(Jigong Zifa [2022] No. 23, issued on July 18, 2022)

Chapter 1 General Provisions

Article 1 is further specification Government procurement behavior, optimizing the government procurement business environment, protecting the legitimate rights and interests of government procurement parties, and promoting openness, fairness and impartiality in government procurement, according to the "Government Procurement Law of the People's Republic of China" and "Government Procurement Law of the People's Republic of China" This specification is formulated in accordance with the Regulations on the Implementation of the Law and relevant laws and regulations.

Article 2 Provincial agencies, institutions, social groups and relevant units (hereinafter collectively referred to as "purchasers") use fiscal funds to purchase goods, projects and services and carry out related activities, this specification shall apply.

Chapter 2 Qualification Setting

Article 3 Qualifications or certifications that are not mandatory by the state shall not be used as bidder qualifications. If the qualifications mandated by the state are used as the qualification conditions for bidders, the qualification level set shall be compatible with the scale and nature of the procurement project, and qualification level requirements that are significantly different from the scale and nature of the procurement project and are unreasonable shall not be set. Restrict suppliers from competing on an equal footing.

Article 4 If the bidder’s similar performance in a national non-specific industry is used as the qualification condition, the number of performance contracts shall generally not exceed 2 and the contract amount shall not be set, and the specific scope of similar business shall be clarified. When it comes to the procurement of innovative products supported by government procurement policies, performance requirements such as similar business contracts, number of production units, and length of use are not allowed.

Article 5 The purchaser shall not set qualification conditions based on the size of the supplier such as registered capital, total assets, operating income, employees, profits, tax payments, etc.

Article 6 The purchaser shall not use manufacturer authorization, commitment, certification, endorsement, etc. other than imported equipment as qualification requirements; shall not use any award-winning status or ranking of enterprises, rankings of products, or after-sales service. The ranking of services is used as the purchasing threshold condition.

Article 7 The business scope of the supplier shall not be used as a qualification condition.

Article 8 It is not allowed to use administrative approval items, qualifications, and certifications that are not compulsorily used in regulations and normative documents promulgated by national and local administrative agencies and that have been canceled or adjusted by the State Council as qualification conditions.

Article 9 Except for factors such as safeguarding national security interests and the quality and convenience of public services, the ownership form, organizational form or location of the supplier shall generally not be set.

Article 10 The purchaser shall not deviate from the specific characteristics and actual needs of the procurement project, set specific qualifications for a supplier arbitrarily, blindly and out of improper interests, and exclude qualified potential suppliers. For procurement projects that are not confidential or do not contain sensitive information, the supplier shall not be required to have confidentiality qualifications; when purchasing information hardware that is not system integrated, the supplier shall not be required to have system integration qualifications.

Chapter 3 Technical Parameters (Service Standards) Settings

Article 11 requires bidders’ performance and awards as bonus points conditions or conditions for winning the bid or closing the transaction. Based on the technical management characteristics and actual needs, suppliers can be required to put forward similar performance requirements as evaluation bonus points, but the purchaser should promise that the number of potential suppliers meets the competition conditions.

Article 12 The unique functional configuration and technical indicators of a certain brand of product, a specific brand, patent, trademark, design, place of origin or manufacturer, etc. shall not be used as evaluation factors or bonus points conditions. ;Projects approved by the Provincial Department of Finance to purchase imported goods shall not exclude domestically produced goods that meet the requirements.

Article 13 As a supplier qualification condition (purchasing threshold condition), it shall not be used as a scoring factor; it is not allowed to cancel the regulations and normative documents promulgated by the national and local administrative agencies that are not mandatory and have been issued by the State Council. and adjusted administrative approval items, qualifications, and certifications as evaluation factors or bonus points conditions.

Article 14 The purchaser shall not set the supplier’s scale conditions such as registered capital, total assets, operating income, employees, profits, tax payments, market ranking, market share, etc. as evaluation factors; Enterprise qualification certificates and employee professional qualification certificates issued by industry associations and chambers of commerce, shortlisted lists, etc. cannot be used as evaluation conditions.

Article 15 shall not specifically identify one or a few specific patents, trademarks, brands or suppliers, and shall not contain any other content that favors or excludes potential suppliers.

Article 16 The sales authorization letter, distribution agency agreement, after-sales service commitment letter, etc. issued by the manufacturer shall not be used as scoring factors or bonus points conditions.

Article 17 The main technical parameters or service requirements in the procurement requirements are used as the content of the compliance review, and no scoring factors are set.

Article 18 The evaluation factors should be detailed and quantified, and correspond to the corresponding business conditions and procurement needs. If the business conditions and procurement demand indicators have interval provisions, the review factors should be quantified into the corresponding intervals, and different scores corresponding to each interval should be set.

Article 19 Non-national compulsory certification certificates, qualification level certificates, award certificates, other honorary certificates, etc. as scoring factors must be related to the quality and service of the product or service and the individual score shall not exceed the total 1% of the score.

Article 20 The individual score of each scoring factor of technical indicators and business conditions shall not exceed 3% of the total score; the score difference between each level shall not exceed 3%.

Article 21 Except for national-level awards, awards by administrative departments of national ministries and commissions, and national quality and technical supervision and evaluation institutions, regional awards will not be used as scoring factors or bonus points. If national-level awards are used as scoring factors, the single score shall not exceed 3% of the total score; if awards from the administrative departments of national ministries and commissions and national quality and technical supervision and evaluation institutions are used as scoring factors, the single score shall not exceed 1% of the total score.

Article 22: Business performance, project cases, etc. as scoring factors shall not be subject to geographical restrictions, and a single bonus point shall not exceed 2% of the total score.

Article 23 Except for single-source projects, requirements such as matching with existing systems, interoperability with original equipment, and seamless interoperability with original systems shall not be required in the requirements.

Article 24 It is not allowed to require the payment of quality deposits in goods and service projects, it is not allowed to require financial reports to be loss-free, and it is not required to pay social security for more than several consecutive years.

Article 25 It shall not be required to test, trial or demonstrate the product after winning the bid and before signing the contract to change the result.

Chapter 4 Establishment of Bid Evaluation Methods

Article 26 In accordance with the "Regulations on the Implementation of the Government Procurement Law of the People's Republic of China" and "Tendering for Government Procurement of Goods and Services" According to the "Administrative Measures" and "Administrative Measures for Non-tendering Procurement Methods of Government Procurement", the bid evaluation methods for government procurement projects are divided into comprehensive scoring method and lowest evaluation price method.

Article 27 For goods with unified standards for technology, services, etc., where the responsiveness, compliance and acceptability of the bid can be easily judged or where the lowest price (cost) is required, the lowest evaluation shall be adopted. Pricing method.

Goods with unified standards refer to general office supplies, general electronic products and information technology products and consumables that have clear work content, unambiguous indicators, easy description, consistent recognition, and easy identification in the demand description of the goods. Waiting for bulk cargo.

Projects such as property services, legal services, general printing, financial auditing, broadband leasing, information services, etc. that have uniform standards for service projects, clear needs, and objectively clear service needs should adopt the lowest evaluated bid method.

Technically complex and professional large-scale equipment, teaching equipment and other goods, project costs, consulting services and other service items and objective indicators that cannot be completely determined require suppliers to provide design plans, solutions or organizations The comprehensive scoring method can be used for project design services, exhibitions, product promotions and other projects.

Article 28 When using the comprehensive scoring method, factors other than substantive terms in the procurement demand must be reflected by converted scores. The evaluation factors generally include price, business, technology and service.

The following should be noted when setting the evaluation factors:

1. The evaluation factors should accurately reflect the key needs of the purchaser;

2. The evaluation factors should be set Set on the technology or service indicators related to the quotation, that is, only the technology or services related to the bidding quotation and the quality of the procurement target can be set as evaluation factors;

3. The score setting of the scoring standard must be Corresponding to the quantitative indicators of evaluation factors, indicators that cannot be quantified cannot be used as evaluation factors. If the indicators are quantified, the corresponding scores must also be quantified;

4. The factors of comprehensive scoring must be quantified into objective scores to limit the judges’ discretion to the maximum extent.

5. The main technical parameters or service content in the procurement requirements are used as the content of the compliance review, and no scoring factors are set.

Article 29 The price score of goods items in a bidding project shall not be less than 30% of the total score; the price score of service items shall not be less than 10% of the total score. For projects that implement national unified pricing standards and adopt fixed-price procurement, the price will not be included as an evaluation factor. The price score of goods items through negotiation is 30%~60%; the price score of service items is 10%~30%.

The price score shall be calculated using the low price first method, that is, the bid that meets the requirements of the bidding documents and has the lowest bid price shall be the benchmark price for bid evaluation, and its price shall be awarded full marks. The price points of other bidders are calculated according to the following formula: Bid quotation score = (Bid evaluation benchmark price/Bid quotation) × Benchmark score.

Chapter 5: Setting of Other Contents of Procurement Documents

Article 30: Procurement requirements cannot be accurately described except in writing alone, or subjective judgment on samples is required to confirm whether the procurement requirements are met. Except for special cases such as demand, suppliers are generally not allowed to provide samples.

If you are required to provide samples, you must clarify the sample production standards and requirements, the sample evaluation methods and evaluation standards, and whether to submit a test report with the sample. If a test report is required to be submitted, the requirements of the testing agency and the test content should also be specified.

Article 31 When scoring samples, the score shall not exceed 10 points; the quantity shall in principle not exceed 5 (pieces).

Article 32 Bidding product demonstrations are generally not regarded as substantive terms. In principle, projects under the lowest bid evaluation method do not set up demonstrations in the evaluation process.

The content of the demonstration must be quantified, and it must be clear what effect is achieved at each cut-off point to score points.

Article 33 Demonstrations are limited to physical function demonstrations, information system demonstrations, and solution content demonstrations. Demonstrations should clearly identify the demonstrator and time limit. The demonstration score in the comprehensive scoring method bid evaluation is preferably 5 to 10 points, and generally does not exceed 10 points.

Chapter 6 Issuance of Change Announcements and Extension Announcements

Article 34: Necessary clarification or modification of issued procurement documents shall be made “at least within the deadline for bidding” 15 days before, at least 3 days before the deadline for submitting pre-qualification application documents, or 3 working days before the deadline for submitting first response documents; if it is less than the above time, the deadline for submission of bidding documents, pre-qualification application documents or response documents shall be extended.”

After the procurement documents are released, the supplier’s bidding scope shall not be re-confirmed unless the purchaser requests to change the bidder’s qualifications.

Chapter 7 Provisions on Handling Questions and Complaints

Article 36 If a supplier believes that the procurement documents have harmed its rights and interests, it may Questions must be raised in writing to the purchaser or purchasing agency within seven working days. Questions raised by suppliers should be raised in one go in accordance with the format and requirements of the "Supplier Question Letter".

Article 37: Questions raised by suppliers are received and, upon review, comply with the requirements of the "Government Procurement Questions and Complaints Measures", they will be forwarded to the purchaser through the procurement system for research and reply, and a reply will be guaranteed before the expiration of the reply period. Question people.

Article 38 If the purchaser believes that the challenge is not valid after replying, the supplier declares that he is satisfied with the answer, and both parties agree in writing to continue the purchase, the purchase can continue; if the purchaser does not reply on time or the supplier fails to respond If you are not satisfied, the project procurement will be suspended until the complaint period expires or the complaint handling opinions of the procurement supervision and management department will be followed.

Article 39 If a supplier complains about a project, according to the written notice of the government procurement supervision department, the document preparation handler will report it step by step, and experts will be organized in accordance with the center's "Expert Demonstration Methods" Complaints will be demonstrated item by item, and the results will be reported in writing to the government procurement supervision department.

Chapter 8 Provisions on Implementing Government Procurement Policies

Article 40 Any procurement requirements that include items specified in the "Government Procurement Item List of Energy-Saving Products" are compulsory national procurement items. In the preparation of procurement documents, they should be included in the review scope as substantive response content, and other energy-saving product categories should be listed as price concessions.

Article 41 For projects where the purchaser reserves a share specifically for procurement of small and medium-sized enterprises, the qualification of small and medium-sized enterprises shall be used as the qualification condition for the procurement project; all goods and services produced or provided by small and medium-sized enterprises shall be submitted for bidding. The target enjoys preferential policies for small and medium-sized enterprises.

Disabled enterprises and prison enterprises enjoy preferential policies for small and medium-sized enterprises.

Article 42: The state encourages the implementation of green and environmental protection policies in the implementation of government procurement, supports the development of underdeveloped areas and ethnic minority areas, and encourages genuine and independent innovation. These policies must be implemented based on the project situation.

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