221 is a year of major policy reform and implementation in the construction industry, especially for small and medium-sized construction enterprises, which can be described as good news! From reducing the number of qualification applications, liberalizing the qualification examination of small-scale engineering projects, and reserving the procurement of engineering projects below 4 million, all of them are inclined to small and medium-sized construction enterprises. A series of favorable policy reforms will greatly promote the development of small and medium-sized enterprises. At the same time, the requirements for the professionalism of enterprises themselves will be higher and higher, and the gold content of construction qualifications will be higher and higher. Enterprises should apply for corresponding construction qualifications as soon as possible while upgrading their engineering professional skills. Since then, in a major way,

The following are the relevant policies that Xiaofu interprets and sorts out for everyone-all the procurement of projects below 4 million yuan should be reserved for small and medium-sized enterprises in principle:

The Measures require the competent budget unit to organize and evaluate the government procurement projects of its own department and its subordinate units, and reserve the procurement share specifically for small and medium-sized enterprises for those that are suitable for small and medium-sized enterprises:

First, small procurement projects (goods and services procurement projects below 2 million yuan, 4 million yuan).

second, for procurement projects exceeding the above amount, more than 3% of the total budget of this procurement project is reserved for small and medium-sized enterprises, of which the proportion reserved for small and micro enterprises is not less than 6%. The reserved procurement share is listed separately in the government procurement budget, and the implementation is made public.

Editor's note: According to the Standard Provisions on the Classification of Small and Medium-sized Enterprises, small and medium-sized enterprises in the construction industry are classified as small and medium-sized enterprises with operating income below 8 million yuan or total assets below 8 million yuan.

Among them:

1. Medium-sized enterprises with operating income of 6 million yuan or more and total assets of 5 million yuan or more;

2. Small enterprises with operating income of 3 million yuan or more and total assets of 3 million yuan or more;

3. Micro-enterprises have an operating income of less than 3 million yuan or total assets of less than 3 million yuan.

1. What are the main considerations for issuing the Measures?

a: SMEs are an important foundation for building a modern economic system and achieving high-quality economic development. The Ministry of Finance and the Ministry of Industry and Information Technology attach great importance to supporting the use of government procurement policies to support the development of SMEs. In 211, the Ministry of Finance and the Ministry of Industry and Information Technology issued the Interim Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises (Caiku [211] No.181), which expanded the share of small and medium-sized enterprises in government procurement contracts through measures such as reserving shares and preferential evaluation. Since the implementation of the measures, more and more small and medium-sized enterprises have actively participated in government procurement activities. At present, the amount granted to small and medium-sized enterprises by government procurement accounts for more than 7% of the total scale of government procurement. However, in the implementation of the policy, some problems are gradually exposed, such as insufficient details of the reserved share measures and unclear main responsibilities of purchasers.

in order to implement the plan for deepening the reform of government procurement system, which was deliberated and adopted at the fifth meeting of the Central Committee for Deepening Reform, and the Guiding Opinions on Promoting the Healthy Development of Small and Medium-sized Enterprises issued by the General Office of the Central Committee and the General Office of the State Council, the Ministry of Finance and the Ministry of Industry and Information Technology studied and revised the Interim Measures for Promoting the Development of Small and Medium-sized Enterprises through Government Procurement, and improved relevant policies and measures. The implementation of the "Measures" is of great significance for increasing support for small and medium-sized enterprises, promoting the healthy development of small and medium-sized enterprises, helping to do a good job of "six stabilities" and implementing the task of "six guarantees".

2. What measures to support small and medium-sized enterprises have been clarified and refined in the revised Measures?

A: The revised Measures are mainly improved in the following four aspects:

(1) Detailed provisions on reserved shares. The competent budget unit is required to organize and evaluate the government procurement projects of the department and its subordinate units, and reserve the procurement share for small and medium-sized enterprises for procurement. First, small procurement projects (goods and services procurement projects below 2 million yuan and engineering procurement projects below 4 million yuan) are all reserved for small and medium-sized enterprises in principle. Second, for procurement projects exceeding the above amount, more than 3% of the total budget of this procurement project is reserved for small and medium-sized enterprises, of which the proportion reserved for small and micro enterprises is not less than 6%. The reserved procurement share is listed separately in the government procurement budget, and the implementation is made public.

(2) improve the preferential methods for price evaluation of government procurement projects. The revised method requires purchasers and procurement agencies to deduct the price of 6%-1% (3%-5% for engineering projects) from the quotations of small and micro enterprises when reviewing the procurement projects or procurement packages without reserved shares. At the same time, it is clear that if the government procurement project adopts the comprehensive evaluation method but does not adopt the low price priority method to calculate the price score, the price score should be increased by 3%-5% on the basis of the original quotation.

(3) Take measures to support the development of small and medium-sized enterprises. The Measures also provide for supporting small and medium-sized enterprises in terms of fund payment and credit guarantee. First, encourage purchasers to appropriately shorten the payment period for small and medium-sized enterprises and increase the proportion of advance payment; The second is to guide small and medium-sized enterprises to adopt credit guarantee means in government procurement activities, and provide professional services for small and medium-sized enterprises in bidding (response) guarantee and performance guarantee; The third is to encourage small and medium-sized enterprises to finance through government procurement contracts in accordance with laws and regulations.

(4) enhance operability. In order to promote the budget unit to better implement the reserved share policy, the Measures refine four specific ways of reserved share, including the overall reservation of procurement projects, the setting of special procurement packages, the purchaser's request for consortium participation or the request of suppliers' subcontracting, etc. Five specific situations that are not suitable for small and medium-sized enterprises and can not be reserved for small and medium-sized enterprises are clarified, which is convenient for purchasers to reserve procurement projects scientifically and reasonably. At the same time, according to the provisions of laws and regulations, the responsibilities of purchasers, procurement agencies, suppliers, competent departments and other related subjects are clarified, which enhances the rigidity of policy implementation.

third, how should the budget unit implement the policy?

A: Budget units at all levels should earnestly perform their main responsibilities and carry out the following work in accordance with the Measures:

First, the competent budget unit should organize and evaluate the government procurement projects of its own department and its subordinate units, and make overall plans to reserve procurement shares for small and medium-sized enterprises. For those that are suitable for small and medium-sized enterprises, the reserved procurement shares should be specifically targeted at small and medium-sized enterprises and listed separately in the procurement budget. The second is to strengthen the management of procurement demand, reasonably determine the procurement demand, and specify the specific measures for this project to purchase for small and medium-sized enterprises or give preferential evaluation to small and micro enterprises in the procurement documents. For example, if the procurement items are reserved as a whole, the procurement package is set up specifically for small and medium-sized enterprises, or it is required to participate in the form of a consortium, and the supplier subcontracts to small and medium-sized enterprises, it is necessary to specify the reserved target and amount, and make provisions in the supplier qualification conditions; If the share is not reserved, it is necessary to clarify the proportion of price deduction or the proportion of price points; Encourage purchasers to provide preferential conditions to small and medium-sized enterprises in terms of payment period and advance payment ratio according to actual conditions. Third, the whole process performance management should be implemented for budget projects involving the procurement of small and medium-sized enterprises, performance targets and indicators should be set reasonably, relevant policy requirements for supporting small and medium-sized enterprises should be implemented, performance monitoring and evaluation should be carried out regularly, and the application of performance evaluation results should be strengthened. Fourth, the competent budget unit should report to the finance department at the same level the specific situation of the reserved share and procurement for small and medium-sized enterprises in the previous year from 222, and publicly reserve the implementation of the project on the China government procurement network. If the proportion of reserved shares as stipulated in these Measures is not reached, an explanation shall be made.

the Ministry of finance will include the information about government procurement supporting small and medium-sized enterprises in the scope of supervision as an important part of government procurement supervision and inspection; Provincial financial departments should also combine the actual situation in the region, as soon as possible to introduce specific implementation measures to achieve accurate support for SMEs.

fourth, do SMEs need to provide identification materials in government procurement activities?

a: SMEs can participate in government procurement activities and enjoy the support policies, and only need to issue the SME Declaration Letter as the identification document of SMEs. Small and medium-sized enterprises shall truthfully fill in and submit the Letter of Statement for Small and Medium-sized Enterprises in accordance with the provisions of the Measures and the Standard Provisions for the Classification of Small and Medium-sized Enterprises (No.3 [211] of the Ministry of Industry and Information Technology). No unit or individual may require small and medium-sized enterprise suppliers to submit supporting documents other than the Letter of Statement for Small and Medium-sized Enterprises, or to obtain identification and access to the directory database in advance. Small and medium-sized enterprises are responsible for the truthfulness of their statements. If the statements are untrue, it belongs to providing false materials to win the bid and clinch a deal, and the corresponding responsibilities shall be investigated in accordance with the relevant provisions of the People's Republic of China and the Government Procurement Law.

In order to facilitate SMEs, government departments and the public to identify enterprise scale types, the Ministry of Industry and Information Technology has organized and developed a small self-test program for SME scale types, which was put into operation on February 27th, 22. There are links on the the State Council client and the website of the Ministry of Industry and Information Technology. The majority of SMEs and various social institutions automatically generate enterprise scale type test results by filling in the industry and index data they belong to, and have provided more than 8, inquiry services to the public.

when there is a dispute about the scale and type of small and medium-sized enterprises, the measures stipulate that the identification of small and medium-sized enterprises in government procurement supervision and inspection, complaint handling and administrative punishment of government procurement shall be the responsibility of the competent department of small and medium-sized enterprises of the people's government at or above the county level where the goods manufacturer or engineering and service provider is registered, and the relevant department shall make a written reply within 1 working days after receiving the letter on assisting in the identification of small and medium-sized enterprises.

5. What are the suggestions for SMEs to participate in government procurement activities?

A: In order to better participate in government procurement activities and effectively safeguard their legitimate rights and interests, it is suggested that small and medium-sized enterprises focus on the following aspects:

First, pay attention to China government procurement network and find business opportunities in time. At present, China government procurement network has achieved nationwide coverage, and all kinds of procurement information, such as announcement of procurement intention and tender announcement, have been published on China government procurement network in a centralized and unified way. It is suggested that small and medium-sized enterprises should designate a specific person to keep an eye on the information of purchasing intention and announcement (including tender announcement, competitive negotiation announcement, competitive consultation announcement, etc.) on the China government procurement website at any time, and refer to the contents of the announcement of purchasing intention to select the items of interest, so as to make relevant preparations for participating in government procurement in advance.

the second is to prepare relevant materials according to the requirements of procurement documents. The "Measures" stipulate the contents that the procurement documents should contain if the procurement project involves the procurement of small and medium-sized enterprises. The procurement announcement publicly released on the government procurement website will specify the time, place and method of obtaining the procurement documents. Small and medium-sized enterprises should obtain the procurement documents in time according to the guidance of the procurement announcement, and carefully prepare the response documents and the Statement Letter for Small and Medium-sized Enterprises according to the requirements of the procurement documents, and submit them in accordance with the prescribed time and method.

thirdly, cooperate with the relevant investigation work of supervision and inspection and complaint handling. If it is necessary to identify small and medium-sized enterprises in the process of government procurement supervision and inspection and complaint handling, it is not necessary for small and medium-sized enterprises to apply, but the financial department or the relevant tendering and bidding administrative supervision department sends a letter to the competent department of small and medium-sized enterprises, asking them to make an identification. When government departments carry out relevant investigations on the identification of small and medium-sized enterprises, suppliers should actively cooperate with them to do a good job.

the fourth is to study the legal system of government procurement and safeguard the legitimate rights and interests. The "Measures" stipulate that those who fail to implement price deduction or price points as required are those who fail to implement government procurement policies as required. Small and medium-sized enterprises think that their rights and interests have been harmed by purchasers and procurement agencies' failure to implement policies, and their rights and interests have been harmed by the procurement process or the results of winning the bid or closing the transaction. They can query and complain in accordance with the provisions of the corresponding legal system to safeguard their rights and interests

Notice on Printing and Distributing the Administrative Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises [22] No.46

General offices (offices) of central budget units, The finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans, and the departments in charge of industry and information technology, the Finance Bureau of Xinjiang Production and Construction Corps, and the departments in charge of industry and information technology:

In order to implement the Guiding Opinions on Promoting the Healthy Development of Small and Medium-sized Enterprises, give play to the function of government procurement policies and promote the development of small and medium-sized enterprises, according to the Procurement Law of the People's Republic of China and the Procurement Law of the People's Republic of China, It is issued to you, please follow it.

Ministry of Finance

Ministry of Industry and Information Technology

Administrative Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises

Article 1 In order to give full play to the policy function of government procurement and promote the healthy development of small and medium-sized enterprises, these Measures are formulated in accordance with the Government Procurement Law of the People's Republic of China, the Law of the People's Republic of China on the Promotion of Small and Medium-sized Enterprises and other relevant laws and regulations.

article 2 the term "small and medium-sized enterprises" as mentioned in these measures refers to medium-sized enterprises, small enterprises and micro-enterprises legally established within the territory of the people's Republic of China and determined according to the criteria for the classification of small and medium-sized enterprises approved by the State Council, except that the person in charge of the large enterprise is the same person, or there is a direct holding and management relationship with the large enterprise.

individual industrial and commercial households that meet the criteria for dividing small and medium-sized enterprises are regarded as small and medium-sized enterprises in government procurement activities.

article 3 in government procurement activities, purchasers should strengthen the management of procurement demand, implement measures such as reserved procurement share, preferential price evaluation and priority procurement, so as to increase the share of small and medium-sized enterprises in government procurement and support their development.

Article 4 In government procurement activities, if the goods, projects or services provided by suppliers meet the following conditions, they shall enjoy the SME support policies stipulated in these Measures:

(1) In goods procurement projects, the goods are manufactured by SMEs, that is, the goods are produced by SMEs and use their trade names or registered trademarks;

(2) in the project procurement project, the project is undertaken by small and medium-sized enterprises, that is, the project construction unit is small and medium-sized enterprises;

(3) In the service procurement project, the service is undertaken by small and medium-sized enterprises, that is, the service providers are employees of small and medium-sized enterprises who have entered into labor contracts in accordance with the Labor Contract Law of the People's Republic of China.

in goods procurement projects, if the goods provided by suppliers are made by both small and medium-sized enterprises and large enterprises, they will not enjoy the SME support policies stipulated in these Measures.

participating in government procurement activities in the form of a consortium, where all parties in the consortium are small and medium-sized enterprises, the consortium is regarded as a small and medium-sized enterprise. Among them, if all parties in the consortium are small and micro enterprises, the consortium shall be regarded as small and micro enterprises.

article 5 in government procurement activities, the purchaser shall reasonably determine the procurement demand of the procurement project, and shall not take the scale conditions and financial indicators such as the registered capital, total assets, operating income, employees, profits, tax payment, etc. of the enterprise as the qualification requirements or evaluation factors of the supplier, and shall not discriminate or discriminate against small and medium-sized enterprises in terms of the ownership structure and operating years of the enterprise.

Article 6 The competent budget unit shall organize the evaluation of the government procurement projects of its own department and subordinate units, and make overall plans for reserving procurement shares for small and medium-sized enterprises. For procurement projects and procurement packages suitable for small and medium-sized enterprises, the reserved procurement shares shall be specially for small and medium-sized enterprises.