Article 2 These Measures shall apply to the submission and reply of government procurement queries and the submission and handling of complaints.
Article 3 The government procurement suppliers (hereinafter referred to as suppliers) shall follow the principles of compliance with laws and regulations, honesty and credibility.
Article 4 Answers and complaints about government procurement shall adhere to the principles of compliance with laws and regulations, equality of rights and responsibilities, fairness, justice, simplicity and efficiency.
Article 5 The purchaser is responsible for answering the supplier's questions. If the purchaser entrusts a procurement agency to purchase, the procurement agency shall make a reply within the scope of authorization.
The financial department of the people's government at or above the county level (hereinafter referred to as the financial department) shall be responsible for handling supplier complaints according to law.
Article 6 Supplier complaints shall be handled by the financial department at the same level according to the budget level of the purchaser.
Complaints about cross-regional joint procurement projects, if the purchaser's budget level is the same, shall be handled by the financial department agreed in advance in the procurement documents; If it is not agreed in advance, the financial department that first received the complaint shall be responsible for handling it; If the purchaser's budget level is different, the financial department with the highest budget level shall be responsible for handling it.
Article 7 The purchaser and the procurement agency shall specify in the procurement documents the way, contact department, contact telephone number and mailing address of accepting the inquiry.
The financial department at or above the county level shall publish the complaint acceptance method, contact department, contact telephone number and mailing address on the government procurement information release media designated by the financial department at or above the provincial level.
Article 8 A supplier may entrust an agent to make inquiries and complaints. The power of attorney shall specify the agent's name, agency matters, specific authority, time limit and related matters. If the supplier is a natural person, it shall be signed by himself; If the supplier is a legal person or other organization, it shall be signed or sealed by the legal representative and the principal responsible person, and stamped with the official seal.
When the agent raises questions and complaints, he shall submit the power of attorney signed by the supplier.
Article 9 If a consortium participates in government procurement activities, the complaints shall be filed by all the suppliers that form the consortium.
Chapter II Questions and Answers
Article 10 If a supplier believes that his rights and interests have been damaged by the procurement documents, procurement process, bid winning or transaction results, he may, within 7 working days from the date when he knows or should know that his rights and interests have been damaged, submit a written query to the purchaser and procurement agency.
Procurement documents may require suppliers to make a one-time inquiry about the same procurement procedure within the statutory inquiry period.
Article 11 The supplier who raises a query (hereinafter referred to as the query supplier) shall be the supplier who participates in the procurement activities of the questioned project.
If a potential supplier has obtained the procurement documents that he can legally question, he can question these documents. Questioning the procurement documents shall be made within 7 working days from the date of obtaining the procurement documents or the expiration of the announcement period of the procurement documents.
Article 12 When a supplier raises a query, it shall submit a query letter and necessary supporting materials. The inquiry letter shall include the following contents:
(1) Name, address, postal code, contact person and telephone number of the supplier;
(2) Questioning the project name and number;
(three) there are specific and clear problems and requirements related to the problems;
(4) factual basis;
(5) Necessary legal basis;
(6) Date of question.
If the supplier is a natural person, it shall be signed by himself; If the supplier is a legal person or other organization, it shall be signed or sealed by the legal representative, principal responsible person or its authorized representative, and stamped with the official seal.
Article 13 The purchaser and procurement agency shall not refuse the inquiry letter sent by the questioned supplier within the statutory inquiry period, but shall give a reply within 7 working days after receiving the inquiry letter, and notify the questioned supplier and other relevant suppliers in writing.
Article 14 If a supplier questions the bid evaluation process, bid winning or transaction result, the purchaser and procurement agency may organize the original bid evaluation committee, competitive negotiation team, inquiry team or competitive consultation team to help answer questions.
Fifteenth questions shall include the following contents:
(1) Query the name of the supplier;
(two) the date of receipt of the inquiry letter, the name and number of the inquired item;
(3) The specific contents, factual basis and legal basis of the questions and answers;
(four) inform the supplier of the right to complain according to law;
(5) The name of the respondent;
(six) the date of reply to the question.
The contents of the inquiry reply shall not involve trade secrets.