State Council, Implementing Regulations for the PRC Government Procurement Law

Suppliers, the persons in charge of which are the same person or between which there exists a direct controlling or management relationship, may not participate in government procurement activities under the same contract.

With the exception of single-source procurement projects, a supplier that provides such service as overall design, preparation of specifications, or project management, supervision or testing for a procurement project may not further participate in other procurement activities for the project in question (Article 18)

If the purchaser or procurement agency restricts to or designates a specific patent, trademark, brand or supplier, the same shall constitute use of unreasonable conditions to treat suppliers in a differential or discriminatory manner (Article 20).

Where a government does not conduct an invitation for bids in accordance with the law for procurement for a project, it shall carry out the procurement by way of competitive negotiation or single-source procurement in accordance with the Government Procurement Law and these Regulations (Article 25).

The circumstance specified in Item (3) of Article 30 of the Government Procurement Law shall be one that the purchaser could not have foreseen or that did not occur as a result of procrastination on the part of the purchaser; the circumstance specified in Item (4) means that the total price cannot be calculated in advance due to the fact that a work of art is being procured, or due to a patent or proprietary technology or due to the fact that the time and quantity of a service cannot be determined in advance (Article 26).

The circumstance specified in Item (1) of Article 31 of the Government Procurement Law means that the goods or service can be procured only from a certain supplier because such goods or service use a patent or proprietary technology that cannot be substituted or because the public service project has specific requirements (Article 27).

If, during one financial year, a purchaser procures the same item or type of goods or service under the same budget item by means other than a public invitation for bids on multiple occasions and the aggregate amount exceeds the threshold where a public invitation for bids is required, the same will be deemed to be a division of the project into several parts to avoid a public invitation for bids, except in the case of a revision of the project budget or use of a means of procurement other than a public invitation for bids is approved (Article 28).

Related legislation: PRC Government Procurement Law (Revised in 2014); and Measures for the Administration of Government Procurement Methods Other Than an Invitation for Bids