Measures for handling complaints from government procurement suppliers in Anhui government procurement network;
Chapter I General Provisions
Article 1 In order to prevent and correct illegal or improper government procurement activities, protect the legitimate rights and interests of suppliers participating in government procurement activities, safeguard the interests of the state and the public, and establish a standardized and efficient government procurement complaint handling mechanism, these Measures are formulated in accordance with the Government Procurement Law of People's Republic of China (PRC) (hereinafter referred to as the Government Procurement Law).
Article 2 These Measures shall apply to suppliers' complaints to the financial department according to law, and the financial department shall accept the complaints and make a decision on handling them.
Article 3 The financial department of the people's government at or above the county level shall be responsible for accepting and handling supplier complaints according to law.
The Ministry of Finance is responsible for supplier complaints in government procurement activities of central budget projects.
The financial department of the local people's government at or above the county level shall be responsible for the supplier complaints in the government procurement activities of the budget projects at the corresponding level.
Article 4 The financial departments at all levels shall publish the telephone and fax numbers for accepting complaints and other matters convenient for suppliers to complain on the government procurement information release media designated by the financial departments at or above the provincial level.
Article 5 The financial department shall adhere to the principles of fairness, justice, simplicity and high efficiency in handling complaints, and safeguard the interests of the state and society.
Article 6 The real-name registration system shall be implemented for supplier complaints, and complaints shall be based on specific complaints and facts, and no false or malicious complaints shall be allowed.
Chapter II Initiation and Acceptance of Complaints
Article 7 If a supplier believes that his legitimate rights and interests have been damaged by the procurement documents, procurement process, bid winning and transaction results, he shall raise questions with the purchaser and procurement agency according to law. If the purchaser or procurement agency is not satisfied with the inquiry reply, or if the purchaser or procurement agency fails to reply within the prescribed time limit, the supplier may lodge a complaint with the finance department at the same level within 15 working days after the reply expires.
Article 8 When making a complaint, a complainant shall submit a complaint, and provide a copy of the complaint according to the number of the complained purchasers, procurement agencies (hereinafter referred to as the respondent) and suppliers related to the complaint.
The complaint shall include the following main contents:
(a) the names, addresses and telephone numbers of the complainant and the respondent;
(2) Specific complaints and factual basis;
(three) questions and answers to questions and related certification materials;
(4) the date of filing the complaint.
The complaint shall be signed. If the complainant is a natural person, it shall be signed by himself; If the complainant is a legal person or other organization, it shall be signed and sealed by the legal representative or principal responsible person and stamped with the official seal.
Article 9 A complainant may entrust an agent to handle the complaint. When an agent handles a complaint, in addition to submitting the power of attorney of the complainant to the financial department at the same level, the power of attorney shall specify the specific authority and matters of the entrusted agent.
Article 10 When lodging a complaint, a complainant shall meet the following conditions:
(a) the complainant is a supplier who participates in the government procurement activities complained of;
(two) before filing a complaint, it has been questioned according to law;
(3) The content of the complaint conforms to the provisions of these Measures;
(4) lodge a complaint within the validity period of the complaint;
(5) Being under the jurisdiction of the financial department;
(six) the same complaint has not been handled by the financial department;
(seven) other conditions stipulated by the financial department of the State Council.
Article 11 After receiving a complaint, the financial department shall conduct a review within 5 working days. Those who do not meet the complaint conditions shall be dealt with in accordance with the following provisions:
(a) the contents of the complaint are not in conformity with the provisions, and inform the complainant to make a new complaint after revision;
(two) if the complaint is not under the jurisdiction of the department, it shall be transferred to the department with jurisdiction and notify the complainant;
(three) the complaint does not meet other conditions, inform the complainant in writing that it will not be accepted, and explain the reasons.
Complaints that meet the complaint conditions shall be accepted from the date when the financial department receives the complaint.
Article 12 After accepting a complaint, the financial department shall send a copy of the complaint to the respondent and the supplier related to the complaint within 3 working days.
Thirteenth the respondent and the supplier related to the complaint shall, within 5 working days from the date of receiving the copy of the complaint, make a written explanation to the financial department and submit relevant evidence, basis and other relevant materials.
Chapter III Handling and Decision of Complaints
Fourteenth financial departments to deal with complaints in principle by written examination. When the financial department deems it necessary, it may conduct investigation and evidence collection, or organize the complainant and the respondent to face-to-face cross-examine.
Fifteenth when the financial department conducts an investigation according to law, the complainant, the respondent and the units and personnel related to the complaint shall truthfully reflect the situation and provide the relevant materials required by the financial department.
Article 16 If the complainant refuses to cooperate with the financial department to investigate according to law, the complaint will be withdrawn automatically; If the respondent fails to submit relevant evidence, basis and other relevant materials, it shall be deemed as giving up the right of interpretation and agreeing to complain.
Seventeenth financial departments after examination, the complaints were made the following decisions:
(1) If the complainant withdraws the complaint, the complaint handling shall be terminated;
(2) The complaint was rejected due to lack of factual basis;
(three) if the complaint is verified, it shall be handled separately in accordance with the relevant provisions of these measures.
Article 18 If, after examination, the financial department determines that the procurement documents are obviously tendentious or discriminatory, and have caused or may cause damage to the legitimate rights and interests of the complainant or other suppliers, it shall deal with them according to the following circumstances:
(a) if the procurement activities have not been completed, it shall be ordered to modify the procurement documents and conduct procurement activities in accordance with the revised procurement documents;
(two) the procurement activities have been completed, but the government procurement contract has not yet been signed, and it is decided that the procurement activities are illegal and ordered to carry out the procurement activities again;
(three) the procurement activities have been completed, the government procurement contract has been signed, and it is determined that the procurement activities are illegal, and the respondent shall bear the corresponding liability for compensation in accordance with relevant laws and regulations.
Nineteenth financial departments after examination, that the procurement documents, procurement process affect or may affect the bid, the transaction results, or there are illegal acts in the process of winning the bid, the transaction results, according to the following circumstances:
(a) the government procurement contract has not been signed, and all or part of the procurement activities are ruled illegal according to different circumstances, and the procurement activities are ordered to be re-conducted;
(two) the government procurement contract has been signed but not yet fulfilled, decided to terminate the contract, and ordered to re purchase activities;
(three) the government procurement contract has been fulfilled, and it is determined that the procurement activities are illegal, causing losses to the purchaser and the complainant, and the relevant responsible person shall be liable for compensation.
Twentieth financial departments shall make a decision on complaint handling within 30 working days from the date of accepting the complaint, and notify the complainant, the respondent and other interested parties of government procurement in writing.
Twenty-first after the financial department makes a decision, it shall make a decision on complaint handling and affix its seal. The complaint handling decision shall include the following main contents:
(1) Names and domiciles of the complainant and the respondent;
(2) If an agent is entrusted, the name, occupation, address and contact information of the agent;
(3) The specific contents, facts and legal basis of the decision;
(four) inform the complainant of the right to apply for administrative reconsideration and bring a lawsuit;
(5) the date of decision.
The service of the complaint handling decision shall be carried out in accordance with the provisions of the Civil Procedure Law on service.
Twenty-second financial departments in handling complaints, according to the specific circumstances, may notify the respondent in writing to suspend procurement activities, but the longest suspension period shall not exceed 30 days.
The respondent shall immediately suspend the procurement activities after receiving the notice, and shall not conduct the procurement activities before the legal suspension period ends or the financial department issues a notice to resume the procurement activities.
Twenty-third financial departments shall publish the complaint handling results in the government procurement information release media designated by the financial departments at or above the provincial level.
Twenty-fourth if the complainant refuses to accept the decision of the financial department to handle the complaint or the financial department fails to handle it within the time limit, he may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.
Chapter IV Legal Liability
Twenty-fifth financial departments in the process of handling complaints, found that the respondent and its staff, members of the bid evaluation committee, suppliers have the right to deal with and punish, should be dealt with and punished according to law; If this organ has no right to handle it, it shall be transferred to the organ that has the right to handle it according to law.
Twenty-sixth the complainant has one of the following circumstances, which is a false and malicious complaint, and the financial department shall reject the complaint, put it on the list of bad behavior records, and punish it according to law:
(a) More than three complaints were found to be unsubstantiated within one year;
(2) fabricating facts or providing false complaint materials.
Twenty-seventh the respondent's illegal behavior caused losses to others, shall bear civil liability in accordance with the provisions of the relevant civil laws.
Twenty-eighth financial sector staff in the process of complaint handling, abuse of power, dereliction of duty, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Twenty-ninth financial departments in handling complaints, shall not charge any fees to the complainant and the respondent. However, the appraisal fees arising from handling complaints shall be borne by the party at fault in accordance with the principle of "whoever is at fault shall bear the burden"; If both parties are at fault, they should share it reasonably.
Thirtieth financial departments should establish a complaint handling file management system, and consciously accept the supervision and inspection conducted by relevant departments according to law.
Thirty-first business secrets and personal privacy known in the process of complaint handling shall be kept confidential by the financial department and the insider.
Article 32 These Measures shall come into force as of September 6, 2004.
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