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, in accordance with the "Government Procurement Law of the People's Republic of China" and the "Small and Medium-sized Enterprises Promotion Law of the People's Republic of China" 》 and other relevant laws and regulations to formulate these Measures.

Article 2 The term “small and medium-sized enterprises” as mentioned in these Measures refers to medium-sized enterprises, small enterprises and micro-enterprises established in accordance with the law within the territory of the People’s Republic of China and determined in accordance with the classification standards for small and medium-sized enterprises approved by the State Council. However, this is excepted if the person in charge of the large enterprise is the same person, or if there is a direct holding or management relationship with the large enterprise. Individual industrial and commercial households that meet the classification standards for 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 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 Development of small and medium enterprises.

Article 4 In government procurement activities, if the goods, projects or services provided by suppliers meet the following circumstances, they will enjoy the small and medium-sized enterprise support policies stipulated in these measures: (1) In goods procurement projects, goods Manufactured by a small and medium-sized enterprise, that is, the goods are produced by a small and medium-sized enterprise and use the trade name or registered trademark of the small and medium-sized enterprise; (2) In engineering procurement projects, the project is constructed by a small and medium-sized enterprise, that is, the project construction unit is a small and medium-sized enterprise; (3) In service procurement In the project, services are undertaken by small and medium-sized enterprises, that is, the personnel providing services are employees of small and medium-sized enterprises who have concluded 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 include goods manufactured by both small and medium-sized enterprises and large-scale enterprises, they will not enjoy the support policies for small and medium-sized enterprises stipulated in these measures. If you participate in government procurement activities in the form of a consortium, and all parties to the consortium are small and medium-sized enterprises, the consortium will be regarded as a small and medium-sized enterprise. Among them, if all parties to the consortium are small and micro enterprises, the consortium will be regarded as a small and micro enterprise.

Article 5 The purchaser shall reasonably determine the procurement needs of the procurement project in government procurement activities, and shall not base the decision on the size and financial conditions such as the registered capital of the enterprise, total assets, operating income, employees, profits, tax payments, etc. Indicators serve as qualification requirements or evaluation factors for suppliers, and no differential or discriminatory treatment is allowed against small and medium-sized enterprises in terms of corporate ownership structure, operating years, etc.

Article 6 The budget unit in charge shall organize and evaluate the government procurement projects of its own department and its affiliated units, coordinate and formulate specific plans to reserve procurement shares for small and medium-sized enterprises, and evaluate the 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. Procurement quotas may not be specifically reserved for small and medium-sized enterprises if one of the following circumstances is met: (1) Laws, regulations and relevant national policies clearly stipulate that procurement should be prioritized or should be for non-enterprise entities such as public institutions and social organizations; (2) Due to genuine needs Procurement can only be made from suppliers other than small and medium-sized enterprises due to the use of irreplaceable patents, proprietary technologies, infrastructure restrictions, or provision of specific public services; (3) Reserve procurement shares in accordance with the provisions of these Measures It is impossible to ensure sufficient supply and full competition, or there are situations that may affect the achievement of government procurement goals; (4) Framework agreement procurement projects; (5) Other situations stipulated by the financial departments of people's governments at or above the provincial level. Except for the above situations, other situations are suitable for small and medium-sized enterprises to provide.

Article 7 If goods and service procurement projects above the procurement quota 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 purchaser shall specifically purchase from small and medium-sized enterprises. .

Article 8 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 of this part of the procurement project shall be reserved for special purpose Procurement for small and medium-sized enterprises, with the proportion reserved for small and micro enterprises being no less than 60%. The reserved share is implemented through the following measures: (1) Purchasing the entire procurement project or setting up a procurement package specifically for procurement by small and medium-sized enterprises; (2) Requiring suppliers to participate in procurement activities in the form of a consortium, and the part borne by the small and medium-sized enterprises in the consortium reaches a certain level Proportion; (3) Require suppliers who obtain procurement contracts to subcontract a certain proportion of the procurement project to one or more small and medium-sized enterprises. There shall be no direct holding or management relationship between small and medium-sized enterprises that form a consortium or accept subcontracts and other enterprises or subcontracting enterprises in the consortium.

Article 9 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 non-reserved part of the procurement packages in reserved quota projects, the purchaser and procurement agency A deduction of 6% to 10% (3% to 5% for engineering projects) shall be given to the quotations of small and micro enterprises that comply with the provisions of these Measures, and the deducted price shall be used to participate in the review. For government procurement construction projects that are subject to the Bidding and Bidding Law, if the comprehensive evaluation method is used but the low price priority method is not used to calculate the price score, the bid evaluation shall be based on the original quotation for scoring and an additional 3% to 5% of the price score shall be added. As its price points. Accept procurement projects where large and medium-sized enterprises form a consortium with small and micro enterprises or allow large and medium-sized enterprises to subcontract one or more small and micro enterprises. For the joint agreement or subcontracting intention agreement, the contract share of the small and micro enterprises shall account for the total contract amount. If it is more than 30%, the purchaser and procurement agency shall deduct 2%-3% (1%-2% for engineering projects) from the quotation of the consortium or large and medium-sized enterprises, and use the deducted price to participate in the review. For government procurement construction projects that are subject to the Bidding and Bidding Law, if the comprehensive evaluation method is used but the low price priority method is not used to calculate the price score, the bid evaluation shall be based on the original quotation for scoring and an increase of 1% to 2% of the price score shall be made. As its price points. Small and micro enterprises that form a consortium or accept subcontracting and have direct holding or management relationships with other enterprises or subcontracting enterprises in the consortium will not enjoy the preferential price deduction policy. The price deduction ratio or price point plus point ratio treats small enterprises and micro enterprises equally without distinction. The price deduction ratio or price points plus ratio for a specific procurement item shall be determined by the purchaser within the range specified in these Measures based on the average profit margin of the industry related to the procurement target, market competition conditions, etc.

Article 10 The purchaser shall carry out procurement activities in strict accordance with the provisions of these Measures and the specific plan for reserved procurement quotas formulated by the budget unit in charge. For a procurement project or procurement package with a reserved share, after inviting suppliers by publishing an announcement, if the number of small and medium-sized enterprises that meet the qualifications is less than 3, the procurement activities shall be suspended, and the procurement project or procurement package shall be regarded as a procurement project or procurement package without a reserved share, and shall be treated in accordance with The relevant provisions of Article 9 of these Measures reorganize procurement activities.

Article 11 When participating in government procurement activities, small and medium-sized enterprises shall issue the "Small and Medium-sized Enterprise Declaration Letter" (Attachment 1) stipulated in these Measures, otherwise they shall not enjoy relevant small and medium-sized enterprise support policies. No unit or individual may require suppliers to provide small and medium-sized enterprise identity documents other than the "Small and Medium-sized Enterprise Declaration Letter".

Article 12 If the procurement project involves procurement by small and medium-sized enterprises, the procurement documents shall specify the following contents: (1) Procurement projects or procurement packages with reserved shares, making it clear that the project or related procurement packages are specifically for small and medium-sized enterprises Procurement, as well as related targets and budget amounts; (2) If it is required to participate in the form of a consortium or contract subcontracting, clarify the proportion of the contract amount that small and medium-sized enterprises should reach in the joint agreement or subcontracting intention agreement, and use it as a supplier qualification condition; ( 3) For non-reserved quota procurement projects or procurement packages, clarify the relevant price deduction ratio or price points plus ratio; (4) It is stipulated that if a government procurement contract is obtained under the support policy in accordance with the provisions of these Measures, small and micro enterprises shall not subcontract the contract To large and medium-sized enterprises, medium-sized enterprises are not allowed to subcontract the contract to large enterprises; (5) If the purchaser believes that the relevant conditions are met, clarify the preferential measures for small and medium-sized enterprises in terms of fund payment period, advance payment ratio, etc.; (6) Clarify the procurement The industry corresponding to the classification standard for small and medium-sized enterprises corresponding to the subject matter; (7) Laws, regulations and other matters stipulated by the financial departments of the people's governments at or above the provincial level.

Article 13 If the supplier that wins the bid or concludes the transaction enjoys the support policy for small and medium-sized enterprises stipulated in these Measures, the purchaser and procurement agency shall disclose the "Declaration of Small and Medium-sized Enterprises" of the supplier that wins the bid or concludes the transaction along with the results of the successful bid or transaction. letter". For government procurement construction projects subject to the Bidding and Bidding Law, the "Declaration Letter of Small and Medium-sized Enterprises" of the successful bidder shall be disclosed when the successful bidder is announced.

Article 14 For procurement contracts signed through measures such as reserving procurement projects, reserving special procurement packages, requiring participation in the form of a consortium, or contract subcontracting, it shall be clearly marked that the contract is for small and medium-sized enterprises. Keep the contract. Among them, if it is required to participate in procurement activities or contract subcontracting in the form of a consortium, the joint agreement or subcontracting intention agreement should be included as an integral part of the procurement contract.

Article 15 encourages all regions and departments to allow small and medium-sized enterprises to introduce credit guarantee means in procurement activities, and provide professional services for small and medium-sized enterprises in bidding (response) guarantees, performance guarantees, etc. Encourage small and medium-sized enterprises to raise funds through government procurement contracts in accordance with laws and regulations.

Article 16 The identification of small and medium-sized enterprises in government procurement supervision and inspection, complaint handling and government procurement administrative penalties shall be determined by the people's government at or above the county level where the goods manufacturer or project or service supplier is registered. The competent departments of the enterprise are responsible. The competent department in charge of small and medium-sized enterprises shall make a written reply within 10 working days after receiving the letter from the financial department or the relevant bidding administrative supervision department on assisting in the identification of small and medium-sized enterprises.

Article 17 All regions and departments shall implement full-process performance management of budget projects involving procurement by small and medium-sized enterprises, reasonably set performance goals and indicators, implement relevant policy requirements for supporting small and medium-sized enterprises, and conduct regular performance monitoring and evaluation, and strengthen the application of performance evaluation results.

Article 18 The budget unit in charge shall report to the financial department at the same level starting from 2022 the specific situation of the department’s reserved quota and procurement for small and medium-sized enterprises in the previous year, and make the forecast public on the China Government Procurement Network. Keep the project implementation status (Appendix 2). If the reserved share ratio stipulated in these Measures is not reached, an explanation shall be provided.

Article 19 If the purchaser fails to reserve procurement quotas for small and medium-sized enterprises in accordance with the provisions of these Measures, and the purchaser or procurement agency fails to implement price deductions or price points plus points in accordance with the provisions of these Measures, it shall be deemed as failure to do so. Implement government procurement policies in accordance with regulations, and pursue legal responsibilities in accordance with the "Government Procurement Law of the People's Republic of China" and other relevant national regulations.

Article 20 If the supplier provides untrue content in the statement letter in accordance with the provisions of these Measures, it is considered as providing false materials in order to win the bid or close the transaction. In accordance with the "Government Procurement Law of the People's Republic of China" and other relevant national Provide for the investigation of corresponding responsibilities. For government procurement engineering and construction projects that are subject to the Tendering and Bidding Law, if the bidder provides untrue content in the statement letter in accordance with the provisions of these Measures, it is deemed to have been fraudulent and defrauded to win the bid, and the corresponding responsibilities will be investigated in accordance with the "Tendering and Bidding Law of the People's Republic of China" and other relevant national regulations. .

Article 21 If the financial department, the department in charge of small and medium-sized enterprises and their staff violate the provisions of these Measures in the performance of their duties and engage in other illegal and disciplinary behaviors such as abuse of power, dereliction of duty, malpractice for personal gain, etc., they shall be punished in accordance with the " Government Procurement Law of the People's Republic of China, Civil Servant Law of the People's Republic of China, Supervision Law of the People's Republic of China, Implementation Regulations of the Government Procurement Law of the People's Republic of China The relevant national regulations will be followed to investigate the corresponding responsibilities; if suspected of committing a crime, they will be transferred to the relevant state agencies for handling according to law.

Article 22 These Measures do not apply to foreign aid projects, relevant national qualifications or projects otherwise stipulated in the qualification management system.

Article 23: Government procurement support policies for other entities deemed to be small and medium-sized enterprises shall be separately formulated by the Ministry of Finance in conjunction with relevant departments.

Article 24 The provincial financial department may, together with the small and medium-sized enterprise authorities, formulate specific implementation measures in accordance with the provisions of these Measures.

Article 25 These Measures will come into effect on January 1, 2021. The "Notice of the Ministry of Finance, Industry and Information Technology on Issuing the Interim Measures for Government Procurement to Promote the Development of Small and Medium-Sized Enterprises" (No. 2011_181) was abolished at the same time.