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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II SCOPE AND CONTENT OF GOVERNMENT PROCUREMENT INFORMATION ANNOUNCEMENTS CHAPTER III MANAGEMENT OF GOVERNMENT PROCUREMENT INFORMATION ANNOUNCEMENTS CHAPTER IV MANAGEMENT OF DESIGNATED MEDIA FOR GOVERNMENT PROCUREMENT INFORMATION CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. For the purposes of regulating the government procurement information announcements, improving the transparency of government procurement activities and promoting fair competition, the present Measures are formulated in pursuance of the Government Procurement Law of the People's Republic of China. Article 2. The term "government procurement information" refers to the laws, regulations, bylaws and other regulatory documents governing the government procurement activities, as well as the general name of data and materials reflecting the status of government procurement activities. The term "government procurement information announcements" means releasing the government procurement information that shall be publicized to the society through the government procurement information release media designated by the finance departments. Article 3. All purchasers or procurement agencies shall make announcements about the government procurement information in accordance with the laws and administrative regulations on government procurement and the present Measures. The term "procurement agencies" mentioned in the preceding paragraph refers to the central purchasing institutions and other lawfully accredited purchasing institutions. Article 4. The government procurement information announcements shall comply with the principles of timely information announcements, standard and uniform content, relatively central channels and convenience for obtaining and searching. Article 5. The finance departments at or above the county level shall be responsible for supervising, inspecting and managing the activities of making announcements about the government procurement information. However, the following functions shall be performed by the province-level finance departments or above: (1) Determining the scope and content of government procurement information that shall be announced; and (2) Designating, supervising and inspecting the media responsible for releasing the government procurement information. Article 6. The Ministry of Finance shall be responsible for determining the basic scope and content of government procurement information announcements and shall designate the national government procurement information release media. The province-level finance departments (including those of the cities under separate state planning, and the same below) shall be responsible for determining the scope and content of government procurement information announcements of their local region, and may designate local government procurement information release media. Except the Ministry of Finance and the province-level finance departments, no other entity or individual may designate government procurement information release media. Article 7. The government procurement information shall first be announced through the government information release media designated by the Ministry of Finance. The local government procurement information may be simultaneously announced through the government information release media designated by the province-level finance departments. CHAPTER II SCOPE AND CONTENT OF GOVERNMENT PROCUREMENT INFORMATION ANNOUNCEMENTS Article 8. The following government procurement information must be announced unless it relates to the state secrets, commercial secrets of the suppliers, or unless it is the government procurement information that shall be kept confidential under the relevant laws and administrative regulations: (1) Relevant laws, regulations, bylaws and other regulatory documents governing the government procurement; (2) The central procurement lists, government procurement quotas and bid quotas announced by the province-level peoples governments or above; (3) The name list of the agencies for the bid business of government procurement; (4) The bidding and tendering information, including the announcements of public bid, announcements of invitation for preliminary examination of qualifications of bidders, announcements of successful bidders, transaction results and corrected items; (5) The contact forms of the finance departments to accept government procurement complaints and the decisions to tackle complaints; (6) The evaluation results concluded by the finance departments over the central procurement institutions; (7) The name list of procurement agencies and suppliers with records of bad conduct; (8) Other government procurement information that shall be announced in accordance with the laws, regulations and bylaws. Article 9. Besides the contents listed in Article 8 of the present Measures, the province-level finance departments or above may, in light of the needs of management, increase the contents of government procurement information that are necessary to be announced. Article 10. The announcement of a public bid shall contain the following: (1) The names, addresses and contact forms of the purchaser and procurement agency; (2) The name, uses, quantity, brief technological requirements or nature of the bid project; (3) The qualification requirements for the suppliers; (4) The date, place and way for obtaining the bid documents and the price of the bid documents; (5) The deadline for submitting bids, the date and place of bid opening; and (6) The name and telephone number of the contact person of the procurement project. Article 11. An announcement of invitation for preliminary examination of the qualifications of bidders shall contain the following: (1) The names, addresses and contact forms of the purchaser and procurement agency; (2) The name, uses, quantity, brief technological requirements or nature of the bid project; (3) The qualification requirements for the suppliers; (4) The deadline for submitting the qualification examination applications and certification materials, and the date of qualification examination; and (5) The name and telephone number of the contact person of the procurement project. Article 12. An announcement of a successful bidder shall contain the following: (1) The names, addresses and contact forms of the purchaser and procurement agency; (2) The name, uses, quantity, brief technological requirements and contract execution date; (3) The award date (giving a clear indication of serial number of the bid documents); (4) The date of bid project announcement; (5) The name, address and award amount of the supplier as the bid winner; (6) The name list of the members of the bid evaluation board; and (7) The name and telephone number of contact person of the purchase project. Article 13. A purchase information correction announcement shall include the following: (1) The names, addresses and contact forms of the purchaser and procurement agency; (2) The name of the procurement project in the original announcement and the date of the first announcement; (3) The correction items, content and date; and (4) The name and telephone number of contact person of the purchase project. Article 14. An announcement about the name list of procurement agencies and suppliers with records of bad conduct shall contain the names of the parties concerned, reasons, handling organ and results, etc. Article 15. An announcement about a decision to tackle complaints shall contain the following: (1) Names of the purchaser and procurement agency; (2) The name and date of the procurement project; (3) The name of the complainant and complaints; (4) The name of the complaint handling organ; and (5) The main content of the decision to tackle the complaints. CHAPTER III MANAGEMENT OF GOVERNMENT PROCUREMENT INFORMATION ANNOUNCEMENTS Article 16. The government procurement information in an announcement shall be genuine, exact and reliable. It shall not contain any false and misleading statement, nor may it omit any matter that shall be announced in accordance with the law. Article 17. When different media designated for releasing the government procurement information make announcements about the same government procurement information, they shall make sure that their content is consistent with each other. If their content is inconsistent with each other, the information on the government procurement information announcement media designated by the Ministry of Finance shall prevail unless it is otherwise provided by the law or administrative regulation. Article 18. Where different media designated for releasing the government purchase information make announcements about the same government procurement information at different times, the time when the government procurement information release media designated by the Ministry of Finance made the first information announcement shall be the announcement time and shall be the time when the concerned parties of government procurement should know about the pertinent matters. Article 19. The government procurement law, regulations, bylaws and other regulatory documents, central procurement lists, government procurement quotas, pubic bid quotas and other information shall be announced by the government procurement information release media designated by the finance departments of the province-level people's governments. Article 20. The purchasers and their authorized procurement agencies shall be responsible for releasing the bidding and tendering information at the media designated for releasing the government procurement information. Article 21. The evaluation results of the central purchase institutions, the name list of the procurement agencies and suppliers with records of bad conduct shall be announced by the finance departments of the people's governments of the same level through the media designated for government procurement information according to the relevant provisions. Article 22. With regard to the information that is not provided in Articles 19 through 21, if it relates to the government purchase supervision and management, it shall be announced by the finance departments of the people's governments of the same level; if it relates to the purchase business, it shall be announced by the purchasers and their authorized procurement agencies. Article 23. Where a purchaser or procurement agency needs to announce the government procurement information, it shall offer it to the media designated for releasing the government procurement information by fax, e-mail and other shortcuts, or via the finance department of the people's government of the same level. CHAPTER IV MANAGEMENT OF DESIGNATED MEDIA FOR GOVERNMENT PROCUREMENT INFORMATION Article 24. The media designated for releasing the government procurement information shall be responsible for undertaking the specific matters of releasing the government procurement information provided in the present Measures. The media designated for releasing the government procurement information shall reflect the principle of public good when making announcements about the government procurement information. Article 25. The media designated for releasing the government procurement information shall announce the information according to the content of the information offered by the information provider. However, if the information is too lengthy, the media designated for releasing the government procurement information may shorten and adjust it properly in light of the uniform technical requirements, but may not change the substantial content of the information offered by the information provider. Article 26. Where a medium designated for releasing the government procurement information finds that the information offered by an information provider is in violation of the law, regulation, bylaws and the present Measures, it shall timely propose to the information provider to revise it. If the information provider refuses to revise the information, the medium designated for releasing the government procurement information shall report to the finance department of the people's government of the same level with the information provider. Article 27. Among the media designated by the finance departments for releasing the government procurement information, the internet media shall announce the information through the internet within 1 working day after they receive the to-be-announced information; the newspapers shall announce the information within 3 working days after they receive the to-be-announced information; the magazines shall timely publish the pertinent to-be-announced information. Article 28. The media designated for releasing the government procurement information shall classify and count the government procurement information announced by them and shall timely submit the pertinent results to the finance departments of the people's governments of the same level. Article 29. A medium designated for releasing the government procurement information shall publicize its name and contact form to the general public. If it changes its name and contact form, it shall timely make an announcement to the society and shall have them recorded in the finance department that designated it to be responsible for releasing the government procurement information. CHAPTER V LEGAL LIABILITIES Article 30. A purchaser or procurement agency that is under any of the following circumstances shall be ordered to get right and be given a warning by the finance department at the county level. The direct liable person-in-charge and other direct liable persons shall be given a sanction and a notice concerning this shall be publicized and circulated by the administrative department or relevant organ: (1) Failing to announce the government procurement information that should be released; (2) Failing to first announce the information through the media designated by the Ministry of Finance for releasing the government procurement information or through the media designated by the finance department for releasing the government procurement information; (3) The content of the government procurement information is clearly in violation of the provisions of the present Measures; (4) There is any obvious discrepancy in the substantial content of the same piece of information announced by two or more media designated for releasing the government procurement information; or (5) Failing to announce the information within the prescribed time limit. Article 31. Where a purchaser or procurement agency is under any of the following circumstances, its purchase shall be null and it shall be given a warning and be criticized by the finance department at the county level by circulating a notice. If the government procurement agency is liable and the circumstance is very severe, it shall be disqualified from undertaking the relevant businesses: (1) Restricting or repulsing the prospective bidders by using unreasonable requirements in the bid information; or (2) The announced information isn't genuine. It contains false or deceitful content. Article 32. A medium designated for releasing the government procurement information that is under any of the following circumstances shall be given a warning by the finance department of the people's government at the provincial level or above; if the circumstance is serious, it shall, in pursuance of the law, be disqualified from acting as a medium designated for releasing the government procurement information; if it causes any economic loss, it shall bear the corresponding compensation liability in accordance with the law: (1) Accepting information announcement fee in violation of the beforehand stipulation or in a disguised form; (2) Refusing to announce the information offered by an information provider without any justifiable reason; (3) Delaying the time for releasing the government procurement information without any justifiable reason; (4) Changing the substantial content of the information offered by an information provider when it announces the government procurement information; or (5) Other acts violating the management of government procurement information. Article 33. Any entity or individual who illegally interferes with a government procurement information release activity shall be ordered to get right and be given a warning by the finance department of the people's government at the provincial level or above; if it or he refuses to get right, it or he shall be transferred to the relevant organ to be subject to investigation and punishment in accordance with the law. Article 34. Any entity or individual who finds that a government procurement information release activity is inconsistent with the present Measures, it or he shall be entitled to file a complaint to and inform the finance department of the people's government at the same level. The relevant department shall handle it in accordance with the law. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 35. The province-level finance departments may formulate specific implementation measures in accordance with the present Measures. Article 36. The present Measures shall come into effect as of September 11, 2004. The Administrative Measures for Government Procurement Information Announcements (No. 7[2000]) issued by the Ministry of Finance on September 11, 2000 shall be abolished simultaneously. |
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