Legal basis: Administrative Measures on Government Procurement Promoting 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 People's Republic of China (PRC) Government Procurement Law, the People's Republic of China (PRC) Small and Medium-sized Enterprises Promotion Law 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 established in People's Republic of China (PRC) 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 a large enterprise is the same person or has a direct holding and management relationship with a 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 the government procurement activities, the purchaser shall strengthen the management of procurement demand, implement measures such as reserving procurement share, preferential price evaluation and giving priority to 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; (two) 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 signed labor contracts in accordance with the Labor Contract Law of People's Republic of China (PRC). In the procurement of goods, if the goods provided by suppliers are made by small and medium-sized enterprises and large enterprises at the same time, they will not enjoy the SME support policies stipulated in these Measures. Participate in government procurement activities in the form of a consortium. If 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.