Regulations of Shenzhen Special Economic Zone on Government Procurement
(Adopted at the twenty-seventh meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on October 27,1998; revised at the twelfth meeting of the Standing Committee of the fifth Shenzhen Municipal People’s Congress on December 27,2011)
Chapter Ⅰ General Principles
Article 1 These regulations are formulated to regularize the government procurement, enhance the efficiency and benefit of government procurement, promote fair trade, advance the construction of a clean and honest government, protect the legitimate rights and interests of government procurement participants, in accordance with basic principles of relevant laws and administrative regulations.
Article 2 These regulations are applicable to the national authorities, institutions or organizations that use financial capital to procure goods, works or service. The enterprises that use financial capital to procure shall observe other relevant laws and regulations.
For the work project that is brought into the bidding management of construction engineering, its bid and bidding shall observe the provisions of relevant laws and regulations; Where the laws and regulations have no provisions, these regulations are applicable.
Article 3 Government procurements shall observe the principles of Publicity and impartiality, fair competition, economy and high efficiency, good faith and being worth the money.
Article 4 The financial departments of the municipal and district people’s government are the competent departments of government procurement (hereinafter referred to as “the competent department”), which are responsible for the supervision and administration over the government procurement.
The supervision, audit, market supervision and other relevant departments supervise and administrate the government procurement according to their powers and duties.
The municipal and district people’s governments are responsible for the organization and implementation of centralized procurement affairs and other relevant work.
Article 5 The municipal and district people’s government shall explore the innovation of government procurement system, play the role of centralized government procurement organ, and support the development of social procurement agency.
Article 6 The government procurement applies a planned control. The procurer should not procure outside the plan of government procurement, and the centralized government procurement organ or social procurement agency shall not accept the government procurement outside the plan of government procurement.
The municipal competent department shall enact the standards of government procurement together with relevant departments, which shall be put in force after being approved by the municipal government. No government procurement can be conducted beyond these standards.
Article 7 The government procurement shall be implemented by centralized procurement primarily, by self procurement auxiliary. For centralized procurement, it shall enter the platform of centralized government procurement.
“Centralized procurement”?in these regulations refers to the procurement implemented to the project that is within the catalogue of centralized procurement and the project that is outside the catalogue but is above the quota standard of centralized procurement.
For the project that is within the catalogue of centralized procurement, the centralized government procurement organ shall be responsible for the organization and implementation of its procurement.
For the project that is outside the catalogue but is above the quota standard of centralized procurement, the procurer shall entrust social procurement agency to implement the procurement according to provisions, but those confidential, emergent and major projects shall be implemented by centralized government procurement organ. The procurer, having the ability to organize procurement confirmed by the municipal competent department, can organize procurement by itself through the platform of centralized government procurement.
For the project that is outside the catalogue and is under the quota standard of centralized procurement, the procurer shall procure by itself with reference to these regulations.
The municipal competent department shall annually enact municipal catalogue and quota standard of centralized procurement in accordance with the procurement budget, scale and other items, which shall be put in force after being approved by municipal government. The district competent department shall enact the catalogue and quota standard of centralized procurement of this district in accordance with the provisions of these regulations, which shall be put in force after being approved by the district government.
Article 8 The municipal competent department shall formulate measures of prior procurement or mandatory procurement together with relevant departments, in accordance with the economic and social development targets of the State and this municipality, to support environmental protection, energy-saving and emission-reduction, low-carbon economy and circular economy, to promote the transformation and upgrading of economic structure and to promote the development of small and medium-sized enterprises.
“Mandatory procurement” in the preceding paragraph refers that the procurer, centralized government procurement organ and social procurement agency shall procure goods or service within the conditions and scope identified by government.
The procurer, centralized government procurement organ and social procurement agency shall strictly observe the measures of prior procurement and mandatory procurement.
Article 9 The government procurement shall take the Internet and information technology, set up and improve a citywide electronic administration and trade platform of government procurement, and spread electronic government procurement.
Article 10 The government shall promote the specialized and professional management system for the government procurement employees. The municipal competent department shall provide training and carry out assessment to the government procurement employees, in accordance with the qualification standards provide by the State.
Chapter Ⅱ Participants of Government Procurement
Article 11 “Participants of Government Procurement” refer to all types of subject who enjoy rights and assume obligations in government procurement activities, including procurer, centralized government procurement organ, social procurement agency, supplier, evaluation expert and etc.
Article 12 The procurer shall perform the following duties:
(1)implementing administrator responsibility system or legal representative responsibility system, setting up and perfecting its own management system and working process of government procurement;
(2)drawing up and implementing its own government procurement plan in accordance with the budget;
(3)proposing government procurement demands and confirming procurement documents;
(4)deciding the winning supplier or dealing supplier in accordance with prescribed procedures;
(5)concluding the government procurement contract and fulfilling the duties of check and acceptance, settlement, payment and other duties agreed upon in contract;
(6)being responsible for the information statistics and file management of its own government procurement;
(7)answering the questions and inquiries to its own government procurement project, assisting competent department to deal with complaints;
(8)other duties provided by laws, regulations and the municipal government.
Article 13 The municipal centralized government procurement organ shall perform the following duties:
(1)enforcing the laws, regulations and relevant provisions of government procurement, participating in the formulation of relevant provisions on government procurement, setting up and perfecting the operation procedures of centralized procurement;
(2)organizing and implementing the procurement of the project within the catalogue of centralized procurement, and participating in its check and acceptance, according to provisions;
(3)organizing and implementing the confidential, emergent and major procurement projects, and participating in its check and acceptance, according to provisions;
(4)providing venue, network, information and consultation services for the platform of centralized government procurement;
(5)carrying out benefit assessment to the procurement project that enters the platform of centralized government procurement;
(6)carrying out following-up administration to the evaluation process and evaluation quality of evaluation expert;
(7)accepting the questions and inquiries to government procurement project and coordinating the answers to them, assisting the competent department to deal with complaints;
(8)establishing the database of government procurement, carrying out market survey and price analysis;
(9) other duties provided by laws, regulations and the municipal government.
With the entrustment of competent department, the municipal centralized government procurement organ shall set up and manage a citywide platform of government procurement, record the contract of government procurement project, set up and manage the supplier base, and manage the supplier’s compliance.
“Municipal centralized government procurement organ” in these regulations refers to the specialized organ established by the municipal government, which organizes and implements the procurement of the project within the catalogue of centralized procurement and provide service to the government procurement activities.
The duties of district centralized government procurement organ will be otherwise provided by the implementing rules of these regulations
Article 14 The social procurement agency shall perform the following duties:
(1)procuring in accordance with relevant provisions of these regulations and the agreement in agency contract;
(2)assessing the evaluation quality of evaluation expert;
(3)submitting the documents of government procurement project to the centralized government procurement organ;
(4)answering the questions and inquiries to government procurement project and assisting the competent department to deal with complaints;
(5)other duties provided by laws and regulations.
“Social procurement agency” in the proceeding paragraph refers to the agency, having obtained the agent qualification of government procurement in accordance with law and conducted industry and commerce registration in this city, which is determined through public bidding and other procurement ways according to law and acts as an agent of government procurement project in accordance with these regulations.
Article 15 The supplier, which participates in government procurement, enjoys the following rights:
(1)obtaining the information of government procurement;
(2)joining in fair competition of government procurement;
(3)raising questions and inquiries, and lodging complaints;
(4)other rights provided by laws and regulations.
Article 16 The supplier, which participates in government procurement, shall fulfill the following duties:
(1)providing relevant documents of procurement truthfully;
(2)concluding procurement contract in accordance with provisions and strictly performing it;
(3)cooperating the check and acceptance of procurement project;
(4)accepting the investigation and taking of evidence relevant to inquiry and complaint;
(5)fulfilling social responsibility and accepting the supervision and administration of relevant departments;
(6)other duties provided by laws and regulations.
Article 17 The evaluation expert who participates in government procurement shall fulfill the following duties:
(1)observing working discipline of evaluation, and providing independent, objective and impartial evaluation opinions;
(2)reporting irregularities immediately upon discovery;
(3)answering questions or inquiries relevant to evaluation;
(4)other duties provided by laws and regulations.
Article 18 In the government procurement activities, any procurement participant or relevant person, having an interest with the procurement project and potentially influencing the fairness and impartiality of government procurement, shall withdraw.
Any party, which considers other participant has an interest with the supplier, can petition for its withdrawal.
Chapter Ⅲ Ways of Government Procurement
Article 19 The government procurement adopts the ways of public bidding, competitive negotiation, single source procurement, competitive bidding, bid-following procurement and other ways of procurement provided by laws and regulations.
Public bidding shall be the main way of government procurement. The municipal competent department shall develop its specific standards and put it in force after being approved by the municipal government. If the 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 at the same level. For the project that is procured through the ways of closed bidding in accordance with the provisions of (3) of paragraph 1 of article 20 and (3) , (4) of paragraph 1 of article 21, it shall be approved after public notice to which there is no objection.
The declaration procedures and specific measures of procurement through the ways of closed bidding shall be otherwise provided by the implementing rules of these Regulations.
Article 20 Under any of the following circumstances, the government procurement project may adopt the procurement way of competitive negotiation:
(1) the emergency project or disaster-relief project confirmed by government, which can be procured only from limited suppliers within a particular scope;
(2) the confidential project identified by secret agency, which can be procured only from limited suppliers within a particular scope;
(3) other projects with complicacy, technicality and specialization, which can only procured from limited suppliers within a particular scope.
“Competitive negotiation procurement” in the proceeding paragraph refers to the procurement way that the procurer and evaluation expert form a negotiating group according to law, and the group chooses more than two from the name list of qualified suppliers and decides the dealing supplier through negotiation.
Article 21 Under any of the following circumstances, the government procurement project may adopt the procurement way of single source procurement:
(1) the emergency project or disaster-relief project confirmed by government, which has sole supplier;
(2) the confidential project identified by secret agency, which has sole supplier;
(3) reorder from the original supplier, in order to guarantee the consistency with the original government procurement project or the matching requirement of service;
(4) other projects with complicacy, technicality and specialization, which has sole supplier.
“Single source procurement” in the proceeding paragraph refers to the procurement way that the procurer, centralized government procurement organ or social procurement agency form a negotiating group according to law and the group decides the dealing supplier through negotiating with the sole supplier.
Article 22 Under any of the following circumstances, the government procurement project may not adopt the procurement way of competitive negotiation or single source procurement:
(1) there is adequate supply for market and the competition is full;
(2) the procurement project, which shall adopt the way of public bidding, is delayed for procurer’s fault;
(3) the procurement project, which adopts the way of competitive negotiation or single source procurement, is objected during public notice and the objection is established;
(4) other circumstances provided by laws and regulations.
Article 23 The government procurement project satisfying the following requirements may adopt the procurement way of competitive bidding:
(1) it belongs to general project with uniform standards;
(2) there is adequate supply for market and the competition is full;
(3) it adopts the evaluation method of bottom price
“Competitive bidding” in the proceeding paragraph refers to the way of procurement that the tendering organ publicly releases information, the suppliers bid, and the tendering organ decides the dealing supplier based on the principle of the bottom price wining the bid.
Article 24 The government procurement project satisfying the following requirements may adopt the way of bid-following procurement:
(1)the circumstance is urgent;
(2)the procurement demand is in accord with the project being followed;
(3)the contract signing date of the project being followed is within a year before the date of issuing the announcement of bid-following procurement, and the price fluctuation is not large;
(4) the cost of public bidding is high.
“Bid-following procurement” in the proceeding paragraph refers to the procurement way that in order to satisfy the urgent demands, the procurer decides the dealing supplier grounded on the information base of bid-following that is set up and managed by the municipal centralized government procurement.
Article 25 The government procurement project satisfying the following requirements and having finished public bidding in accordance with law may be adopted into the information base of bid-following:
(1)the procurement activities are organized and implemented by the centralized government procurement organ of the State, Guangdong Province, or this municipality;
(2)the market price of procurement subject is relatively stable, and the bid price is not higher than average market price;
(3)the procurement project satisfies the State’s requirements and standards of safety, quality, energy conservation and environmental protection;
(4) for the project of goods, the technical parameters configuration is detailed, and for the project of service, the content is clear.
The procurer shall choose the project being followed from the information base of bid-following.
The information base of bid-following shall be set up, maintained and managed by the municipal centralized government procurement and be open to the procurer and the competent department.
Chapter Ⅳ Procedures of government procurement
Article 26 The procurer shall declare to the centralized government procurement organ or social procurement agency (hereinafter referred to as tendering organ) for procurement according to the government procurement plan and these regulations, and clarify the procurement demands. The procurement demands shall meet national, provincial and municipal compulsory standards and the technical specification of government procurement, and shall not exceed configuration standards.
The concrete procedures and contents of procurement declaration shall be otherwise provided by the implementing rules of these Regulations.
The tendering organ shall examine and make written decision on whether or not to accept it within three working days from the date of receiving the declaration materials of government procurement project.
For the accepted government procurement project, the tendering organ shall not remandate it and shall complete the procurement documents within ten working days according to the characteristics of procurement project and procurement demands.
The procurer shall confirm or object the procurement documents within three working days; If the procurer fails to do so, it shall be deemed to confirm. If it proposes objection, the competent department shall deal with it within five working days.
The procurer can not propose amendments after confirming the procurement documents.
Article 27 For the government procurement project, which adopts the way of public bidding, the tendering organ shall issue a bid-winning notice to the winning supplier within twenty-five working days from the date of confirming procurement documents; For the government procurement project, which adopts the ways of closed bidding, the tendering organ shall issue a deal notice to the dealing supplier within twenty working days from the date of confirming procurement documents. Where an extension is necessary because of a special situation, upon approval of the chief person in charge of tendering organ, the time limit can be extended for ten days.
In case that it needs to launch a new public bidding or change the procurement way, the time limit of procurement shall be recalculated.
Article 28 The government procurement that adopts the way of public bidding shall observe the following provisions:
(1)The tendering organ shall publish bidding announcement and bidding documents ten days before the bid closing date;
(2)The supplier is entitled to require the procurer to make a clarification to the bidding documents five days before the bid closing date;
(3)In case of the clarification or amendment to bidding documents, the tendering organ shall notice all the suppliers who have received the bidding documents or the suppliers who responded to bidding three days before the bid closing date and may extend the time of bid closing;
(4)The supplier shall submit bid documents in accordance with the requirements of bidding documents, and the tendering organ shall verify the bidder’s qualifications;
(5)The tendering organ shall organize a evaluation committee before the bid closing date;
(6)The evaluation committee shall evaluate the bid documents and issue written evaluation report, or determine the winning supplier according to the entrustmnet of procurer;
(7)The procurer determines winning supplier from the winning supplier candidates recommended by the evaluation committee according to the principle of separating evaluation and determination, or confirm the winning supplier determined by the evaluation committee according to entrustment;
(8)The tendering organ shall public the bidding result and the publicity time shall not be less than three days.
In case the public bidding is failed for the supplier submitting valid bid is less than three, the tendering organ shall reorganize a public bidding or the government procurement project adopts the ways of closed bidding upon approval of the competent department, except that the procurement is terminated.
Article 29 The government procurement that adopts the way of competitive negotiation shall observe the following provisions:
(1)The negotiating suppliers shall be determined according to the provisions of these regulations;
(2)The tendering organ shall issue negotiating documents to the negotiating suppliers five days before the beginning of negotiation, and the negotiating suppliers shall submit the responding documents before the beginning of negotiation provided in negotiating documents;
(3)The tendering organ shall organize a negotiating group composed of procurer and evaluation expert, not less than three people;
(4)The negotiating group shall issue a negotiating report or determine the dealing supplier according to procurer’s entrustment;
(5)The procurer shall determine the dealing supplier according to the evaluation opinions brought forward by the negotiating group to negotiating suppliers, or shall confirm the dealing supplier determined by negotiating group according to procurer’s entrustment;
(6) The tendering organ shall public the deal result and the publicity time shall not be less than three days.
Article 30 The government procurement that adopts the way of single source procurement shall follow the procedures provided by Article 29 of these regulations.
Article 31 The government procurement that adopts the way of competitive biding shall observe the following provisions:
(1)The tendering organ shall publish procurement documents three days before the beginning of competition and clarify the rules of competition;
(2)The suppliers satisfying the conditions of competition shall submit quotations according to the requirements of competition documents;
(3)The supplier who submits the lowest quotation within the valid period of competition is the dealing supplier.
Article 32 The government procurement that adopts the way of bid-following procurement shall observe the following provisions:
(1)The centralized government procurement organ shall issue the announcement of bid-following procurement and the bidding documents of the project being followed, and the period of announcement shall not be less than five working days;
(2)If there is no opposition to the announcement, the procurer may conclude the contract of government procurement with the supplier of the project being followed according to the substantive terms of the procurement contract of the project being followed;
(3)If there is opposition to the announcement and the opposition is tenable, the centralized government procurement organ shall notify the procurer in written to adopt other procurement ways provided in these regulations.
Article 33 The pre-selection procurement system shall be implemented in government procurement. The administrative measures of pre-procurement shall be otherwise provided by the implementing rules of these Regulations.
The centralized government procurement organ shall determine the strategic partner, agreement supplier, supplying mall, online electronic mall and other pre-selected suppliers through the ways of public bidding, ect, observing the principles of innovation, economy, high efficiency and transparency. The procurer shall determine the dealing supplier from the pre-selected suppliers according to provisions.
Article 34 The government procurement encourages the exploration and implementation of official procurement card system, and expands gradually the application scope of official procurement card settlement in government procurement. Specific measures shall be otherwise provided by the implementing rules of these Regulations.
Article 35 The tendering organ may suspend government procurement project under any of the following circumstances:
(1)There is illegal behavior in procurement activities, and the procurement project can be carried out only after rectification;
(2) Due to force majeure, the procurement project temporarily unable to be carried out;
(3) Other circumstances stipulated by laws and regulations.
The tendering organ shall issue announcement on the same day of deciding the suspension of procurement and inform the procurer and the suppliers participating in procurement in written.
The government procurement project, which is suspended in accordance with the provisions of the preceding paragraph, shall resume the procurement process when the circumstances leading to the suspension have disappeared.
The time of suspension shall not exceed ten days. Where an extension is necessary because of a special situation, the time may be prolonged ten days upon approval of the competent department. The suspension period shall not be included in the procurement period.
Article 36 The tendering organ shall terminate government procurement upon approval of the competent department under any of the following circumstances:
(1)The procurement price is higher than market price and is obvious unreasonable;
(2)The procurement activity will bring serious damage to the interests of the State, society or government procurement participants or result in the invalidity of procurement, if it proceeds;
(3) Due to force majeure, the procurement task can not be achieved;
(4) Other circumstances stipulated by laws and regulations.
The tendering organ shall issue announcement on the same day of deciding the termination of procurement and inform the procurer and the suppliers participating in procurement in written.
The terminated government procurement project shall be cancelled.
Chapter Ⅴ Contract of Government Procurement
Article 37 The procurer and the supplier shall conclude the contract of government procurement in ten working days from the date of issuing bid-winning notice or deal notice according to the events identified in procurement documents. The substantive content of procurement contract shall accord with the provisions of procurement documents.
For the events not stimulated or not clearly stimulated in government procurement contract, the procurer and the supplier may conclude supplement agreement through consultation. The supplement agreement shall not alter the substantive content of procurement contract.
The procurer shall send a duplicate of procurement contract to centralized government procurement organ for record within ten days from the conclusion of government procurement contract.
Article 38 The deadline for the performance of government procurement contract of long-term goods shall not exceed twenty-four months, and the deadline for the performance of government procurement contract of long-term service shall not exceed thirty-six months. Where an extension is necessary because of a special situation, the time may be extended appropriately upon approval of the competent department, and the extended period shall not be more than six months at most.
The high-quality suppliers of government procurement contract of long-term service shall be applicable to the reward system of contract extension. Specific measures for the submission, period and assessment of contract extension shall be otherwise provided by the implementing rules of these Regulations
Article 39 The procurer shall organize the check and acceptance timely, according to the standards and methods provided by procurement documents and government procurement contract.
The procurer and the supplier shall feed back the performance of government procurement contract and suggestions relevant to government procurement to centralized government procurement organ within thirty days from the date of fulfillment of procurement contract.
Article 40 During the performance of government procurement contract, if the procurer increases the procurement of the same goods, works or service as contract object, it can conclude supplementary procurement contract with the supplier through consultation upon approval of the competent department. The amount of supplementary procurement contract shall not exceed ten percent of original contract amount, and the total contract amount shall not exceed original planned amount.
Chapter Ⅵ Question and Complaint
Article 41 If the supplier who participates in government procurement considers that its own interests is damaged in procurement activities, it shall raise questions to the procurer, centralized government procurement organ or social procurement agency(hereinafter referred to as the questioned party) in written within five days after it knows or should know that its interests is damaged.
The questioned party shall answer the questioning supplier in written on the questioned events within ten days from the date of receiving written questioning documents.
Article 42 If the questioning supplier is not satisfied with the answer of the questioned party or the questioned party fails to answer in stimulated time, it may complain to the competent department within fifteen days from receiving the answer or the expirt date of answering.
The event complained by supplier shall be the one having been questioned.
Article 43 After receiving the supplier’s complaint, the competent department shall examine it in time. If it meets the conditions, the competent department shall accept it on the spot. If it doesn’t meet the conditions, the competent department shall not accept it and shall inform the complaining supplier in written. If it can not be accepted on the spot, the competent department shall decide whether to accept it or not within three working days from the date of receiving the application for complaint, and inform the complaining supplier in written.
Article 44 The competent department shall make a written decision and inform the complaining supplier within twenty working days from the date of accepting the complaint. Under complicated circumstances, the prescribed period may be extended appropriately upon approval of the chief executive of the competent department. The extended period shall not be more than ten working days at most.
The government procurement activities shall not be suspended during the period of question or complaint handling, except that the competent department considers necessary.
Article 45 Other participant of government procurement except the supplier, if considers that the government procurement activities damage its own interests, may complain to the competent department. The competent department shall deal with it according to law, or transfer to the other departments concerned if it falls outside the remit of its own.
Chapter Ⅻ Supervision and Administration
Article 46 The competent department shall perform the following duties:
(1)enforcing the laws, regulations and relevant provisions of government procurement, making government procurement policies and standards, setting up and perfecting the management system of government procurement;
(2) drawing up the government procurement plan of this level and supervising its implementation;
(3)conducting the examination and approval of government procurement according to the provisions of these regulations;
(4) organizing relevant departments to convene a joint meeting of government procurement, establishing a cooperation mechanism, supervising and inspecting government procurement activities, and dealing with complaint and report;
(5)organizing the information construction and information statistic of government procurement;
(6)organizing to establish a citywide evaluation expert database, and managing the evaluation experts;
(7)organizing the training and assessment to government procurement officer, centralized government procurement organ and social procurement agency;
(8)directing and supervising the industry self-disciplining organization of government procurement;
(9)other duties provided by laws, regulations and municipal government regulations.
Article 47 The competent department shall set up an perfect the supervision and inspection system of special inspection, key inspection and etc, supervise and administer the government procurement activities.
The competent department shall set up a coordination mechanism of departments as well as an information exchange and sharing platform, jointly with the supervision, audit, market supervision and other relevant departments.
The participants of government procurement and other relevant staff shall cooperate the supervision and inspection of the competent department, and shall not obstruct or resist the inspection.
Article 48 The following items of government procurement shall be approved by the competent department:
(1)the project that shall adopts the way of public bidding is procured through the ways of closed bidding;
(2)the project that shall adopts the way of centralized procurement is procured through self procurement;
(3)procuring import goods, works or service;
(4)extending the period of long-term procurement contract;
(5)increasing the object of procurement contract during the performance of procurement contract;
(6)extending the suspension period of procurement;
(7)terminating a procurement;
(8)other items stipulated by laws and regulations.
Article 49 In case of abnormal situation in government procurement, the competent department shall give warning to the procurer, centralized government procurement organ or social procurement agency.
Article 50 The municipal competent department shall set up and perfect the administration and assessment mechanism to social procurement agency, evaluation expert and supplier by establishing credit file, formulating codes of conduct and other ways, jointly with the municipal centralized government agency.
The social procurement agency, evaluation expert and supplier, who are punished for the violation of law, regulations or rules in the government procurement activities, shall be recorded in their credit file and publicized to the society.
The honest and law-biding social procurement agency, evaluation expert and supplier shall be commended.
Article 51 The information and execution of government procurement shall be released duly, comprehensively, authentically, accurately on the website designated by the municipal competent department or other medias, except for those involving state secrets or trade secrets.
Article 52 The government procurement shall be subject to public supervision. Any organization or individual has a right to impeach and accuse the illegal behaviors in government procurement, and relevant department shall deal with it timely. If the impeached or accused matters is verified true and major, the accusant should be rewarded by the competent department or relevant departments.
The municipal competent department shall set up the supervisor system of government procurement to supervise the government procurement activities.
Article 53 The municipal government shall report annually to the Standing Committee of Municipal People's Congress on the implementation of last year’s government procurement.
Chapter Ⅷ Legal Liability
Article 54 If the procurer and its staff have one of the following activities in government procurement, the person in charge of the unit, the directly responsible person in charge and other directly liable person shall be given administrative sanctions in accordance with law and be circulated a notice by the competent department or relevant departments. If losses are caused to others, they shall bear compensation responsibility in accordance with law. If they are suspected of committing a crime, they shall be transferred to the judicial organ for treatment:
(1)avoiding centralized procurement or public bidding;
(2) conducting a procurement beyond standards or conducting a procurement outside procurement plan;
(3)procuring import goods, works or service without approval;
(4)failing to withdraw from the procurement activities while they should have withdrawn;
(5)failing to decide or confirm the winning or dealing supplier in accordance with provisions of these regulations;
(6)increasing the object of procurement contract without approval when performing government procurement contract;
(7)concluding with other procurement participants and deciding internally the winning or dealing supplier;
(8)failing to organize the check and acceptance of procurement project, conclude or perform procurement contract, in accordance with the provisions of these regulations;
(9) asking for or accepting bribery or other illegitimate interests;
(10)obstructing or resisting the administration and inspection of the competent department;
(11)other activities violating the provisions of these regulations.
With the conduct stated in item ( 6) of the previous paragraph, the increased procurement shall be nullified.
Article 55 If the centralized government procurement organ and its staff have one of the following activities in government procurement, the directly responsible person in charge and other directly liable person shall be given administrative sanctions in accordance with law and be circulated a notice by the competent department or relevant departments. If losses are caused to others, they shall bear compensation responsibility in accordance with law. If they are suspected of committing a crime, they shall be transferred to the judicial organ for treatment:
(1)failing to perform duties provided in these regulations and causing serious consequences;
(2) failing to withdraw from the procurement activities while they should have withdrawn;
(3)remandating procurement project;
(4)procuring import goods, works or service without approval;
(5) conducting a procurement beyond standards or conducting a procurement outside procurement plan;
(6)failing to comply with the prescribed procedures when organizing and implementing procurement;
(7) concluding with other procurement participants and deciding internally the winning or dealing supplier;
(8) asking for or accepting bribery or other illegitimate interests;
(9) obstructing or resisting the administration and inspection of the competent department;
(10) other activities violating the provisions of these regulations.
Article 56 If the social procurement agency has one of the following activities in government procurement, the social procurement agency and the person in charge of the unit, the directly responsible person in charge and other directly liable person shall be circulated a notice of criticism, be recorded in the credit file of social procurement agency, and be fined no less than 10,000 yuan but no more than 100,000 yuan by the competent department. If the circumstances are serious, it shall be disqualified as a government procurement agency in this city and be recorded in the credit file of social procurement agency, and be fined no less than100,000 yuan but no more than 200,000 yuan. If losses are caused to others, it shall bear compensation responsibility in accordance with law. If it is suspected of committing a crime, it shall be transferred to the judicial organ for treatment:
(1) avoiding centralized procurement or public bidding;
(2) conducting a procurement beyond standards or conducting a procurement outside procurement plan;
(3)procuring import goods, works or service without approval;
(4)failing to withdraw from the procurement activities while they should have withdrawn;
(5) remandating procurement project;
(6) concluding with other procurement participants and deciding internally the winning or dealing supplier;
(7) failing to comply with the prescribed procedures when organizing and implementing procurement;
(8) asking for or accepting bribery or other illegitimate interests;
(9) obstructing or resisting the administration and inspection of the competent department;
(10) other activities violating the provisions of these regulations.
Article 57 If the supplier has one of the following activities in government procurement, it shall be banned from government procurement of this city within one to three years, be recorded in the credit file of supplier, and be fined no less than ten-thousandths but no more than twenty-thousandths of the procurement amount by the competent department. If the circumstances are serious, it shall be disqualified to participate in the government procurement in this city, be fined no less than twenty-thousandths but no more than thirty-thousandths of the procurement amount, and be revoked its business license by the market supervision department according to law. If losses are caused to others, it shall bear compensation responsibility in accordance with law. If it is suspected of committing a crime, it shall be transferred to the judicial organ for treatment:
(1) failing to withdraw from the procurement activities while it should have withdrawn;
(2)failing to conclude or perform procurement contract in accordance with the provisions of these regulations and causing serious consequences;
(3)concealing the truth and submitting false documents;
(4)excluding the competition of other suppliers with illegal means;
(5)concluding with other procurement participants in bid;
(6)complaining maliciously;
(7)offering bribes or other illegitimate interests to the party involved in procurement project;
(8) obstructing or resisting the administration and inspection of the competent department;
(9) other activities violating the provisions of these regulations.
Article 58 If the evaluation expert has one of the following activities in government procurement, he shall be circulated a notice of criticism, disqualified as a evaluation expert of government procurement, be recorded in the credit file of evaluation expert by the competent department. If losses are caused to others, it shall bear compensation responsibility in accordance with law. If he is suspected of committing a crime, he shall be transferred to the judicial organ for treatment:
(1)arbitrarily trust others to participate in evaluation as a substitute;
(2) violating the procurement secrecy provisions and disclosing procurement information;
(3) failing to withdraw from the procurement activities while he should have withdrawn;
(4)failing to comply with the evaluation method and standards provided by laws and regulations when evaluating;
(5)concluding with other procurement participants to decide internally the winning or dealing supplier;
(6) asking for or accepting bribery or other illegitimate interests;
(7) obstructing or resisting the administration and inspection of the competent department;
(8) other activities violating the provisions of these regulations.
Article 59 If the competent department and its staff have one of the following activities, the directly responsible person in charge and other directly liable person shall be given administrative sanctions in accordance with law and be circulated a notice by the competent department or relevant departments. If losses are caused to others, they shall bear compensation responsibility in accordance with law. If they are suspected of committing a crime, they should be transferred to the judicial organ for treatment:
(1) failing to withdraw from the procurement activities while they should have withdrawn;
(2)arbitrarily adding the approval of government procurement project or adding new procedure or conditions of approval;
(3)concluding with procurement participants to decide internally the winning or dealing supplier;
(4) asking for or accepting bribery or other illegitimate interests;
(5) abusing their power or neglecting their duties;
(6) other activities violating the provisions of these regulations.
Article 60 The bid-winning or deal shall be invalid under any of the following circumstances if it effects the result of bid-winning or deal:
(1) avoiding centralized procurement or public bidding;
(2) conducting a procurement beyond standards or conducting a procurement outside procurement plan;
(3)procuring import goods, works or service without approval;
(4)concluding with other procurement participants to decide internally the winning or dealing supplier;
(5)excluding the competition of other suppliers with illegal means;
(6) concealing the truth and submitting false documents;
(7) remandating the procurement project;
(8) failing to confirm the winning or dealing supplier in accordance with provisions of these regulations;
(9) arbitrarily trust others to participate in evaluation as a substitute;
(10) violating the procurement secrecy provisions and disclosing procurement information;
(11) failing to withdraw from the procurement activities while the party concerned should have withdrawn;
(12)offering, asking for or accepting bribery or other illegitimate interests.
The government procurement shall be handled as follows, if the bid-winning or deal is invalid according to the provisions of these regulations:
(1)if procurement contract has not been concluded yet, it shall not be concluded, and the bid-winning notice or deal notice shall be withdrew;
(2) if the procurement contract has been concluded but has not been performed or is being performed, it shall not be performed or shall be terminated the performance;
(3)if the procurement contract has been performed or can not be terminated, the civil liability shall be assumed according to law.
Chapter Ⅸ Supplementary Provisions
Article 61 “Districts” in these regulations include the administrative districts of Guangming, Pingshan, Longhua, Dapeng and etc.
Written answer and notice provided in these regulations include E-mail or short message. The announcement provided in these regulations may be issued at the designated website.
Article 62 The municipal people’s government shall enact the implementing rules within six months since the implementation of these regulations.
Article 63 These regulations shall go into effect as of March 1, 2012.
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