At present, my country's small and medium-sized enterprises have the typical characteristics of "five, six, seven, eight and nine". Small and medium-sized enterprises have contributed more than 50% of tax revenue, more than 60% of GDP, more than 70% of technological innovation, and more than 80% of urban labor employment. , with more than 90 enterprises, it is a new force in the development of the national economy and society, the capillaries of the national economy, an indispensable partner and assistant to large enterprises, and an important foundation for building a modern economic system and promoting high-quality economic development. It is an important support for expanding employment and improving people's livelihood, and is an important birthplace of entrepreneurship. Doing a good job in the work of small and medium-sized enterprises is of great significance to stabilizing employment, stabilizing finance, stabilizing foreign trade, stabilizing foreign capital, stabilizing investment, stabilizing expectations, and enhancing the long-term competitiveness of the economy.

At the end of 2020, the Ministry of Finance and the Ministry of Industry and Information Technology issued the "Administrative Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises" (Caiku [2020] No. 46) to further leverage the function of government procurement policies and provide services for those not reserved The quota is specifically for procurement projects of small and medium-sized enterprises, and supports the development of small and medium-sized enterprises through price review preferential measures. However, in government procurement activities, how to identify small and medium-sized enterprises? Agencies, review experts, and small and medium-sized enterprises do not fully understand the relevant policies for providing "Declaration Letters for Small and Medium-sized Enterprises" in government procurement activities, which affects the efficiency of government procurement bidding. To this end, based on the current regulations and the actual situation, the author discusses several issues that should be paid attention to when providing the "Declaration Letter for Small and Medium-sized Enterprises" for the reference and discussion of various government procurement parties and supervisory agencies during the implementation of government procurement.

Scope of application of support policies

Small and medium-sized enterprises refer to medium-sized enterprises and small 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 and microenterprises. Specifically, according to the notice of the Ministry of Industry and Information Technology, the National Bureau of Statistics, the National Development and Reform Commission, and the Ministry of Finance on the issuance of the classification standards for small and medium-sized enterprises (Industry and Information Ministry Lian Enterprise [2011] No. 300), the employees, operating income, and total assets are Divide by other indicators. Individual industrial and commercial households that meet the criteria for the classification of small and medium-sized enterprises, welfare units for the disabled, and prison enterprises that meet the conditions are regarded as small and medium-sized enterprises in government procurement activities and participate in government procurement activities in the form of a consortium. If all parties to the consortium are small and medium-sized enterprises, The consortium is 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. The person in charge of a large enterprise is the same person, or the enterprise has a direct holding or management relationship with a large enterprise. The goods provided by the supplier include goods manufactured by small and medium-sized enterprises, goods manufactured by large enterprises, as well as other organizations, natural persons and institutional legal persons. and other suppliers do not enjoy the support policies for small and medium-sized enterprises stipulated in these Measures.

Determine the attributes of the project to be purchased

The purchaser shall determine the nature of the project to be purchased in accordance with the "Measures for the Administration of Tendering and Bidding for Government Procurement of Goods and Services" (Ministry of Finance Order No. 87) and other relevant government procurement regulations and procurement projects Based on the actual situation, determine whether the project to be purchased is goods, projects or services. Suppliers who enjoy the support policy for small and medium-sized enterprises should meet the following conditions: in goods procurement projects, the goods should be manufactured by small and medium-sized enterprises, and there are no requirements for the contractors of the services involved; in engineering procurement projects, the projects should be constructed by small and medium-sized enterprises, There are no requirements on the manufacturers of the goods involved and the contractors of the services; in service procurement projects, the service contractors should be small and medium-sized enterprises, and there are no requirements on the manufacturers of the goods involved.

Determination of the industry to which the procurement subject belongs

Purchasers and procurement agencies shall, based on the classification standards for small and medium-sized enterprises approved by the State Council and based on the specific circumstances of the procurement project, specify in the procurement documents the corresponding industries of the procurement subject. Industry classification standards for small and medium-sized enterprises. If a procurement project involves multiple procurement targets, the industries corresponding to the small and medium-sized enterprise classification standards for all procurement targets should be clearly specified in the procurement documents. Suppliers determine whether they are small and medium-sized enterprises based on the classification standards corresponding to the industry specified in the procurement documents.

The current standard industries for classifying small and medium-sized enterprises include agriculture, forestry, animal husbandry, fishery, industry, construction, wholesale, retail, transportation, warehousing, postal industry, accommodation, catering, information transmission, software and information technology Sixteen categories including service industry, real estate development and operation, property management, leasing and commercial service industry and other unspecified industries. If the small and medium-sized enterprise declaration letter issued by the supplier does not belong to the industry to which the procurement target belongs, the qualification of the small and medium-sized enterprise may not be recognized, but it cannot be used as a reason to deny its qualification to participate in the bidding.

Statement letter provider

Suppliers should issue small and medium-sized enterprise declaration letters in accordance with the corresponding industries of the procurement targets specified in the procurement documents, rather than issuing small and medium-sized enterprise declaration letters in accordance with the supplier's business scope. . The "Declaration Letter from Small and Medium-sized Enterprises" is provided by suppliers participating in government procurement activities and is stamped with the seal of the bidding supplier. The content stated in the "Declaration Letter from Small and Medium-sized Enterprises" reflects the information of suppliers of goods, projects and services in government procurement activities. In goods procurement projects, the goods are manufactured by small and medium-sized enterprises, that is, the goods are produced and used by small and medium-sized enterprises. The trade name or registered trademark of the small and medium-sized enterprise; in the project procurement project, the project is undertaken by the small and medium-sized enterprise, that is, the project construction unit is a small and medium-sized enterprise; in the service procurement project, the service is undertaken by the small and medium-sized enterprise, that is, the personnel providing the service are small and medium-sized enterprises in accordance with the " Employees who conclude labor contracts in accordance with the Labor Contract Law of the People's Republic of China.

Contents stated in the declaration letter

The "Declaration Letter for Small and Medium-Sized Enterprises" shall be issued in accordance with the format required by the "Administrative Measures". If the supplier is a small and medium-sized enterprise, it should provide information on the employees, operating income and total assets of the previous year in the small and medium-sized enterprise declaration letter. Newly established enterprises without data for the previous year do not need to fill in the report. If you participate in government procurement activities or contract subcontracting in the form of a consortium, the "Small and Medium Enterprises Declaration Letter" must fill in the relevant information of the small and medium-sized enterprises in the consortium or the small and medium-sized enterprises that have signed a subcontracting intention agreement. The part of the consortium that is borne by small and medium-sized enterprises, or the part that is subcontracted to small and medium-sized enterprises, must all be manufactured, constructed or undertaken by the small and medium-sized enterprises. The supplier shall indicate in the "Project Name" part of the declaration letter the specific content undertaken by the SMEs in the consortium or the specific subcontracting content of the SMEs. The declaration letter from the winning supplier will be announced with the result. The bidder shall be responsible for the authenticity of the "Declaration Letter from Small and Medium-sized Enterprises" issued by it. If the content of the declaration is untrue, it will be deemed as providing false information in order to win the bid or close the transaction and will be held accountable. In actual operations, bidders who wish to obtain support from specified policies should obtain sufficient and accurate information from the manufacturer. If you do not fully understand the relevant manufacturer information, or you cannot be sure that the relevant information is true and accurate, it is not recommended to issue a "Small and Medium Enterprise Declaration Letter".

Judgement or Identification of Declaration Letter

In government procurement activities, bidders should truthfully fill in the "Declaration Letter for Small and Medium-sized Enterprises" based on the actual situation of the enterprise, and use it as a guideline to determine whether they are qualified or not in government procurement activities. Judgment basis for small and medium-sized enterprises. Suppliers who meet the prescribed conditions can enjoy relevant support policies in government procurement activities as long as they issue a "Declaration Letter for Small and Medium-sized Enterprises". No unit or individual may require suppliers to provide identification documents for small and medium-sized enterprises other than the declaration letter.