Recently, the Ministry of Finance issued
"Government Procurement Law of the People's Republic of China
(Draft for Soliciting Opinions for Revision)"
Contents are divided into ten chapters
146 items in total
Partial content related to engineering projects
See ↓
The contents related to engineering projects in this "Draft for Soliciting Opinions" include:
Article 2
[Scope of Application and Definition] This Law applies to government procurement carried out within the territory of the People's Republic of China.
Government procurement as referred to in this Law refers to the act of state organs, public institutions, group organizations and other procurement entities at all levels, using fiscal funds or other public resources to obtain goods, projects and services through contracts in order to achieve the purpose of government activities and public services, including purchase, leasing, entrustment, government and social capital cooperation, etc.
The project referred to in this law refers to construction projects, including the new construction, reconstruction, expansion, decoration, demolition, and repair of buildings and structures.
Article 29
[Support domestic industries] Government procurement shall purchase domestic goods, projects and services. Except where any of the following circumstances exists:
(I) The goods, projects or services that need to be purchased cannot be obtained in China or cannot be obtained under reasonable commercial conditions;
(II) Procurement for use outside China;
(III) Other laws and administrative regulations provide otherwise.
The definition of domestic goods, projects and services referred to in the preceding paragraph shall be implemented in accordance with relevant regulations of the State Council.
Article 40
[Internal Control Management] The purchaser shall establish and improve the internal control system for the procurement of goods, projects and services, strengthen procurement plan review, and improve the level of internal control management.
Article 44
[Competition Scope] If competitive procurement methods are adopted such as bidding, competitive negotiation, inquiry and framework agreement, open competition should be implemented, but if bidding, competitive negotiation and inquiry procurement meet any of the following circumstances, limited competition can be implemented:
(I) Restricted by infrastructure, administrative licensing, intellectual property rights, etc., it can only be purchased from suppliers with a limited scope;
(II) Scientific and technological achievements transformation projects that need to be supported;
(I) Review of suppliers' bid documents for a long time or the proportion of the cost of reviewing bid documents to the total value of government procurement projects is too large.
The bid mentioned in the preceding paragraph refers to bidding in the bidding method, negotiation response in competitive negotiation method, quotation in inquiry method, and response solicitation in the framework agreement method.
Article 75
[Applicable circumstances for inquiry] If one of the following circumstances meets one of the following circumstances, you can purchase inquiry:
(I) spot stock with sufficient supply;
(II) goods with unified specifications and standards;
(I) simple services and projects.
Article 81
[Applicable circumstances of single source] If one of the following circumstances meets one of the following circumstances, a single source can be purchased:
(I) No suppliers participate in the bidding or no qualified bid after public competition, and there is only one bidding supplier or qualified bid;
(II) An unforeseen emergency occurs and cannot be purchased from other suppliers;
(III) It is necessary to entrust institutions or natural persons with leading positions in specific fields to provide services;
(IV) Procure art works or invite cultural and artistic professionals, institutions with specific professional qualities and specific qualifications to perform or participate in Cultural activities;
(V) Procurement of prototypes, first goods or services;
(VI) Procurement under particularly favorable conditions only in a short period of time due to liquidation, bankruptcy or auction;
(VIII) It is necessary to adopt irreplaceable patents and proprietary technologies;
(VIII) Public service projects have special requirements and can only be purchased from the only supplier;
(Nine) The consistency of the original procurement project or the requirements for service supporting, and it is necessary to continue to purchase from the original supplier, or to purchase projects from the original supplier, otherwise it will affect the construction or functional supporting requirements;
(10) Others that can only be purchased from the only supplier according to law.
Article 94
[Contract Pricing Method] Government procurement contracts can adopt the following contract pricing methods according to the subject matter and performance goals of the contract:
(I) Fixed price.
(II) Cost compensation.
(III) Performance incentives. In case where technological innovation, resource conservation and early delivery can better achieve economic and social benefits, the parties to the contract can link the payment of the contract price with the supplier's performance behavior, and pay the contract price based on the quality of goods, projects and services provided by the supplier, satisfaction or fund saving rate.
Article 95
[Government and Social Capital Cooperation Contract] Government and social capital cooperation contracts shall be signed by the project implementation agency authorized by the government and the social capital party or the project company established by it.
Article 101
[Add contract] During the performance of a government procurement contract, if the purchaser needs to add goods, projects or services that are the same as the subject of the contract, he or she may negotiate with the supplier to sign a supplementary contract without changing other terms of the contract, but the purchase amount of all supplementary contracts shall not exceed 10% of the original contract purchase amount.
Article 104
[Classification Acceptance] The purchaser shall organize the acceptance of the supplier's performance, and the general goods and services shall be accepted by the purchaser organizes the acceptance personnel of the unit to accept them by themselves. The purchaser shall entrust a nationally recognized quality inspection agency to inspect the project, large or complex goods and service projects, as well as special equipment.
Government and social capital cooperation projects, the purchaser may entrust a third-party professional institution to accept it.
Article 140
[About the legal application of government procurement projects for bidding and tendering] If a government procurement project conducts bidding, the Bidding Law shall apply.
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