The Ministry of Finance Order of the Ministry of Finance of the People’s Republic of China No. 19 Administrative Measures for Government Procurement Information Announcements discussed and adopted at the executive meeting, are hereby Minister, Jin Renqing August 11, 2004 Administrative Measures for Government Procurement Information Announcements ContentsChapter 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 Releasing Government Procurement Information Chapter V Legal Liabilities Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 With a view to regulating the government procurement information announcements, improving the transparency of government procurement Article 2 The term “government procurement information” refers to the laws, rules, regulations and other regulatory documents governing the The term “government procurement information announcements” means, in accordance with the present Measures, the release of the government Article 3 All purchasers or procurement agencies shall make announcements about the government procurement information in accordance with the The term “procurement agencies” as mentioned in the preceding paragraph refers to the central purchasing institutions and other lawfully Article 4 The government procurement information announcements shall follow the principles of timely information release, standard and uniform Article 5 The finance departments at or above the county level shall be responsible for supervising, inspecting and managing the activities (1) Determining the scope and content of government procurement information that shall be announced; (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 The finance departments at the provincial level (including those of the cities under separate state planning, and the same below) Except the Ministry of Finance and the province-level finance departments, no other entity or individual may designate government Article 7 The government procurement information shall first be announced through the government information release media as designated by The local government procurement information may be simultaneously announced through the government information release media as designated Chapter II Scope and Content of Government Procurement Information Announcements Article 8 The following government procurement information must be announced unless it involves the state secrets, business secrets of the suppliers, (1) Relevant laws, rules, regulations and other regulatory documents governing the government procurement; (2) The central procurement lists, government procurement quotas and bid quotas as announced by the people’s governments at the provincial (3) The directory of the agencies undertaking the bid business of government procurement; (4) The bidding and tendering information, including the announcements of public bid, announcements of preliminary examination of bidders’ (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 misconducts; and (8) Other government procurement information that shall be announced in accordance with the laws, rules and regulations. Article 9 Besides the contents as listed in Article 8 herein, the finance departments at the provincial level or above may, in light of the Article 10 The announcement of a public bid shall include 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 bidding 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 bid opening date and place; and (6) The name and telephone number of the contact person of the procurement project. Article 11 An announcement of preliminary examination of bidders’ qualifications 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 bidding project; (3) The qualification requirements for the suppliers; (4) The deadline for submitting the applications for qualification examination and certification materials, and the date of qualification (5) The name and telephone number of the contact person of the procurement project. Article 12 A bid award announcement 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 execution date of the contract; (3) The award date (giving a clear indication of serial number of the bid documents); (4) The date of the announcement of the bidding project; (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 An announcement releasing corrected procurement information 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 corrected items, content and date; and (4) The name and telephone number of contact person of the procurement project. Article 14 An announcement about the name list of procurement agencies and suppliers with records of misconducts shall contain the names of the 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 the matters to complain about; (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 Article 17 When the same piece of government procurement information is announced through different media as designated for releasing the government Article 18 If the same piece of government procurement information is announced at different times on different media as designated for releasing Article 19 The government procurement law, rules and regulations and other regulatory documents, central procurement lists, government procurement Article 20 The purchasers and their authorized procurement agencies shall be responsible for releasing the bidding and tendering information Article 21 The evaluation results of the central purchase institutions, the name list of the procurement agencies and suppliers with records Article 22 With regard to the information that is not provided in Articles 19 through 21 herein, if it relates to the government purchase supervision Article 23 Where a purchaser or procurement agency needs to announce the government procurement information, it shall offer such information Chapter IV Management of Designated Media for Releasing Government Procurement Information Article 24 The media as designated for releasing the government procurement information shall be responsible for undertaking the specific matters The media as designated for releasing the government procurement information shall embody the principle of public good when making Article 25 The media as designated for releasing the government procurement information shall announce the information according to the content Article 26 Where a medium as designated for releasing the government procurement information finds that the information offered by an information Article 27 Among the media as designated by the finance departments for releasing the government procurement information, the internet media Article 28 The media designated for releasing the government procurement information shall classify and count the government procurement information Article 29 A medium as designated for releasing the government procurement information shall make public its name and contact form. If there Chapter V Legal Liabilities Article 30 A purchaser or procurement agency that is under any of the following circumstances shall be ordered to make corrections within the (1) Failing to announce the government procurement information that should be released; (2) Failing to announce the information in the first place through the media as designated by the Ministry of Finance for releasing the (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 (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 void, and it shall (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 Where a medium designated for releasing the government procurement information is under any of the following circumstances, it shall (1) Charging 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 reasonable ground; (3) Delaying the time for releasing the government procurement information without any reasonable ground; (4) Changing the substantial content of the information offered by an information provider while announcing the government procurement (5) Other acts against the management of government procurement information. Article 33 Any entity or individual who illegally interferes with the release of government procurement information shall be ordered to make Article 34 Any entity or individual who finds that the release of government procurement information does not conform to the present Measures, Chapter VI Supplementary Provisions Article 35 The finance departments at the provincial level may formulate specific implementation measures in accordance with the present Measures. Article 36 The present Measures shall go into effect as of September 11, 2004. The Administrative Measures for Government Procurement Information |
The Ministry of Finance
2004-08-11