pk10六码滚雪球图片

The only government procurement website designated by the Ministry of Finance

Service Hotline: 400-810-1996

title

Symbol

[ A number

Date of promulgation

to

Implementation date

to

Issuing unit

Law category

Regulation level

Timeliness

Adopted at the 28th meeting of the Standing Committee of the Ninth National People's Congress on June 29, 2002

Chapter I General Provisions

Article 1 This Law is enacted in order to regulate government procurement behaviors, improve the effectiveness of the use of government procurement funds, safeguard national and public interests, protect the legitimate rights and interests of parties to government procurement, and promote the building of a clean government.

Article 2 This law applies to government procurement within the territory of the People's Republic of China.

The term "government procurement" as used in this Law refers to the behavior of state organs, institutions and organizations at all levels to use financial funds to purchase goods, works and services within the centralized procurement catalogue established in accordance with the law or above the procurement quota.

The government's centralized procurement catalogue and procurement quota standards are formulated in accordance with the authority prescribed in this Law.

The term "procurement" as used in this Law refers to the behavior of obtaining goods, works, and services for a fee by contract, including purchase, lease, commission, and employment.

The term "goods" as mentioned in this Law refers to articles of various forms and types, including raw materials, fuels, equipment, products, etc.

The term "project" as used in this Law refers to construction projects, including the new construction, reconstruction, expansion, decoration, demolition, and repair of buildings and structures.

The term "services" as mentioned in this Law refers to objects of government procurement other than goods and projects.

Article 3 Government procurement shall follow the principles of openness and transparency, fair competition, fairness, and good faith.

Article 4 In the case of public bidding for government procurement projects, the Bidding Law shall be applied.

Article 5 No unit or individual shall use any means to obstruct and restrict suppliers from freely entering the government procurement market in this region and industry.

Article 6 Government procurement shall be carried out strictly in accordance with the approved budget.

Article 7 Government procurement is a combination of centralized procurement and decentralized procurement. The scope of centralized procurement is determined by the centralized procurement catalogue announced by the people's governments at or above the provincial level.

The centralized procurement catalog of government procurement projects that belong to the central budget is determined and published by the State Council; the centralized procurement catalog of government procurement projects that belong to the local budget is determined and published by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government or their authorized institutions.

Government procurement projects included in the centralized procurement catalog shall implement centralized procurement.

Article 8 Government procurement quota standards are government procurement projects that belong to the central budget and are determined and announced by the State Council; government procurement projects that belong to the local budget are determined and announced by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government or their authorized institutions.

Article 9 Government procurement shall help achieve the national economic and social development policy goals, including protecting the environment, supporting underdeveloped regions and ethnic minority areas, and promoting the development of small and medium-sized enterprises.

Article 10 Government procurement shall purchase domestic goods, engineering and services. Except for one of the following situations:

(1) The goods, works or services to be purchased cannot be obtained within China or cannot be obtained under reasonable commercial conditions;

(2) Purchasing for use outside China;

(3) Other laws and administrative regulations provide otherwise.

The definition of domestic goods, projects and services referred to in the preceding paragraph shall be implemented in accordance with the relevant regulations of the State Council.

Article 11 Information on government procurement shall be released to the public in a timely manner on the media designated by the government procurement supervision and administration department, except for those involving commercial secrets.

Article 12 In government procurement activities, procurement personnel and related personnel and suppliers have an interest relationship, must be avoided. If the supplier considers that the purchasing personnel and related personnel have an interest relationship with other suppliers, they may apply for withdrawal.

The relevant personnel mentioned in the preceding paragraph include the members of the bid evaluation committee in bidding and procurement, the members of the negotiation team in competitive negotiation and procurement, and the members of the inquiry group in inquiries and procurement.

Article 13 The financial departments of the people's governments at all levels are responsible for the supervision and management of government procurement, and perform their duties of supervision and management of government procurement activities according to law.

Other relevant departments of people's governments at all levels perform their supervision and management duties related to government procurement activities in accordance with the law.

Chapter II Parties to Government Procurement

Article 14 The parties to government procurement refer to various entities that have rights and assume obligations in government procurement activities, including purchasers, suppliers, and procurement agencies.

Article 15 A purchaser refers to a state organ, institution, or organization that conducts government procurement in accordance with law.

Article 16 The centralized procurement agency shall be the procurement agency. The people's governments of the divided cities and autonomous prefectures shall set up centralized procurement agencies in accordance with the needs of centralized procurement organized by government procurement projects at the corresponding level.

The centralized purchasing agency is a non-profit enterprise legal person that handles procurement matters on behalf of the purchaser.

Article 17 Centralized procurement agencies conducting government procurement activities shall meet the requirements that the procurement price is lower than the average market price, the procurement efficiency is higher, the procurement quality is good, and the service is good.

Article 18 When a purchaser purchases a government procurement item that is included in the centralized procurement catalog, it must entrust a centralized procurement agency to procure it; for a government procurement item that is not included in the centralized procurement catalog, it may purchase itself or entrust a centralized procurement agency to be within the scope of the commission Agent purchasing.

If it is included in the centralized procurement catalog as a general government procurement item, it shall entrust a centralized procurement agency to purchase on behalf of it; for projects that have special requirements in their own department and system, centralized departmental procurement shall be implemented;

With the approval of the people's governments at or above the provincial level, they can purchase by themselves.

Article 19 The purchaser may entrust a procurement agency other than a centralized procurement agency to handle government procurement matters within the scope of the entrustment.

The purchaser has the right to choose the purchase agency by itself, and no unit or individual may designate a purchase agency for the purchaser in any way.

Article 20 Where a purchaser entrusts a procurement agency to handle procurement matters in accordance with the law, the purchaser and the procurement agency shall sign an agency agreement to determine the matters entrusted to the agency in accordance with the law and agree on the rights and obligations of both parties.

Article 21 A supplier is a legal person, other organization or natural person who provides goods, works or services to the purchaser.

Article 22 Suppliers shall meet the following requirements to participate in government procurement activities:

(1) Having the ability to independently assume civil liability;

(2) Having a good business reputation and a sound financial accounting system;

(3) having the equipment and professional technical capabilities necessary to perform the contract;

(4) Have a good record of paying taxes and social security funds according to law;

(5) Within three years before participating in government procurement activities, there are no major illegal records in business activities;

(6) Other conditions stipulated by laws and administrative regulations.

The purchaser may stipulate specific conditions for the supplier according to the special requirements of the procurement project, but shall not impose differential or discriminatory treatment on the supplier on unreasonable conditions.

Article 23 The purchaser may require suppliers participating in government procurement to provide relevant qualification certification documents and performance information, and to review the supplier's qualifications in accordance with the supplier's conditions and the specific requirements of the procurement project for the supplier as specified in this law. .

Article 24 Two or more natural persons, legal persons or other organizations may form a consortium and jointly participate in government procurement as one supplier.

For 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 shall submit a joint agreement to the purchaser, stating the work and obligations undertaken by the parties to the consortium. The parties to the consortium shall jointly sign a purchase contract with the purchaser, and shall bear joint and several liabilities to the purchaser for the matters agreed in the purchase contract.

Article 25 The parties to government procurement shall not collude with each other to damage the national interests, social public interests and the legitimate rights and interests of other parties; they shall not exclude other suppliers from participating in the competition by any means.

The supplier shall not bribe the purchaser, the procurement agency, the members of the bid evaluation committee, the members of the competitive negotiation team, or the members of the inquiry group or take other improper means to win the bid or close the deal.

Purchasing agencies shall not seek illegal gains by bribing purchasers or by other improper means.

Chapter III Government Procurement Methods

Article 26 Government procurement shall adopt the following methods:

(1) public bidding;

(2) invitation to bid;

(3) competitive negotiations;

(4) single source procurement;

(5) inquiry;

(6) Other procurement methods identified by the government procurement supervision and administration department of the State Council.

Public bidding should be the main procurement method for government procurement.

Article 27 Where the purchaser purchases goods or services by public bidding, the specific amount standard shall be the government procurement items of the central budget, which shall be stipulated by the State Council; The government stipulates that if special procurement methods other than public bidding are required, the procurement supervision and management department of the people's government of a district-based city or autonomous prefecture or above must be approved before the procurement activities begin.

Article 28 The purchaser shall not arbitrage the goods or services that should be purchased by public bidding to zero or evade public bidding in any other way.

Article 29 Goods or services that meet one of the following circumstances may be purchased by invitation to tender in accordance with this Law:

(1) It is special and can only be purchased from a limited range of suppliers;

(2) The proportion of the cost of adopting public bidding to the total value of government procurement projects is too large.

Article 30 Goods or services that meet one of the following circumstances may be purchased through competitive negotiation in accordance with this Law:

(1) after the bidding, there is no supplier bidding or no qualified bid or re-tendering fails to be established;

(2) where the technology is complicated or the nature is special, and detailed specifications or specific requirements cannot be determined;

(3) The time required for the 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 may be purchased in a single source in accordance with this Law:

(1) It can only be purchased from a sole supplier;

(2) if an unforeseen emergency occurs and it is impossible to purchase from other suppliers;

(3) It is necessary to ensure the consistency of the original procurement project or the requirements of service support, and it is necessary to continue to purchase from the original supplier, and the total amount of the additional purchase funds does not exceed 10% of the original contract purchase amount.

Article 32 The government procurement items of purchased goods with uniform specifications and standards, sufficient spot sources, and small price changes may be procured in accordance with this Law.

Chapter IV Government Procurement Procedures

Article 33 When preparing the department budget for the next fiscal year, the department responsible for preparing the department's budget should list the government procurement projects and capital budgets for that fiscal year and report to the financial department at the same level for summary. Approval of departmental budgets is carried out in accordance with budget management authority and procedures.

Article 34 If the goods or service items are purchased by invitation to tender, the purchaser shall select three or more suppliers by random means from the suppliers that meet the corresponding qualifications and issue an invitation to bid.

Article 35 Where the procurement of goods and services is conducted through bidding, the period from the date when the tender documents begin to be issued to the deadline for submission of bid documents by bidders shall not be less than 20 days.

Article 36 The bid shall be abolished if one of the following situations occurs in the bidding and procurement:

(1) less than three suppliers that meet professional requirements or suppliers that respond in substance to the bidding documents;

(2) Any illegal or illegal behavior that affects the fairness of procurement;

(3) The bidder's quotations exceed the purchase budget, and the purchaser cannot pay;

(4) The procurement task was cancelled due to a major change.

After the bid is abolished, the purchaser shall notify all bidders of the reasons for the abolition of the bid.

Article 37 After the bid is abolished, except for the cancellation of the procurement task, the bidding shall be reorganized; if procurement is required by other methods, the procurement supervision and management department or the government of the people's government of the district-based city or autonomous prefecture or above shall be obtained before the procurement activities begin. Approved by relevant departments.

Article 38 Where procurement is made through competitive negotiation, the following procedures shall be followed:

(1) Establishment of a negotiating team. The negotiating team consists of a singular number of three or more representatives of the purchaser and relevant experts, and the number of experts shall not be less than two-thirds of the total number of members.

(2) Formulating negotiation documents. Negotiation documents shall clearly define the negotiation procedures, the content of the negotiations, the terms of the draft contract, and the criteria for evaluating the transaction.

(3) Determine the list of suppliers invited to participate in the negotiations. The negotiating team identified no fewer than three suppliers from the list of qualified suppliers to participate in the negotiations and provided them with negotiation documents.

(4) Negotiations. All members of the negotiating team negotiate separately with a single supplier. During the negotiations, neither party to the negotiations may disclose technical data, prices and other information of other suppliers related to the negotiations. If there are substantial changes in the negotiation documents, the negotiation team shall notify all suppliers participating in the negotiation in writing.

(5) Determine the supplier of the transaction. After the negotiation, the negotiating team shall require all suppliers participating in the negotiation to make a final quotation within the prescribed time. The purchaser shall determine the supply of the deal from the candidates of the deal proposed by the negotiating team based on the principle of meeting the procurement requirements, equal quality and service and the lowest price And notify the results of all unsettled suppliers participating in the negotiation.

Article 39 In the case of single-source procurement, the purchaser and supplier shall follow the principles stipulated in this Law and purchase on the basis of ensuring the quality of the procurement project and a reasonable price agreed upon by both parties.

Article 40: Where procurement is made through inquiry, the following procedures shall be followed:

(1) Setting up an inquiry team. The inquiry group consists of a singular number of three or more representatives of the purchaser and relevant experts, and the number of experts shall not be less than two-thirds of the total number of members. The inquiry group shall make provisions on the price composition of procurement items and the criteria for evaluating transactions.

(2) Determine the list of suppliers to be queried. The inquiry team will determine no less than three suppliers from the list of suppliers that meet the corresponding eligibility requirements according to procurement requirements, and issue a notice of inquiry to them to make a quotation.

(3) Inquiry. The inquiry team requires the supplier being quoted to quote a price that cannot be changed at a time.

(4) Determine the supplier of the transaction. Buyers determine the suppliers based on the principle of meeting procurement requirements, equal quality and service, and the lowest quotation, and notify the results of all non-traded suppliers who have been quoted.

Article 41 The purchaser or the procurement agency it entrusts shall organize acceptance inspection of the supplier's performance. For large-scale or complex government procurement projects, a state-approved quality inspection agency shall be invited to participate in the acceptance work. The members of the acceptance party shall sign the acceptance letter and bear the corresponding legal responsibilities.

Article 42 The purchaser and the procurement agency shall properly keep the procurement documents for each procurement activity of the government procurement project, and shall not forge, alter, conceal or destroy them. The retention period of procurement documents is at least fifteen years from the end of procurement.

Procurement documents include procurement activity records, procurement budgets, bidding documents, bidding documents, bid evaluation criteria, evaluation reports, bidding documents, contract texts, acceptance certificates, challenge responses, complaint handling decisions, and other relevant documents and information.

The record of procurement activities shall include at least the following:

(1) categories and names of procurement items;

(2) The budget, capital composition and contract price of the procurement project;

(3) Procurement methods, if procurement methods other than public bidding are adopted, the reasons shall be stated;

(4) Conditions and reasons for inviting and selecting suppliers;

(5) the bid evaluation criteria and the reasons for determining the successful bidder;

(6) Reasons for the abolition of bids;

(7) Appropriate records of procurement methods other than bidding.

Chapter V Government Procurement Contract

Article 43 The contract law applies to government procurement contracts. The rights and obligations between the purchaser and the supplier shall be agreed in a contractual manner in accordance with the principle of equality and voluntariness.

The purchaser may entrust a procurement agent to sign a government procurement contract with the supplier on its behalf. Where a procurement agency signs a contract in the name of the purchaser, it shall submit a power of attorney from the purchaser as an attachment to the contract.

Article 44 Government procurement contracts shall be in written form.

Article 45 The government procurement supervision and administration department of the State Council shall, in conjunction with the relevant departments of the State Council, stipulate the terms that a government procurement contract must have.

Article 46 The purchaser and the winning and closing supplier shall, within 30 days from the date of the issuance of the winning and closing notice, sign a government procurement contract in accordance with the matters identified in the procurement documents.

The bid winning and closing notice has legal effect on the purchaser and the winning bid and closing supplier. After the winning bid and transaction notice is issued, if the purchaser changes the winning bid or transaction result, or if the winning bid or contract supplier waives the winning bid or transaction item, it shall bear legal responsibility according to law.

Article 47 Within seven working days of the procurement contract of a government procurement project, the purchaser shall submit a copy of the contract to the government procurement supervision and management department at the same level and the relevant department for the record.

Article 48 With the consent of the purchaser, the winning bidder and the closing supplier may perform the contract by subcontracting according to law.

If the government procurement contract is performed subcontracted, the winning bidder and the contracted supplier shall be responsible to the purchaser for the procurement project and subcontracted project, and the subcontracted supplier shall be responsible for the subcontracted project.

Article 49 In the performance of a government procurement contract, if the purchaser needs to add the same goods, works or services as the subject of the contract, he may negotiate with the supplier to sign supplementary contracts without changing other terms of the contract, but all supplementary contracts The purchase amount shall not exceed 10% of the original contract purchase amount.

Article 50 The parties to a government procurement contract shall not alter, suspend or terminate the contract without authorization.

If the continued execution of a government procurement contract will harm national interests and public interests, the parties should change, suspend or terminate the contract. The party that is at fault shall bear the liability for compensation. If both parties are at fault, they shall bear their respective responsibilities.

Chapter VI Questions and Complaints

Article 51 If a supplier has questions about government procurement activities, he may ask the purchaser, and the purchaser shall respond in a timely manner, but the content of the reply shall not involve commercial secrets.

Article 52 If the supplier considers that the procurement documents, the procurement process, the winning of the bid, and the result of the transaction have damaged his or her rights and interests, he may make a written request to the procurement within seven working days from the date when he knew or should know that his rights and interests were damaged. People question.

Article 53 The purchaser shall make a reply within seven working days after receiving the written challenge from the supplier, and notify the questioned supplier and other relevant suppliers in writing, but the content of the reply shall not involve commercial secrets.

Article 54 Where a purchaser entrusts a procurement agent to make a purchase, the supplier may make an inquiry or question to the procurement agent. The procurement agent shall entrust the purchaser in accordance with the provisions of Articles 51 and 53 of this Law. Reply to matters within the scope of authorization.

Article 55 If a supplier is dissatisfied with the response of the purchaser or the procurement agency or the purchaser or the procurement agency fails to respond within the prescribed time, he may report to the same level within 15 working days after the response period expires The government procurement supervision and management department complained.

Article 56 The government procurement supervision and management department shall, within 30 working days after receiving the complaint, make a decision on the complaint and notify the complainant and the parties related to the complaint in writing.

Article 57 During the handling of complaints, the government procurement supervision and management department may notify the purchaser in writing of suspension of procurement activities in accordance with specific conditions, but the suspension period shall not exceed 30 days.

Article 58 If the complainant is dissatisfied with the decision of the government procurement supervision and management department or the government procurement supervision and management department has not dealt with it within the time limit, he may apply for administrative reconsideration or bring an administrative lawsuit to the people's court.

Chapter VII 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) the implementation of laws, administrative regulations and rules concerning government procurement;

(2) Implementation of procurement scope, procurement methods and procurement procedures;

(3) The professional quality and professional skills of government procurement personnel.

Article 60 The government procurement supervision and management department shall not set up a centralized procurement agency or participate in the procurement activities of government procurement projects.

There shall be no affiliation or other interest relationship between the procurement agency and the administrative organ.

Article 61 A centralized procurement agency shall establish and improve an internal supervision and management system. The decision-making and implementation procedures of procurement activities shall be clear, and shall be mutually supervised and restricted. The responsibilities and powers of the procurement personnel and those responsible for the review and acceptance of procurement contracts shall be clear and separated from each other.

Article 62 Purchasing personnel of centralized procurement agencies shall have relevant professional qualities and professional skills, and shall meet the requirements for professional post appointments prescribed by the government procurement supervision and management department.

Centralized procurement agencies should strengthen education and training of their staff; regularly evaluate the professional level, performance and professional ethics of procurement staff. Purchasing personnel who fail to pass the assessment shall not be allowed to continue to serve.

Article 63 The procurement standards for government procurement projects shall be made public.

Where the procurement method prescribed in this Law is adopted, the purchaser shall announce the purchase results after the completion of the procurement activities.

Article 64 The purchaser must make purchases in accordance with the procurement methods and procedures prescribed in this Law.

No unit or individual may violate the provisions of this law and require the purchaser or procurement staff to make purchases from the supplier designated by them.

Article 65 The government procurement supervision and management department shall inspect the procurement activities of government procurement projects, and the parties to government procurement shall truthfully report the situation and provide relevant materials.

Article 66 The government procurement supervision and management department shall evaluate matters such as the purchase price, the effect of saving funds, the quality of service, the status of credit, and whether there are any illegal acts of the centralized procurement agency, and shall regularly and truthfully announce the results of the assessment.

Article 67 Relevant government departments that have administrative supervision responsibilities for government procurement in accordance with the provisions of laws and administrative regulations shall strengthen supervision of government procurement activities in accordance with their division of responsibilities.

Article 68 Auditing agencies shall conduct audit supervision on government procurement. The government procurement supervision and management department and the parties involved in government procurement shall accept the audit supervision of the auditing agency.

Article 69. Supervisory organs shall strengthen the supervision of state organs, state civil servants and other personnel appointed by state administrative organs participating in government procurement activities.

Article 70 Any unit or individual shall have the right to sue and report illegal acts in government procurement activities, and relevant departments and agencies shall deal with them in a timely manner in accordance with their respective duties.

Chapter VIII Legal Liability

Article 71 If a purchaser or procurement agency has any of the following circumstances, he shall be ordered to make corrections within a time limit, given a warning, and may be fined concurrently. The person in charge directly responsible and other persons directly responsible shall be subject to their administrative department or the relevant authority Disciplinary action and notification:

(1) It shall adopt public bidding and purchase by other means without authorization;

(2) Raising procurement standards without authorization;

(3) Differential or discriminatory treatment of suppliers on unreasonable conditions;

(4) Negotiating and negotiating with bidders during the bidding and procurement process;

(5) failing to sign a procurement contract with the supplier who has won the bid and the transaction after the notification of the bid is awarded;

(6) Refusing relevant departments to implement supervision and inspection according to law.

Article 72 The purchaser, the procurement agency and its staff members shall be investigated for criminal responsibility according to law if one of the following circumstances constitutes a crime; if it has not constituted a crime, a fine shall be imposed, any illegal income shall be imposed, and the illegal income shall be confiscated. Those who belong to the staff of state organs shall be given administrative sanctions according to law:

(1) malicious collusion with a supplier or a procurement agent;

(2) Accepting bribes or obtaining other improper benefits during the procurement process;

(3) Providing false information in the supervision and inspection carried out by relevant departments according to law;

(4) Leakage of the bid before the bid opening.

Article 73 If one of the first two illegal acts affects the winning bid or the result of the transaction, or may affect the winning bid or the result of the transaction, it shall be handled separately as follows:

(1) if no successful bidder or supplier is determined, the procurement activities shall be terminated;

(2) If the successful bidding and closing supplier has been determined but the purchase contract has not been fulfilled, the contract shall be cancelled and the winning bidding and closing supplier shall be determined from the qualified successful bidding and closing candidate;

(3) If the procurement contract has been fulfilled and causes losses to the purchaser or supplier, the responsible person shall be liable for compensation.

Article 74 Where a purchaser does not entrust a centralized procurement agency to carry out centralized procurement for a government procurement project that should implement centralized procurement, the government procurement supervision and management department shall order correction; if it refuses to make corrections, it shall stop paying its funds according to the budget. Its superior administrative department or relevant authority shall punish the person in charge directly responsible and other persons directly responsible according to law.

Article 75 If the purchaser fails to publicize the procurement standards and procurement results of government procurement projects in accordance with the law, he shall be ordered to make corrections, and the person in charge directly responsible shall be punished according to law.

Article 76 If a purchaser or procurement agency violates the provisions of this law to conceal or destroy procurement documents that should be kept or forges or alters procurement documents, the government procurement supervision and administration department shall impose a fine of 20,000 to 100,000 yuan, The persons in charge directly responsible for it and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 77 If a supplier has any of the following circumstances, it shall impose a fine of five to one thousandth of the purchase amount and one thousandth of one thousandth of the purchase amount, be included in the list of bad behavior records, and be prohibited from participating in government procurement activities for one to three years. If the illegal proceeds are confiscated and the circumstances are serious, the business license shall be revoked by the administrative authority for industry and commerce; if a crime is constituted, criminal liability shall be investigated according to law:

(1) Providing false materials to win a bid or a deal;

(2) adopting improper means to slander or exclude other suppliers;

(3) Hostile collusion with the purchaser, other suppliers or procurement agencies;

(4) bribing or providing other improper benefits to the purchaser or procurement agency;

(5) Negotiating and negotiating with the purchaser during the bidding and procurement process;

(6) Refusing relevant departments to supervise and inspect or provide false information.

If the supplier has one of the situations (1) to (5) of the preceding paragraph, the bid and transaction are invalid.

Article 78 If a procurement agency commits an illegal act in agency government procurement business, it shall be fined in accordance with relevant laws and regulations, and may be prohibited from acting for government procurement business within one to three years. If it constitutes a crime, criminal liability shall be investigated in accordance with law.

Article 79 If a party to government procurement commits one of the illegal acts of Articles 71, 72, and 77 of this Law and causes losses to others, it shall bear civil liability in accordance with the relevant provisions of civil law.

Article 80 The staff of the government procurement supervision and administration department shall, in violation of the provisions of this Law, abuse their powers, neglect their duties, and engage in malpractices for personal gain, shall be given administrative sanctions according to law; if a crime is constituted, criminal liability shall be investigated according to law.

Article 81 If the government procurement supervision and management department fails to process the complaint of the supplier within the time limit, it shall be given administrative sanctions by the person in charge directly responsible and other persons directly responsible.

Article 82 The government procurement supervision and management department shall make corrections in a timely manner when the evaluation of the performance of a centralized procurement agency contains false statements, concealing the true situation, or failing to make regular evaluations and publishing the results of evaluations, and shall be rectified by its superior authority or supervisory authority. The person-in-charge shall make a notification and shall give administrative sanctions to those directly responsible in accordance with the law.

In the assessment of the government procurement supervision and administration department, the centralized procurement agency shall make a false report of performance and conceal the true situation, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan and notified; if the circumstances are serious, its qualification for agent procurement shall be cancelled.

Article 83 Any unit or individual who obstructs or restricts suppliers from entering the government procurement market in this area or industry shall be ordered to make corrections within a time limit; if the unit or individual is refused to make corrections, the unit or individual's superior administrative department or the relevant authority shall give the unit responsibility Person or individual punishment.

Chapter IX Supplementary Provisions

Article 84 For government procurement using loans from international organizations and foreign governments, if the agreement reached between the lender, the fund provider and the Chinese side has specific provisions on procurement, these provisions may apply, but they shall not harm national interests and society. Public Interest.

Article 85 This Law does not apply to emergency procurements and procurements involving national security and secrets due to severe natural disasters and other force majeure events.

Article 86 Military procurement regulations shall be separately formulated by the Central Military Commission.

Article 87 The specific steps and measures for the implementation of this Law shall be prescribed by the State Council.

Article 88 This Law shall enter into force on January 1, 2003.

Regulations of the People's Republic of China on the Implementation of the Government Procurement Law (Order of the State Council of the People's Republic of China No. 658)