Notice on further optimizing the business environment for government procurement

Sui Caifa [2022] No. 21

County (city, district) finance bureaus, municipal finance bureaus Government Procurement Center, all municipal budget units, all government procurement social agencies, all government procurement review experts, all government procurement suppliers:

In order to comprehensively deepen the reform of "delegation, regulation and service" in government procurement, in-depth implementation The Provincial Party Committee and the Provincial Party Committee and the Municipal Party Committee and the Municipal Government have requirements for optimizing the business environment and promoting openness, transparency, fair competition, honesty and performance in government procurement. According to the "Government Procurement Law of the People's Republic of China" and "The People's Republic of China" Laws and regulations such as the "Regulations on the Implementation of the Government Procurement Law of the People's Republic of China" and "Regulations on Optimizing the Business Environment", as well as relevant rules and regulations such as the "Management Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises", the "Heilongjiang Province Business Environment Assessment System", etc., benchmarked against national benchmark cities, In order to further optimize the procurement and business environment of our city government, combined with the actual work of our city, the relevant matters are hereby notified as follows:

1. Comprehensively apply the new version of the electronic supervision platform to optimize the government procurement process.

1. Comprehensively apply the new version of the government procurement supervision platform and fully implement "non-face-to-face" bid opening. Except for confidential projects, all government procurement projects are executed on the government procurement supervision platform. Procurement units or procurement agencies shall organize bid openings and response documents through electronic trading platforms in accordance with the time specified in the procurement documents. It is prohibited to require suppliers to participate in government procurement activities at the bid evaluation site. Suppliers shall participate online on time. It is prohibited to require suppliers to provide paper bidding (response) documents, data USB flash drives, CA, etc. on site.

2. The entire process of government procurement projects will be electronic. Bidding (consultation, negotiation) documents are obtained online, and no bidding registration link is allowed. Procurement document fees and bid deposits are not allowed to be collected. Purchasers are encouraged to consider comprehensively the characteristics of the project, the creditworthiness of the supplier, etc., and refuse to collect or reduce the payment ratio of the performance bond. If it is indeed necessary to collect a performance bond, the collection ratio shall not be higher than 5. Purchasers and purchasing agencies are not allowed to collect deposits that are not based on laws and regulations.

3. Further improve the relevant functions of the new version of the government procurement supervision platform and electronic stores, connect the government procurement supervision system with budget management, and the treasury payment system, and realize the "one-stop service" for the entire process of contract signing and fund payment.

4. For eligible projects, purchasing units are encouraged to use government procurement electronic stores and government procurement service project online supermarkets built by provincial financial departments to further improve procurement efficiency.

5. Suppliers shall not be required to provide information that purchasing units and purchasing agencies can query through the Internet or related information systems. For suppliers who submit various declaration letters and commitment letters in accordance with regulations, they shall not be required to provide relevant supporting documents issued by relevant departments.

6. If the bid evaluation committee believes that the bidder’s quotation is significantly lower than that of other bidders who have passed the compliance review and may not be able to perform the contract in good faith, it shall require it to provide a written submission within a reasonable time at the bid evaluation site. Explain and submit relevant supporting materials when necessary; if the bidder proves that it can perform the contract in good faith, it can continue to participate in the evaluation, otherwise the bid evaluation committee shall treat it as an invalid bid.

7. Conditional procurement units and procurement agencies should actively carry out off-site bid evaluation in government procurement projects.

2. Clear all barriers that hinder a unified market and fair competition and improve business convenience.

8. When formulating normative documents and other policies and measures for government procurement, the financial department should strictly conduct fair competition review and legality review in accordance with relevant national, provincial and municipal regulations. If there is no fair competition review, Not allowed to appear on stage.

9. Except for agreement supply, fixed-point procurement applicable to small-amount sporadic procurement, and circumstances otherwise stipulated by the Ministry of Finance, purchasing units shall not set up alternative databases, directory databases, and qualification databases as participants through shortlisting. Qualification conditions for government procurement activities. The financial department will incorporate the cleaning of the candidate database, directory database, and qualification database into daily supervision work.

10. Procurement units should prepare government procurement budgets in accordance with the law and strictly implement them in accordance with the approved government procurement budgets. The budget amounts should be announced together with the procurement announcement. It is strictly prohibited to carry out government procurement beyond budget or without budget.

11. Procurement units and procurement agencies shall not designate or designate specific suppliers in disguised form by limiting supplier qualifications, setting demand indicators, etc., or exclude or exclude in disguised small and medium-sized enterprises, private enterprises, and newly established enterprises. Regional suppliers participate in government procurement activities; they are not allowed to limit supplier qualifications based on the supplier's ownership form, organizational form, equity structure, investor country, etc., specify the purchase of products of specific national or regional brands, or set up settings that do not meet the characteristics of procurement needs. The indicators point to the products of domestic or foreign-funded enterprises. Thresholds such as supplier size and years of establishment shall not be set or disguised to restrict supplier participation.

12. Procurement units and procurement agencies should prepare procurement documents based on government procurement policies, procurement budgets, and procurement needs. Procurement requirements should comply with laws, regulations, government procurement policies and relevant national regulations, comply with national mandatory standards, comply with relevant management system regulations such as budget, assets and finance, and comply with the characteristics and actual needs of the procurement project. Procurement needs should be determined based on the department budget (project budget estimate). For public service projects provided by the government to the public, the public's opinions should be solicited on determining procurement needs. Unless detailed specifications or specific requirements cannot be determined due to technical complexity or special nature, procurement requirements should be complete and clear. When necessary, expert opinions should be sought.

13. The purchasing unit shall reasonably set the waiting period based on the complexity of the procurement project and the actual needs of the supplier in preparing bids. If goods and services are procured through bidding, it shall not be less than twenty days from the date when bidding documents are issued to the deadline for bidders to submit bidding documents.

3. Compress the government procurement cycle and improve government procurement efficiency.

14. After the procurement project review is completed, the purchaser and the bid evaluation committee will determine the winning bidder or successful transaction supplier in order among the candidates recommended by the review report within one working day.

15. The purchasing unit or purchasing agency shall issue a notice of winning the bid and completing the transaction within 1 working day from the date the successful bidder or supplier is determined, and announce the successful bid and successful transaction on the Suihua Municipal Government Procurement Website As a result, the bidding documents were announced at the same time.

4. Standardize contract management and realize online signing of electronic contracts.

16. The purchasing unit and the supplier that wins the bid or completes the transaction shall sign a government procurement contract in accordance with the matters determined in the procurement documents within thirty days from the date of issuance of the notice of successful bid or transaction. The procurement unit shall announce the government procurement contract on the Suihua Municipal Government Procurement Online within 2 working days from the date of signing the government procurement contract, except for content involving state secrets and commercial secrets in the government procurement contract.

17. The notice of winning the bid and completing the transaction has legal effect on both the purchasing unit and the supplier who won the bid and completed the transaction. After the notice of winning the bid or completing the transaction is issued, if the purchasing unit 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, it shall bear legal responsibility in accordance with the law.

18. Both 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 national interests and social public interests, 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.

19. During the performance of a government procurement contract, if the purchasing unit needs to add goods, projects or services that are the same as the subject matter of the contract, it can negotiate and sign a supplementary contract with the supplier without changing other terms of the contract. However, the purchase amount of all supplementary contracts shall not exceed 10% of the original contract purchase amount.

20. The government procurement contract should stipulate the method, time and conditions of fund payment, and clarify the liability for breach of contract for late payment of funds.

21. The signing, performance and modification of government procurement service contracts for government procurement shall comply with the relevant provisions of government procurement laws, regulations, rules and the Civil Code.

The contract performance period generally does not exceed 1 year; on the premise of budgetary guarantees, for government purchased service projects with relatively fixed purchase contents, strong continuity, stable funding sources, and small price changes, a government purchase service project with a performance period of no more than 3 years can be signed. Purchase a service contract.

5. Strengthen fund payment management and clarify the down payment ratio and payment time limit.

22. The purchasing unit shall stipulate the down payment in the government procurement contract, increase the down payment ratio of government procurement, and the down payment ratio shall not be less than 30% of the contract amount; if the project budget is arranged in years, the down payment shall be made annually. The proportion shall not be less than 30% of the annual planned payment amount of the project. The down payment ratio of small, medium and micro enterprises shall not be less than 50% of the contract.

23. The purchasing unit should actively perform the contract and organize acceptance inspection in a timely manner. After passing the acceptance inspection, the contract payment should be paid in time. For those that meet the payment conditions stipulated in the contract, the purchasing unit must complete acceptance within 15 working days and pay the funds to the supplier account stipulated in the contract within 30 days. Payment shall not be delayed due to organizational changes, personnel turnover, policy adjustments, unit holidays, etc.

24. The financial department will deepen the credit financing mechanism for government procurement to support small and medium-sized enterprises, and organize the development of accounts receivable financing service business in conjunction with the People's Bank of China. Financial institutions can issue loans to suppliers based on registered government procurement contracts, or based on suppliers' historical government procurement transaction records and performance. Financial institutions should provide support in terms of credit lines, loan reviews, interest rate concessions, etc., to promote suppliers to operate with integrity in accordance with the law. Provide one-stop services for various financial institutions such as product display, online application, review and approval, loan issuance, payment progress inquiry, etc. to help reduce financial pressure on suppliers.

25. Further improve the functions of the government supervision platform, carry out early warning monitoring of government procurement payment data, and realize the shift from "contract management" to "data management", from "enterprise reminders" to "financial reminders", From "completion" to "timeliness", if the payment conditions stipulated in the contract are met, the purchasing unit shall review the payment in a timely manner. If the payment is delayed without reasonable reasons, the relevant departments shall coordinate and resolve it in a timely manner. Purchasing units shall not refuse or delay payment of government procurement contracts without reason, and shall open channels for suppliers to collect payment and protect their rights, handle appeals in a timely manner, and maintain the credibility of the government.

6. Implement government procurement policies and promote the development of small and medium-sized enterprises.

26. In government procurement activities, procurement units should strengthen procurement demand management and implement measures such as reserved procurement shares, price review preferences, and priority procurement to increase the share of small and medium-sized enterprises in government procurement and support small and medium-sized enterprises. Business development.

27. The budget unit in charge shall organize the evaluation of government procurement projects of its own department and its affiliated units, and coordinate the formulation of specific plans to reserve procurement shares for small and medium-sized enterprises. For procurement projects and procurement packages suitable for small and medium-sized enterprises, The reserved procurement share is specifically for small and medium-sized enterprise procurement and is listed separately in the government procurement budget.

28. If goods and service procurement projects above the procurement limit standard and below 2 million yuan, and engineering procurement projects below 4 million yuan are suitable to be provided by small and medium-sized enterprises, the procurement unit shall exclusively procure from small and medium-sized enterprises.

29. For goods and service procurement projects exceeding 2 million yuan and engineering procurement projects exceeding 4 million yuan that are suitable to be provided by small and medium-sized enterprises, more than 30% of the total budget for this part of the procurement project shall be reserved specifically for small and medium-sized enterprises. For enterprise procurement, the proportion reserved for small and micro enterprises shall not be less than 60%.

30. For procurement projects that have not reserved quotas specifically for small and medium-sized enterprises after coordination by the competent budget unit, as well as the non-reserved portion of the procurement packages in the reserved quota projects, the procurement unit and procurement agency should A deduction of 10% (5% for engineering projects) will be given to the quotations of small and micro enterprises that meet the regulations, and the deducted price will be used to participate in the review.

31. Small and medium-sized enterprises are responsible for the authenticity of the contents of their declarations. If the contents of the declaration letter are untrue, they are providing false materials in order to win the bid or close the transaction, and bear legal responsibility in accordance with the law.

32. If the products that the purchasing unit intends to purchase fall within the scope of the item list of energy-saving products and environmental labeling products, the purchaser and its entrusted purchasing agency shall rely on the certification issued by the certification agency determined by the state and within the validity period. Certification certificates for energy-saving products and environmental labeling products, and implement government priority procurement or compulsory procurement for products that have obtained certificates. Encourage the use of environmentally friendly packaging materials. For government procurement projects involving commodity packaging and express delivery packaging, it is necessary to refer to the trial government procurement demand standards for commodity packaging and express packaging, clarify the specific packaging requirements for products provided by government procurement suppliers in the procurement documents, and include them in the government procurement contract. bright.

7. Ensure the right of suppliers to participate in government procurement activities on an equal footing and create a fair competition environment.

33. Government procurement information should be released to the public in a timely manner on the Suihua Municipal Government’s procurement website, except for matters involving state secrets and commercial secrets.

34. Government procurement information disclosure should include procurement intentions, procurement needs, procurement plans, procurement announcements, procurement documents, bidding (response) document templates, contract templates, procurement results, channels for questioning and complaints, procurement contracts, Acceptance results, etc.

35. Procurement units should disclose government procurement intentions strictly in accordance with the law. The disclosure of procurement intentions should include the name of the procurement project, overview of procurement needs, budget amount, estimated procurement time, whether it is specifically for small and medium-sized enterprises, etc. In principle, the procurement intention should be disclosed for no less than 30 days.

36. Procurement units and procurement agencies shall not require suppliers to purchase designated software as a condition for participating in electronic government procurement activities. Procurement units and procurement agencies should simplify and clarify the format and form requirements of bid (response) documents, invalid bid clauses should be listed in a centralized manner, and non-substantive format and form issues such as document sequencing should not limit or affect supplier bids (response). ).

37. Procurement units and procurement agencies shall not require suppliers to conduct unnecessary registration or registration before government procurement activities, or require the establishment of branches, or set up or disguised obstacles to enter the government procurement market.

38. Procurement units should implement their main responsibilities, establish and improve their own government procurement internal control systems, and prepare government procurement budgets and implementation plans, determine procurement needs, select procurement methods, organize procurement activities, contract performance acceptance, Strengthen internal control management by responding to inquiries and queries, cooperating with complaint handling, supervision and inspection and other key aspects. We must strictly implement government procurement laws and regulations and the internal control system provisions of unit government procurement, and bear corresponding legal responsibilities for any violations of laws and disciplines that occur.

39. The financial department conducts inspections of procurement agencies through the "double random, one open" method, discloses the inspection results to the public in accordance with regulations, and investigates and handles illegal activities discovered during the inspection in accordance with the law.

8. Strengthen the construction of the credit system and rationally use the evaluation credit results.

40. Suppliers participating in government procurement activities shall implement the access management system of "commitment credit management" and make written promises to meet the qualifications and qualifications for participating in government procurement activities and have no record of breach of trust in tax payment, social security, etc. Purchasing organizations no longer require suppliers to provide supporting materials such as relevant financial status, payment of taxes and social security funds.

41. The financial department is responsible for organizing the comprehensive credit evaluation of procurement agencies and establishing integrity files. Purchasing units, suppliers and review experts conduct comprehensive credit evaluations of purchasing agencies.

42. The purchasing unit shall independently select the purchasing agency based on the characteristics of the project and the professional field of the purchasing agency, and rationally use the comprehensive credit evaluation results of the purchasing agency and the results of supervision and inspection.

43. The procurement unit or procurement agency shall evaluate and record the performance of the review experts’ duties on the day after the review activity is completed. Government procurement review experts are subject to supervision and regular assessment by the financial department in accordance with regulations. If the average assessment score is less than 60 points for two consecutive years, they will be dismissed.

9. Shorten the time limit for handling questions and complaints and improve the dispute handling mechanism.

44. If the supplier believes that its rights and interests have been harmed by the procurement documents, procurement process, bid winning or transaction results, it may, within 7 working days from the date when it knows or should know that its rights and interests have been harmed, Questions should be raised in writing to the purchasing unit and purchasing agency. Procurement documents may require suppliers to raise a one-time challenge to the same part of the procurement procedure within the statutory challenge period. The purchasing agency or purchaser shall respond to the query in writing within 5 working days.

45. Questions raised by purchasing units and purchasing agencies against suppliers should be handled in a timely manner in accordance with the law. If the procurement unit or procurement agency believes that the supplier's challenge is not valid, or if it is valid but does not have an impact on the bid winning or transaction results, they will continue to carry out procurement activities.

46. If the procurement unit or procurement agency believes that the supplier’s doubts about the procurement documents are valid and affect or may affect the results of winning the bid or closing the transaction, and can continue to carry out procurement activities through clarification or modification in accordance with the law, the clarification or Procurement activities should be continued after modifying the procurement documents; otherwise, procurement documents should be modified and procurement activities should be carried out again.

47. The financial department should improve the administrative adjudication mechanism for government procurement, smooth channels for suppliers to safeguard their rights, and handle complaints from suppliers in a timely manner in accordance with the law. Information such as the method of accepting complaints, contact department, contact number and mailing address are published on the Suihua Municipal Government’s procurement website.

48. If a supplier files a complaint against a government procurement project in accordance with the law, it can be filed on-site, by mail, or by submitting a complaint online. In order to save the cost of complaints and improve the efficiency of complaint handling, suppliers are encouraged to file complaints online.

49. The financial department will make a decision on handling the complaint within 20 working days from the date of receipt of the complaint.

10. Improve supervision methods and create new services.

50. Further improve the “Internet supervision” method. Build an intelligent supervision system of "pre-prevention, mid-event early warning, and post-event analysis and processing", carry out intelligent monitoring and real-time early warning, strengthen the management and control of suppliers' supply prices and procurement behaviors, and focus on increasing the supply of false materials, collusion in bidding, etc. Strengthen the prevention and investigation of illegal activities, further improve the efficiency of supervision, and maintain the good order of fair competition in government procurement.

51. The procurement unit or procurement agency shall organize the inspection and acceptance of the supplier's performance in accordance with the technical, service and safety standards stipulated in the government procurement contract.

52. The purchasing unit or purchasing agency shall establish an acceptance group. The acceptance group shall consist of an odd number of three or more people. The members of the acceptance group shall be reasonably determined by the unit’s internal control system. The internal control system principles of “power, hierarchical authorization”. Procurement agency staff and review experts who are entrusted by the procurement unit to organize procurement activities are not allowed to participate in the acceptance team. The acceptance team can elect a team leader to preside over the work of the acceptance team. The acceptance team shall independently conduct acceptance according to the acceptance plan. After the acceptance inspection is completed, the acceptance team shall issue an acceptance report.

53. The purchasing unit or purchasing agency can invite other suppliers participating in the project procurement activities to participate in the performance acceptance of the suppliers. For large or complex government procurement projects, nationally recognized quality inspection agencies should be invited to participate in the acceptance inspection. For public service projects, service recipients should be invited to participate in the acceptance inspection and issue opinions.

54. The purchasing unit shall clarify the acceptance opinions based on the acceptance report and stamp it for confirmation. Except for confidential situations, the results of government procurement contract performance acceptance shall be announced to the public.

55. Emergency procurement due to force majeure events such as serious natural disasters, accidents, public health incidents, and social security incidents does not need to comply with the Government Procurement Law’s provisions on procurement methods, procedures, and information disclosure. relevant provisions, but documents and records related to procurement should be properly preserved.

56. If the market supply capacity and supply time can meet the needs of emergency rescue, the purchasing unit shall not exclude competition due to emergency procurement. Suppliers shall not participate in emergency procurement with obviously unreasonable prices, payment requirements and other transaction conditions.

57. Procurement units should establish and improve emergency procurement systems, strictly determine the nature of emergency procurement projects, fully implement the main responsibilities of purchasers, and implement procurement activities in an efficient, orderly and standardized manner.

County (city, district) financial departments, municipal government procurement centers, and municipal units must fully understand the importance of maintaining market order for fair competition in government procurement and optimizing the business environment for government procurement, strengthen organizational leadership, and Clarify work responsibilities, make careful arrangements and arrangements, strengthen supervision and inspection, and ensure that all requirements are implemented.

This notice will be implemented from the date of issuance. If the previous regulations are inconsistent with the provisions of this notice, the provisions of this notice shall apply.

Suihua Municipal Finance Bureau

May 20, 2022

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