier who participates in government procurement considers that its own interests is damaged by the following events, it shall raise written questions to the procurer, centralized government procurement organ or social procurement agency according to law:

  (1) There are clauses with restriction or tendency in procurement documents;

  (2) The clarification or amendment of procurement documents violates provisions;

  (3) The persons who should have withdrawn do not withdraw;

  (4) The procurement participants collude with each other and decide internally the winning or dealing supplier;

  (5) Other suppliers conceal the truth and submit false documents in order to seek winning bid or a deal;

  (6) The procurement procedures violate provisions;

  (7) Other events that the supplier considers damage his interests.

  Article 61 The day when the supplier knows or should know that its interests are damaged referred to in Article 41 of the Procurement Regulations refers to the followings:

  (1) For the question to procurement documents, it refers to the day when procurement documents are publicized;

  (2) For the question to procurement process, it refers to the day when each procurement procedure is end;

  (3) For the question to winning or dealing result and the members of evaluation committee, negotiation group and competitive bidding group, it refers to the day when the winning or dealing result is publicized.

  If the supplier’s question or complaint needs obtaining relevant certification from the department concerned or organizing special institution and personnel to conduct inspection, testing or appraisal, the needed time shall not be calculated into the period of handling question and complaint.

  Article 62 When a supplier raises a question, it shall submit written question with real name. The written question shall include the following contents:

  (1) having clear requests of question;

  (2) having clear subject of question;

  (3) having interests damaged by questioned event;

  (4) having reasonable facts and basis;

  (5) other documents provided by laws, regulations and rules.

  If the supplier raises question by fabricating facts, submitting false documents or pretending other people or refuses to cooperate with the investigation into question without reasonable reason, the competent department shall record it into the supplier’s credit file.

  Article 63 The event complained by supplier shall be the one having been questioned. When the supplier raises a complaint, it shall submit written complaint with real name. The written complaint shall include the following contents:

  (1) having clear appeal of complaint;

  (2) having clear subject of complaint;

  (3) having reasonable facts and reasons

  For the complaint meeting the proceeding conditions, the competent department shall accept it. If the complaints that the competent department accepts have been accepted by other administrative departments, the competent department may terminate complaint handling process.

  Article 64 Under the following circumstances, the competent department may suspend government procurement activities during the question or complaint handling period:

  (1) There may be illegal activities in procurement;

  (2) The question or complaint events may influence the evaluation results;

  (3) Other circumstances that do need suspension.

  The competent department shall release announcement and inform the procurer and suppliers participating in procurement in writing on the same day that it makes the decision of suspending procurement.

  The suspended period shall not exceed ten days. If it needs to be extended for special circumstances, it may be extended for ten days upon approval of the principal responsible person of the competent department. The suspended period shall not be calculated into procurement period.

  If the procurement is suspended according to the provisions of proceeding paragraph, the procurement procedure shall be restored when the circumstance of suspension is disappeared.

  Article 65 The following circumstances shall be dealt with according to the provisions of relevant laws and regulations, not be treated as supplier’s questions or complaints:

  (1) reflection and report proposed by suppliers after the expiration of question and complaint time limit;

  (2) complaints and reflection proposed by other participants of government procurement except for suppliers;

  (3) complaints and reflection transferred by the departments of supervision, audit, letters and calls and so on;

  (4) other reflections, reports, comments and suggestions.

  Chapter Seven Supervision and Administration

  Article 66 The competent department shall set up the system of government procurement supervisor and employ relevant social people as the government procurement supervisors. The government procurement supervisors have rights to supervise and make suggestions to government procurement and shall report to the competent department for disposal timely if they find illegal activities in ongoing government procurement activities.

  Other units and individuals have rights to impeach and accuse the illegal activities in government procurement, relevant departments shall deal with it in accordance with their respective responsibilities.

  If the written report with real name has been verified true by the competent department and restores economic losses for the country, the informant should be rewarded in accordance with the ratio of one percent to five percent of the restored economic losses, but the maximum award amount shall not exceed 100,000 yuan.

  Article 67 Supervision and inspection of government procurement may adopt the following ways:

  (1) entering the inspected site for inspection;

  (2) asking the personnel of inspected unit;

  (3) consulting relevant data of inspected unit;

  (4) attending the meeting related to government procurement activities that is held by inspected unit;

  (5) collecting relevant data in the forms of copying, duplicating, sound recording, photography, video, record and so on;

  (6) In the event that the evidence might be destroyed or difficult to be obtained later, it may be registered and preserved in advance upon the approval of the responsible person of the competent department;

  (7) other ways provided by laws, regulations and rules.

  Article 68 The competent department shall conduct key inspection to the following government procurement project and include it into the assessment system of its own:

  (1) the procurement project whose procurement amount is above 10,000,000 yuan;

  (2) the project that is questioned or complained or the project whose evaluation result is changed;

  (3) the project that is procured through the ways of closed bidding because of the failure of public bidding;

  (4) self procurement project transferred from centralized procurement;

  (5) the project whose procurement is organized by the procurer with organized ability itself;

  (6) the project that is procured through closed bidding while it should be procured through public bidding;

  (7) other government procurement projects transferred by the administrative department.

  The competent department may carry out joint inspection to government procurement activities together with the supervision, audit and other relevant departments.

  Article 69 The municipal competent department shall determine social procurement agency through public bidding and carry out assessment and appraisal to the service of social procurement agency regularly, combining with daily supervision and special inspection activities. It shall establish a comprehensive evaluation and dynamic management system, selecting the fittest and eliminate the inferior social procurement agency and improving the quality of government procurement. Assessment score shall be linked to the quantity and amount of agency for government procurement project and be an important evaluation sector of the next round social procurement agency bidding and evaluation.

  Article 70 If the competent department finds that an ongoing government procurement activity belongs to the circumstances provided in Article 36 of the Procurement Regulations, it shall suspend the payment, terminate government procurement and cancel procurement project.

  Article 71 The centralized government procurement agency shall establish a government procurement database, include the brand, model, specification, price, quantity and supplier’s performance evaluation and other information related to government procurement project into the database and publicize it according to relevant provisions of government information disclosure. The information of government procurement database may be a reference to setting qualification requirements of the supplier of government procurement project, proposal of procurement requirement, procurement price comparison, bonus point in procurement evaluation and so on.

  The competent department shall strengthen the management of suppliers’ credit, blacklist those suppliers who violate laws, regulations and rules in government procurement activities or breach the contract seriously and the suppliers with a poor performance evaluation, deduct their points in evaluation of the next round bid, refuse the contract renewal if it is required and forbid their participation in government procurement in this municipality according to the Procurement Regulations and relevant provisions.

  Article 72 The competent department is responsible for counting, summarize and reporting the statistics of government procurement of this level. The procurer, centralized government procurement organ and social procurement agency shall report the statistics and relevant materials of government procurement regularly according to the requirements of the competent department.

  For the government procurement project that is brought into the bidding management of construction engineering, its trading service agency shall count and summarize regularly and report to the competent department timely. Relevant data shall be included in the statistical range of government procurement.

  Article 73 For the procurement project that enters the platform of centralized government procurement, the centralized government procurement agency shall assistant the management of the competent department, report the illegal activities found during the procurement process to the competent department timely and assist its disposal.

  The centralized government procurement agency shall formulate government procurement efficiency evaluation index system, analyze and evaluate the price, economy, justice, efficiency and effectiveness and so on of the completed centralized government procurement project and put forward suggestions for improvement.

  Chapter Eight Legal Responsibilities

  Article 74 If the social procurement agency has one of the following circumstances, it and its person in charge, directly responsible person in charge and other directly responsible persons shall be circulated a notice of criticism, be recorded in the credit files of social procurement agency and be imposed a fine by the competent department:

  (1) If the illegal activity belongs to the circumstances of subparagraph (1), (2), (3), (4), (5), (7), (9) and (10) of Article 56 of the Procurement Regulations and the total procurement amount involved is less than 500,000 yuan, it shall be fined 10,000 yuan. If the total procurement amount involved is more than 500,000 yuan but less than 2,000,000 yuan, it shall be fined 50,000 yuan. If the total procurement amount involved is more than 2,000,000 yuan but less than 5,000,000 yuan, it shall be fined 100,000 yuan.

  (2) If the illegal activity belongs to the circumstances of subparagraph (6) and (8) of Article 56 of the Procurement Regulations and the total procurement amount involved is less than 1000,000 yuan, it shall be fined 50,000 yuan. If the total procurement amount involved is more than 1,000,000 yuan but less than 2,000,000 yuan, it shall be fined 100,000 yuan.

  The procurement amount refers to the actual deal amount of procurement project. If the procurement project has not got a deal, the project budget is the procurement amount.

  Article 75 If the social procurement agency has one of the following circumstances , which belongs to serious circumstance, it shall be disqualified as a government procurement agency in this city, be recorded in the credit files of social procurement agency and be imposed a fine by the competent department:

  (1) If the illegal activity belongs to the circumstances of subparagraph (1), (2), (3), (4), (5), (7), (9) and (10) of Article 56 of the Procurement Regulations and the total procurement amount involved is more than 5,000,000 yuan but less than 1,000,000 yuan, it shall be fined 100,000 yuan. If the total procurement amount involved is more than 1,000,000 yuan but less than 2,000,000 yuan, it shall be fined 150,000 yuan. If the total procurement amount involved is more than 2,000,000 yuan, it shall be fined 200,000 yuan.

  (2) If the illegal activity belongs to the circumstances of subparagraph (6) and (8) of Article 56 of the Procurement Regulations and the total procurement amount involved is more than 2,000,000 yuan less than 5,000,000 yuan, it shall be fined 150,000 yuan. If the total procurement amount involved is more than 5,000,000 yuan, it shall be fined 200,000 yuan.

  Article 76 If the supplier has one of the following circumstances, it shall be recorded into supplier’s credit files and be punishen as followings by the competent department:

  (1) If the illegal activity belongs to the circumstances of subparagraph (1), (2), (3), (4), (6), (8) and (9) of Article 57 of the Procurement Regulations and the total procurement amount involved is less than 500,000 yuan, it shall be fined ten-thousandths of the procurement amount and be banned from government procurement of this municipality within one year. If the total procurement amount involved is more than 500,000 yuan but less than 2,000,000 yuan, it shall be fined fifteen-thousandths of the procurement amount and be banned from government procurement of this municipality within two years. If the total procurement amount involved is more than 2,000,000 yuan but less than 5,000,000 yuan, it shall be fined twenty-thousandths of the procurement amount and be banned from government procurement of this municipality within three years.

  (2) If the illegal activity belongs to the circumstances of subparagraph (5) and (7) of Article 57 of the Procurement Regulations and the total procurement amount involved is less than 1,000,000 yuan, it shall be fined fifteen-thousandths of the procurement amount and be banned from government procurement of this municipality within two years. If the total procurement amount involved is more than 1,000,000 yuan but less than 2,000,000 yuan, it shall be fined twenty-thousandths of the procurement amount and be banned from government procurement of this municipality within three years.

  Article 77 If the supplier has one of the following circumstances, which belongs to serious circumstance, it shall be revoked its business license by the market supervision department according to law, disqualified to participate in government procurement in this municipality and be punished as followings by the competent department:

  (1) If the illegal activity belongs to the circumstances of subparagraph (1), (2), (3), (4), (6), (8) and (9) of Article 57 of the Procurement Regulations and the total procurement amount involved is more than 5,000,000 yuan but less than 10,000,000 yuan, it shall be fined twenty-thousandths of the procurement amount. If the total procurement amount involved is more than 10,000,000 yuan but less than 20,000,000 yuan, it shall be fined twenty-five-thousandths of the procurement amount. If the total procurement amount involved is more than 20,000,000 yuan, it shall be fined thirty-thousandths of the procurement amount.

  (2) If the illegal activity belongs to the circumstances of subparagraph (5) and (7) of Article 57 of the Procurement Regulations and the total procurement amount involved is more than 2,000,000 yuan but less than 5,000,000 yuan, it shall be fined twenty-five-thousandths of the procurement amount. If the total procurement amount involved is more than 5,000,000 yuan, it shall be fined thirty-thousandths of the procurement amount.

  Article 78 If the procurer has one of the following circumstances, it shall be dealt with according to relevant provisions of Article 54 of the Procurement Regulations:

  (1) failing to determine and use pre-selected suppliers according to the procedures and methods provided by these Rules;

  (2) failing to settle with official procurement card in the project that should do so;

  (3) other activities violating the provisions of these Rules.

  Article 79 If the supplier has one of the following circumstances, which belongs to the collusion in bid referred to in the Procurement Regulations, it shall be dealt with according to relevant provisions of Article 57 of the Procurement Regulations:

  (1) Bidding suppliers mutually agree to give benefit compensation to the suppliers who do not win the bid;

  (2) The legal representative, mainly responsible person for business operations, authorized representative for project bid, project leader and major technical personnel of different bidding suppliers are the same person, belong to the same unit or pay social insurance at the same unit;

  (3) The bid documents of different bidding suppliers are compiled by the same unit or the same individual, or the same individual participates in compiling the bid documents of different bidding suppliers in stages;

  (4) The bid documents or parts of bid documents of different bidding suppliers are mixed loading;

  (5) There exists abnormal uniformity in the contents of bid documents of different bidding suppliers;

  (6) The working staff from the same unit undertakes the same bid activity for more than two (including two) suppliers;

  (7) other circumstances identified by the competent department according to laws and regulations.

  Article 80 If the procurer, tendering organ or evaluation committee has one of the following circumstances, which belongs to the collusion in bid referred to in the Procurement Regulations, it shall be dealt with according to relevant provisions of the Procurement Regulations:

  (1) opening other bidding suppliers’ bidding documents and notice bid information to the bidding supplier before bid opening;

  (2) inspiring bidding supplier to replace bid documents or change offer;

  (3) disclosing other bidding suppliers’ name, quantity, name list of evaluation committee and other information that should be kept confidential to the sbidding supplier;

  (4) giving inspiration to the contents of bid documents or price;

  (5) The members of evaluation committee contact the procurer, tendering organ, bidding supplier or other interest related person without authorization and effect the fairness of bid evaluation;

  (6) other circumstances identified by the competent department according to laws and regulations.

  Article 81 If the supplier has one of the following circumstances, which belongs to concealing truth and submitting false documents, it shall be dealt with according to relevant provisions of Article 57 of the Procurement Regulations:

  (1) It obtains the certificate of competence from other unit by transferring, leasing or other ways in order to bid;

  (2) Other unit or the person in charge ofit seals or signs on the bid documents formulated by bidding supplier;

  (3) Project leader or major technical personnel are not personnel of this unit;

  (4) Bid bond is not transferred from the basic account of bidding supplier;

  (5) Other activities of concealing truth or submitting false documents.

  If the bidding supplier cannot provide labor contract, social insurance and other documents of labor relation of project leader or major technical personnel, it deems that there exists circumstance provided in subparagraph (3) of the proceeding paragraph.

  Article 82 Any activity violating the provisions of Article 34 of these Rules belongs to excluding the competition of other suppliers with illegal means and shall be dealt with according to relevant provisions of Article 60 of the Procurement Regulations.

  Article 83 If the supplier has one of the following circumstances, which belongs to malicious complaining, shall be dealt with according to relevant provisions of Article 57 of the Procurement Regulations:

  (1) fabricating facts, submitting false documents or raising two complaints without substantial evidence within a year;

  (2) pretending other people to raise complaints;

  (3) refusing to cooperate with relevant investigation and the case being serious;

  (4) raising a complaint again to the same event without new effective evidence after the complaint having been dealt with and answered.

  Article 84 If the supplier has one of the following activities, the tender organ or procurer shall not return its bid bond paid. If the circumstance is serious, it shall be recorded into supplier’s credit files and be circulated a notice of criticism by the competent department.

  (1) withdrawing bid after bid closing;

  (2) failing to conclude contract within the prescribed time limit after winning the bid without justified reasons;

  (3) transferring the winning project to others or subcontracting the winning project to others without illustrating in bid documents or acquiring the consents of procurer and tendering organ;

  (4) refusing to fulfill contract obligations;

  The bid bonds that are not returned and their interests shall be turned over to the state treasury.

  Article 85 If the competent department finds out illegal activities of the procurement participant during the process of dealing with complaint, it shall transfer the participant to relevant departments for disposal. If it is suspected of committing a crime, it shall be transferred to the judicial organ for treatment.

  Chapter Nine Supplementary Provisions

  Article 86 The agreement supplier in these Rules refers to the supplier that provides generic-class products or services directly to the procurer in the duration of agreement.

  The qualified supplier in these Rules refers to the supplier that has the qualification of negotiation, competitive bidding or drawing lots or the supplier that has the qualification of direct fulfillment.

  The supplying mall in these Rules refers to the physical mall that provides mainstream generic-class products or services in the market at a promised preferential price to the procurer.

  The online electronic mall in these Rules refers to the non- physical mall that is built on Internet and may provides online ordering, offline distribution, online payment and other services to the procurer as well as achieves platform supervision and other functions.

  The strategic partner in these Rules refers to a way of cooperation that means, to the procurement project with a large government procurement quantity, prominent brand advantage or involving government’s key supporting industries, one or more cooperative suppliers provide products, services or woks and sign a strategic partnership agreement. The strategic partners provide bulk centralized procured goods, services or works to the procurer or supply commodities on procurer’s demand.

  The “more than” in Chapter Eight of these Rules includes the given number itself, “less than” does not include the given number itself.

  Article 87 Procurement of imported products and international bidding management shall be carried out according to relevant provisions of the state.

  For the government procurement that uses loans from international organizations and foreign governments, if lender or fund provider has reached an agreement on the concrete conditions of procurement with the Chinese, the agreement shall be applicable but could not harm national interests and social public interests.

  Article 88 The standards of major procurement project, rules of bid evaluation and determination, regulations of pre-selection procurement, evaluation expert,social procurement agency, government procurement supervisor and so on shall be otherwise formulated by the competent department.

  Article 89 These Rules shall go into effect as of June 1, 2013.