Decree No. 94 of the Ministry of finance of the peoples Republic of China

Measures for Government Procurement Questions Complaints

Chapter 1 General Provisions

Article 1 In order to regulate government procurement questioning complaints, to protect the legitimate rights interests of parties participating in government procurement activities, this article is formulated in accordance with the "People's Republic of China Government Procurement Law", "The People's Republic of China Government Procurement Law Implementation Regulations" other relevant laws regulations. Method.

Article 2 These Measures are applicable to the raising answering of government procurement questions, the filing handling of complaints.

Article 3 The government procurement supplier (hereinafter referred to as the supplier) shall adhere to the principle of honesty credibility when raising questions complaints.

Article 4 The response to government procurement questions the handling of complaints shall adhere to the principles of laws regulations, equal rights responsibilities, fairness, simplicity, efficiency.

Article 5 The purchaser is responsible for responding to supplier's queries. the purchaser entrusts a procurement agency to purchase, the procurement agency shall reply within the scope of authorization.

The financial departments of the people's governments at above the county level (hereinafter referred to as the financial departments) are responsible for handling complaints suppliers in accordance with the law.

Article 6 Complaints suppliers shall be handled by the financial department at the same level in accordance with the budget level of the purchaser.

For cross-regional joint procurement project complaints, if the purchaser belongs to the same budget level, the financial department agreed in advance in the procurement document is responsible for handling. If there is no prior agreement, the financial department that receives the complaint first is responsible for handling; the budget level of the purchaser The difference is handled by the finance department with the next highest budget level.

Article 7 The purchaser the procurement agency shall specify in the procurement documents the information such as the method of receiving the questioning letter, the contact department, the contact number the mailing address.

The financial department at above the county level shall publish information such as the method of accepting complaints, the contact department, the telephone number the mailing address in the government procurement information release media designated by the financial department at above the provincial level.

Article 8 Suppliers can entrust an agent to question complain. The power of attorney shall state the name title of the agent, the agency matters, specific authority, time limit related matters. If the supplier is a natural person, it shall be signed by himself; if the supplier is a legal person other organization, it shall be signed sealed by the legal representative the main person in charge, shall be affixed with an official seal.

When the agent raises questions complaints, he shall submit the power of attorney signed by the supplier.

Article 9 If participating in government procurement activities in the form of a consortium, the complaint shall be jointly filed by all the suppliers forming the consortium.

Chapter II Questioning Reply

Article 10 If a supplier believes that its own rights interests have been harmed by the procurement documents, procurement process, bid winning, transaction result, it may, within 7 working days the day when it knows should have known that its rights interests have been harmed, notify the purchaser, The purchasing agency questioned.

Purchasing documents may require suppliers to raise questions about the same procurement procedure at one time during the statutory questioning period.

Article 11 The supplier in question (hereinafter referred to as the supplier in question) shall be the supplier participating in the procurement activities of the project in question.

If a potential supplier has obtained its questionable procurement document in accordance with the law, it may challenge the document. Questions about the procurement documents shall be raised within 7 working days the date of obtaining the procurement documents the expiration of the announcement period of the procurement documents.

Article 12 When a supplier raises a challenge, it shall submit a challenge letter necessary supporting materials. The challenge letter should include the following:

(1) Supplier's name name, address, zip code, contact person telephone number;

(2) The name number of the questioned project;

(3) Specific clear questionable matters requests related to questionable matters;

(4) Factual basis;

(5) Necessary legal basis;

(6) The date of questioning.

If the supplier is a natural person, it shall be signed by himself; if the supplier is a legal person other organization, it shall be signed sealed by the legal representative, the main person in charge, its authorized representative, the official seal shall be affixed.

Article 13 The purchaser procurement agency shall refuse to accept the questioning letter issued by the questioning supplier during the statutory questioning period, shall reply within 7 working days after receiving the questioning letter, notify the questioning supplier in writing. Other relevant suppliers.

Article 14 If the supplier raises doubts about the review process, bid winning the result of the transaction, the purchaser procurement agency may organize the original bid evaluation committee, competitive negotiation group, inquiry group competitive consultation group to assist in answering the doubt.

Article 15 The reply to a challenge shall include the following contents:

(1) Questioning the name of the supplier;

(2) The date of receipt of the questioning letter, the name number of the questioned item;

(3) The specific content, factual basis legal basis of the questioned matter the questioned reply;

(4) Inform the challenged supplier of the right to complain according to law;

(5) The name of the respondent to the challenge;

(6) The date of reply to the question.

The content of the challenge reply shall involve commercial secrets.

Article 16 If the purchaser procurement agency believes that the supplier's challenge is established, is established but does affect the bid winning transaction result, continue to carry out procurement activities; if it believes that the supplier's challenge is established affects may affect the bid winning transaction result, Deal with the following situations:

(1) If the procurement documents are questioned the procurement activities can be continued through clarification modification in accordance with the law, the procurement activities shall be continued after the clarification modification of the procurement documents; otherwise, the procurement activities shall be restarted after the procurement documents have been revised.

(2) Questioning the procurement process, bid winning closing result, if qualified suppliers meet the statutory quantity, the successful bidder supplier can be determined separately the qualified bid winning closing candidates, the bid winning closing supplier shall be determined separately according to law Business; otherwise, the procurement activities should be restarted.

If the answer to the challenge leads to a change in the bid winning transaction result, the purchaser procurement agency shall report the relevant situation in writing to the financial department at the corresponding level.

Chapter III Filing of Complaints

Article 17 If the query supplier is satisfied with the replies of the purchaser procurement agency, the purchaser procurement agency does respond within the specified time, they may submit a notification to the sixth of these Measures within 15 working days after the expiration of the reply period. The financial department stipulated in the article filed a complaint.

Article 18 When making a complaint, the complainant shall submit the complaint letter necessary supporting materials, provide a copy of the complaint letter in accordance with the number of the complained purchaser, the procurement agency (hereinafter referred to as the complainant) the suppliers related to the complaint . The complaint should include the following contents:

(1) The name, mailing address, zip code, contact person telephone number of the complainant the respondent;

(2) Explanation of the question answer to the question relevant supporting materials;

(3) Specific clear complaints complaints related to the complaints;

(4) Factual basis;

(5) Legal basis;

(6) The date when the complaint was filed.

If the complainant is a natural person, it shall be signed by himself; if the complainant is a legal person other organization, it shall be signed sealed by the legal representative, the main person in charge, his authorized representative, together with the official seal.

Article 19 The complainant shall file a complaint in accordance with the content of the information specified in the second paragraph of Article 7 of these Measures in the manner prescribed by it.

The complainant should meet the following conditions when filing a complaint:

(1) It has been questioned according to law before filing a complaint;

(2) The content of the complaint conforms to the provisions of these Measures;

(3) File a complaint within the effective period of the complaint;

(4) The same complaint has been handled by the financial department;

(5) Other conditions stipulated by the Ministry of Finance.

Article 20 The matters complained by suppliers shall exceed the scope of the questioned matters, except for the complaints raised based on the content of the questioned reply.

Chapter IV Complaint Handling

Article 21 After receiving the complaint, the financial department shall conduct an examination within 5 working days, deal with it according to the following conditions after examination:

(1) If the content of the complaint does conform to the provisions of Article 18 of these Measures, the complainant shall be notified in writing at one time within 5 working days of receiving the complaint. The notice of supplement correction shall specify the items to be supplemented corrected a reasonable time limit for supplementation correction. Failure to make corrections within the time limit for corrections corrections that still do meet the requirements will be accepted.

(2) If the complaint does meet the conditions specified in Article 19 of these Measures, the complainant shall be notified in writing within 3 working days of the rejection the reasons shall be explained.

(3) If the complaint is under the jurisdiction of the department, the complainant shall be notified in writing within 3 working days to lodge a complaint with the department with jurisdiction.

(4) If the complaint meets the provisions of Article 18 Article 19 of these Measures, it shall be accepted the date of receipt of the complaint, the complaint shall be reported to the respondent other matters related to the complaint within 8 working days after receiving the complaint. The relevant party issues a complaint response notice a copy of the complaint.

Article 22: The respondent other parties related to the complaint shall, within 5 working days the date of receipt of the complaint response notice the copy of the complaint, explain in writing to the finance department submit relevant evidence , Basis other relevant materials.

Article 23 The financial department shall, in principle, adopt a written review method for handling complaints. When the financial department deems it necessary, it may conduct investigations collect evidence organize cross-examination.

The financial department may entrust relevant units third parties to conduct investigations evidence collection, inspection, testing, appraisal in accordance with the provisions of laws regulations their duties powers.

The cross-examination shall notify the relevant parties to be present make the cross-examination record. The cross-examination record shall be signed confirmed by the parties.

Article 24 When the financial department conducts investigation evidence collection in accordance with the law, the complainant, the respondent, the units personnel related to the complaint shall truthfully report the situation provide relevant materials required by the financial department.

Article 25: Complaints for which the complainant should bear the burden of proof. If the complainant fails to provide relevant evidence, basis other relevant materials, the complaint shall be deemed to be unfounded; the respondent fails to submit relevant evidence as required by the complaint response notice , Basis other relevant materials, it shall be deemed as a waiver of the right to explain bear adverse consequences in accordance with the law.

Article 26 The financial department shall make a decision on the handling of the complaint within 30 working days the date of receipt of the complaint.

Article 27 If the financial department handles the complaint requires inspection, testing, appraisal, expert review the complainant to supplement correct the materials, the time required shall be counted in the complaint handling period.

The time required in the preceding paragraph refers to the date when the financial department issues relevant documents notices to the relevant units, third parties, complainants to the date when relevant feedback documents materials are received.

When the financial department conducts inspection, testing, appraisal, expert review to relevant units third parties, it shall inform the complainant of the required time.

Article 28 During the processing of complaints, the financial department may notify the purchaser procurement agency in writing to suspend the procurement activities according to the specific circumstances, the suspension of the procurement activities shall exceed 30 days.

Purchasers procurement agencies shall immediately suspend the procurement activities after receiving the notice of suspension of procurement activities, shall conduct such procurement activities before the end of the statutory suspension period the notification of the resumption of procurement activities by the financial department.

Article 29 In the process of handling complaints, if one of the following circumstances occurs, the financial department shall reject the complaint:

(1) It is found that the complaint does meet the legal acceptance conditions after acceptance;

(2) The complaint lacks factual basis the complaint is established;

(3) The complainant fabricated facts provided false materials;

(4) The complainant obtained certification materials by illegal means. There are obvious doubts about the legality of the source of evidence, if the complainant cannot prove that the method of obtaining it is legal, it shall be deemed to have obtained the certification materials by illegal means.

Article 30 After the financial department accepts the complaint, if the complainant applies in writing to withdraw the complaint, the financial department shall terminate the complaint handling procedure notify the relevant parties in writing.

Article 31 If the complaint filed by the complainant on the procurement documents is verified by the financial department, it shall be determined that the complaint is established. If the established complaint does affect the results of the procurement, continue to carry out the procurement activities; if it affects may affect the results of the procurement, the financial department shall deal with the following circumstances:

(1) If the bid-winning contracted supplier has been determined, it shall be ordered to resume procurement activities.

(2) If a supplier has been determined to win the bid the transaction but the government procurement contract has yet been signed, the successful bid the result of the transaction shall be deemed invalid, the procurement activities shall be ordered again.

(3) If the government procurement contract has been signed but has been fulfilled, the contract shall be cancelled the procurement activities shall be ordered again.

(4) If the government procurement contract has been fulfilled losses are caused to others, the relevant parties may file a lawsuit in accordance with the law, the responsible person shall be liable for compensation.

Article 32 If the complaint filed by the complainant regarding the procurement process the procurement result is verified by the financial department, it shall be determined that the complaint is established. If the established complaint does affect the results of the procurement, continue to carry out the procurement activities; if it affects may affect the results of the procurement, the financial department shall deal with the following circumstances:

(1) If the bid-winning contracted supplier has been determined, it shall be ordered to resume procurement activities.

(2) If a supplier has been determined to win the bid the transaction but the government procurement contract has been signed, the result of the bid transaction shall be deemed invalid. When qualified suppliers meet the legal number, the successful bidder contract supplier can be determined separately the qualified bid winner contract candidates, the purchaser shall be required to separately determine the bid winner contract supplier in accordance with the law; otherwise, it shall be ordered to resume procurement activities.

(3) If the government procurement contract has been signed but has been fulfilled, the contract shall be cancelled. When qualified suppliers meet the legal number, the successful bidder contract supplier can be determined separately the qualified bid winner contract candidates, the purchaser shall be required to separately determine the bid winner contract supplier in accordance with the law; otherwise, it shall be ordered to resume procurement activities.

(4) If the government procurement contract has been fulfilled losses are caused to others, the relevant parties may file a lawsuit in accordance with the law, the responsible person shall be liable for compensation.

If the complaint filed by the complainant against the bid abolition behavior is established, the financial department shall determine the invalidity of the bid behavior.

Article 33 When making a handling decision, the financial department shall prepare a complaint handling decision affix it with an official seal. The complaint handling decision letter shall include the following contents:

(1) The names names, mailing addresses, etc. of the complainant the respondent;

(2) The facts relevant basis ascertained in the handling decision, the specific handling decision legal basis;

(3) Informing the relevant parties of the right to apply for administrative reconsideration, the administrative reconsideration agency the time limit for applying for administrative reconsideration, as well as the right to file an administrative lawsuit the time limit for litigation;

(4) The date when the handling decision is made.

Article 34 The financial department shall deliver the complaint handling decision to the complainant the parties related to the complaint, promptly announce the complaint handling result on the government procurement information release media designated by the financial department at above the provincial level.

The service of the complaint handling decision shall be implemented in accordance with the provisions on service in the Civil Procedure Law of the People's Republic of China.

Article 35 The financial department shall establish a complaint handling file management system cooperate with the supervision inspection carried out by relevant departments in accordance with the law.

Chapter V Legal Liability

Article 36: Purchasers procurement agencies shall be ordered by the financial department to make corrections within a time limit in any of the following circumstances; if the circumstances are serious, a warning shall be given, the directly responsible persons in charge other directly responsible persons shall be subject to the administrative department Relevant agencies shall impose sanctions notify:

(1) Refusing to accept the questioning letter issued by the questioning supplier during the statutory questioning period;