Decree No. 110 of the Ministry of Finance of the People's Republic of China Interim Measures for the Administration of Procurement Methods under the Framework Agreement on Government Procurement

Ministry of Finance of the People's Republic of China

Treasury Order No. 110

       The Interim Measures for the Management of Procurement Methods under the Government Procurement Framework Agreement, which was deliberated and adopted at the Ministerial meeting on December 31, 2021, are hereby promulgated and will come into force as of March 1, 2022.

　Minister Liu Kun

January 14, 2022

　　Chapter 1 General provisions

Article 1 In order to standardize multi frequency and small-scale procurement activities and improve the performance of government procurement projects, this method is formulated in accordance with laws and regulations such as the Government Procurement Law of the People's Republic of China and the Implementation Regulations of the Government Procurement Law of the People's Republic of China.

Article 2 The framework agreement procurement referred to in these Measures refers to the procurement method in which the centralized procurement agency or the competent budget unit determines the first stage shortlisted suppliers and enters into a framework agreement through an open solicitation process for goods and services with clear and unified standards for technology, services, etc. that require repeated procurement. The purchaser or service object determines the second stage successful suppliers within the shortlisted suppliers and enters into a procurement contract in accordance with the rules stipulated in the framework agreement.

The competent budget unit referred to in the preceding paragraph refers to the state organs, institutions, and organizations responsible for preparing departmental budgets and submitting budget applications to the local finance department.

Article 3 If any of the following situations are met, the framework agreement procurement method may be used for procurement:

（1） The items within the centralized procurement catalog, as well as the necessary consumables, accessories, etc. that match them, belong to small-scale sporadic procurement;

（2） Except for the centralized procurement catalog, legal, evaluation, accounting, auditing and other authentication consulting services required for administrative management of this department and system above the procurement limit standard belong to small-scale sporadic procurement;

（3） Government procurement service projects that provide services to service recipients outside the department or system, beyond the centralized procurement catalog and above the procurement limit standard, require the selection of two or more suppliers by the service recipients themselves;

（4） Other circumstances stipulated by the financial department of the State Council.

The term 'above the procurement limit standard' referred to in the preceding paragraph means that the annual procurement budget for goods or services of the same item or category exceeds the procurement limit standard.

In the case of the second item of the first paragraph of this article, if the competent budget unit is able to gather demand and form a single project for procurement, and meet the demand through the signing of procurement contracts with uncertain time, location, and quantity, the framework agreement procurement method shall not be adopted.

Article 4 Framework agreement procurement includes closed framework agreement procurement and open framework agreement procurement.

Closed framework agreement procurement is the main form of framework agreement procurement. Unless otherwise provided by laws, administrative regulations or these Measures, framework agreement procurement shall adopt closed framework agreement procurement.

Article 5 For items within the centralized procurement catalog and necessary consumables, accessories, etc. that are purchased using a framework agreement, the centralized procurement agency shall be responsible for the collection process and the establishment of the framework agreement.

For items outside the centralized procurement catalog that are procured using framework agreements, the responsible budget unit shall be responsible for the collection process and the establishment of framework agreements. If other budget units have a genuine need, they may adopt the framework agreement procurement method with the approval of their supervisory budget unit. If other budget units adopt the framework agreement procurement method for procurement, they shall comply with the provisions of this method regarding the competent budget unit.

The competent budget unit may entrust a procurement agency to act as an agent for framework agreement procurement, and the procurement agency shall carry out procurement activities within the scope of the commission in accordance with the law.

Centralized procurement agencies, budget units in charge, and their authorized procurement agencies are collectively referred to as collectors in these measures.

Article 6 Framework agreement procurement shall follow the principles of competition and performance, and shall have clear procurement targets and pricing mechanisms. The method of selecting suppliers who meet the qualification conditions shall not be adopted.

Article 7 Framework agreement procurement shall implement electronic procurement.

Article 8 If a centralized procurement agency adopts framework agreement procurement, it shall formulate a procurement plan and submit it to the local financial department for review before implementation. If the budget unit in charge adopts a framework agreement for procurement, it shall submit the procurement plan to the local finance department for filing before the procurement activity begins.

　　 Chapter 2 General Provisions

Article 9 Closed framework agreement procurement refers to the procurement of framework agreements that comply with the provisions of Article 3 of these Measures, and after the framework agreement is concluded through open competition, no additional agreement suppliers may be added to the framework agreement procurement except through the supplementary solicitation procedures stipulated in the framework agreement.

The public solicitation procedure for closed framework agreements shall be carried out in accordance with the provisions of government procurement open bidding. If there are other provisions in these Measures, they shall prevail.

Article 10 Open framework agreement procurement refers to framework agreement procurement that meets the conditions specified in the second paragraph of this article, clarifies procurement requirements and payment standards, and allows suppliers who are willing to accept the agreement conditions to apply to join at any time. The public solicitation process for open framework protocols shall be carried out in accordance with the provisions of these Measures.

If any of the following situations are met, open framework protocol procurement can be adopted:

（1） Under the circumstances specified in Article 3, Paragraph 1, Item 1 of these Measures, if it is not appropriate to eliminate suppliers due to the implementation of government procurement policies, or if the number of suppliers is less than 3 and it is not appropriate to eliminate suppliers due to restrictions on infrastructure, administrative licensing, intellectual property, etc;

（2） In the circumstances specified in Article 3, Paragraph 1, Item 3 of these Measures, a unified payment standard can be determined. Due to the convenience requirements of regional services, all suppliers willing to accept the agreement conditions need to be accepted into the framework agreement for service recipients to choose independently.

Article 11 The centralized procurement agency or the competent budget unit shall determine the framework agreement procurement requirements. The procurement requirements of the framework agreement shall not be changed during the validity period of the framework agreement.

A requirement survey should be conducted to determine the procurement needs of the framework agreement, and opinions from purchasers, suppliers, experts, etc. should be solicited. When conducting demand surveys for purchasers and suppliers, representative survey subjects should be selected, with generally no less than 3 survey subjects each.

Article 12 Framework agreement procurement requirements shall comply with the following provisions:

（1） Meet the actual needs of purchasers and service recipients, comply with market supply conditions and fair market standards, and promote competition while ensuring functionality, performance, and necessary procurement requirements;

（2） Comply with relevant regulations such as budget standards and asset allocation standards, practice thrift, and shall not purchase beyond the standard;

（3） According to the "Classification Catalogue of Government Procurement Items", refine the procurement targets to the lower level items, and subdivide the procurement needs of different grades, specifications or standards, and reasonably set up procurement packages;

（4） The technical and commercial requirements of the goods project should be clearly defined, including functionality, performance, materials, structure, appearance, safety, packaging, delivery time, geographical scope of delivery, after-sales service, etc;

（5） The service project should specify the service content, service standards, technical support, composition of service personnel, geographical scope of service delivery or implementation, as well as the quality standards of the goods involved and the measurement method of service workload.

Article 13 The centralized procurement agency or the competent budget unit shall determine the maximum restricted unit price for framework agreement procurement in the solicitation announcement and solicitation documents. The solicitation documents can specify the quantity price relationship discount, that is, when a certain purchase quantity is reached, the price should be reduced according to the discount specified in the solicitation documents. In open framework protocols, the payment standard is the maximum limit unit price.

The maximum limit unit price is the highest limit price for the supplier's response quotation in the first stage. The first stage response quotation from shortlisted suppliers (including quantity price relationship discounts, collectively referred to as the agreed price) is the maximum price set by the purchaser or service recipient to determine the second stage transaction supplier.

When determining the maximum unit price limit, if there is government pricing, it shall be implemented; If there is no government pricing, it should be determined through demand investigation and scientifically determined based on demand standards. For procurement projects that fall under the circumstances specified in Article 10, Paragraph 2, Item 1 of these Measures and require the establishment of an open framework agreement, it should be determined through consultation with the supplier.

The unit price of goods is determined based on units of measurement such as units (sets), which includes related service fees such as after-sales service. The unit price of service projects is determined based on the unit purchase price or labor unit price. The cost of goods involved in the service project, which can be converted into the unit price of the service project, should be included. If it needs to be settled according to the actual situation, the settlement rules should be clearly defined.

Article 14 The framework agreement shall include the following contents:

（1） The names, addresses, and contact information of centralized procurement agencies or budget units, as well as shortlisted suppliers;

（2） Procurement project name and number;

（3） Procurement requirements and maximum unit price limit;

（4） The detailed technical specifications or service content, service standards, and agreement prices of the shortlisted products in the first stage of the closed framework agreement;

（5） Rules for upgrading and replacing shortlisted products;

（6） Determine the method for the second stage transaction supplier;

（7） The scope of purchasers or service recipients subject to the applicable framework agreement, as well as the geographical scope of contract performance;

（8） Payment method, time, and conditions for funds;

（9） The text of the procurement contract, including simplified contracts or vouchers and orders with contractual nature that are agreed upon as needed;

（10） Framework agreement period;

（11） Rules for the clearance and supplementation of shortlisted suppliers;

（12） The rights and obligations of the parties to the agreement;

（13） Other matters that need to be agreed upon.

Article 15 The centralized procurement agency or the competent budget unit shall scientifically and reasonably determine the framework agreement period based on work needs and market supply and price changes of the procurement subject matter. The validity period of the framework agreement for goods projects generally does not exceed 1 year, and the validity period of the framework agreement for service projects generally does not exceed 2 years.

Article 16 The centralized procurement agency or the competent budget unit shall organize and implement the performance of the framework agreement in accordance with the provisions of the framework agreement, and fulfill the following responsibilities:

（1） Provide work convenience for the award of the second phase contract;

（2） Manage the implementation of the maximum price limit and demand standards in the second stage;

（3） Manage the situation of suppliers confirmed for the second stage of the transaction;

（4） According to the framework agreement, under the premise of no decrease in quality and no increase in price, audits will be conducted on shortlisted suppliers who upgrade or replace their products with new ones;

（5） Establish a user feedback and evaluation mechanism, accept feedback and evaluation from the purchaser and service recipients on the performance of the framework agreement and procurement contract by the shortlisted suppliers, and publicly disclose the user feedback and evaluation to the purchaser and service recipients as a reference for directly selecting the successful supplier in the second stage;

（6） The second stage transaction results of the open closed framework agreement;

（7） Handle the clearance and supplementation of shortlisted suppliers.

Article 17 The purchaser or service recipient shall award the second stage procurement contract to the shortlisted supplier for the goods or services specified in the procurement framework agreement, except as otherwise provided in Article 37 of these Measures.

The same framework agreement procurement should use a unified procurement contract text, and the purchaser, service recipient, and supplier shall not arbitrarily change the substantive terms of the contract stipulated in the framework agreement.

Article 18 The shortlisted suppliers for the framework agreement of the goods project shall be the shortlisted product manufacturers or the only authorized suppliers of the manufacturers. Shortlisted suppliers can entrust one or more agents to accept the contract award from the purchaser and fulfill the procurement contract in accordance with the framework agreement. The shortlisted suppliers shall provide a delegation agreement and a list of authorized agents in the framework agreement.

Article 19 If a shortlisted supplier falls under any of the following circumstances and has not yet signed a framework agreement, their qualification for shortlisting shall be cancelled; For those who have already signed a framework agreement, the framework agreement signed with them shall be terminated:

（1） Maliciously colluding to seek nominations or contract transactions;

（2） Providing false materials to seek nominations or contract transactions;

（3） Refusing to accept the contract award without justifiable reasons;

（4） Failure to perform contractual obligations or failure to perform contractual obligations in accordance with the agreement, and failure to perform or fail to perform as agreed after being requested by the purchaser;

（5） During the validity period of the framework agreement, those who are prohibited or restricted from participating in government procurement activities due to illegal activities;

（6） Other circumstances stipulated in the framework agreement.

Suppliers who have been disqualified from being shortlisted or whose framework agreements have been terminated shall not participate in the supplementary solicitation of the same closed framework agreement, or reapply to join the same open framework agreement.

Article 20 The shortlisted suppliers of closed framework agreements shall not voluntarily give up their eligibility or withdraw from the framework agreement without justifiable reasons.

Open framework protocol shortlisted suppliers can apply to withdraw from the framework protocol at any time. The centralized procurement agency or the budget unit in charge shall issue a notice of withdrawal for shortlisted suppliers within 2 working days after receiving the withdrawal application.

Article 21 The solicitor shall establish a true and complete framework agreement procurement file, and properly preserve the procurement documents and materials of each procurement activity. Unless otherwise agreed by the solicitor and the purchaser, the procurement documents and materials awarded under the contract shall be kept by the purchaser.

Procurement records can be saved in electronic form, and both electronic and paper records have equal legal effect.

　　Chapter 3 Closed framework agreement procurement

　　Section 1 Conclusion of a closed framework agreement

Article 22 The solicitor shall publish a solicitation notice. The solicitation announcement should include the following main contents:

（1） Name, address, contact person, and contact information of the solicitor;

（2） The name and number of the procurement project, the procurement requirements and the maximum unit price limit, the scope of the purchaser or service object applicable to the framework agreement, and if it is possible to estimate the procurement quantity, the estimated procurement quantity should also be clearly stated;

（3） Qualification criteria for suppliers;

（4） The term of the framework agreement;

（5） The time, place, and method for obtaining the solicitation documents;

（6） The submission method, submission deadline, and location of the response document, as well as the opening method, time, and location;

（7） Announcement deadline;

（8） Other matters stipulated by financial departments at or above the provincial level.

Article 23: The solicitor shall prepare solicitation documents. The solicitation documents should include the following main contents:

（1） Invitation to participate in the solicitation activity;

（2） Qualification materials that suppliers should submit;

（3） Qualification review methods and standards;

（4） Procurement requirements and maximum unit price limit;

（5） Government procurement policy requirements and policy implementation measures;

（6） The term of the framework agreement;

（7） Quotation requirements;

（8） Determine the evaluation method and criteria for the first stage shortlisted suppliers, determine the elimination rate or upper limit of the number of shortlisted suppliers, and address the invalidity of response documents;

（9） Requirements for the preparation of response documents, submission method, submission deadline and location, opening method, time and location, as well as the validity period of response documents;

（10） The proposed framework agreement text and procurement contract text;

（11） Determine the method for the second stage transaction supplier;

（12） The payment method, time, and conditions for purchasing funds;

（13） Rules for upgrading and replacing shortlisted products;

（14） User feedback and evaluation mechanism;

（15） Rules for the clearance and supplementation of shortlisted suppliers;

（16） Supplier credit information inquiry channels and deadlines, specific methods for credit information inquiry records and evidence retention, rules for the use of credit information, etc;

（17） The collection standards and methods of agency fees for procurement agencies;

（18） Other matters stipulated by financial departments at or above the provincial level.

Article 24 Suppliers shall prepare response documents in accordance with the requirements of the solicitation documents and bear legal responsibility for the authenticity and legality of the response documents.

The technical, commercial, and other conditions of the goods and services provided by the supplier shall not be lower than the procurement requirements. In principle, the goods shall be of specifications and models already available for sale in the market, and shall not be products exclusively for government procurement. Only one product can be used to respond to each procurement package for the goods project. If there are requirements in the solicitation document, quotations should be provided for the selected accessories and consumables of the product at the same time. If the service project includes goods, the response document should include a list of goods and quality standards.

Article 25 The evaluation methods for determining the shortlisted suppliers in the first stage include price priority method and quality priority method.

Price priority method refers to the evaluation method for shortlisted suppliers based on the elimination rate or the upper limit of the number of shortlisted suppliers specified in the solicitation documents, in order of response prices from low to high, for goods and services that meet procurement needs and do not exceed the highest limit unit price.

The quality priority method refers to the comprehensive evaluation of the quality of goods and services that meet procurement needs and respond to quotations that do not exceed the maximum unit price limit. The evaluation method is based on the quality score from high to low, and the shortlisted suppliers are determined according to the elimination rate or the upper limit of the number of shortlisted suppliers specified in the solicitation documents. The quality factors of goods projects include the technical level of the procurement subject, product configuration, after-sales service, etc. The quality factors of service projects include service content, service level, supplier's performance ability, service experience, etc. The quantifiable indicators in quality factors should be divided into grades and used as scoring items; Other indicators in the quality factor can serve as substantive requirements and cannot be used as scoring items.

Projects with government set or guided prices, as well as testing and experimental equipment with special quality requirements, can use the quality priority method, while other projects should use the price priority method.

Article 26 For the framework agreement procurement of instruments and equipment such as photocopying, printing, experimentation, and medical equipment with high consumption of consumables, suppliers shall be required to provide quotations for specialized consumables within the agreed period of more than 3 years. When evaluating, the cost of using specialized consumables within the agreed period should be considered, and the response quotation or quality score of the instrument and equipment should be revised.

The solicitor shall stipulate in the solicitation documents, framework agreements, and procurement contracts that shortlisted suppliers shall supply specialized consumables to the purchaser under the applicable framework agreement at a price not higher than their quoted price within the agreed period.

Article 27 When determining the shortlisted suppliers for the first stage, there shall be no less than 2 suppliers who submit response documents and meet the qualifications and substantive requirements. The elimination ratio shall generally not be less than 20%, and at least one supplier shall be eliminated.

The procurement of testing and experimental instruments and equipment using the quality priority method shall have a minimum elimination rate of 40%, and at least one supplier shall be eliminated.

Article 28 The announcement of the shortlist results shall include the following main contents:

（1） Procurement project name and number;

（2） Name, address, contact person, and contact information of the solicitor;

（3） Name, address, and ranking of shortlisted suppliers;

（4） The highest qualifying price or lowest qualifying score;

（5） The name, specifications, or main service content and standards of the shortlisted products, as well as the shortlisted unit price;

（6） List of members of the review panel;

（7） Fee standards and amounts for procurement agency services;

（8） Announcement deadline;

（9） Other matters stipulated by financial departments at or above the provincial level.

Article 29 The centralized procurement agency or the competent budget unit shall sign a framework agreement with the shortlisted suppliers within 30 days from the date of issuance of the shortlisted notice, and within 7 working days after the signing of the framework agreement, submit a copy of the framework agreement to the local financial department for filing.

The framework agreement shall not make substantial modifications to the matters determined in the solicitation documents and the response documents of shortlisted suppliers.

Article 30 The solicitor shall inform all purchasers or service recipients of the applicable framework agreement of the shortlisted information through the electronic procurement system within 3 working days after the signing of the framework agreement.

The shortlisted information should include the names, addresses, contact information, shortlisted product information, and agreement prices of all shortlisted suppliers. The shortlisted product information should provide detailed technical specifications or service content, service standards, and other content that can reflect the quality characteristics of the product.

The solicitor shall ensure that the solicitation documents and shortlisted information are available for public access at any time during the validity period of the entire framework agreement.

Article 31 Except in cases where the remaining shortlisted suppliers are less than 70% of the total shortlisted suppliers and affect the execution of the framework agreement, the solicitor shall not supplement the solicitation of suppliers during the validity period of the framework agreement.

If the solicitor supplements the solicitation of suppliers, the supplementary solicitation rules shall be stipulated in the framework agreement, and the conditions, procedures, evaluation methods, and elimination ratio of the supplementary solicitation shall be the same as those of the initial solicitation. Supplementary solicitation shall comply with the validity period of the original framework agreement. During the supplementary solicitation period, the original framework agreement will continue to be implemented.

　　Section II Award of procurement contracts

Article 32 The methods for determining the suppliers for the second stage of transactions include direct selection, secondary bidding, and sequential waiting.

The direct selection method is the main way to determine the second stage transaction supplier. Except for the solicitation documents that specify the use of secondary bidding or sequential waiting methods based on the characteristics of the procurement project and requirements for improving performance, the determination of the second stage successful suppliers shall be directly selected by the purchaser or service recipient from the first stage shortlisted suppliers based on factors such as the price, quality, service convenience, and user evaluation of the shortlisted products.

Article 33 The second bidding method refers to the method of selecting all suppliers that meet the bidding requirements from the shortlisted suppliers to participate in the second bidding based on the shortlisted products and procurement contract texts agreed upon in the framework agreement, with the agreement price as the highest limit price. The purchaser specifies the bidding requirements for the second stage and determines the lowest bidder as the successful supplier.

Suppliers should be given necessary response time for conducting secondary bidding.

Secondary bidding is generally applicable to procurement projects that adopt the price priority method.

Article 34 The sequential waiting method refers to the method of awarding procurement contracts to all shortlisted suppliers in sequence according to the waiting order rules determined in the solicitation documents.

Each shortlisted supplier has only one chance to be awarded a contract during a sequential waiting period. After the order of contract award is determined, all shortlisted suppliers should be informed in writing. Except for the clearance of shortlisted suppliers and supplementary solicitation, the order of contract awards shall not be adjusted during the validity period of the framework agreement.

Sequential waiting is generally applicable to service projects.

Article 35 If the winning suppliers are determined through secondary bidding or sequential waiting, the solicitor shall publish the announcement of the transaction results for each transaction within 2 working days after determining the winning suppliers.

The single announcement of the transaction result can be published on the media designated by the finance department at or above the provincial level, or on the electronic procurement system for conducting framework agreement procurement. The channel for publishing the transaction result announcement should inform the supplier in the solicitation document or framework agreement. A single announcement should include the following main contents:

（1） The name, address, and contact information of the purchaser;

（2） Name and number of the framework agreement procurement project;

（3） Name, address, and transaction amount of the supplier involved in the transaction;

（4） The name, specifications, model, main service content, service standards, quantity, and unit price of the transaction subject;

（5） Announcement deadline.

The solicitor shall publish a summary announcement of the transaction results within 10 working days after the expiration of the framework agreement. The summary announcement shall include the contents of the first and second items of the preceding paragraph, as well as the names, addresses, total number of contracts, and total amount of all successful suppliers.

Article 36 Framework agreement procurement shall enter into fixed price contracts.

If the total contract price is determined based on the actual purchase quantity and the agreed price, the contract should specify the actual purchase quantity or measurement method, including a detailed list of work hours and service workload used to calculate the contract price for the service project. The purchaser shall require the supplier to provide relevant records or vouchers that can prove their performance in accordance with the agreed quantity or workload list in the contract, which shall be archived as acceptance materials.

Article 37 If the purchaser proves that they can purchase the same goods from non shortlisted suppliers at a lower price and the shortlisted suppliers do not agree to lower the price below the non shortlisted suppliers, the contract may be awarded to the non shortlisted suppliers.

If the procurement project is subject to the provisions of the preceding paragraph, the solicitor shall specify it in the solicitation documents and agree on it in the framework agreement.

If the purchaser awards the contract to a non shortlisted supplier, they shall copy the transaction result to the solicitor within one working day after determining the successful supplier, and the solicitor shall publish the transaction result announcement according to the requirements of a single announcement. The purchaser shall archive relevant supporting materials and the procurement contract for future reference.

　　Chapter 4 procurement of open framework agreement

Article 38 For the establishment of an open framework agreement, the solicitor shall publish a solicitation notice and invite suppliers to join the framework agreement. The solicitation announcement should include the following main contents:

（1） The contents of items 1 to 4 of Article 22, items 2 to 3, and items 13 to 16 of Article 23 of these Measures;

（2） Invitation to establish an open framework agreement;

（3） The method and location for suppliers to submit applications for joining the framework agreement, as well as the requirements for the application documents;

（4） The framework agreement includes the geographical scope of contract performance, the rights and obligations of the parties, and the clearance mechanism for shortlisted suppliers;

（5） Purchase contract text;

（6） Payment standards, fee settlement, and payment methods;

（7） Other matters stipulated by financial departments at or above the provincial level.

Article 39 From the release of the solicitation announcement to the expiration of the framework agreement, suppliers may submit applications to join the framework agreement at any time in accordance with the requirements of the solicitation announcement. The solicitor shall complete the audit within 7 working days after receiving the supplier's application and notify the applicant supplier in writing of the audit results.

Article 40 The solicitor shall publish a notice of the shortlisted suppliers within 2 working days after the approval of the review, announcing the names, addresses, contact information, and payment standards of the shortlisted suppliers, and dynamically updating their information.

The solicitor shall ensure that the solicitation announcement and the announcement of the shortlisted results are available for public inspection at any time during the validity period of the entire framework agreement.

Article 41 The solicitor may declare in the solicitation announcement whether to sign a separate written framework agreement with the supplier based on the characteristics of the procurement project. If it is declared that a written framework agreement will no longer be signed, the announcement of the shortlist results shall be published, which shall be deemed as the signing of the framework agreement.

Article 42 The second stage successful suppliers shall be directly selected by the purchaser or service recipient from the shortlisted suppliers in the first stage.

After the supplier fulfills the contract, they settle the expenses with the purchaser based on the vouchers, orders, and settlement methods stipulated in the framework agreement.

　　Chapter 5 Legal liability

Article 43 If the budget unit, purchaser, or procurement agency in charge violates the provisions of these Measures, the financial department shall order them to make corrections within a specified period of time; If the circumstances are serious, a warning shall be given, and the directly responsible person in charge and other responsible personnel shall be punished by their administrative department or relevant authorities in accordance with the law and notified.

Article 44 If a party violates the provisions of these Measures and, after being ordered to rectify, still affects or may affect the shortlisted results or transaction results, it shall be dealt with in accordance with relevant laws and administrative regulations such as the Government Procurement Law.

Article 45 If a supplier falls under any of the circumstances specified in Article 19, Paragraph 1, Items 1 to 3 of these Measures, or waives the qualification for shortlisting or withdraws from a closed framework agreement without justifiable reasons, they shall be held legally responsible in accordance with relevant laws and administrative regulations such as the Government Procurement Law.

Article 46 If a party involved in government procurement violates the provisions of these Measures and causes losses to others, they shall bear civil liability in accordance with the law.

Article 47 If the financial department and its staff engage in illegal and disciplinary behaviors such as abuse of power, dereliction of duty, and favoritism in fulfilling their supervisory and management responsibilities, they shall be held accountable in accordance with the law.

　Chapter 6 Supplementary Provisions

Article 48 Except as provided in Article 35 of these Measures, the announcement information specified in these Measures shall be published on the media designated by the financial department at or above the provincial level.

Article 49 If this method stipulates that the period shall be calculated on a daily basis, the starting day shall not be counted and shall be calculated from the next day. If the last day of the deadline falls on a national statutory holiday, it shall be postponed to the day after the holiday as the last day of the deadline.

Article 50 The terms "above", "below", "within", "within", "not less than", and "not exceeding" referred to in these Measures include this number; The terms' insufficient 'and' below 'do not include this number.

Article 51 The financial departments of each province, autonomous region, and municipality directly under the Central Government may formulate specific implementation measures in accordance with these Measures.

Article 52 These measures shall come into effect on March 1, 2022.