No, government procurement contracts are drawn up by the bidding and procurement units.

1. Article 43 of the "Government Procurement Law" stipulates: "Contract law shall apply to government procurement contracts." Government procurement itself is a market behavior. In the process of establishing a procurement contract, it does not involve the exercise of administrative power. The legal status of both purchasers and sellers is equal. Therefore, government procurement contracts should generally be treated as civil contracts and contract law shall apply.

2. The basic principles stipulated in the "Contract Law" and the basic contents such as the conclusion, validity and performance of the contract shall apply to government procurement contracts. At the same time, government procurement contracts have their own particularities and the Contract Law cannot be fully applied. In this regard, the Government Procurement Law also makes some special provisions.

3. The government procurement contract is a contract signed between the bidding procurement unit (purchaser) and the winning bidder or supplier. The biggest difference between it and other contracts is that the formulation of the government procurement contract must not only comply with the "Contract The provisions of the Law, and must also comply with the provisions of the "Government Procurement Law"; the formulation of government procurement contracts must be based on bidding documents (including competitive negotiation documents, inquiry procurement documents, etc.) and cannot deviate from the basic principles of bidding documents and scope; government procurement contracts are administrative contracts, which refer to agreements between administrative entities and citizens, legal persons or other organizations on mutual rights and obligations in order to achieve administrative management purposes. One party is the relevant government department, and its purpose It is a procurement carried out by governments at all levels and their affiliated agencies for the purpose of carrying out daily government activities or providing public services to the public; government procurement contracts are dual-service and paid contracts, which means that both parties have obligations to pay each other. , a contract in which one party must pay a corresponding consideration to obtain rights. This consideration generally refers to the payment of remuneration or remuneration, which consists of financial funds.

The relevant legal provisions are as follows:

Article 43

Contract law shall apply to government procurement contracts. The rights and obligations between the purchaser and the supplier shall be agreed upon in a contract based on the principles of equality and voluntariness.

Purchasers can entrust a procurement agency to sign government procurement contracts with suppliers on their behalf. If a procurement agency signs a contract in the name of the purchaser, it shall submit the purchaser's power of attorney as an attachment to the contract.

Article 44 Government procurement contracts shall be in written form.

Article 45 The government procurement supervision and management department of the State Council shall, in conjunction with relevant departments of the State Council, stipulate the terms that must be included in government procurement contracts.

Article 46

The purchaser and the supplier who wins the bid or completes the transaction shall, within thirty days from the date of issuance of the notice of winning the bid or closing the transaction, sign a government contract in accordance with the matters determined in the procurement document. Purchase Contract.

Notices of winning bids and closing transactions have legal effect on both the purchaser and the suppliers of winning bids and closing transactions. After the notice of winning the bid or completing the transaction is issued, if the purchaser changes the result of winning the bid or completing the transaction, or if the supplier that wins the bid or completes the transaction gives up the project, he shall bear legal responsibility in accordance with the law.

Article 47 Within seven working days from the date of signing a procurement contract for a government procurement project, the purchaser shall submit a copy of the contract to the government procurement supervision and management department and relevant departments at the same level for filing.

Article 48 With the consent of the purchaser, the supplier that wins the bid or concludes the transaction may use subcontracting to perform the contract in accordance with the law.

If a government procurement contract is performed by subcontracting, the supplier that wins the bid and concludes the transaction shall be responsible to the purchaser for the procurement project and the subcontracted project, and the subcontracted supplier shall bear responsibility for the subcontracted project.

Article 49 During the performance of a government procurement contract, if the purchaser needs to add goods, projects or services that are the same as the subject matter of the contract, it may negotiate and sign with the supplier without changing other terms of the contract. Supplementary contracts, but the purchase amount of all supplementary contracts shall not exceed ten percent of the purchase amount of the original contract.

Article 50 The parties to a government procurement contract may not change, suspend or terminate the contract without authorization.

If the continued performance of a government procurement contract will harm the interests of the country and the public, both parties shall change, suspend or terminate the contract. The party at fault shall be liable for compensation. If both parties are at fault, each shall bear corresponding responsibilities.