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

cordance with law.

　　Article 77 Any supplier than commits one of the following acts shall be fined not less that 0.5 percent but not more than 1percent of the total procurement value， be included in the list of those with records of misconduct and be prohibited， within one to three years， from participating in government procurement activities， the illegal gains， if any， shall be confiscated by the administrative department for industry and commerce， and if the circumstances are serious， its business license shall be revoked by the administrative department for industry and commerce； if a crime is constituted， it shall be investigated for criminal responsibi

lity in accordance with alw：

　　（1）providing false materials in an attempt to win a bid or become the successful supplier；

　　（2）defaming or excluding other suppliers by illegitimate means；

　　（3）colluding， in bad faith， with the procuring entity， other suppliers or the procuring agency；

　　（4）bribing or providing illegitimate benefits to the procuring entity or agency；

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

　　（6）refusing to subject itself to supervision by the relevant department or providing false information.

　　Where a supplier commits one of the first five acts mentioned in the preceding paragraph， its winning of or success in a bid shall be invalidated.

　　Article 78 Where the procuring agency， in making procurement on behalf on the government， commits an illegal act， it shall be fined pursuant to the provisions of relevant laws， and it may be disqualified for doing business in this field； if a crime is constituted， it shall be investigated for criminal responsibility in accordance with law.

　　Article 79 Where the party to government procurement commits illegal acts prescribed in Articles 71，72 and 77 of this Law and thus causes losses to other persons， it shall， in addition， bear civil liability pursuant to the provisions of relevant civil laws.

　　Article 80 Where， in exercising supervision， the official of the department for supervision over government procurement， in violation of the provisions of this Law， abuses his powers， neglects his duty or commits malpractices for personal gain， he shall be given an administrative sanction in accordance with law； if a crime is constituted， he shall be investigated for criminal responsibility in accordance with alw.

　　Article 81 Where the department for supervision over government procurement fails， within the specified time limit， to deal with the complaint lodged by a supplier， the persons directly in charge and the other persons directly responsible shall be given administrative sanctions.

　　Article 82 Where the department for supervision over government procurement in appraising the performance of institution for centralized procurement makes false statements or conceals the truth， or it fails to conduct regular appraisal and to publish the results of the appraisal， it shall rectify without delay， and the authority at the next higher level or the supervisory authority shall criticize， in an official dispatch， the leading members of the department and， in accordance with law， give administrative sanctions to the persons directly responsible.

　　Where the institution for centralized procurement， when undergoing appraisal by the department for supervision over government procurement， makes a false report of its performance or conceals the truth， it shall be fined not less than 20，000yuan but mot more than 200，000yuan， and the matter shall be made known in an official dispatch； if the circumstances are serious， it shall be disqualified as a procuring agency.

　　Article 83 Any entity or individual that attempts to deny or restrict access by outside suppliers to the local markets or the market of the same industry for government procurement， shall be ordered to rectify within a specified time limit； if it/he refuses to comply， the competent administrative department at the next higher level of the entity or individual or the relevant authority shall give sanctions to the leading members of the entity or the individual in question.

　　Chapter Ⅸ Supplementary Provisions

　　Article 84 Where with regard to the specific terms for government procurement to be made with loans from international organizations or foreign governments， the agreement reached between the creditor or financing side and the Chinese side provides otherwise， the provisions there shall prevail， provided that the in

terests of State and of the public are not harmed.

　　Article 85 This Law is not applicable to the emergency procurements for serious natural disasters and other force majeure incidents， or to procurements that have to do with State secrets.

　　Article 86 Regulations on military procurement shall be formulated separately by the Central Military Commission.

　　Article 87 Specific steps and measures for implementation of this Law shall be formulated by the State Council.

　　Article 88 This Law shall go into effect as of January 1，2003

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