Li Keqiang, premier of the State Council has recently signed Order of the State Council No.658 to announce the issuance of the Implementing Regulations on the Government Procurement Law of the People's Republic of China (the "Regulations"), with effect as of March 1, 2015.
The Regulations make it clear that purchasers shall not ask for or accept gifts, rebates or other products or services which are irrelevant to the procurement and are offered by suppliers. Procurement agencies shall not gain government procurement agency business through improper means, or manipulate government procurement activities by maliciously collaborating with purchasers and suppliers. The Regulations require that, where a bidding document requires a bidder to provide a bid bond, the bid bond shall not exceed 2% of the budget of the procurement project. Where a bidder fails to provide a bid bond as required by the bidding document, the bid shall be invalid. In addition, the Regulations further elaborate on the circumstances under which purchasers, procurement agencies, suppliers and other related subjects shall be deemed to have violated the law and the legal liability thereof.