(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 behavior, improve the efficiency of the use of government procurement funds, safeguard the 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 various forms and types of articles, including raw materials, fuels, equipment, products, and so on.
Projects referred to in this Law refer 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 apply.
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 The 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 in 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 in 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 team 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 in accordance with the 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 involved in government procurement refer to various entities that enjoy 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 according to the needs of the central government procurement projects to organize centralized procurement.
The centralized procurement agency is a non-profit enterprise legal person that handles procurement matters on the 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 purchasing a government procurement item that is included in the centralized procurement catalog, the purchaser must entrust a centralized procurement agency to procure the procurement; for a government procurement item that is not included in the centralized procurement catalog, it may purchase itself or entrust the 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 project, it shall entrust a centralized procurement agency to purchase on its behalf; for projects that have special requirements in their own department and system, centralized departmental procurement shall be implemented; for projects that have special requirements in their own unit, the provincial level The above people's governments may purchase on their own approval.
Article 19 The purchaser may entrust a procurement agency that has been qualified by the relevant department of the State Council or the relevant department of the provincial people's government to handle government procurement matters within the scope of the commission.
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, determine the matters entrusted by 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 the 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, the 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 procurement contract with the purchaser, and shall bear joint and several liabilities to the purchaser for the matters stipulated in the purchase contract.
Article 25 Parties to government procurement shall not collude with each other to harm the national interests, social public interests, and the legitimate rights and interests of other parties; they shall not exclude other suppliers from participating in 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 benefits by bribing purchasers or adopting 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;
(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 standards shall be stipulated by the State Council for government procurement items, and shall be stipulated by the State Council; government procurement items that are within the local budget shall be provided by the people of the provinces, autonomous regions and municipalities directly under the Central Government. Government regulations; if special circumstances require procurement methods other than public bidding, approvals must be obtained from the procurement supervision and administration departments of the people's governments at or above district-level cities and autonomous prefectures before 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) if the technology is complex or special in nature, 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 single 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 shall list the government procurement projects and capital budgets for that fiscal year and report to the financial department at the same level for summary. The 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 bidding documents begin to be issued to the date when the bidders submit the bidding documents 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) where there are less than three suppliers that meet the 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, bidding shall be reorganized except for the cancellation of procurement tasks; if procurement is required by other means, it shall be obtained by the procurement supervision and administration department or the government of the people's government of a district-based city or autonomous state or above Approved by relevant departments.
Article 38 When purchasing through competitive negotiation, the following procedures shall be followed:
(1) The establishment of a negotiating group. The negotiating team shall consist 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 specify 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 less 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 according to 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 set forth in this Law and conduct procurement on the basis of ensuring the quality of the procurement project and a reasonable price agreed upon by both parties.
Article 40 When purchasing by way of inquiry, the following procedures shall be followed:
(1) Set up an inquiry group. 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 qualification conditions according to the procurement requirements, and issue an inquiry notice 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 closing supplier. Buyers determine the suppliers based on the principle of meeting procurement requirements, equal quality and service, and the lowest quotation, and will notify all the non-traded suppliers who have been inquired about the results.
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 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) Procurement project budget, fund composition and contract price;
(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 principles 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 bidding and closing notice is issued, if the purchaser changes the bidding or closing result, or if the bidding or closing supplier abandons the bidding or closing item, it shall bear legal responsibility according to law.
Article 47 Within seven working days from the date of signing a procurement contract for 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 and closing 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, without changing the other terms of the contract, he can negotiate with the supplier to sign a supplementary 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 performance 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 a supplier considers that its procurement documents, procurement process, winning bids, and transaction results have damaged its rights and interests, it may make a written request to the procurement within seven working days from the date when it is known or should be known that its rights and interests have been damaged People question.
Article 53 The purchaser shall make a reply within seven working days after receiving the written query from the supplier, and notify the questioned supplier and other relevant suppliers in written form, but the content of the reply shall not involve commercial secrets.
Article 54 Where a purchaser entrusts a procurement agent to purchase, the supplier may ask or question the procurement agent. The procurement agency 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 make a decision on the complaint within 30 working days after receiving 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 administration 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 in handling the complaint or the government procurement supervision and management department has not dealt with it within the time limit, he may apply for administrative reconsideration or file an administrative lawsuit in a 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 authority 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 appointment to professional posts stipulated 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 procurement results after the procurement activities are completed.
Article 64 The purchaser must make purchases in accordance with the procurement methods and procedures prescribed in this Law.
No unit or individual shall 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 such matters as the purchase price, the effect of saving funds, the quality of service, the credibility status, and whether there are any illegal acts by the centralized procurement agency, and shall periodically and truthfully announce the results of the evaluation.
Article 67 Relevant government departments that have the responsibility for administrative supervision of government procurement in accordance with the provisions of laws and administrative regulations shall strengthen the 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 audit institutions.
Article 69 The supervisory authority shall strengthen the supervision of state organs, public servants and other personnel appointed by the state administrative organs involved 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 a procurement agency has any of the following circumstances, it 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 relevant authorities Disciplinary action and notification:
(1) It shall adopt public bidding and purchase by other means without authorization;
(2) Raising procurement standards without authorization;
(3) Entrusting an agency that does not have the qualifications for government procurement business to handle procurement affairs;
(4) Differential or discriminatory treatment of suppliers on unreasonable conditions;
(5) Negotiating and negotiating with bidders during the bidding and procurement process;
(6) 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;
(7) Refusing relevant departments to implement supervision and inspection according to law.
Article 72 Purchasing agents, procurement agencies and their staff members shall be investigated for criminal responsibility in accordance with the law if one of the following circumstances constitutes a crime; if it does not constitute a crime, a fine shall be imposed, and any 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) The bottom of the bid was leaked 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 among the qualified successful bidding and closing candidates;
(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 If a purchaser does not entrust a centralized procurement agency to implement 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 authorities 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 a procurement agency conceals or destroys procurement documents that should be kept or forges or alters procurement documents in violation of the provisions of this Law, the government procurement supervision and administration department shall impose a fine of 20,000 to 100,000 yuan, The person-in-charge 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 tenth of a 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 in accordance with the law:
(1) Providing false materials to win the bid or deal;
(2) using improper means to slander or exclude other suppliers;
(3) malicious 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 or inspect or provide false information.
If the supplier has one of the situations in (1) to (5) of the preceding paragraph, the winning bid and the 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 disqualified from conducting relevant business according to law. 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 management department shall, in the implementation of supervision and inspection, violate the provisions of this Law by abusing their powers, neglecting their duties, and engaging in malpractices for personal gain, and shall be given administrative sanctions according to law; if they constitute a crime, they shall be investigated for criminal responsibility according to law.
Article 81 If the government procurement supervision and management department fails to resolve the complaint of the supplier within the time limit, it shall be given administrative sanctions by the directly responsible supervisor and other directly responsible personnel.
Article 82 If the government procurement supervision and management department evaluates the performance of a centralized procurement agency and makes false statements, concealing the real situation, or if it does not make regular assessments and publish the assessment results, it shall promptly rectify them, and its superior authority or supervisory authority shall make corrections to them 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 management 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 the region 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, such 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.