Chapter 1 General Provisions Article 1 In order to standardize government procurement behavior, strengthen fiscal expenditure management, improve the efficiency of the use of fiscal funds, maintain the order of market competition, and promote the construction of a clean government, in accordance with relevant laws and regulations, combined with the actual situation of our province , formulate these regulations. Article 2 The term "government procurement" as mentioned in these regulations refers to the use by state agencies at all levels, public institutions and social groups that implement budget management in our province (hereinafter collectively referred to as purchasers) for the purpose of carrying out daily official activities or providing public services. The act of acquiring goods, projects or services with fiscal funds. Article 3 These regulations shall apply to government procurement implemented in our province. However, exceptions are made for situations involving national security, secrets, emergency procurement due to force majeure or other unforeseen factors, and other situations identified by the Provincial People's Government. Article 4 Government procurement shall follow the principles of openness, fairness, impartiality, efficiency, honesty and credibility, and reflect government policy objectives. Article 5: Government procurement shall implement a management system of unified management and hierarchical responsibility. Article 6 The financial departments of the people's governments of provinces, cities, and counties (including county-level cities and districts, the same below) are the departments in charge of government procurement at the same level, and manage and supervise the government procurement work at the same level.
Government procurement agencies established with the approval of the provincial, municipal and county people's governments, specifically undertake the government procurement business at the same level, and accept the management and supervision of the financial department at the same level.
Relevant administrative departments such as auditing, supervision, planning, economy and trade, construction, and science and technology shall be responsible for the management and supervision related to government procurement in accordance with their respective responsibilities. Chapter 2 Market Access to Government Procurement Article 7 Bidding agencies participating in government procurement must meet the following conditions:
(1) Have legal person qualifications;
(2) Have the qualifications to Professionals required for bidding business;
(3) Have the ability to use modern scientific and technological means to complete government procurement and bidding agency work;
(4) Other conditions stipulated by the provincial financial department . Article 8 Suppliers participating in government procurement must meet the following conditions:
(1) Have legal person qualifications or have the ability to independently bear civil liability;
(2) Operate in accordance with the law, No bad debts or default records, and good business reputation;
(3) Have the ability to perform government procurement contracts;
(4) Other conditions stipulated by the provincial finance department.
Foreign legal persons, other organizations or individuals that comply with the provisions of the preceding paragraph have access to my country's government procurement market with the approval of the national and provincial people's governments, or in accordance with the commitments of international conventions, treaties, and agreements that my country has concluded or participated in. , can become a supplier for our provincial government procurement. Article 9 If a government procurement agency or purchaser uses loans or grants from international organizations, foreign governments, foreign legal persons, other organizations or individuals to conduct government procurement, and if the lender or grantor has an agreement on the form of procurement, such agreement shall apply. Agreement. Chapter 3 Government Procurement Methods Article 10 Government procurement is divided into centralized procurement and decentralized procurement.
Concentrated procurement shall be organized and implemented uniformly by the government procurement agency at the same level, or by a bidding agency entrusted by it to obtain government procurement bidding agency qualifications. The purchaser should be involved in the entire process.
Decentralized procurement must be approved by the financial department before it can be organized and implemented by the purchaser. Article 11 Centralized procurement must be implemented if the following conditions are met:
(1) The unit value is more than 10,000 yuan (including 10,000 yuan) or the unit value is less than 10,000 yuan, but the purchase in bulk and Goods with a cumulative value of more than 50,000 yuan that year;
(2) New construction, expansion, and renovation with a total investment of more than 100,000 yuan (including 100,000 yuan) or a project construction area of ??more than 100 square meters Projects;
(3) Service projects with a budget of more than 50,000 yuan (including 50,000 yuan).
If the provisions of item (2) of the preceding paragraph meet the limits of the "Liaoning Provincial Construction Project Bidding Regulations", the procurement must be through bidding. Article 12 Government procurement agencies and purchasers shall not raise procurement standards without authorization.
Article 13 If a project that meets the conditions for centralized procurement falls into one of the following circumstances, the government procurement agency may use competitive negotiation procurement: (1) After the bidding, no supplier bids or there is no Qualified bid;
(2) The preparation of bid documents takes a long time to complete;
(3) Suppliers need high costs to prepare bid documents;
(4) Special requirements for high-tech content;
(5) Other circumstances determined by the financial department of the government at the same level. Article 14 For projects that meet the conditions for centralized procurement, are of standard specifications and have low price elasticity, the government procurement agency may adopt the form of inquiry procurement. Article 15 If a project that meets the conditions for centralized procurement falls into one of the following circumstances, the government procurement agency may adopt the form of single-source procurement:
(1) It can only purchase from specific suppliers, or supply The supplier has exclusive rights and there is no other suitable substitute for the subject matter;
(2) Post-purchase maintenance, spare parts supply, replacement or expansion can only be provided by the original supplier;
(3) Within the scope of the original bidding, for projects where the supplementary contract price does not exceed 50% of the original contract price, a contract must be signed with the original supplier;
(4) Pre-declaration is required for the original procurement project Expansion;
(5) Other circumstances determined by the financial department of the government at the same level.