General situation of Fujian public resources trading center;
Fujian Public Resources Trading Center was established in April 20 14. According to the "Fujian Provincial People's Government Function Transformation and Institutional Reform Plan" and the "Notice of Fujian Provincial Party Committee Organization Committee on Printing and Distributing the Main Responsibilities of Fujian Provincial Public Resource Trading Center" (Min Wei [2014] No.6), four institutions, including the Provincial Machinery and Equipment Bureau, the Provincial Government Procurement Center, the Provincial Construction Engineering Trading Center and the Provincial Mining Rights Trading Center, were integrated to form the Fujian Provincial Public Resource Trading Center, which is a cause under the Provincial Development and Reform Commission.
In order to further standardize the relevant provisions and work contents of Fujian Tendering Network, the Measures for the Administration of Non-Tendering Procurement Methods of Government Procurement are formulated, which mainly includes general principles, general principles, competitive negotiation, single-source procurement, inquiry, legal liability and other related contents, among which the relevant provisions on legal liability are as follows:
Article 51 A purchaser or procurement agency shall be ordered to make corrections within a time limit and given a warning in any of the following circumstances; If a fine is imposed in accordance with relevant laws and administrative regulations, a fine shall also be imposed; Suspected of a crime, transferred to judicial organs according to law:
(a) failing to publish government procurement information in the designated media in accordance with the provisions of these measures;
(2) Failing to form a negotiating team or an inquiry team in accordance with the provisions of these Measures;
(3) Negotiation with suppliers in the process of inquiry purchase;
(4) Failing to determine the trading candidates in accordance with the procedures and requirements stipulated in the Government Procurement Law and these Measures;
(five) disclosure of the review and the state secrets and business secrets known in the review process.
If a procurement agency has one of the circumstances listed in the preceding paragraph and the circumstances are serious, its qualification as a government procurement agency shall be suspended for 3 to 6 months; If the circumstances are particularly serious or are not corrected within the time limit, the qualification of government procurement agency shall be cancelled.
Article 52 In any of the following circumstances, the purchaser shall be ordered to make corrections within a time limit and given a warning: if a fine is imposed in accordance with relevant laws and administrative regulations, a fine shall also be imposed:
(a) not in accordance with the provisions of the government procurement law and these measures, the use of non tender procurement;
(two) the supplier is not determined in accordance with the provisions of the government procurement law and these measures;
(3) Failing to sign a government procurement contract according to the matters specified in the procurement documents, or signing other agreements with transaction suppliers that deviate from the substantive contents of the contract;
(four) failing to submit a copy of the government procurement contract to the financial department at the same level for the record.
Article 53 If a purchaser or a procurement agency is under any of the circumstances listed in Article 51 and Article 52 of these Measures, and the circumstances are serious or refuse to correct, and the directly responsible person in charge and other directly responsible personnel belong to the staff of state organs, the appointment and removal organ or the supervisory organ shall punish them according to law and notify them.
Article 54 In case of any of the following circumstances, the supplier shall be ordered to make corrections within a time limit. If the circumstances are serious, it shall be included in the list of bad behaviors, and it shall be forbidden to participate in government procurement activities within 1 to 3 years, and shall be notified:
(1) Failing to sign a government procurement contract according to the matters specified in the procurement documents, or signing another agreement with the purchaser that deviates from the substantive contents of the contract;
(2) Failing to sign a contract with the purchaser without justifiable reasons after the transaction;
(3) Refusing to perform contractual obligations.
Fifty-fifth members of the negotiating team and the inquiry team shall be ordered to make corrections and given a warning if they commit any of the following acts; If a fine is imposed in accordance with relevant laws and administrative regulations, a fine shall also be imposed; Suspected of a crime, transferred to judicial organs according to law:
(1) accepting property or other illegitimate interests from purchasers, procurement agencies, suppliers and other interested parties;
(two) disclosure of the review and the state secrets and business secrets known in the review process;
(three) knowing that he has an interest in the supplier and not avoiding it according to law;
(four) absent without leave during the evaluation process, which affects the normal evaluation work;
(five) there are obvious unreasonable or improper tendencies in the process of bid evaluation;
(6) Failing to review the transaction according to the standards stipulated in the procurement documents.
Under any of the circumstances listed in the preceding paragraph, if the circumstances are serious, the qualification of government procurement evaluation experts shall be cancelled, and they shall not participate in the evaluation of any government procurement projects again, and shall make an announcement on the government procurement information release media designated by the financial department.
Article 56 If one of the illegal acts in Articles 51, 52 and 55 of these Measures affects or may affect the trading results, it shall be dealt with according to the following circumstances:
(1) If the supplier is not determined, terminate this procurement activity and restart the procurement activity according to law;
(2) If the supplier has been identified but the procurement contract has not been fulfilled, the contract shall be terminated and the supplier shall be determined separately from the qualified transaction candidates. If there are no qualified candidates for trading, the procurement activities should be resumed;
(3) If the procurement contract has been performed, causing losses to the purchaser and suppliers, the responsible person shall be liable for compensation according to law.
Fifty-seventh parties to government procurement who violate the provisions of the government procurement law and these measures and cause losses to others shall bear civil liability in accordance with relevant civil laws.
Fifty-eighth any unit or individual who illegally interferes with or affects the bid evaluation process or results shall be ordered to make corrections; If the person in charge of a unit or an individual belongs to the staff of a state organ, he shall be punished by the appointment and removal organ or the supervisory organ according to law.
Fifty-ninth financial sector staff in the process of supervision and management of illegal intervention in procurement activities or abuse of power, dereliction of duty, corruption, shall be punished according to law; Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law.
Fujian bidding network related information:
Website of Fujian Public Resource Trading Center:/
Fujian Provincial Government Procurement Bidding Network Contact: 059 1-83903256
Fujian Provincial Government Procurement Bidding Website Fax: 059 1-87553280
For more information about bid writing and improving the winning rate, click on the bottom customer service for free consultation.