Decree No. 110 of the Ministry of Finance of the People's Republic of China Interim MeasuresIssuing time:2024-01-09 09:22Source:China Government Procurement website Ministry of Finance of the People's Republic of ChinaTreasury Order No. 110Decree No. 110 of the Ministry of Finance of the People's Republic of China Interim Measures for the Administration of Procurement Methods under the Framework Agreement on Government Procurement The Interim Measures for the Management of Procurement Methods under the Government Procurement Framework Agreement, which was deliberated and adopted at the Ministerial meeting on December 31, 2021, are hereby promulgated and will come into force as of March 1, 2022. Minister Liu Kun January 14, 2022
Chapter I General provisions Article 1 These Measures are formulated in accordance with the Government Procurement Law of the People's Republic of China, the Regulations on the Implementation of the Government Procurement Law of the People's Republic of China and other laws and regulations in order to regulate multi-frequency and small-amount procurement activities and improve the performance of government procurement projects. Article 2 The term "framework agreement procurement" as mentioned in these Measures refers to the goods and services that need to be procured repeatedly by a centralized procurement agency or a competent budget unit with clear and unified technology and service standards, and the first stage shortlisted suppliers are determined and a framework agreement is concluded through an open solicitation procedure. The purchaser or the service object shall follow the rules stipulated in the framework agreement. Within the scope of shortlisted suppliers, determine the procurement method of the second phase of transaction suppliers and conclude the procurement contract. The units in charge of budgets mentioned in the preceding paragraph refer to the state organs, institutions and organizations that are responsible for the compilation of departmental budgets and declare their budgets to the financial departments at the same level. Article 3 If one of the following circumstances is met, the framework agreement procurement method may be adopted: (A) the centralized procurement of items within the catalogue, as well as the necessary consumables, accessories, etc., which belong to small and sporadic procurement; (2) The legal, evaluation, accounting, audit and other authentication consulting services required by the administrative management of the department and the system outside the centralized procurement catalog and above the procurement quota standard belong to small and sporadic procurement; (3) Outside the centralized procurement catalog, the procurement quota is above the standard, and the government purchases service items that provide services for the service objects outside the department and the system need to determine more than two suppliers to be independently selected by the service objects; (4) Other circumstances prescribed by the financial department under The State Council. The "procurement quota standard above" mentioned in the preceding paragraph means that the annual procurement budget of the same item or the same category of goods and services reaches the procurement quota standard above. In the case of item 2 of paragraph 1 of this article, where the competent budget unit is able to collect the demand to form a single project for procurement and meet the demand by signing a procurement contract with uncertain time, place and quantity, the framework agreement procurement method shall not be adopted. Article 4 Framework agreement procurement includes closed framework agreement procurement and open framework agreement procurement. Closed framework agreement procurement is the main form of framework agreement procurement. Unless otherwise provided by laws, administrative regulations or these Measures, closed framework agreement procurement shall be adopted. Article 5 Where the items in the centralized procurement catalogue and the necessary consumables and accessories supporting them are procured by a framework agreement, the centralized procurement agency shall be responsible for the collection procedures and conclude the framework agreement. Where items other than the catalog of centralized procurement are procured by framework agreement, the competent budget unit shall be responsible for the collection procedure and the conclusion of the framework agreement. If other budget units really need it, they may, upon approval by their competent budget units, adopt the framework agreement procurement method. Other budget units that use the framework agreement procurement method shall comply with the provisions of these measures on the competent budget units. The competent budget unit may entrust a procurement agency to purchase under the framework agreement, and the procurement agency shall carry out procurement activities according to law within the scope entrusted. Centralized procurement agencies, competent budget units and their entrusted procurement agencies are collectively referred to as solicitors in these Measures. Article 6 Procurement under framework agreement shall follow the principle of selecting the best in competition and emphasizing performance, and shall have a clear procurement target and pricing mechanism, and shall not adopt the method of shortlisting suppliers that meet the qualification conditions. Article 7 Electronic procurement shall be implemented in framework agreement procurement. Article 8 Where a centralized procurement agency adopts a framework agreement for procurement, it shall formulate a procurement plan and submit it to the financial department at the same level for review and implementation. Where the competent budget unit adopts the framework agreement for procurement, it shall submit the procurement plan to the financial department at the same level for the record before the procurement activities begin. Chapter II General provisions Article 9 Closed framework agreement procurement means that after the framework agreement is concluded through open competition in accordance with the circumstances provided for in Article 3 of these Measures, the framework agreement procurement of the agreement supplier shall not be increased except through the supplementary collection procedure agreed in the framework agreement. The procedures for public solicitation of closed framework agreements shall be carried out in accordance with the provisions of public bidding for government procurement, and where there are other provisions in these Measures, such provisions shall prevail. Article 10 Open framework agreement procurement refers to the framework agreement procurement that conforms to the circumstances specified in paragraph 2 of this article, specifies the conditions of the framework agreement such as procurement requirements and payment standards, and suppliers willing to accept the conditions of the agreement can apply to join the framework agreement procurement at any time. The procedures for public solicitation of open framework agreements shall be implemented in accordance with the provisions of these Measures. Under any of the following circumstances, an open framework agreement can be adopted for procurement: (1) In the circumstances provided for in paragraph 1 of Article 3 of these Measures, it is not appropriate to eliminate suppliers due to the implementation of government procurement policies, or limited by infrastructure, administrative licensing, intellectual property rights, the number of suppliers is less than 3 and it is not appropriate to eliminate suppliers; (2) The circumstances provided for in the third paragraph of the first paragraph of Article 3 of these measures can determine the unified payment standard, and due to the convenience requirements of geographical services, it is necessary to admit all suppliers who are willing to accept the terms of the agreement to join the framework agreement, so that the service object can choose independently. Article 11 The centralized procurement agency or the competent budget unit shall determine the procurement requirements of the framework agreement. The procurement requirements of the framework Agreement shall not change during the validity period of the framework Agreement. To determine the procurement needs of the framework agreement, a demand survey should be carried out to listen to the opinions of purchasers, suppliers and experts. When conducting demand surveys for buyers and suppliers, representative survey objects should be selected, and the survey objects are generally no less than 3. Article 12 The procurement requirements of framework agreements shall comply with the following provisions: (a) to meet the actual needs of the purchaser and the service object, in line with the market supply situation and market fairness standards, while ensuring the function, performance and necessary procurement requirements to promote competition; (2) comply with the budget standards, asset allocation standards and other relevant provisions, practice strict economy, may not exceed the standard procurement; (3) In accordance with the Classification Catalogue of Government Procurement Items, the procurement target is detailed to the bottom level of the items, and the procurement needs of different grades, specifications or standards are subdivided, and the procurement package is reasonably set up; (4) The goods project shall specify the technical and commercial requirements of the goods, including functions, performance, materials, structure, appearance, safety, packaging, delivery time, delivery geographical scope, after-sales service, etc.; (5) The service project shall specify the service content, service standards, technical support, service personnel composition, the geographical scope of service delivery or implementation, as well as the quality standards of the goods involved and the measurement method of the service workload. Article 13 The centralized procurement agency or the competent budget unit shall determine the maximum limited unit price of framework agreement procurement in the collection announcement and collection documents. The solicitation documents may specify the quantity price relationship discount, that is, to reach a certain amount of procurement, the price shall be reduced in accordance with the discount specified in the solicitation documents. In an open framework agreement, the payment standard is the maximum limited unit price. The maximum limit unit price is the maximum price of the supplier's response to the offer in the first stage. The first stage response quotation of the shortlisted supplier (with volume and price relationship discount, including volume and price relationship discount, hereinafter referred to as the agreement price) is the maximum price of the purchaser or the service object to determine the second stage transaction supplier. When determining the maximum unit price, if there is a government price, the government price shall be implemented; Where there is no government pricing, it shall be determined scientifically through demand investigation and according to demand standards, and procurement items belonging to the circumstances provided for in the first paragraph of the second paragraph of Article 10 of these measures shall be determined through consultation with suppliers if an open framework agreement is required. The unit price of goods items is determined according to units of measurement such as units (sets), including after-sales service and other related service costs. The unit price of the service item shall be determined according to the price of the object of the unit purchase or the unit price of labor. The cost of the goods involved in the service project shall be converted into the unit price of the service project, and the settlement rules shall be clearly defined if the actual settlement is required. Article 14 A framework agreement shall include the following: (1) the name, address and contact information of the central procurement agency or the competent budget unit and the shortlisted suppliers; (2) the name and number of the procurement item; (3) procurement requirements and the maximum unit price limit; (4) The detailed technical specifications or service content, service standard and agreed price of the finalist products in the first stage of the closed framework agreement; (5) Rules for the upgrading of shortlisted products; (vi) The method of determining the suppliers for the second stage of transaction; (7) The scope of purchasers or service objects to which the framework agreement applies, and the geographical scope of performance of the contract; (8) The method, time and conditions of fund payment; (9) the text of the procurement contract, including the simplified contract or vouchers and orders with the nature of a contract that are applicable as required; (10) the term of the framework agreement; (11) Finalist supplier withdrawal and supplementary rules; (12) Rights and obligations of the parties; (13) Other matters to be agreed upon. Article 15 The centralized procurement agency or the competent budget unit shall scientifically and reasonably determine the term of the framework agreement according to the needs of the work and the market supply and price changes of the target of the procurement. The validity period of the framework agreement for the goods project is generally not more than 1 year, and the validity period of the framework agreement for the service project is generally not more than 2 years. Article 16 The centralized procurement agency or the competent budget unit shall organize the implementation of the framework agreement according to the provisions of the framework agreement, and perform the following duties: (a) to provide work facilitation for the second stage contract award; (2) To manage the implementation of the second stage of the maximum price limit and demand standards; (3) Manage the situation of suppliers in the second stage; (d) According to the framework agreement, on the premise that the quality is not reduced, the price is not increased, the shortlisted suppliers due to product upgrading, replace the original shortlisted products with new products review; (5) Establish a user feedback and evaluation mechanism, accept the feedback and evaluation of the shortlisted suppliers' performance of the framework agreement and procurement contract, and disclose the feedback and evaluation of the users to the buyers and service customers as a reference for the direct selection of the suppliers in the second stage; (6) Disclosure of the results of the second phase of the closed framework agreement; (7) Handle the withdrawal and supplement related matters of shortlisted suppliers. Article 17 The purchaser or the service object shall award the second-stage procurement contract to the shortlisted supplier for the goods and services agreed in the procurement framework agreement, except as otherwise provided for in Article 37 of these Measures. The procurement under the same framework agreement shall use a unified procurement contract text, and the purchaser, the service object and the supplier shall not change the substantive terms of the contract agreed upon in the framework agreement without authorization. Article 18 The shortlisted supplier of the goods project framework agreement shall be the manufacturer of the shortlisted product or the only authorized supplier of the manufacturer. Shortlisted suppliers can entrust one or more agents, accept the contract award from the purchaser in accordance with the framework agreement, and perform the procurement contract. The shortlisted supplier shall provide the entrustment agreement and the entrustment agent list in the framework agreement. Article 19 If the shortlisted supplier has any of the following circumstances and has not signed a framework agreement, its shortlisted qualification shall be cancelled; If a framework agreement has been signed, the framework agreement signed with it shall be terminated: (1) maliciously colluding to seek shortlisting or contract completion; (2) Providing false materials to seek shortlisting or contract completion; (3) Refusing to accept the contract award without justifiable reasons; (4) failure to perform the contractual obligations or the performance of the contractual obligations is not in conformity with the contract, and failure to perform the contractual obligations after the purchaser requests performance or failure to perform as agreed; (5) During the validity period of the framework agreement, participation in government procurement activities is prohibited or restricted due to illegal acts; (6) Other circumstances stipulated in the framework agreement. Suppliers that have been disqualified from the shortlist or have been terminated from the framework agreement shall not participate in the supplementary solicitation of the same closed framework agreement, or re-apply to join the same open framework agreement. Article 20 A finalist supplier of a closed framework agreement shall not voluntarily give up the finalist qualification or withdraw from the framework agreement without justifiable reasons. Open Framework Agreement shortlisted suppliers can apply to withdraw from the framework agreement at any time. The centralized procurement agency or the competent budget unit shall, within 2 working days after receiving the withdrawal application, publish the withdrawal announcement of the shortlisted supplier. Article 21 The solicitor shall establish a true and complete framework agreement procurement file and properly keep the procurement documents of each procurement activity. Unless otherwise agreed by the solicitor and the purchaser, the procurement documents granted under the contract shall be kept by the purchaser. Procurement files may be stored in electronic form, and electronic files and paper files have the same effect. Chapter III Closed framework agreement procurement Section 1 Conclusion of a closed framework agreement Article 22 The solicitor shall issue an announcement of solicitation. The announcement of solicitation shall include the following main contents: (1) the name, address, contact person and contact information of the solicitor; (b) the procurement project name, number, procurement demand and maximum limit unit price, the scope of purchasers or service objects applicable to the framework agreement, can estimate the procurement quantity, should also be clearly estimated procurement quantity; (3) the qualifications of suppliers; (4) the term of the framework agreement; (5) The time, place and method of obtaining the solicitation documents; (vi) the submission method, submission deadline and place of the response document, and the opening method, time and place; (7) the time limit for announcement; (8) Other matters stipulated by financial departments at or above the provincial level. Article 23 The solicitor shall prepare the solicitation documents. The solicitation documents shall include the following main contents: (1) Invitation to participate in solicitation activities; (2) The qualification materials to be submitted by the supplier; (3) Methods and standards for qualification examination; (4) procurement requirements and the maximum unit price limit; (5) government procurement policy requirements and policy implementation measures; (6) The term of the framework agreement; (7) Quotation requirements; (viii) Determine the evaluation method and evaluation criteria of the first stage shortlisted suppliers, determine the elimination rate of shortlisted suppliers or the upper limit of the number of shortlisted suppliers and the invalid response documents; (9) the preparation requirements of the response document, the submission method, the submission deadline and place, the opening method, time and place, and the validity period of the response document; (10) the text of the framework agreement to be signed and the text of the procurement contract; (XI) The method of determining the suppliers for the second stage of transaction; (12) The method, time and conditions of payment of procurement funds; (13) Rules for the upgrading of finalist products; (14) User feedback and evaluation mechanism; (15) The withdrawal and supplementary rules of the shortlisted suppliers; (16) The supplier's credit information inquiry channels and cut-off points, the specific ways of credit information inquiry records and evidence retention, and the rules for the use of credit information; (17) Standards and methods for collecting agency fees of purchasing agencies; (18) Other matters stipulated by financial departments at or above the provincial level. Article 24 The supplier shall prepare the response document in accordance with the requirements of the solicitation document, and bear legal responsibility for the authenticity and legality of the response document. The technical, commercial and other conditions of the goods and services responded by the supplier shall not be lower than the procurement demand, and the goods shall in principle be the specifications and models already sold on the market, and shall not be products exclusively for government procurement. Only one product can be used to respond to each purchase package of the goods item. If the solicitation document requires, the optional parts and consumables of the product should be quoted at the same time. If the service item includes goods, the list of goods and quality standards shall be specified in the response document. Article 25 The evaluation methods for determining the shortlisted suppliers in the first stage include price priority method and quality priority method. The price priority method refers to the evaluation method for goods and services that meet the procurement needs and respond to quotations that do not exceed the maximum limited unit price, which is sorted from low to high according to the response quotation, and determines the shortlisted suppliers according to the elimination rate or the maximum number of shortlisted suppliers stipulated in the solicitation documents. The quality priority method refers to the comprehensive quality score for the goods and services that meet the procurement needs and respond to quotations that do not exceed the maximum limited unit price, and the evaluation method is determined according to the elimination rate or the maximum number of shortlisted suppliers according to the quality score from high to low. The quality factors of the goods project include the technical level of the procurement object, product configuration, after-sales service, etc. The quality factors of the service project include the service content, service level, the supplier's performance ability, service experience, etc. The quantifiable indicators in the quality factors should be divided into equal grades and used as scoring items. Other indicators in the quality factor can be used as substantive requirements, not as scoring items. Projects with government pricing or government-guided prices, as well as testing, experimental and other instruments and equipment with special requirements for quality, may adopt the quality priority method, and other projects shall adopt the price priority method. Article 26 Where a framework agreement is made to purchase equipment such as photocopying, printing, experimental and medical equipment with large consumption of consumables, the supplier shall be required to quote the special consumables within the agreed period of more than 3 years at the same time. The evaluation shall take into account the cost of use of special consumables within the agreed period, and the response quotation or quality score of the revised instrument and equipment. The solicitor shall stipulate in the solicitation documents, framework agreement and procurement contract that the shortlisted supplier shall, within the agreed period of time, supply special consumables to the purchaser applicable to the framework agreement at a price no higher than its quoted price. Article 27 When determining the shortlisted suppliers in the first stage, the suppliers that submit the response documents and meet the qualification conditions and substantive requirements shall be no less than 2, and the elimination ratio shall generally not be less than 20%, and at least one supplier shall be eliminated. For the procurement of testing, experiments and other instruments and equipment using the quality priority method, the elimination ratio shall not be less than 40%, and at least one supplier shall be eliminated. Article 28 The announcement of the shortlisted results shall include the following main contents: (1) The name and number of the procurement item; (2) the name, address, contact person and contact information of the solicitor; (3) Name, address and ranking of the shortlisted suppliers; (4) the highest entry price or the lowest entry score; (5) the product name, specifications and models or the main service content and service standards, and the unit price; (6) List of members of the review panel; (7) procurement agency service fee standards and amounts; (8) the time limit for public announcement; (9) Other matters stipulated by financial departments at or above the provincial level. Article 29 The centralized procurement agency or the competent budget unit shall sign a framework agreement with the shortlisted suppliers within 30 days from the date of the notification of finalization, and within 7 working days after the framework agreement is signed, file the framework agreement with the financial department at the same level as the newspaper. The Framework agreement shall not substantially modify the matters identified in the solicitation documents and the response documents of the shortlisted suppliers. Article 30 The solicitor shall, within 3 working days after the signing of the framework agreement, inform all purchasers or service objects applicable to the framework agreement of the shortlisted information through the electronic procurement system. The shortlisted information shall include the name, address, contact information, product information and agreed price of all shortlisted suppliers. The information of the shortlisted products shall specify in detail the technical specifications or service content, service standards and other content that can reflect the quality characteristics of the products. The solicitor shall ensure that the solicitation documents and shortlisted information are readily available for public inspection throughout the validity of the Framework Agreement. Article 31 Unless the remaining shortlisted suppliers are less than 70% of the total number of shortlisted suppliers and affect the implementation of the framework agreement, the solicitor shall not supplement the soliciting suppliers during the validity period of the framework agreement. Where the solicitor supplements the solicitation supplier, the supplementary solicitation rules shall be stipulated in the framework agreement, and the conditions, procedures, evaluation methods and elimination ratio of the supplementary solicitation shall be the same as that of the initial solicitation. Supplementary solicitation shall comply with the validity period of the original framework agreement. During the supplementary collection period, the original framework agreement shall continue to be performed. Section II Award of procurement contracts Article 32 The methods for determining the suppliers in the second stage of transaction include direct selection, secondary bidding and sequential waiting. The direct selection method is the main way to determine the supplier of the second stage. In addition to the solicitor according to the characteristics of the procurement project and improve performance and other requirements, in the solicitation documents to adopt a secondary bidding or sequential waiting method, determine the second stage of the transaction suppliers should be determined by the purchaser or the service object based on the price of the shortlisted products, quality and service convenience, user evaluation and other factors, from the first stage of the shortlisted suppliers directly selected. Article 33 The second bidding method refers to the method in which the finalist products agreed in the framework agreement and the procurement contract text are used as the basis, the agreed price is the maximum price, the purchaser specifies the bidding demand in the second stage, selects all suppliers meeting the bidding demand from the shortlisted suppliers to participate in the second bidding, and determines the lowest quotation as the transaction supplier. The second bidding shall give the supplier the necessary response time. Secondary bidding is generally applicable to the procurement projects that adopt the price priority method. Article 34 The sequential waiting method refers to the method of awarding procurement contracts to all shortlisted suppliers in turn according to the waiting order rules determined in the solicitation documents. Each shortlisted supplier has only one opportunity to be awarded a contract within a sequential waiting period. After the order of contract award is determined, all shortlisted suppliers shall be informed in writing. Except for the removal of shortlisted suppliers and supplementary solicitation, the order of contract award shall not be adjusted during the validity period of the framework agreement. Sequential waiting generally applies to service items. Article 35 Where the supplier is determined by second bidding or sequential waiting, the solicitor shall, within 2 working days after the supplier is determined, issue a transaction result announcement one by one. A single announcement of the result of the transaction can be published in the media designated by the financial department at or above the provincial level, and can also be published in the electronic procurement system for the procurement of the framework agreement, and the channel for the release of the announcement of the result of the transaction shall be informed of the supplier in the collection document or the framework agreement. A single announcement shall include the following main contents: (1) the name, address and contact information of the purchaser; (2) Name and number of the project purchased under the framework agreement; (3) The name, address and transaction amount of the supplier; (4) the name, specification and model of the transaction object or the main service content and service standard, quantity and unit price; (5) The time limit for announcement. The solicitor shall issue a summary announcement of the transaction results within 10 working days after the expiration of the validity of the framework agreement. The summary announcement shall include the contents of items 1 and 2 of the preceding paragraph and the names and addresses of all suppliers and the total number and total amount of contracts concluded. Article 36 A fixed-price contract shall be concluded for procurement under a framework agreement. Where the total contract price is determined on the basis of the actual purchased quantity and the agreed price, the actual purchased quantity or the measurement method shall be specified in the contract, including the detailed workload list such as the number of working days of the service item used to calculate the contract price and the service workload. The purchaser shall require the supplier to provide relevant records or vouchers that can prove its performance in accordance with the contract quantity or workload list, which shall be archived together as acceptance data. Article 37 Where the purchaser proves that it can purchase the same goods from the non-shortlisted supplier at a lower price, and the shortlisted supplier does not agree to reduce the price below the non-shortlisted supplier, the contract may be awarded to the non-shortlisted supplier. Where the provisions of the preceding paragraph apply to the procurement project, the solicitor shall specify it in the solicitation documents and agree on it in the framework agreement. Where the purchaser awards the contract to a non-shortlisted supplier, it shall copy the transaction result to the solicitor within 1 working day after determining the transaction supplier, and the solicitor shall publish the transaction result announcement in accordance with the requirements of a single announcement. The purchaser shall file the relevant supporting materials together with the procurement contract for future reference. Chapter IV procurement of open framework agreement Article 38 Where an open framework agreement is concluded, the solicitor shall issue a solicitation announcement and invite the supplier to join the framework agreement. The announcement of solicitation shall include the following main contents: (1) Items 1 to 4 of Article 22 and items 2 to 3 of Article 23 and items 13 to 16 of these Measures; (2) An invitation to enter into an open framework agreement; (3) The method and place of submitting the application for joining the Framework Agreement by the supplier, as well as the requirements for the application documents; (4) The contents of the framework agreement such as the geographical scope of performance of the contract, the rights and obligations of the parties to the agreement, and the liquidation mechanism of the shortlisted suppliers; (5) the text of the procurement contract; (6) payment standards, fee settlement and payment methods; (7) Other matters stipulated by financial departments at or above the provincial level. Article 39 After the release of the solicitation announcement and before the expiration of the framework agreement, the supplier may submit an application for joining the framework agreement at any time in accordance with the requirements of the solicitation announcement. The solicitor shall complete the audit within 7 working days after receiving the supplier's application, and notify the applicant of the audit result in writing. Article 40 The solicitor shall, within 2 working days after the approval of the audit, publish the announcement of the shortlisted results, announce the name, address, contact information and payment standard of the shortlisted suppliers, and dynamically update the information of the shortlisted suppliers. The solicitor shall ensure that the solicitation announcement and the announcement of the shortlisted results are available for public inspection at any time throughout the validity period of the Framework Agreement. Article 41 The solicitor may, according to the characteristics of the procurement project, declare in the solicitation announcement whether to sign a written framework agreement with the supplier separately. If the written framework agreement is no longer declared, the announcement of the shortlisted results shall be deemed as the signing of the framework agreement. Article 42 The supplier of the second stage transaction shall be directly selected by the purchaser or the service object from the shortlisted supplier of the first stage. After the supplier performs the contract, the supplier shall settle the costs with the purchaser according to the vouchers, orders and settlement methods agreed in the framework agreement. Chapter V Legal liability Article 43 Where the budget unit in charge, the purchaser or the procurement agency violates the provisions of these Measures, the financial department shall order it to make corrections within a time limit; If the circumstances are serious, a warning shall be given, and the persons directly in charge and other responsible persons shall be given sanctions by their competent administrative departments or relevant authorities according to law and notified. Article 44 Violation of the provisions of these measures, after being ordered to correct, still affect or may affect the shortlisting results or transaction results, in accordance with the government procurement Law and other relevant laws and administrative regulations. Article 45 Where a supplier has one of the first three circumstances in the first paragraph of Article 19 of these Measures, as well as giving up the finalization of the closed framework agreement or withdrawing from the closed framework agreement without justifiable reasons, it shall be investigated for legal responsibility in accordance with the Government Procurement Law and other relevant laws and administrative regulations. Article 46 Where a party to government procurement violates the provisions of these Measures and causes losses to others, it shall bear civil liability according to law. Article 47 Where a financial department or its staff commits such illegal and disciplinary acts as abuse of power, neglect of duty, favoritism and malpractice in the performance of its supervisory and administrative duties, it shall be investigated for corresponding responsibilities according to law. Chapter VI Supplementary Provisions Article 48 Except for the provisions of Article 35 of these Measures, the announcement information provided for in these measures shall be published on the media designated by the financial department at or above the provincial level. Article 49 Where these measures provide for a daily calculation period, the starting day is not counted, and the calculation starts from the next day. If the last day of the time limit is a national holiday, the time limit shall be extended to the next day after the holiday. Article 50 The terms "above", "below", "within", "within", "not less than" and "not more than" as used in these Measures shall include this amount; The term "insufficient" or "less than" does not include this figure. Article 51 The financial departments of all provinces, autonomous regions and municipalities directly under the Central Government may formulate specific measures for their implementation in accordance with these Measures. Article 52 These Measures shall come into force as of March 1, 2022. |