Chapter 1 General Principles Article 1 In order to regulate government procurement behavior and strengthen supervision and management, these Measures are formulated in accordance with the "Government Procurement Law of the People's Republic of China" and other relevant laws and regulations, and in combination with the actual situation of this city.
?Article 2 The term "government procurement" as mentioned in these Measures refers to the use of fiscal funds by state agencies, institutions and organizations at all levels in this city (hereinafter referred to as purchasers) to purchase goods within the centralized procurement catalog or above the procurement quota.
ACT OF WORKS AND SERVICES.
?The term "fiscal funds" as mentioned in these Measures includes funds within the fiscal budget, government funds included in the fiscal budget management, extra-budgetary funds included in the management of special financial accounts, income of public institutions and other funds included in financial management.
?Article 3: When bidding for government procurement projects, the relevant laws and regulations on bidding and bidding shall apply.
If there are no provisions on bidding laws and regulations, other procurement activities of the project shall be handled in accordance with the Government Procurement Law and other relevant government procurement regulations.
?Article 4: Government procurement information shall be publicly released to the public in a timely manner on the China Government Procurement Network and the Xiamen Municipal Government Procurement Network (hereinafter referred to as the government procurement information release media) at the same time, except for those involving state secrets and commercial secrets.
?Article 5: The municipal finance departments at all levels are the departments responsible for the supervision and management of government procurement and perform their supervisory and management responsibilities for government procurement activities at the same level in accordance with the law.
The specific daily management affairs of government procurement are the responsibility of the government procurement management agency.
?The higher-level financial departments shall supervise and guide the lower-level financial departments to perform supervision and management of government procurement activities in accordance with the law.
?Other relevant government departments shall perform supervision and management responsibilities related to government procurement activities in accordance with the law.
?Article 6: The financial department shall adopt modern information technology means and methods to implement electronic government procurement and improve government procurement efficiency and supervision level.
Chapter 2 Procurement Forms and Procurement Methods Article 7 The municipal government’s centralized procurement catalog and procurement quota standards are determined and announced based on authorization.
?Article 8: Procurement projects included in the government’s centralized procurement catalog shall be subject to centralized procurement.
?For goods, projects and services outside the government's centralized procurement catalog, if the single or batch purchase amount exceeds the prescribed limit, decentralized procurement will be implemented.
?Goods, projects and services outside the government's centralized procurement catalog and below the procurement quota shall be procured by the procurement unit itself.
?The specific implementation measures for government procurement of bulk goods will be formulated separately by the municipal finance and supervision departments.
?Article 9: Government procurement shall be conducted in accordance with the methods prescribed by the state.
?Government procurement methods include open bidding, invitational bidding, competitive negotiation, single-source procurement, inquiry and other procurement methods prescribed by the state.
?Article 10: Public bidding shall be the main procurement method for government procurement.
?When the amount of government procurement of goods or services reaches the prescribed standards, public bidding shall be adopted.
If it is necessary to use procurement methods other than public bidding due to special circumstances, approval from the municipal finance department should be obtained before the procurement activities begin.
?Article 11 The purchaser shall not break the goods or services that should be purchased through public bidding into parts or avoid public bidding and procurement in any other way.
?If the purchaser does not use public bidding to repeatedly purchase the same type of goods or services within a budget year, and the total amount of funds exceeds the public bidding amount standard, it will be deemed to be divided into parts to avoid public bidding, but procurement other than public bidding is approved in accordance with the law.
Except for the method.
?Article 12: Government procurement shall give priority to independently innovative products, energy-saving products, and environmental label products.
?Encourage honest enterprises and local high-quality product manufacturers in this city to actively participate in government procurement activities.
Chapter 3 Procurement Procedures Article 13 When purchasing goods, projects and services, the purchaser shall prepare a government procurement budget implementation plan based on the departmental budget approved by the financial department and submit it to the financial department for review.
?The government procurement budget execution plan shall include the name of the purchaser, procurement items, purchase quantity, price, specifications and technical requirements, fund source composition, estimated procurement time, delivery or completion time, etc.
?Article 14: The financial department shall review the submitted government procurement budget implementation plan, review and approve the procurement budget, procurement form and procurement method, and make timely approval.
?If the fund budget of government procurement projects needs to be adjusted, it should be done in accordance with the prescribed management authority and procedures.
?Article 15: The bid evaluation committee, negotiation team or inquiry team established in accordance with the law shall be responsible for the bid evaluation and evaluation activities of government procurement projects.
The bid evaluation committee, negotiation team or inquiry team is composed of representatives of the purchaser and government procurement evaluation experts.
The purchaser's representative shall be familiar with the economic and technical requirements of the procurement project, which shall be determined in writing by the purchaser.
? Government procurement project review experts shall be randomly selected from the municipal government’s procurement review expert database; due to special project circumstances, if the corresponding experts in the local government expert database are insufficient or unsuitable to participate in the review, they may be selected from the municipal finance department with the approval of the municipal finance department.
They are generated through random selection from the foreign government procurement review expert database.
?For technically complex and highly professional procurement projects, if it is difficult to identify suitable bid evaluation experts through random methods, with the consent of the municipal finance department, a selective method can be used to determine the evaluation experts.
The municipal government's procurement review expert database is uniformly established by the municipal finance department.