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TABLE OF CONTENTS CHAPTER I GENERAL PRINCIPLES CHAPTER II GOVERNMENT PROCUREMENT ORGANIZATIONS CHAPTER III GOVERNMENT PROCUREMENT PROCEDURES CHAPTER IV SUPERVISION CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PRINCIPLES Article 1. This regulation is formulated in order to regulate the procedure of government procurement so that it can be operated in a open, fair and just way. Article 2. Government procurements conducted with budgetary funds or non-budgetary funds of a governmental nature by all governmental agencies, institutions and social organizations having allocated governmental budgets are subject to this regulation, unless otherwise stipulated by the law and regulations. Budgetary funds include funds allocated under the fiscal budget and supplementary funds added in the implementation of the budget. Non-budgetary funds refer to funds collected into the special fiscal accounts and funds retained with the approval of the fiscal authorities. Article 3. The fiscal authorities at various levels are the competent authorities to regulate government procurement. Article 4. The fiscal authorities at various levels should set up and improve their regulating systems for government procurement in order to ensure the operation of such activities. Article 5. Procurement Projects the purchasing prices of which exceed the limits set by the Government or fiscal authorities should be conducted through public bidding or invitation to tenders. In case competitive negotiations, price inquiries or procurement from a single source are necessary for certain reasons, the approval of the fiscal authorities at the same level should be obtained before starting the projects. In a single fiscal year, purchasing agencies cannot purchase more than twice for a same procurement project. Article 6. Procurement Projects the purchasing prices of which do not exceed the limits set by the Government or fiscal authorities should be conducted in accordance with the regulations by the fiscal authorities at the same level, unless the Ministry of Finance formulates any unified rules in the future. CHAPTER II GOVERNMENT PROCUREMENT ORGANIZATIONS Article 7. The purchasing agencies are agencies organizing and executing the government procurement. There are two types of purchasing agencies: specialized purchasing agencies and ordinary purchasing agencies. Article 8. Specialized purchasing agencies refer to specialized agencies set up by the Government or the fiscal authorities to engage in government procurement. Their major responsibilities are: (1) Organize and execute procurements which fall within the Catalogue for Central Procurement; (2) Organize large government procurements with specially-allocated fiscal funds; (3) Organize government procurements as agents of ordinary purchasing agencies; (4) Organize other government procurements entrusted by the competent authorities. Article 9. Ordinary purchasing agencies refer to purchasing agencies other than the specialized purchasing agencies. Their major responsibilities are: organize and execute government procurements not falling within the Catalogue for Central Procurement, including procurement for their own work units. Article 10. An intermediary agency for government procurement refers to an agency established as a legal person having the capacity to invite tenders and recognized by the fiscal authorities to engage as the agent of governmental agencies in organizing bidding and tenders for government procurement. Article 11. The competent authorities regulating government procurement in the fiscal authorities shall not participate or be involved in business activities in government procurements. Article 12. The purchasing agencies and the intermediary agencies should conduct government procurements in accordance with laws and regulations. CHAPTER III GOVERNMENT PROCUREMENT PROCEDURES Article 13. The government procurement procedure includes the following steps: formulating the procurement budget, formulating the procurement plan, determining the method for procurement, concluding the procurement contract, verification and settlement. Article 14. The procurement budget reflects the annual procurement projects and the plan for fund-using, and it is part of the entire annual budget of the government agency. The budget should be formulated in accordance with the requirement set by the fiscal authorities at the same level, which will examine it before granting approval. Article 15. The competent authorities regulating government procurement at the fiscal authorities shall formulate the procurement plan for the Government at the same level by pooling together the procurement projects and items of all the purchasing agencies. The plan constitutes the plan for implementation of the procurement budget and the basis for executing and verifying the performance of the government procurement. It includes: Catalogue of items to be procured by specialized purchasing agencies, Catalogue of items to be procured not by specialized purchasing agencies, forms and methods of the procurements and payments etc. Article 16. The purchasing agencies shall, within the time limit upon receiving the approved procurement plan, submit to the fiscal authorities at the same level the procurement list for items to be procured by specialized purchasing agencies. The main content of the list is: names of the items, technical specifications and numbers, budget and fund, time limit of delivery or completion, suppliers of the items and other matters. Article 17. The fiscal authorities shall, upon verification of the list, forward the list to the specialized purchasing agencies for implementation. In case there are no specialized purchasing agencies, intermediary agencies can be entrusted for implementation. Article 18. The specialized purchasing agencies shall carry out the procurements in accordance with the procurement scope and method set in the procurement plan: (1) For procurement through public bidding, the Law on Bidding and Tenders and the Provisional Rules for Regulating Government Procurement shall be abided by in formulating the tender documents, publishing the announcements of bidding or the invitations to tenders, accepting bidding, organizing the opening of bids and the appraisal of the bids and deciding on the bid, as well as in filing the procurement contracts for record at the fiscal authorities at the same level; (2) For procurement through competitive negotiations, the following procedure is to be followed: 1. Deciding by the specialized purchasing agencies or the intermediary agencies on the members of the negotiation team, the negotiation procedure, content and the standard for choosing the suppliers. The purchasing work unit should have a representative in the negotiation team; 2. The negotiation team formulates the terms of the contract and its appendixes and the list of the suppliers to be invited to the negotiation. The draft contract and the list should be filed for record at the fiscal authorities at the same level; 3. The negotiation team should hold separate negotiation with respective suppliers. Any party to the negotiation shall, without agreement of the other party, not reveal any technical documents, price or other information related to the negotiation. 4. Upon completion of the negotiation, the negotiation team should request the suppliers to finalize their price quotations and commitments, on the basis of which the negotiation team will choose the final supplier and file within 5 days the decision and the negotiation minute for record at the fiscal authorities at the same level; (3) For procurement through price inquiries, the following procedure is to be followed: 1. Deciding by the specialized purchasing agencies or the intermediary agencies on the members of the price inquiry panel, the price components and the standard for choosing the final price. The purchasing work unit should have a representative in the price inquiry panel; 2. The price inquiry panel formulates the list of suppliers for price inquiries, which should be filed for record at the fiscal authorities at the same level; 3. The price inquiry panel should conduct inquiries in a fair manner by requesting the suppliers to provide irreversible price quotations. The supplier chosen should be the supplier that offers the lowest price while at the same time meets the requirement for the procurement; 4. Upon completion of the inquires, the inquiry panel should file within 5 days the decision and the inquiry minute for record at the fiscal authorities at the same level. Article 19. Purchasing agencies other than the specialized purchasing agencies shall carry out their procurements by making reference to the procedures set out in Article 18. Article 20. Upon deciding the final supplier, the procurement contract should be signed in accordance with the procedure set out by the Provisional Rules for Supervising the Government Procurement Contract. The contract of a procurement project conducted by a specialized purchasing agency should be signed either between the supplier and the specialized purchasing agency or by taking the purchasing work unit as another party; while the contract of a procurement project conducted not by a specialized purchasing agency should be signed between the purchasing work unit and the supplier. The purchasing agencies should file the contract for record within 7 days upon signature at the fiscal authorities at the same level. Article 21. Parties to the procurement contract should fulfill their respective obligations under the contract. Neither party shall alter or terminate the contract by its own. In case of necessary alternation of the contract, it should be done upon agreement of the parties. In case the value under the altered contract exceeds the budget, the contract should be approved by the fiscal authorities at the same level. The termination of the contract should be filed for record at the fiscal authorities at the same level. Article 22. The performance of the contract should be checked and accepted in accordance with the terms of the contract. The performance of the quality terms of the contract should, in principle, be checked and accepted by a third party, i.e. a special quality control agency recognized by the State. The competent authority regulating government procurement in the fiscal authorities shall not participate in the checking and acceptance. Article 23. Before payment, the purchasing authorities should submit to fiscal authorities the fund-allocating application and relevant documents (including certificate granted by the checking agency, settlement document, contract performance report, the bank account of the supplier, etc). Article 24. The fiscal authorities and the purchasing work unit shall examine the application and allocate the fund in accordance with the terms of payment in the contract. Rules for fund allocation will be formulated by the Ministry of Finance later. CHAPTER IV SUPERVISION Article 25. The fiscal authorities should strengthen supervision on government procurements in the following aspects: (1) whether government procurements are carried out in accordance with the law and regulations; (2) whether government procurements are carried out in accordance with the procurement plans; (3) whether the method and the procedure are legal; (4) whether the relevant documents have been filed for record at the fiscal authorities at the same level; (5) whether the performance of the procurement contracts and fund-allocating are legal¡ê; (6) other issues to be supervised over. Article 26. The fiscal authorities should, if necessary, conduct appraisals for government procurement projects. Article 27. The Supervision and the audit authorities at all levels should supervise government procurements. The supervision authorities should participate as supervisors in large projects of government procurement. Article 28. When the fiscal authorities conduct supervision and inspection, the purchasing agencies or the intermediary agencies shall provide true information and documents and accept the supervision and inspection. Article 29. Any violation of this Regulation by parties involves in government procurement shall be sanctioned by the fiscal authorities in accordance with laws and regulations. Article 30. Any work unit or individual can file a written complaint to the fiscal authorities at the same level against any irregularities in government procurement. CHAPTER V SUPPLEMENTARY PROVISIONS Article 31. In case overseas procurement is needed, the purchasing agencies should provide a proof rendered by expertise authorities or an expertise panel or as a result of domestic open bidding proving that domestically-made products can not meet the need of the purchasing agencies. Upon approval by the fiscal authorities at the same level, overseas procurement can be carried out through public bidding, however, the invitations to tender shall have substantive difference with those for domestic bidding. Article 32. The procurement carried out by military forces, the police and other entities running public facilities or rendering public services may also make reference to this regulation. Article 33. Detailed rules for the implementation of this regulation can be formulated by the fiscal authorities of provinces, autonomous regions and centrally-controlled municipalities and cities under separated economic plan. Article 34. This regulation shall be implemented as of the date of its promulgation. |
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