Chapter 1 General Provisions Article 1 In order to regulate government procurement behavior, improve the quality and efficiency of government procurement, protect the legitimate rights and interests of government procurement parties, and promote the construction of a clean government, in accordance with the "Government Procurement of the People's Republic of China and the People's Republic of China" These measures are formulated based on the actual conditions of the province and other laws and regulations. Article 2 These Measures shall apply to government procurement within the administrative region of this province.
If government procurement projects and goods and services related to project construction are procured by bidding, the laws, regulations and rules on bidding shall apply; if other methods are used for procurement, the laws, regulations and rules on government procurement shall apply. regulations and these Measures. Article 3 Government procurement shall follow the principles of openness, fairness, impartiality and good faith, and implement a management system that separates supervision and management from operation and execution. Article 4 Government procurement should help achieve economic and social development policy goals and implement policies and measures such as energy conservation, environmental protection and promotion of the development of small and medium-sized enterprises.
Government procurement should purchase domestic goods, projects and services. Procurement of imported goods, projects and services must comply with the conditions stipulated in government procurement laws and regulations and be reported to the financial department for approval. Article 5 The financial departments of the people's governments at or above the county level are responsible for the supervision and management of government procurement. Supervision, auditing and other departments shall perform supervisory and management responsibilities related to government procurement activities in accordance with the law. Article 6 Government procurement information shall be released to the public in a timely manner on the government procurement information media designated by the finance department of the provincial people's government, except when it involves state secrets and commercial secrets.
The financial department of the Provincial People's Government should strengthen the informatization construction of government procurement, formulate a unified development plan, and organize the construction of a unified and standard electronic government procurement supervision, management and transaction platform. Chapter 2 Government Procurement Budget and Plan Article 7 When preparing the annual departmental budget, the purchaser shall prepare the government procurement budget in accordance with the centralized procurement catalog and procurement quota standards. If the departmental expenditure budget added or adjusted during the year belongs to government procurement items, the government procurement budget shall be added or adjusted at the same time.
Based on the actual situation, the financial department of the Provincial People's Government may determine the centralized procurement catalog and procurement quota standards applicable to the provincial level, districted city level, and county level respectively. Article 8 The purchaser shall prepare a government procurement plan within 2 months after the government procurement budget is approved and submit it to the finance department for approval. Procurement projects of the same item in the same government procurement budget shall prepare and submit a government procurement plan.
The government procurement plan should specify the procurement items, organizational form, procurement method, procurement amount, etc. Article 9 For goods and services that are subject to public bidding in accordance with the law, if it is necessary to adopt procurement methods other than public bidding due to special circumstances, the purchaser shall obtain approval from the financial department of the people's government at or above the districted city level before submitting the procurement plan.
The use of invitational bidding, competitive negotiation, single-source procurement, price inquiry, and other procurement methods stipulated by laws and regulations shall comply with the circumstances stipulated in government procurement laws and regulations.
If a single-source procurement method is adopted and can only be purchased from a single supplier, it shall be announced on the government procurement information media designated by the finance department of the Provincial People's Government. Article 10 The government procurement budget shall be implemented and the government procurement contract signed before the end of November of the current year; if it is an additional budget, the government procurement contract shall be implemented and signed within 3 months after the additional budget; if the implementation is not completed, the government procurement contract shall be reported to the people at the same level. The government finance department shall submit written information.
If the government procurement budget is not implemented without special reasons, it will be recovered by the financial department. Article 11 Government procurement must be implemented in accordance with the approved budget and plan. For projects for which government procurement budgets and plans have not been reported, the purchaser shall not organize the implementation and shall not pay the procurement funds. Chapter 3 Government Procurement Organization and Implementation Article 12 Procurers and procurement agencies shall implement procurement in accordance with the approved procurement methods. Procurement agencies include centralized procurement agencies and social agencies.
Centralized procurement agencies should establish and improve internal management systems and procurement price monitoring systems, standardize procurement behavior, improve procurement quality and efficiency, achieve procurement prices lower than the market average, and are not allowed to entrust procurement projects to other organizations Or an individual. Article 13 The purchaser shall, in accordance with the regulations on government procurement supervision and management, entrust the government procurement project to a procurement agency in a timely manner and sign an agency agreement.
Purchasers shall select procurement agencies in accordance with the principle of open merit selection, and shall not entrust procurement agencies that do not meet the prescribed requirements.
Article 14 Purchasers and procurement agencies shall conduct demonstrations based on the characteristics and needs of the procurement project, prepare procurement documents accurately and completely, and issue procurement announcements in accordance with relevant national and provincial regulations.
Procurement documents should fully disclose procurement information, indicate substantive requirements, conditions and evaluation methods, indicate whether the procurement of imported products is allowed, and specify priority or compulsory procurement requirements and requirements in accordance with the provisions on the implementation of government procurement policies and measures. Scoring criteria.
If a deposit is required, it shall be stated in the procurement documents. Suppliers can pay deposits in the form of bank notes and letters of guarantee issued by specialized agencies. If payment is made in the form of a letter of guarantee, the purchaser or purchasing agency shall not refuse to accept it. Article 15 The technical indicators stated in the procurement documents shall comply with the standard requirements stipulated by the state and the province, and shall not contain the following content that restricts or excludes potential suppliers:
(1) Set qualifications, technology, The business conditions are incompatible with the specific characteristics and actual needs of the procurement project or have nothing to do with the performance of the contract;
(2) Limiting or specifying specific patents, trademarks, brands, origins or suppliers;
(3) Using performance and awards in specific administrative regions or specific industries as scoring factors or conditions for winning bids (transactions);
(4) Providing differentiated information to suppliers for the same procurement project Project information;
(5) Other content that restricts or excludes potential suppliers with unreasonable conditions.