Nov 28,2007
Chapter Ⅵ Query and Complaint
Article 51 Where suppliers have queries about matters regarding government procurement activities, they may raise the queries to the procuring entity, the latter shall make a timely, in which no business secrets may be contained.
Article 52 Where a supplier believes that the procurement documents, procurement proceeding or the results regarding the winner of the bid or the successful supplier harm its own rights and interests, it may, within 7 working days from the date it knows or should know that its rights and interests are harmed, raise queries to the procuring entity in writing.
Article 53 The procuring entity shall, within seven working days from the date it receives the queries of the supplier in writing, make a reply and notify in writing the supplier that raises the queries and the other suppliers concerned of the reply, in which no business secrets may be contained.
Article 54 Where a procuring agency is entrusted by the procuring entity with the procurement, the suppliers may address inquiries or queries to the agency, which shall, pursuant to Articles 51 and 53 of this Law, make a reply regarding matters within the limits of authorization given by the procuring entity.
Article 55 Where the supplier that raises queries is not satisfied with the reply made by the procuring entity or the procuring agency, or the latter fails to make a reply within the specified time limit, the supplier may, within 15 working days following the expiration of the time limit, lodge a complaint with the department for supervision over government procurement at the same level.
Article 56 The department for supervision over government procurement shall, within 30 working days after receiving the complaint, make a decision after handling the complaint and inform in writing the complainant and the parties related to the complaint of its decision.
Article 57 Depending on the specific circumstances, the department for supervision over government procurement may, during the period in which it is dealing with the complaint, notify in writing the procuring entity to suspend its procurement activities, provided that the period of suspension does not exceed a maximum of 30 days.
Article 58 Where the complaint is not satisfied with the decision made by the department for supervision over government procurement, or the latter fails to make a decision within the specified time limit, the complainant may, in accordance with law, apply for administrative reconsideration or initiate administrative proceedings in a People's Court.
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