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

ils to make a reply within the specified time limit， the supplier may， within 15 working days following the expiration of the time limit， lodge a complaint with the department for supervision over government procurement at the same level.

　　Article 56 The department for supervision over government procurement shall， within 30 working days after receiving the complaint， make a decision after handling the complaint and inform in writing the complainant and the parties related to the complaint of its decision.

　　Article 57 Depending on the specific circumstances， the department for supervision over government procurement may， during the period in which it is dealing with the complaint， notify in writing the procuring entity to suspend its procurement activities， provided that the period of suspension does not exceed a maximum of 30 days.

　　Article 58 Where the complaint is not satisfied with the decision made by the department for supervision over government procurement， or the latter fails to make a decision within the specified time limit， the complainant may， in accordance with law， apply for administrative reconsideration or initiate administrative proceedings in a People's Court.

　　Chapter Ⅶ Supervision and Inspection

　　Article 59 The department for supervision over government procurement shall conduct rigorous supervision and inspection over government procurement activities and the institutions for centralized procurement.

　　The supervision and inspection chiefly consist of the following：

　　（1）implementation of laws， administrative regulations and rules concerning government procurement；

　　（2）implementation of the procurement scope， methods and procedures； and

　　（3）professional qualifications and expertise of the procuring personnel.

　　Article 60 No department for supervision over government procurement may set up an institution for centralized procurement or participate in procuring items for the government.

　　No procuring agency may be subordinate to any government department or have other relationship of interest with it .

　　Article 61 Institutions for centralized procurement shall establish a sound internal supervision system. The policy decisions on procurement activities and the procedures for carrying them out shall be clear-cut， and the institutions shall supervise and restrain each other. The powers and duties of the persons who are engaged in procurement and of the person

s who are in charge of examination and acceptance of procurement contracts shall be defined explicitly and be separate from each other.

　　Article 62 The procuring persons of the institutions for centralized procurement shall possess the necessary professional regulations of the department for supervision over government procurement.

　　The institutions for centralized procurement shall conduct rigorous education and training among their staff members， regularly examine and appraise their professional capabilities， performance and ethics. No one who fails in the examination and appraisal may remain in the post.

　　Article 63 The standards for a government procurement items shall be made known to the public.

　　Where the procurement methods provided for in this Law are adopted， the procuring entity， upon completion of the procurement， shall publicize the final results of the procurement.

　　Article 64 The procuring entity shall make its procurements according to the methods and procedures provided in this Law.

　　No units or individuals may， in violation of the provisions in this Law， require the procuring entity or its staff members to procure from the suppliers designated by them.

　　Article 65 The department for supervision over government procurement shall inspect government procurement activities， and the parties to government procurement shall give truthful reports and provide related materials.

　　Article 66 Departments for supervision over government procurement shall assess the performance of the institutions for centralized procurement in respect of such matters as their procurement prices， cost-effectiveness， quality of services， reputation and compliance with law， and regularly publish the final results of the assessment.

　　Article 67 The relevant government departments charged with the duty of administrative supervision over government procurement， as provided for in laws or administrative regulations， shall exercise rigorous supervision over government procurement activities in compliance with the division of duties.

　　Article 68 The auditing authorities shall exercise supervision over the government procurements. The department for supervision over government procurement and the parties to government procurement shall subject themselves to supervision by the auditing authorities.

　　Article 69 The supervisory authorities shall exercise strict supervision over the State organs， public servants and other persons appointed by administrative departments of the State that participate in government procurements.

　　Article 70 All units and individuals shall have the right to accuse or inform against violations of law in government procurement activities， and the relevant authorities and departments shall， without delay， handle such matters in compliance with their respective duties.

　　Chapter Ⅷ Legal Liabilities

　　Article 71 Where a procuring entity or procuring agency commits one of the following acts， it shall be ordered to set it right within a time limit and be given a disciplinary warning， and may also be fined， and the persons directly in charge and the other persons directly responsible shall be given sanctions by the competent administrative department where they belong or by the relevant authority， and the matter shall be circulated：

　　（1）adopting， without authorization， other procurement methods， instead of public invitation；

　　（2）elevating， without authorization， the criteria for procurement thresholds；

　　（3）entrusting matters of government procurement to an agency that is not qualified for the job；

　　（4）treating suppliers differentially or discriminatingly by raising unreasonable requirements；

　　（5）in the course of procurement through bid invitation， holding consultation or negotiation with bidders；

　　（6）failing to conclude a procurement contract with the winn

er of the bid or the successful supplier after the notice informing the said winner or supplier of its acceptance is sent out； and

　　（7）refusing to subject itself to supervision conducted by the relevant department in accordance with law.

　　Article 72 Where a procuring entity or procuring agency or its staff member commits one of the following acts， which constitutes a crime， it/he shall be investigated for criminal responsibility in accordance with law； if the offence is not serious enough to constitute a crime， it/he shall be fined， and the illegal gains， if any， shall be confiscated， if the person involved is a State functionary， he shall be given an administrative sanction in accordance with law：

　　（1）colluding， in bad faith， with a supplier or a procuring a gency；

　　（2）in the course of procurement， accepting bribes obtaining other illegitimate interests；

　　（3）providing false information to the relevant department that is conducting supervision in accordance with law； or

　　（4）Divulging the base price of a bid before opening of bids.

　　Article 73 The violations， mentioned in the preceding two articles， that affect or are likely to affect the results in respect of the winner of a bid or the successful supplier， shall be dealt with respectively in accordance with the following：

　　（1）where the winner of the bid or the successful supplier is not determined， the procurement proceeding shall be terminated；

　　（2）where， although the winner of the bid or the successful supplier is determined， the procurement contract is not performed， the contract shall be cancelled and a new winner of the bid or successful supplier shall be selected compensation.

　　（3）where fulfillment of the procurement contract causes losses to the procuring entity or supplier， the person liable shall bear the responsibility to pay compensation.

　　Article 74 The procuring entity that fails to entrust institutions for centralized， procurement with government procurement items， as is required， shall be ordered by the department for supervision over government procurement to rectify； if it refuses to comply， payment of budgetary funds to it shall be suspended， and the persons directly in charge and the other person directly responsible shall bi given sanctions by the competent administrative department at the next higher level or the relevant authority in accordance with law.

　　Article 75 Where the procuring entity fails to publish the standards for government procurement items and the results of the procurement， it shall be ordered to rectify and the persons directly in charge shall be given sanctions in accordance with law.

　　Article 76 Where the procuring entity or the procuring agency， in violation of the provisions of this law， conceals or destroys the procurement documents that are required to be preserved， or fabricates or forges such documents， it shall be fined not less than RMB 20，000yuan but not more than 100，000yuan by the department for supervision over government procurement， and the persons directly in charge and other persons directly responsible shall be given sanctions in accordance with law； if the offence constitutes a crème， it shall be investigated for criminal responsibility in ac

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/