Chapter 1 General Provisions
Chapter 2 Government Procurement Parties
Chapter 3 Government Procurement Methods
Chapter 4 Government Procurement Procedures
Chapter 5 Government Procurement Contract
Chapter 6 Questions and Complaints
Chapter 7 Supervision and Inspection
Chapter 8 Legal Liability
Chapter 9 Supplementary Provisions
Legal provisions
Chapter 1 General Provisions
Article 1: To regulate government procurement,Improve the efficiency of use of government procurement funds,Safeguard national interests and social public interests,Protect the legitimate rights and interests of government procurement parties,Promote the construction of clean government,Enact this law。
Article 2 This Law shall apply to government procurement conducted within the territory of the People’s Republic of China。
Government procurement as referred to in this law,Refers to state agencies at all levels、Public institutions and groups,Use fiscal funds to purchase goods within the centralized procurement catalog formulated in accordance with the law or above the procurement quota、Conduct of Engineering and Services。
The government centralized procurement catalog and procurement quota standards are formulated in accordance with the authority specified in this law。
Procurement as referred to in this Law,refers to obtaining goods for a fee through a contract、Conduct of Engineering and Services,Includes purchase、Leasing、Delegation、Employment, etc.。
Goods as referred to in this Law,Refers to various forms and types of items,Including raw materials、Fuel、Equipment、Products, etc.。
Projects as referred to in this Law,refers to construction project,Includes new construction of buildings and structures、Renovation、Expansion、Decoration、Demolition、Repairs, etc.。
Services as referred to in this Law,Refers to other government procurement objects except goods and projects。
Article 3 Government procurement should follow the principle of openness and transparency、Principle of fair competition、Principle of justice and principle of good faith。
Article 4: Bidding for government procurement projects,Tendering and Bidding Law Applicable。
Article 5: No unit or individual may use any method,Obstructing and restricting suppliers from freely entering the government procurement market in this region and industry。
Article 6: Government procurement shall be carried out in strict accordance with the approved budget。
Article 7: Government procurement shall implement a combination of centralized procurement and decentralized procurement。The scope of centralized procurement is determined by the centralized procurement catalog published by the people's government at or above the provincial level。
Government procurement projects belonging to the central budget,The centralized procurement catalog is determined and announced by the State Council;Government procurement projects belonging to local budgets,The centralized purchasing catalog is determined by the province、Autonomous Region、Determined and announced by the people's government of the municipality directly under the Central Government or its authorized agency。
Government procurement projects included in the centralized procurement catalog,Centralized procurement should be implemented。
Article 8 Government Procurement Limit Standards,Government procurement projects belonging to the central budget,Determined and announced by the State Council;Government procurement projects belonging to local budgets,By province、Autonomous Region、Determined and announced by the people's government of the municipality directly under the Central Government or its authorized agency。
Article 9 Government procurement should help achieve the country’s economic and social development policy goals,Including protecting the environment,Support underdeveloped areas and minority areas,Promote the development of small and medium-sized enterprises, etc.。
Article 10 Government procurement shall purchase domestic goods、Engineering and Services。Except for one of the following circumstances:
(1) Goods to be purchased、The project or service cannot be obtained in China or cannot be obtained on reasonable commercial terms;
(2) Procurement for use outside China;
(3) Other laws and administrative regulations provide otherwise.
Domestic goods as mentioned in the preceding paragraph、Definition of projects and services,Implemented in accordance with relevant regulations of the State Council。
Article 11 Government procurement information shall be released to the public in a timely manner on the media designated by the government procurement supervision and management department,Except those involving trade secrets。
Article 12 In government procurement activities,Purchasing personnel and related personnel who have an interest in suppliers,Must avoid。The supplier believes that purchasing personnel and related personnel have interests in other suppliers,You can apply for avoidance。
Relevant persons referred to in the preceding paragraph,Including members of the bid evaluation committee in bidding and procurement,Members of the negotiation team in competitive negotiation procurement,Members of the inquiry team in inquiry procurement。
Article 13: The financial departments of people’s governments at all levels are the departments responsible for the supervision and management of government procurement,Perform supervision and management responsibilities for government procurement activities in accordance with the law。
Other relevant departments of the people's governments at all levels perform supervisory and management responsibilities related to government procurement activities in accordance with the law。
Chapter 2 Government Procurement Parties
Article 14: Government procurement parties refer to various entities that enjoy rights and assume obligations in government procurement activities,Including purchaser、Suppliers and purchasing agencies, etc.。
Article 15 The purchaser refers to the state agency that conducts government procurement in accordance with the law、Public institution、Group organization。
Article 16: Centralized procurement agencies are procurement agencies。City divided into districts、People's governments above autonomous prefectures shall establish centralized procurement agencies based on the needs of organizing centralized procurement for government procurement projects at the same level。
The centralized purchasing organization is a non-profit legal person,Handle procurement matters as entrusted by the purchaser。
Article 17 Centralized procurement agencies conduct government procurement activities,The purchase price should be lower than the average market price、More efficient procurement、Requirements for good purchasing quality and good service。
Article 18: The purchaser purchases government procurement items included in the centralized procurement catalog,Must entrust a centralized purchasing agency to purchase as an agent;Purchasing government procurement projects that are not included in the centralized procurement catalog,You can purchase it yourself,You can also entrust a centralized procurement agency to act as an agent for procurement within the scope of entrustment。
General government procurement items included in the centralized procurement catalog,A centralized procurement agency should be entrusted with procurement;Belongs to this department、This system has special requirements for projects,Department centralized procurement should be implemented;Projects that our unit has special requirements,Approved by the people's government at or above the provincial level,You can purchase it yourself。
Article 19 The purchaser may entrust a procurement agency other than the centralized procurement agency,Handling government procurement matters within the scope of entrustment。
The purchaser has the right to choose the purchasing agency,No unit or individual may designate a purchasing agency for the purchaser in any way。
Article 20: The purchaser entrusts a procurement agency to handle procurement matters in accordance with the law,The purchaser and the purchasing agency shall sign an agency agreement,Determining matters concerning entrustment of agents in accordance with the law,Agreement on the rights and obligations of both parties。
Article 21 The supplier provides goods to the purchaser、Legal person for project or service、Other organizations or natural persons。
Article 22: Suppliers bet365 live slot machineparticipating in government procurement activities shall meet the following conditions:
(1) Have the ability to independently bear civil liability;
(2) Have good business reputation and sound financial accounting system;
(3) Having the necessary equipment and professional technical capabilities to perform the contract;
(4) Have a good record of paying taxes and social security funds in accordance with the law;
(5) Within three years before bet365 live slot machineparticipating in government procurement activities,No major illegal records in business activities;
(6) Other conditions stipulated by laws and administrative regulations.
The purchaser can meet the special requirements of the procurement project,Stipulates specific conditions for suppliers,However, no differential treatment or discriminatory treatment is allowed against suppliers under unreasonable conditions。
Article 23 The purchaser may require suppliers bet365 live slot machineparticipating in government procurement to provide relevant qualification certification documents and performance information,And in accordance with the supplier conditions and procurement project specific requirements for suppliers stipulated in this law,Review supplier qualifications。
Article 24 Two or more natural persons、Legal persons or other organizations can form a consortium,Jointly participate in government procurement as a supplier。
Government procurement in the form of a consortium,All suppliers participating in the consortium shall meet the conditions specified in Article 22 of this Law,And the joint agreement shall be submitted to the purchaser,State the work and obligations of each party in the consortium。All parties to the consortium shall jointly sign a procurement contract with the purchaser,Be jointly and severally liable to the purchaser for the matters agreed in the procurement contract。
Article 25: Government procurement parties shall not collude with each other to harm national interests、Social public interests and the legitimate rights and interests of other parties;Do not exclude other suppliers from competing by any means。
Suppliers are not allowed to disclose information to purchasers、Purchasing agency、Members of the Bid Evaluation Committee、Competitive Negotiation Team Members、The members of the inquiry team bribed or used other improper means to win the bid or close the deal。
Procurement agencies shall not bribe purchasers or use other improper means to seek illegal benefits。
Chapter 3 Government Procurement Methods
Article 26 Government procurement shall adopt the following methods:
(1) Public bidding;
(2) Invitation to bid;
(3) Competitive negotiation;
(4) Single source procurement;
(5) Inquiry;
(6) Other procurement methods recognized by the government procurement supervision and management department of the State Council。
Public bidding should be used as the main procurement method for government procurement.
Article 27 The purchaser shall use public bidding to purchase goods or services,The specific amount standard,Government procurement projects belonging to the central budget,Stipulated by the State Council;Government procurement projects belonging to local budgets,By province、Autonomous Region、Regulations of the Municipal People’s Government;Purchasing methods other than public bidding are required due to special circumstances,Districted municipalities should be obtained before procurement activities begin、Approval from the procurement supervision and management department of the people's government above the autonomous prefecture。
Article 28 The purchaser shall not break the goods or services that should be purchased through public bidding into parts or avoid public bidding and procurement in any other way。
Article 29 Goods or services that meet one of the following circumstances,Procurement by invitation to bid can be used in accordance with this law:
(1) Particularity,Can only be purchased from a limited range of suppliers;
(2) The cost of using public bidding accounts for an excessively large proportion of the total value of government procurement projects。
Article 30 Goods or services that meet one of the following circumstances,Competitive negotiation may be used for procurement in accordance with this law:
(1) After the bidding, no supplier bids or there is no qualified bid or the re-bidding fails to be established;
(2) Technically complex or special in nature,Unable to determine detailed specifications or specific requirements;
(3) The time required for bidding cannot meet the urgent needs of users;
(4) The total price cannot be calculated in advance.
Article 31 Goods or services that meet one of the following circumstances,Single source procurement may be used in accordance with this law:
(1) Can only be purchased from the only supplier;
(2) Unable to purchase from other suppliers due to unforeseen emergencies;
(3) The consistency of the original procurement project or the requirements for supporting services must be ensured,Need to continue purchasing from the original supplier,And the total additional purchase funds shall not exceed 10% of the original contract purchase amount。
Article 32 Specifications of purchased goods、Unified standards、Government procurement projects with sufficient spot supply and small price changes,You can purchase by inquiry method in accordance with this law。
Chapter 4 Government Procurement Procedures
Article 33: The department responsible for preparing departmental budgets shall prepare departmental budgets for the next fiscal year,The government procurement projects and fund budget for the fiscal year should be listed,Report to the financial department at the same level for summary。Approval of department budget,According to budget management authority and procedures。
Article 34: Goods or services are procured through invitational bidding,The purchaser should choose from suppliers that meet the corresponding qualifications,Select more than three suppliers randomly,and send a bidding invitation to it。
Article 35: Goods and services are procured through bidding,From the date the bidding documents are issued to the deadline for bidders to submit bidding documents,Not less than twenty days。
Article 36 During bidding and procurement,One of the following situations occurs,The bid should be cancelled:
(1) There are less than three suppliers that meet professional qualifications or provide substantive responses to the bidding documents;
(2) Violations that affect procurement fairness、violation;
(3) The bidders’ quotations exceeded the procurement budget,The purchaser cannot pay;
(4) The procurement task is canceled due to major changes.
After scrapping the bid,The purchaser shall notify all bidders of the reasons for canceling the bid。
Article 37 After scrapping the bid,Except for cancellation of procurement tasks,Tendering should be reorganized;Need to purchase by other means,Districted municipalities should be obtained before procurement activities begin、Approved by the procurement supervision and management department of the people's government above the autonomous prefecture or relevant government departments。
Article 38 Procurement using competitive negotiation,The following procedures should be followed:
(1) Establishing a negotiation team。The negotiation team shall consist of an odd number of three or more persons including representatives of the purchaser and relevant experts,The number of experts shall not be less than two-thirds of the total members。
(2) Formulate negotiation documents。Negotiation documents should clarify the negotiation procedures、Negotiation content、The terms of the draft contract and the criteria for evaluating the transaction, etc.。
(3) Determine the list of suppliers to be invited to participate in negotiations。The negotiation team determines no less than three suppliers from the list of suppliers that meet the corresponding qualifications to participate in the negotiation,And provide them with negotiation documents。
(4) Negotiation。All members of the negotiation team focus on negotiating with a single supplier。Under negotiation,No party to the negotiation shall disclose the technical information of other suppliers related to the negotiation、Price and other information。There are substantial changes in the negotiation documents,The negotiating team shall notify all suppliers participating in the negotiation in writing。
(5) Determine the supplier。After the negotiation,Bet365 Online Live DealerThe negotiation team should require all suppliers participating in the negotiation to make final quotations within the specified time,The purchaser selects the deal candidates proposed by the negotiation team based on the purchase requirements、The supplier will be determined based on the principle of equal quality and service and the lowest quotation,And notify all unconcluded suppliers participating in the negotiation of the results。
Article 39 Procurement from a single source,Purchasers and suppliers shall abide by the principles stipulated in this law,Purchase on the basis of ensuring the quality of the procurement project and the reasonable price agreed upon by both parties。
Article 40 Procurement by inquiry,The following procedures should be followed:
(1) Establish an inquiry group。The inquiry team shall consist of an odd number of three or more persons including representatives of the purchaser and relevant experts,The number of experts shall not be less than two-thirds of the total members。The inquiry team shall stipulate the price composition of the procurement project and the criteria for evaluating the transaction。
(2) Determine the list of suppliers to be inquired。Inquiry team based on purchasing needs,Determine no less than three suppliers from the list of suppliers that meet the corresponding qualifications,And send an inquiry notice to them for quotation。
(3) Inquiry。The inquiry team requires the supplier being inquired to quote a price that cannot be changed。
(4) Determine the supplier。The purchaser shall meet the purchasing requirements、The supplier will be determined based on the principle of equal quality and service and the lowest quotation,And notify all unconcluded suppliers who were inquired of the result。
Article 41 The purchaser or the purchasing agency entrusted by it shall organize the acceptance of the supplier's performance。Large or complex government procurement projects,Nationally recognized quality inspection agencies should be invited to participate in the acceptance work。Members of the accepting party shall sign the acceptance letter,And bear corresponding legal responsibilities。
Article 42 Purchaser、Procurement agencies should properly preserve the procurement documents for each procurement activity of government procurement projects,No counterfeiting、Change、Hide or destroy。The retention period of procurement documents is at least fifteen years from the date of completion of procurement。
Procurement documents include records of procurement activities、Purchasing budget、Tender documents、Bid documents、Bid evaluation criteria、Evaluation Report、Calibration file、Contract text、Acceptance Certificate、Question and reply、Complaint handling decisions and other relevant documents、Information。
Procurement activity records should at least include the following content:
(1) Procurement project category and name;
(2) Procurement project budget, fund composition and contract price;
(3) Procurement method,Using procurement methods other than public bidding,The reason should be stated;
(4) Conditions and reasons for inviting and selecting suppliers;
(5) Bid evaluation criteria and reasons for determining the winning bidder;
(6) Reasons for canceling the bid;
(7) Corresponding records of procurement methods other than bidding.
Chapter 5 Government Procurement Contract
Article 43 Government procurement contracts shall be governed by contract law。Rights and obligations between purchasers and suppliers,Should be based on equality、The principle of voluntariness shall be agreed upon in a contract。
Purchasers can entrust a procurement agency to sign government procurement contracts with suppliers on their behalf。The contract is signed by the purchasing agency in the name of the purchaser,A power of attorney from the purchaser must be submitted,As an attachment to the contract。
Article 44 Government procurement contracts shall be in written form。
Article 45: The government procurement supervision and management department of the State Council shall work together with the relevant departments of the State Council,Stipulates the terms that must be included in government procurement contracts。
Article 46 Purchaser and winning bid、The supplier should win the bid after the transaction is completed、Within thirty days from the date of issuance of the transaction notice,Sign a government procurement contract in accordance with the matters determined in the procurement documents。
Winning bid、Transaction notice to purchaser and winning bidder、All suppliers in the transaction have legal effect。Winning bid、After the transaction notice is issued,The purchaser changed the bid and won the bid、Transaction result,Or winning bid、The supplier gave up the bid、Transaction items,Should bear legal responsibility according to law。
Article 47: Procurement contracts for government procurement projects shall be issued within seven working days from the date of signing,The purchaser shall submit a copy of the contract to the government procurement supervision and management department and relevant departments at the same level for record。
Article 48 With the consent of the purchaser,Winning bid、The supplier can perform the contract through subcontracting in accordance with the law。
Subcontracted performance of government procurement contracts,Winning bid、The supplier shall be responsible to the purchaser for procurement projects and subcontracting projects,Subcontracted suppliers bear responsibility for subcontracted projects。
Article 49 Government Procurement Contract in Progress,The purchaser needs to add goods that are the same as the subject of the contract、Engineering or service,Without changing other terms of the contract,You can negotiate and sign a supplementary contract with the supplier,However, the purchase amount of all supplementary contracts shall not exceed 10% of the original contract purchase amount。
Article 50 The parties to a government procurement contract shall not make any changes without authorization、Suspend or terminate the contract。
The continued performance of government procurement contracts will harm national interests and social public interests,Both parties should change、Suspend or terminate the contract。The party at fault shall bear the liability for compensation,Both parties are at fault,Each one bears corresponding responsibilities。
Chapter 6 Questions and Complaints
Article 51: Suppliers have questions about government procurement activities,You can ask the purchaser,The purchaser shall respond promptly,But the content of the reply shall not involve trade secrets。
Article 52: Supplier considers procurement documents、Procurement Process and Winning Bid、Those whose rights and interests are harmed as a result of the transaction,You can within seven working days from the date when you know or should know that your rights and interests have been harmed,Raise doubts to the purchaser in writing。
Article 53 The purchaser shall respond within seven working days after receiving the supplier’s written query,And notify the questioning supplier and other relevant suppliers in writing,But the content of the reply shall not involve trade secrets。
Article 54 The purchaser entrusts the procurement agency to purchase,Suppliers can make inquiries or questions to the purchasing agency,The purchasing agency shall comply with Article 51 of this Law、Reply to the provisions of Article 53 on matters within the scope of authorization of the purchaser。
Article 55: Questioning suppliers against purchasers、The purchasing agency’s reply is not satisfactory or the purchaser、The purchasing agency failed to respond within the specified time,You can complain to the government procurement supervision and management department at the same level within fifteen working days after the expiration of the reply period。
Article 56: The government procurement supervision and management department shall within thirty working days after receiving the complaint,Make decisions on handling complaints,And notify the complainant and the parties related to the complaint in writing。
Article 57 During the period when the government procurement supervision and management department handles complaints,The purchaser may be notified in writing to suspend procurement activities depending on the specific circumstances,However, the maximum suspension period shall not exceed thirty days。
Article 58: The complainant is dissatisfied with the complaint handling decision of the government procurement supervision and management department or the government procurement supervision and management department fails to handle the complaint within the time limit,You can apply for administrative reconsideration or file Bet365 sportsbook reviewan administrative lawsuit with the People’s Court in accordance with the law。
Chapter 7 Supervision and Inspection
Article 59: The government procurement supervision and management department shall strengthen the supervision and inspection of government procurement activities and centralized procurement agencies。
The main contents of supervision and inspection are:
(1) Laws related to government procurement、Implementation of administrative laws and regulations;
(2) Procurement Scope、Implementation of procurement methods and procurement procedures;
(3) Professional qualities and professional skills of government procurement personnel.
Article 60: Government procurement supervision and management departments shall not set up centralized procurement agencies,Not allowed to participate in procurement activities of government procurement projects。
Procurement agencies and administrative agencies must not have any affiliation or other interest relationship。
Article 61 Centralized procurement agencies shall establish and improve internal supervision and management systems。The decision-making and execution procedures for procurement activities should be clear,And supervise each other、Mutual constraints。Personnel handling procurement and responsible for review of procurement contracts、The responsibilities and authority of the acceptance personnel should be clear,and separated from each other。
Article 62 Procurement personnel of centralized procurement agencies shall have relevant professional qualities and professional skills,Meet the requirements for professional positions specified by the government procurement supervision and management department。
Centralized procurement agencies should strengthen education and training for their staff;Professional level of purchasing personnel、Regular assessment of work performance and professional ethics。Purchasing personnel who failed the assessment,Not allowed to continue serving。
Article 63: Procurement standards for government procurement projects should be made public。
Using the procurement method stipulated in this law,The purchaser after the purchase activity is completed,The procurement results should be announced。
Article 64: Purchasers must make purchases in accordance with the procurement methods and procedures stipulated in this law。
No unit or individual may violate the provisions of this law,Require purchasers or procurement staff to purchase from their designated suppliers。
Article 65: The government procurement supervision and management department shall inspect the procurement activities of government procurement projects,Parties involved in government procurement shall truthfully report the situation,Provide relevant materials。
Article 66: The government procurement supervision and management department shall monitor the procurement prices of centralized procurement agencies、Effect of saving money、Service quality、Reputation Status、Assessment on whether there are any illegal activities and other matters,And regularly announce the assessment results truthfully。
Article 67 In accordance with the law、Relevant government departments responsible for administrative supervision of government procurement according to administrative regulations,Should divide work according to their responsibilities,Strengthen supervision of government procurement activities。
Article 68: The audit agency shall conduct audit supervision on government procurement。Government Procurement Supervision and Management Department、Relevant government procurement activities of various parties in government procurement,Should accept the audit supervision of the audit agency。
Article 69: Supervisory agencies shall strengthen supervision of state agencies involved in government procurement activities、State civil servants and other personnel appointed by state administrative agencies carry out supervision。
Article 70 Illegal acts by any unit or individual in government procurement activities,Right to accuse and report,Relevant departments、Organizations should handle it in a timely manner in accordance with their respective responsibilities。
Chapter 8 Legal Responsibilities
Article 71 Purchaser、The purchasing agency has one of the following situations,Ordered to make corrections within a time limit,Give warning,Can also impose a fine,To the directly responsible supervisor and other directly responsible personnel,Penalty shall be imposed by its administrative department or relevant agency,And notify:
(1) Public bidding should be adopted but other procurement methods are used without authorization;
(2) Raising procurement standards without authorization;
(3) Implementing differential or discriminatory treatment against suppliers under unreasonable conditions;
(4) Negotiating with bidders during the bidding and procurement process;
(5) Winning bid、No winning bid will be awarded after the transaction notice is issued、The supplier signed the purchase contract;
(6) Refusing relevant departments to carry out supervision and inspection in accordance with the law.
Article 72 Purchaser、The purchasing agency and its staff have one of the following situations,Constituting a crime,Pursuing criminal responsibility according to law;Not yet a crime,Impose a fine,Those with illegal gains,Illegal gains shall also be confiscated,Belonging to state agency staff,Administrative sanctions in accordance with the law:
(1) Malicious collusion with suppliers or purchasing agencies;
(2) Accepting bribes or obtaining other improper benefits during the procurement process;
(3) Providing false information during the supervision and inspection carried out by relevant departments in accordance with the law;
(4) Leaking the bottom bid before the bid opening.
Article 73: Any of the first two illegal acts affects winning the bid、The transaction result may affect the winning bid、Transaction result,Handle according to the following situations:
(1) Undetermined bidder、Transaction supplier,Termination of purchasing activities;
(2) Winning Bid、The supplier has been determined but the purchase contract has not yet been fulfilled,Cancellation of contract,Winning bid from qualified、The winning bidder will be determined separately among the candidates、Transaction supplier;
(3) The purchase contract has been performed,To the purchaser、Losses caused by suppliers,The responsible person shall bear the liability for compensation。
Article 74 The purchaser shall implement centralized procurement for government procurement projects,Do not entrust centralized procurement agencies to implement centralized procurement,Ordered to make corrections by the government procurement supervision and management department;Refuse to correct,Stop paying it budgeted funds,The person directly in charge and other directly responsible persons shall be punished by the superior administrative department or relevant authorities in accordance with the law。
Article 75: The purchaser fails to publish the procurement standards and procurement results of government procurement projects in accordance with the law,Ordered to correct,The directly responsible person in charge shall be punished in accordance with the law。
Article 76 Purchaser、The purchasing agency violated the provisions of this law and concealed、Destroy procurement documents that should be kept or forge them、Altering procurement documents,The government procurement supervision and management department shall impose a fine of not less than 20,000 yuan but not more than 100,000 yuan,The person directly in charge and other directly responsible personnel shall be punished in accordance with the law;Constituting a crime,Pursuing criminal responsibility according to law。
Article 77: The supplier has one of the following circumstances,A fine of not less than 5% but not more than 10% of the purchase amount,Added to bad behavior record list,Prohibited from bet365 live slot machineparticipating in government procurement activities within one to three years,Those with illegal gains,Illegal gains shall also be confiscated,Serious circumstances,Business license revoked by the industrial and commercial administration authority;Constituting a crime,Pursuing criminal responsibility according to law:
(1) Providing false materials in order to win a bid or close a deal;
(2) Using unfair means to defame、Excluding other suppliers;
(3) With the purchaser、Malicious collusion with other suppliers or purchasing agencies;
(4) To the purchaser、Purchasing agencies offer bribes or provide other improper benefits;
(5) Negotiating with the purchaser during the bidding and procurement process;
(6) Refusing supervision and inspection by relevant departments or providing false information。
The supplier is in one of the situations (1) Bet365 sportsbook reviewto (5) of the preceding paragraph,Winning bid、Invalid transaction。
Article 78 Procurement agencies commit illegal acts in their government procurement business,Issuing fines in accordance with relevant legal provisions,It can be banned from acting as a government procurement agent within one to three years,Constituting a crime,Pursuing criminal responsibility according to law。
Article 79: Government procurement parties shall be subject to Article 71 of this Law、Article 72、One of the illegal acts of Article 77,Causing losses to others,And shall bear civil liability in accordance with relevant civil laws。
Article 80: Staff members of the government procurement supervision and management department violate the provisions of this Law and abuse their powers during supervision and inspection,Neglect of Duty,Practice for personal gain,Administrative sanctions in accordance with the law;Constituting a crime,Pursuing criminal responsibility according to law。
Article 81: The government procurement supervision and management department fails to handle complaints from suppliers within the time limit,Administrative sanctions will be imposed on the directly responsible person in charge and other directly responsible personnel。
Article 82: Assessment of the performance of centralized procurement agencies by the government procurement supervision and management department,There is a false statement,Concealing the true situation,Or do not conduct regular assessments and publish assessment results,Should be corrected in time,The superior authority or supervisory authority shall notify the person in charge,Administrative sanctions will be imposed on those directly responsible in accordance with the law。
The centralized procurement organization is under assessment by the government procurement supervision and management department,False reporting of performance,Concealing the true situation,A fine of not less than 20,000 yuan but not more than 200,000 yuan,and notify;Serious circumstances,Canceled his qualification as a purchasing agent。
Article 83: Any unit or individual obstructs or restricts suppliers from entering the government procurement market in this region or industry,Ordered to make corrections within a time limit;Refuse to correct,By the unit、The individual’s superior administrative department or relevant agency shall impose sanctions on the responsible person of the unit or the individual。
Chapter 9 Supplementary Provisions
Article 84 Government procurement using loans from international organizations and foreign governments,Lender、The agreement reached between the fund provider and the Chinese party has other provisions on the specific conditions for procurement,The regulations may apply,But it shall not harm the national interests and social public interests。
Article 85 Emergency procurement due to severe natural disasters and other force majeure events and procurement involving national security and secrets,This law does not apply。
Article 86 Military procurement regulations shall be separately formulated by the Central Military Commission。
Article 87 The specific steps and methods for the implementation of this law shall be prescribed by the State Council。
Article 88 This Law shall come into effect on January 1, 2003。 [2]
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