Notice on establishing a mediation mechanism for government procurement complaints

County departments and directly affiliated units, townships (offices), county public * * * resource trading centers, government procurement agencies, and government procurement review experts:

In order to further optimize the business environment of government procurement, expand the channels for handling government procurement complaints, effectively resolve government procurement disputes, and safeguard the legitimate rights and interests of the parties involved in government procurement, according to the Government Procurement Law, the Regulations for the Implementation of the Government Procurement Law and other laws and regulations, combined with the actual situation of our county, the relevant matters concerning mediation of government procurement complaints are hereby notified as follows:

I. Principles of mediation

In accordance with the principle of "compliance with the law, honesty and credit, efficiency and convenience, and attention to effect", we will explore the establishment of a parallel mode of mediation, post-processing and mediation in handling various complaint cases, so as to effectively resolve contradictions and disputes in government procurement.

Second, the scope of mediation

Complaints under any of the following circumstances can be mediated:

(a) the complainant is not clear about the relevant laws and regulations on government procurement, and there is a deviation in understanding and does not understand the government procurement procedures.

(two) the complainant has objections to the procurement documents, the procurement process and the result of winning the bid, but the factual basis is insufficient.

(three) the financial department has accepted the complaint case, but the facts are clear and there is little dispute between the two sides.

(four) the parties have a clear intention to mediate.

Complaints that violate the mandatory provisions of laws, regulations and rules and harm the national interests, social public interests and the legitimate rights and interests of others are not suitable for mediation.

Three. intercessor

The government procurement complaint mediation work is led by the financial department to form a complaint mediation team. In principle, the mediation team consists of the following personnel: leaders in charge of government procurement in the financial sector, personnel of the government procurement affairs center of the financial sector, personnel of the supervision and inspection institutions of the financial sector, relevant personnel of the county public resource trading center, external legal consultants, government procurement evaluation experts, etc. If the mediation team members have an interest in the complainant or the respondent, they should withdraw.

Fourthly, the way of mediation

(a) for the complaint cases to which the mediation mechanism is applicable, the mediation team may organize a case consultation forum, fully listen to the opinions of the complainant and the respondent, and reach a settlement agreement through communication and consultation.

(two) the mediation team can also communicate and negotiate with the complainant and the respondent respectively, and urge the purchaser or the procurement agency to establish and rectify the reasonable demands of the complainant; Strengthen the explanation and communication of the complainant's unreasonable demands, and explain the relevant laws, regulations, rules and policies to the complainant, resolve the complainant's doubts, and strive to reach the willingness to mediate.

Verb (short for verb) mediation program

(1) Complaints that have not been formally accepted. Before issuing the Notice of Acceptance of Complaints, the financial department should analyze and judge the complaints received, and organize mediation for complaints that meet the scope of mediation after seeking the consent of the parties. If the mediation is successful, the complaint will no longer be accepted. If the complainant does not agree to mediation, or mediation fails, it shall be reviewed and accepted in accordance with the relevant provisions of the Measures for Questioning Complaints on Government Procurement.

(2) Complaints that have been accepted. If the financial department believes that contradictions and disputes can be resolved through mediation after analysis and judgment, it shall organize mediation after soliciting the consent of the parties. If the parties do not agree to mediation, or mediation fails, it shall be handled in accordance with the Measures for Questioning and Complaining about Government Procurement.

(3) After the mediation is successful, the complainant submits an application for withdrawing the government procurement complaint to the financial department. After the approval of the Finance Department, each party holds 1 copy, and the Finance Department keeps 1 copy. If the financial department refuses to accept or terminates the complaint handling, the parties concerned shall not file a complaint or report to the financial department with the same fact.

Sixth, the limitations of mediation.

If a consultation forum is held for mediation, the financial department shall inform the parties of the time, place and related matters before mediation 1 working day. The mediation period shall not exceed 15 working days in principle and 30 working days in special circumstances. The mediation period is included in the investigation and evidence collection stage. Where laws, regulations and rules provide otherwise, such provisions shall prevail.

Seven. Termination of mediation

In any of the following circumstances, the financial department shall terminate the mediation:

(a) the mediation agreement has not been reached at the expiration of the mediation period;

(two) the parties are unwilling to continue the mediation or request to terminate the mediation;

(three) the parties are absent without justifiable reasons, quit halfway or deliberately delay mediation;

(four) other circumstances that need to terminate the mediation.

Eight. any other business

(a) all procurement units, county-level public * * * resource trading centers, procurement agencies and evaluation experts should attach great importance to the mediation of government procurement complaints, actively cooperate and take the initiative to dock to ensure the smooth development of this work.

(2) In mediation, the mediation team should be based on the wishes of the parties, adhere to an objective and neutral position, do not favor or shield any party, and cannot substitute mediation for complaint handling, which will not affect the performance of administrative duties according to law.

(three) to keep confidential the state secrets, business secrets, personal privacy and information that is not disclosed according to law, and the mediation shall not charge any fees to the parties.

Xi county bureau of finance

July 8(th), 2022

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