深圳经济特区政府采购条例 Regulations of Shenzhen Special Economic Zone on Government Procurement

ly, and may not refuse.

　　Article 39 The competent procurement department shall accept the complaint about government procurement, and carry out necessary investigation. If finding out illegal activities, the procurement department shall correct it timely and handle it according to these regulations. The competent procurement department shall reply to

the complainant in writing within 15 days after the acceptation date. In case of complicated circumstances, the period may be extended properly, but shall not exceed 30 days at the longest.

　　Article 40 The competent procurement department shall order the procurer to terminate the procurement if it finds out the procurement activities being carried out violate the provisions of these regulations seriously, and may cause great losses to the interests of the State, society or parties, or may result in the nullification of the procurement; In case the administrative or criminal responsibility shall be pursued to the person mainly liable in accordance with law, he shall be transferred to the relevant organ to handle.

　　Article 41 For the bid invitation whose procurement value is above 1,000,000 yuan, the organ of bid invitation shall inform the procurement department, auditing and supervision body; For the bid invitation whose procurement value is above 10,000,000 yuan, the procurement department, auditing and supervision body shall assign representatives to participate.

　　Article 42 The organ of bid invitation shall report the relevant information about the composition of bid evaluation committee, the process of the bid invitation, the result of the bid evaluation, etc, to the competent procurement department for record.

　　If adopting other ways to conduct a procurement, the procurer shall report the information about the name, way, and value of the procurement project to the competent procurement department regularly in writing for record.

　　Article 43 The competent procurement department shall announce the relevant information about the government procurement at its same level annually.

　　Article 44 The auditing body shall audit the government procurement at its same level annually, and report the auditing result to the people’ government at its same level. When considering it necessary, the auditing body may organize specialized audit to the government procurement.

　　Chapter Ⅵ Legal Liability

　　Article 45 If the procurer has one of the following activities, the procurement shall be nullified and the procurer shall be circulated a notice of criticism; If losses are caused to the supplier, the procurer shall bear liability for compensation; If the circumstances are serious, administrative responsibility shall be pursued to the person mainly liable in accordance with law; If a crime is constituted, criminal responsibility shall be pursued:

　　(1) failing to adopt the way of bid invitation when it shall;

　　(2) enhancing the criterion of procurement arbitrarily;

　　(3) organizing the bid invitation by oneself or entrusting the agency that has no legal qualification to act as the agent for the bid invitation;

　　(4) colluding with the organ of bid invitation or the supplier and inviting the bid fictitiously;

　　(5) disclosing the base price of the bid before the bid winner is decided.

　　(6) other activities violating the provisions of these regulations seriously.

　　Article 46 If the government department of procurement has one of the following activities, the bid invitation shall be nullified:

　　(1) The project of bid invitation exceeds the criterion stipulated by the municipal government;

　　(2) failing to organize the bid evaluation committee in accordance with the provisions of these regulations or evaluate the bid with the criterion stipulated by these regulations;

　　(3) colluding with the procurer or the supplier to invite the bid fictitiously;

　　(4) other activities violating the procedure of the bid invitation stipulated by these regulations seriously.

　　In the case of the activities referred to in Item (1)、(3) of the preceding paragraph, the procurement organ of the government shall bear the joint and several liability with the procurer or the supplier.

　　Article 4

7 If the agency of bid invitation has one of the following activities, the bid invitation shall be nullified; In case losses are caused to the procurer or the suppliers, the agency shall bear liability for compensation; The agency of bid invitation may be fined no less than 2 percent but no more than 10 percent of the value of the bid invitation by the competent procurement department; If the circumstances are serious, the agency shall be prohibited to invite bids for government procurement as an agent of the government within three years:

　　(1) knowing obviously that the procurement project surpasses the standard stipulated by the municipal government, and still acting as the agent for the bid invitation;

　　(2) failing to organize the bid evaluation committee in accordance with these regulations or evaluate the bid with the principles stipulated in these regulations;

　　(3) colluding with the procurer or the supplier and inviting the bid fictitiously;

　　(4) other activities seriously violating the procedure of bid invitation stipulated by these regulations.

　　In the case of activities referred to in Item(1) and (3) of the preceding paragraph, the agency of bid invitation shall bear the joint and several liability with the procurer or supplier.

　　Article 48 If the supplier has one of the following activities, the bid invitation shall be nullified; If losses are caused to the procurer, department of bid invitation or other suppliers, the supplier shall bear the liability for compensation; The supplier may be fined no less than 2 percent but no more than 10 percent of the value of the bid invitation by the competent procurement department; If the circumstances are serious, the supplier shall be prohibited to participate in the bidding for the government procurement inviting bids within three years:

　　(1) concealing the reality of the bidding or conducting nullified bidding intentionally;

　　(2) colluding among the suppliers to decide the bid price in advance or making a special person to win the bid by conspiracy;

　　(3) impeding or squeezing other suppliers with dishonest means;

　　(4) offering a bride or other dishonest interests to the procurer or the department of bid invitation;

　　(5) colluding with the procurer or the department of bid invitation for the bidding;

　　(6) other activities seriously violating the provisions of these regulations.

　　If the supplier has the activities referred to in Item(5) of the preceding paragraph, he shall bear the joint and several liability with the procurer and the department of bid invitation.

　　Article 49 If the fault of the procurer or the department of bid invitation results in the failure or nullification of the bid invitation, or if the procurer doesn’t conclude contract of procurement with the supplier winning the bid, the procurer or the department of bid invitation shall return the bid bond doubly to the supplier.

　　If the supplier has one of the activities in the first paragraph of Article 48 of these regulations, or give up bidding after opening of the bid, the bid bond shall not be returned.

　　Article 50 If the party violates the provision in Article 31 of these regulations, and fails to conclude the contract of procurement in accordance with the bid invitation document and the bid document winning the bid, the competent procurement department shall order the party to correct it.

　　If the procurer fails to conclude the contract of procurement with the supplier winning the bid without proper reasons, the person mainly liable shall bear the administrative responsibility and shall be ordered to conclude the contract; If the supplier winning the bid fails to conclude the contract of procurement with the procurer without proper reasons, he shall bear the liability of compensation for the losses caused and shall be prohibited to participate in the biddin

g for the government procurement inviting bids within three years.

　　Article 51 If the procurer surpasses the stipulated quota, and violates the provisions of Article 32, 36, 37 of these regulations, the excess shall be nullified; If the unit-price and other provisions are modified arbitrarily, the modification shall be nullified and the administrative responsibility shall be pursued to the person mainly liable.

　　Article 52 If the party providing the performance security fails to fulfill the contract, he has no right to ask for the return of the security. If the party accepting the performance security fails to fulfill the contract, he shall return it doubly.

　　Article 53 If the procurer or the government department of procurement violates the provisions in the second paragraph of Article 38 of these regulations, and fails to offer the necessary materials for inspection, the administrative responsibility shall be pursued to the person mainly liable in accordance with law. If the agency of bid invitation or the supplier violates the provisions, he shall be fined no less than 10,000 yuan but no more than 20,000 yuan; If the circumstances are serious, he shall be prohibited to invite bids for government procurement as an agent of the government or participate in the bidding for the government procurement within three years.

　　Article 54 If the competent department, procurer, the staff members of the departmen

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/