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Government procurement regulations

Measures for determining the qualification of government procurement agencies (order no. 61 of the ministry of finance)

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Chapter I general provisions

Article 1 these measures are formulated in accordance with the government procurement law of the People's Republic of China and the relevant provisions of the state council in order to standardize the qualification determination of government procurement agencies and strengthen the administration of the qualification of government procurement agencies.

Article 2 these measures shall apply to the qualification determination of government procurement agencies.

The term "government procurement agency" as mentioned in these measures refers to the social intermediary agencies that have obtained the qualification certified by the financial department and accept the authorization of the purchaser to engage in government procurement of goods, construction and services according to law.

These measures shall not apply to centralized procurement agencies established by people's governments at various levels.

Article 3 the qualification determination of government procurement agencies shall follow the principles of openness, fairness and impartiality.

Article 4 the qualification of government procurement agencies shall be determined by the ministry of finance and the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government (hereinafter referred to as the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government) in accordance with the provisions of these measures.

Article 5 the agencies engaged in government procurement shall, in accordance with law, obtain the qualifications of government procurement agencies recognized by the ministry of finance or the financial departments of the people's governments at the provincial level.

Article 6 the qualifications of government procurement agencies are classified into grade-a qualifications and grade-b qualifications.

Government procurement agencies with class a qualifications can act for all government procurement projects.A government procurement agency that has obtained the qualification of grade b can only act for a single government procurement project with a budget of less than 10 million yuan.

Article 7 the ministry of finance shall be responsible for the confirmation of grade a qualification of government procurement agencies;The financial department of the people's government at the provincial level where the applicant's industry and commerce registration is located shall be responsible for the determination of grade b qualifications.

Article 8 the ministry of finance or the financial department of the people's government at the provincial level shall issue the qualification certificate of government procurement agency (hereinafter referred to as the qualification certificate) to the qualified government procurement agency.

The qualification certificate shall specify the name of the government procurement agency, the scope of agency business, the start and end dates of the validity period of the qualification, etc., and shall bear the seal of the financial department issuing the certificate.

The qualification certificate is divided into an original and a duplicate and is valid for three years. The holder may not lend, lease, transfer or alter the certificate.

Article 9 government procurement agencies may act as agents for government procurement in accordance with law throughout the country.No unit or individual may, by any means, obstruct or restrict the access of government procurement agencies to the government procurement market of their respective regions or industries in accordance with law.

Where a government procurement agency intends to conduct business in a province, autonomous region or municipality other than the place where it is registered for industry and commerce, it shall present a valid business license of enterprise legal person, a copy of the tax registration certificate and a copy of the qualification certificate to the financial department of the local people's government at the provincial level for the record.

Article 10 government procurement agencies shall not represent themselves or natural persons, legal persons or other organizations with equity relations to participate in government procurement projects as direct or indirect suppliers.

Article 11 in the government procurement agency business, the government procurement agency shall provide the principal with legal, convenient, high-quality, efficient and reasonably priced services.

Government procurement agencies shall not engage in government procurement agency business by improper means.

Article 12 government procurement agencies shall charge agency service fees for government procurement in accordance with relevant state regulations.

Article 13 financial departments shall not collect any fees during the qualification verification of government procurement agencies and the supervision and inspection of the agency operations of government procurement agencies.

Chapter ii application for qualifications

Article 14 a government procurement agency at grade b shall meet the following requirements:

(1) it has the status of an enterprise legal person and its registered capital is at least one million yuan;

(2) having no subordination or other interest relationship with an administrative organ;

(3) having a sound organizational structure and internal management system;

(4) having a fixed business site, a bid opening site necessary for government procurement agency business, and office equipment and facilities such as electronic monitoring;

(5) within three years prior to applying for the qualification of a government procurement agency, no criminal punishment or administrative penalty of disqualification has been imposed on him or her during business activities for violating relevant laws and regulations;

(6) full-time personnel who have participated in the required government procurement training and are familiar with the laws, economy and technology of government procurement laws and regulations and procurement agency business.Where the parent company and the subsidiary company apply separately, the full-time personnel engaged in government procurement agency business of the parent company and the subsidiary company shall not be the same;

(7) the total number of full-time personnel shall not be less than 10, among whom no less than 40 percent of the total number of full-time personnel have the qualifications for holding professional and technical posts at or above the intermediate level;

(8) other conditions stipulated by the ministry of finance.

Article 15 grade-a government procurement agency shall meet the following conditions besides the conditions listed in items 2 to 6 of article 14 of these measures:

(1) it is an enterprise legal person with a registered capital of at least RMB 5 million yuan;

(2) the total number of full-time personnel shall not be less than 30, among whom no less than 60 percent of the total number of full-time personnel have the qualifications for holding professional and technical posts at or above the intermediate level;

(3) having obtained the grade b qualification of government procurement agency for more than one year, and winning the bidding of government procurement projects in the latest two years, with the total amount of transaction reaching more than 100 million yuan;Or engaged in tendering agency business for more than two years, and the amount of winning the bid has reached more than one billion yuan in the past two years;

(4) other conditions stipulated by the ministry of finance.

Article 16 in applying for the grade b qualification of a government procurement agency, the applicant shall submit an application for qualification verification to the financial department of the people's government at the provincial level where the government is registered for industry and commerce, and shall provide the following materials:

(1) a valid copy of the business license, tax registration certificate and social insurance registration certificate of an enterprise as a legal person;

(2) a copy of the articles of association put on record by the administrative department for industry and commerce;

(3) a written declaration that it has no subordination or other interest relationship with an administrative organ;

(4) various internal management systems;

(5) having a fixed business site and the relevant certification materials of the bid opening site, electronic monitoring and other office equipment and facilities needed for government procurement agency business.Business premises and bid opening premises shall provide a copy of the property right certificate for their own premises;The business premises and bid opening premises provide the lessor's property right certificate and a copy of the lease contract or agreement for the leased premises;

(6) within three years prior to applying for the qualification of a government procurement agency, there is no written declaration of any criminal punishment or administrative penalty of disqualification due to violation of relevant laws and regulations in its business activities;

(7) a list of full-time personnel, certificate of intermediate or above professional and technical position, labor contract, certificate of management of personnel files as an agent, and a copy of the certificate of payment of social insurance premiums six months before the application or since the establishment of the enterprise (form of payment of social insurance or bank payment documents);

(8) the parent company or subsidiary company has applied for or obtained qualifications as a government procurement agency;

(9) other materials as stipulated by the ministry of finance.

Article 17 where an applicant applies for grade a qualification as a government procurement agency, the applicant shall submit an application for qualification confirmation to the ministry of finance and provide the following materials:

(1) the materials specified in article 16 of these measures;

(2) if the applicant is qualified as a grade b government procurement agency, a copy of the grade b qualification certificate shall be submitted;

(3) a list of effective performance of government procurement agents or a list of effective performance of tendering agents, and a copy of the entrustment and agency agreement corresponding to the listed performance and a written notice of the purchaser (the tenderer) determining the winning bid and the result of the transaction.

Article 18 the applicant shall submit the application materials truthfully and reflect the true situation, and shall be responsible for the authenticity of the substance of the application materials.The ministry of finance or the financial department of the people's government at the provincial level shall not require the applicant to provide any material irrelevant to the qualification determination of the government procurement agency.

Article 19 an applicant shall submit a copy of the application materials together with the corresponding original, which shall be returned after being checked and verified by the ministry of finance or the financial department of the people's government at the provincial level.

If the applicant submits the copies of the application materials to the notarial office and then binds them into a book for submission, the original copies may not be submitted.

Article 20 the ministry of finance or the financial department of the people's government at the provincial level shall, in light of the following circumstances, handle the application for qualification verification submitted by the applicant:

(1) if the matter applied for is not within the scope of functions and powers of the financial department according to law, it shall make a decision on rejection and inform the applicant to apply to the relevant departments;

(2) if there are any mistakes in the application materials that can be corrected on the spot, the applicant shall be allowed to make corrections on the spot;

(3) if the application materials are not complete or do not conform to the forms prescribed in these measures, the applicant shall be informed on the spot or within five working days of all the contents that need to be supplemented and corrected at one time.

(4) where the application items fall within the scope of functions and powers of the financial department, and the application materials are complete and conform to the forms prescribed by these measures, or the applicant has submitted all supplementary and corrected application materials as required, the application for qualification confirmation shall be accepted.

Article 21 where the ministry of finance or the financial department of the people's government at the provincial level accepts or rejects an application for recognition of qualifications, it shall issue a written certificate with its special seal and date indicated.

Article 22 the ministry of finance or the financial department of the people's government at the provincial level shall be examined the application materials submitted by the applicant, and from the date of receipt of the application for qualification, 20 working days, according to the following conditions, respectively, to make a decision, can't make decision within 20 working days, by the financial department manager's approval, could be extended by ten days, and the applicant shall be notified the reason of the extension:

(1) if the applicant's application meets the requirements as prescribed in these measures, it shall make a written decision to determine its qualification according to law, and issue a qualification certificate of class a or class b to the applicant;

(2) if the applicant's application does not meet the requirements prescribed in these measures, it shall make a written decision of disqualification according to law, explain the reasons and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

Before the ministry of finance or the financial department of the people's government at the provincial level makes a decision on qualification determination, the list of government procurement agencies to be identified shall be publicized on the designated government procurement information release media, and the publicity period shall not be less than five working days.

Article 23 the qualification of grade b government procurement agency automatically lapses after it obtains the qualification of grade a government procurement agency.

Article 24 the ministry of finance or the financial department of the people's government at the provincial level shall announce the list of government procurement agencies that have obtained the qualification in the designated media for releasing government procurement information.

Article 25 the financial department of the people's government at the provincial level shall, within 30 days from the date of approving the qualification of b class government procurement agencies, submit the list of qualified b class government procurement agencies to the ministry of finance for the record.

Chapter iii extension and alteration of qualifications

Article 26 where a government procurement agency needs to extend the validity period of its qualification as a government procurement agency obtained in accordance with law, it shall apply to the financial department that has made the decision on qualification examination and approval 60 days before the expiration of the validity period specified in the qualification certificate.

Article 27 where the grade b government procurement agency applies for renewal of qualification, it shall meet the conditions stipulated in article 14 of these measures.

Article 28 grade a government procurement agency applying for renewal of qualification shall meet the following requirements:

(1) the conditions stipulated in article 15 of these measures, with the exception of item 3;

(ii) within the validity period of the qualification certificate, the bidding of government procurement projects and the transaction amount of over 150 million yuan shall be completed as an agent.

Article 29 where an applicant files an application for extension of qualifications, it shall submit an application for extension of qualifications and provide the following materials:

(1) a valid copy of the business license, tax registration certificate and social insurance registration certificate of an enterprise as a legal person;

(2) a copy of the original qualification certificate;

(3) if the business site or the bid opening site changes, the self-owned site shall provide a copy of the property right certificate;The leased premises shall provide the property right certificate of the lessor and a copy of the lease contract or agreement;

(4) there is no written declaration in recent three years that he has been subject to any criminal punishment or administrative punishment above disqualification for violating relevant laws and regulations in his business activities;

(5) a list of full-time personnel, certificates of intermediate or above professional and technical positions, labor contracts, certificates of management of personnel files as agents, and copies of certificates of social insurance premiums paid six months before the application (forms of social insurance payment or bank payment documents);

(6) a government procurement agency of class a shall submit a list of effective performance of government procurement agency and a copy of the corresponding entrustment and agency agreement required to prove the listed performance and the written notice of the purchaser confirming the winning bid and the result of the transaction;

(7) other materials as stipulated by the ministry of finance.

Article 30. The ministry of finance or the financial department of the people's government at the provincial level, after receipt of the application for qualification to continue after review the application materials are complete, in conformity with the requirements of the legal form and shall accept the application, in accordance with the provisions of article 19 to article 21 of these measures to review, and the government procurement agency prior to the expiration of the valid period of the qualification of the applicant, a decision respectively according to the following conditions:

(1) if the applicant's application meets the requirements stipulated in these measures, it shall make a written decision to extend the qualification of government procurement agency and issue a new qualification certificate;

(2) if the applicant's application does not meet the requirements stipulated in these measures, it shall make a written decision not to extend the qualification of the government procurement agency, explain the reasons and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 31 where a government procurement agency fails to apply for renewal of its qualifications within the time limit, its qualification certificate shall automatically become invalid upon expiration of the period of validity stated in the certificate.If it is necessary to continue to act as a government procurement agency, it shall apply for the qualification of a government procurement agency again.

Article 32 where the items specified in the qualification certificate of a government procurement agency are altered according to law, it shall provide relevant supporting documents and go through the procedures for alteration or replacement of the certificates within 20 days from the date of alteration.However, if the name of the institution is changed, it shall re-apply for the qualification of government procurement agency.

Article 33 where a government procurement agency dissolves, goes bankrupt or terminates its government procurement agency business for other reasons, it shall return the qualification certificate within 10 days as of the date of the occurrence of the case and go through the cancellation procedures.

Article 34 where a government procurement agency is divided or merged, it shall return the qualification certificate within 10 days as of the date of occurrence and go through cancellation procedures.Where the separated or merged institution intends to engage in government procurement agency business, it shall apply for the qualification of government procurement agency again.

Article 35 the qualification of a government procurement agency shall automatically expire if it fails to go through relevant procedures within the period specified in articles 32 to 34 of these measures.

Chapter iv supervision and inspection

Article 36 the ministry of finance shall strengthen the supervision and inspection of the financial departments of the people's governments at the provincial level on the qualification verification of government procurement agencies, and promptly correct and deal with the illegal and illegal ACTS in the qualification verification work according to law.

The fiscal department of the people's government at or above the county level shall, in accordance with article 37 of the government procurement management authority, the government procurement agencies implement government procurement laws and regulations, including the scope of procurement, procurement, procurement procedures, agent performance and government procurement agency personnel's professional quality and professional skills, etc for the supervision and inspection, to strengthen supervision archives management, establishes a system of bad behavior announcement.

Article 38 the financial department of the people's government at or above the county level shall, in accordance with law, deal with and punish the illegal ACTS of the government procurement agency, and make a public announcement.However, the ministry of finance shall make the administrative punishment involving the grade a qualification of government procurement agency;The administrative punishment involving the qualification of grade b shall be given by the financial department or the ministry of finance of the people's government at the provincial level who have confirmed the qualification.

Article 39 the financial department of the local people's government at or above the county level shall inform in writing the financial department that has made the decision on the qualification of the government procurement agency of the result of handling and punishing the illegal ACTS of the government procurement agency.

Article 40 individuals and organizations that find government procurement agencies illegally acting on government procurement matters shall have the right to report to financial departments.If the financial department receiving the report has the power to deal with it, it shall promptly verify and deal with it;If it is not authorized to handle the matter, it shall be promptly transferred to the competent financial department for handling.

Chapter v legal liability

Article 41 where an applicant conceals relevant information or provides false materials, the ministry of finance and the financial department of the people's government at the provincial level shall refuse to accept the application, confirm or extend the qualification, and give a warning.

Article 42 where an applicant obtains the qualification as a government procurement agency by fraud, bribery or other unfair means, the financial department that has made the decision on qualification determination shall revoke the qualification certificate and withdraw the qualification certificate.Where a crime is suspected, it shall be transferred to a judicial organ for handling.

Article 43 in any of the following circumstances, a government procurement agency shall be ordered to make corrections within a time limit and given a warning;If the circumstances are serious, its qualification as a government procurement agency shall be suspended for three to six months;If the circumstances are especially serious or it fails to make corrections within the time limit, the qualification of its government procurement agency shall be cancelled and the qualification certificate shall be withdrawn;Where a crime is suspected, it shall be transferred to a judicial organ for handling:

(1) lending, leasing, transferring or altering the qualification certificate;

(2) contracting government procurement agency business beyond the scope of its authorized qualifications or by improper means;

(3) violating the provisions of article 10 of these measures;

(4) disclosing information and materials related to the procurement agency business in violation of the principal-agent agreement;

(5) unauthorized modification of procurement documents or evaluation (examination) results of bids;

(6) violating the provisions of article 71, article 72 and article 76 of the government procurement law of the People's Republic of China in acting for government procurement;

(7) other illegal ACTS prescribed by laws, regulations and rules.

A government procurement agency subject to a warning or suspension of its qualifications shall be disqualified and its qualification certificate withdrawn if it falls into one of the circumstances listed in paragraph 1 of this article again within three years after being punished;Where a crime is suspected, it shall be transferred to a judicial organ for handling.

Article 44 if a government procurement agency refuses to accept the decision on administrative handling or punishment made by the financial department, it may apply for administrative reconsideration or bring an administrative lawsuit before a people's court in accordance with law.

Chapter vi supplementary provisions

Article 45 "full-time personnel" as mentioned in these measures refers to the on-the-job personnel who sign labor contracts with the applicant and pay social insurance premiums according to law, excluding retirees.

Article 46 the ministry of finance shall be responsible for formulating the format of the application for the qualification determination and extension of the qualification of government procurement agencies.

Article 47 these measures shall go into effect as of December 1, 2010.The measures for determining the qualification of government procurement agencies issued by the ministry of finance on December 28, 2005 (decree no. 31 of the ministry of finance) shall be annulled at the same time.

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