Government Procurement Law of the Peoples Republic of China中华人民共和国政府采购法

iation and provide them with the documents for negotiation.

　　（4）Negotiating. All members of the negotiation team together negotiate with the suppliers individually. In the course of negotiation， neither side may disclose other suppliers' technical data， prices or other information related to the negotiation. Where there are any substantive changes

made in the documents for negotiation， the negotiation team shall inform， in writing， all the suppliers participating in the negotiation of the changes.

　　（5）Deciding on the successful supplier. Once the negotiation is concluded， the negotiation team shall request all the suppliers participating in the negotiation to quote their final offering prices within a specified time limit. The procuring entity shall decide on the successful supplier from among the candidates recommended by the negotiation team on the principle that the supplier meets the need of procurement and that the price it quotes is the lowest among the prices quoted for goods of equal quality and for equal services， and it shall inform all the unsuccessful suppliers that participate in the negotiation of the result.

　　Article 39 Where the single-source procurement is adopted， the procuring entity and suppliers shall follow the principles provided for by this Law in carrying out the procurement on the basis of guaranteed quality and the reasonable price agreed by both sides.

　　Article 40 Where inquiry about quotations is adopted， the following procedure shall be followed：

　　（1）Setting up of a quotation inquiry team. The team shall be composed of three or more representatives of the procuring entity and experts in the relevant fields， the number shall be odd， and the number of the experts shall be not less than two-thirds of the total. The team shall specify the composition of price for the items to be procured and the criteria for evaluating a deal concluded.

　　（2）Deciding on the name list of the suppliers to be inquired of about quotations. The quotations inquiry team shall， on the basis of the procurement need， choose not less than three suppliers from among all the qualified suppliers in the name list and send to each of them a quotations inquiry notice to solicit their quotations.

　　（3）Inquiry about quotations. The quotations inquiry team shall request the suppliers to be inquired of about quotations， to quote their prices just for once， which are not to be changed.

　　（4）Determining the successful supplier. The procuring entity shall determine the successful supplier on the principle that the supplier meets the need of procurement and the price it quotes is the lowest among the prices quoted for goods of equal quality and equal services， and it shall inform all the unsuccessful suppliers that are inquired of about quotations of the result.

　　Article 41 The procuring entity or the entrusted procuring agency shall， before acceptance， make arrangements for inspection of the fulfillment of the procurement contract on the part of the supplier. For large and complex procurement items， it shall invite quality-testing institutions confirmed by the State to participate in the inspection. Members of the inspecting side shall sign their names on the inspection report and shall bear corresponding legal responsibilities.

　　Article 42 The procuring entity or the procuring agency shall properly keep all the procurement documents relating to the procurement of each item， and it may not fabricate， forge， conceal or destroy such documents. The period of time for preservation of procurement documents shall be not less than 15 years starting from date the procurement is completed.

　　The procurement documents include the records of procurement， procurement budget， bid invitation documents， bid documents， criteria for bid evaluation， evaluation report， documents relating to decision on the awarding of a bid ，contract text， inspection-acceptance certificates， replies to queries， decisions on complaints handled and other related documents and data.

　　The records of procurement shall， at least， include the following：

　　（1）the types and names of the items to be procured；

　　（2）the budget for procurement items， composition of funds and price fixed by contract；

　　（3）the procur

ement method； where a method other than public invitation is adopted， the reasons shall be stated clearly；

　　（4）qualification requirements and reasons for inviting or selecting suppliers；

　　（5）criteria for bid evaluation and reasons for deciding on the winner of the bid；

　　（6）reasons for canceling the bid proceeding； and

　　（7）the records relating to adoption of the procurement method other than bid invitation.

　　Chapter Ⅴ Government Procurement Contract

　　Article 43 The Contract Law is applicable to government procurement contract. The rights and obligations of the procuring entity and the supplier， respectively shall， on the principle of equality and voluntariness， be agreed on in a contract.

　　The procuring entity may entrust a procuring agency with the conclusion， on its behalf， of a government procurement contract with the supplier. Where the contract is signed by the procuring agency in the name of the procuring entity， the entrustment document shall be submitted as an annex to the contract.

　　Article 44 The government procurement contract shall be made in written form.

　　Article 45 The department for supervision over government procurement under the State Council shall， in conjunction with the relevant departments under the State Council， specify the provisions essential to government procurement contracts.

　　Article 46 The procuring entity， the winner of the bid or the successful supplier shall， within 30 days from the date the notice informing the said winner or supplier of their acceptance is sent out， sign a government procurement contract pursuant to the particulars set in the procurement documents.

　　The notice informing the winner of a bid or the successful supplier of their acceptance shall be legally effec全国人民代表大会常务委员会关于修改《中华人民共和国保险法》的决定　附：修正本tive to both the procuring entity and the said winner or supplier. After the said notice is sent out， if the procuring entity alters the result regarding the winner of a bid or the successful supplier， or the said winner or supplier gives up the project for which it wins the bid， it shall bear legal responsibility in accordance with law.

　　Article 47 Within seven working days beginning from the date the contract for government procurement items is concluded， the procuring entity shall submit a copy of the contract to the department for supervision over government procurement at the same level and a copy to the relevant department for the record.

　　Article 48 Subject to consent of the procuring entity， the winner of the bid or the successful supplier may perform the contract by subcontract in accordance with law.

　　Where the government procurement contract is performed by subcontract， the winner of the bid or the successful supplier shall be responsible to the procuring entity for both the whole procurement project and its subcontracted parts， while the subcontractors shall be responsible for the subcontracted part.

　　Article 49 If， when the government procurement contract is being performed， the procuring entity needs to procure additional goods， construction or services of the same nature as those of the base government procurement contract， it may， on the premise that no change is made in the other clauses of the contract， conclude a supplementary contract with the supplier， provided that the total value of all the additional procurements does not exceed 10 percent of that of the principal contract.

　　Article 50 No parties to the government procurement contract may， without authorization， alter， suspend or terminate the contract.

　　Where continued performance of the government procurement contract is detrimental to the interests of the State or the public， the parties to the contract shall alter， suspend or terminate the contract. The party at fault shall bear the liability to pay compensation； where both parties to the contract are at ea

ch shall honor its own liability.

　　Chapter Ⅵ Query and Complaint

　　Article 51 Where suppliers have queries about matters regarding government procurement activities， they may raise the queries to the procuring entity， the latter shall make a timely， in which no business secrets may be contained.

　　Article 52 Where a supplier believes that the procurement documents， procurement proceeding or the results regarding the winner of the bid or the successful supplier harm its own rights and interests， it may， within 7 working days from the date it knows or should know that its rights and interests are harmed， raise queries to the procuring entity in writing.

　　Article 53 The procuring entity shall， within seven working days from the date it receives the queries of the supplier in writing， make a reply and notify in writing the supplier that raises the queries and the other suppliers concerned of the reply， in which no business secrets may be contained.

　　Article 54 Where a procuring agency is entrusted by the procuring entity with the procurement， the suppliers may address inquiries or queries to the agency， which shall， pursuant to Articles 51 and 53 of this Law， make a reply regarding matters within the limits of authorization given by the procuring entity.

　　Article 55 Where the supplier that raises queries is not satisfied with the reply made by the procuring entity or the procuring agency， or the latter fa

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