Notice on further optimizing the business environment in the field of government procurement

Units directly under the municipal government, county (city, district) Finance Bureau, municipal government procurement center, procurement agency:

According to the Notice of the Ministry of Finance on Promoting Fair Competition in Government Procurement and Optimizing the Business Environment (Caiku [2065438+09] No.38), The Ministry of Finance's Administrative Measures of the Ministry of Industry and Information Technology on Government Procurement to Promote the Development of Small and Medium-sized Enterprises (Caiku [2020] No.46) and the Guangdong Provincial Department of Finance's Implementation Opinions on Further Optimizing the Business Environment in the Field of Government Procurement (Guangdong Finance Procurement [20265433] Our Bureau has successively issued the Notice on Implementing the Implementation Opinions of the Guangdong Provincial Department of Finance on Further Optimizing the Business Environment in the Field of Government Procurement (Jiangcai Procurement [202] Kloc-0/] 10) and Notice of Jiangmen Municipal Finance Bureau on Printing and Distributing the Negative List of Jiangmen Municipal Government Procurement (Jiangcai Procurement [2021] No.6544).

First, strengthen the responsibility of government procurement policy implementation.

(1) Implement policies to promote the development of small and medium-sized enterprises and increase their share in government procurement.

The procurement unit shall implement the policy of government procurement to promote the development of small and medium-sized enterprises in budgeting, demand determination and project evaluation by formulating procurement demand standards, reserving procurement shares, selecting the best bidders and giving priority to procurement. The competent budget unit shall make overall arrangements for reserving the procurement share of small and medium-sized enterprises, and determine the reserved share of each project and the overall reserved share of the department according to the reserved proportion stipulated in the Measures for the Administration of Government Procurement for Promoting the Development of Small and Medium-sized Enterprises (Caiku [2020] No.46). On the premise that the overall reserved share remains unchanged, the actual reserved share of each project can be adjusted according to the project characteristics and actual situation. 6- 10% (3-5% for projects) shall be deducted from the quotations of small and micro enterprises that meet the requirements for the procurement projects specially purchased by small and medium-sized enterprises without reserved shares after overall planning by the competent budget unit. The competent budget unit shall, from 2022, report to the finance department at the same level the specific situation of the reserved share and procurement for small and medium-sized enterprises in the previous year, and publicly reserve the implementation of the project on the Guangdong provincial government procurement website. If the proportion of reserved shares is not reached, the reasons shall be explained.

(2) Promote government procurement contract financing services and strengthen financial and credit support for SMEs.

Procurement units and procurement agencies shall clearly inform suppliers of relevant policies and guidelines for financing government procurement contracts in procurement documents and bid-winning (transaction) notices, and push the contracts to Guangdong Government Procurement Network for filing and announcement within 2 working days after the signing of government procurement contracts; We should actively cooperate with financial institutions and suppliers to carry out government procurement contract financing, and give necessary support in information confirmation, financing payment account determination, acceptance and payment. Do not interfere with suppliers' choice of financial institutions for financing, and do not delay the payment of contract money without reason; If the supplier who wins the bid needs to modify the information of the collection account (the third party other than the supplier) when financing the government procurement contract, the procurement unit shall cooperate with the modification of the information of the collection account of the government procurement contract and change the contract filing and registration information of the Guangdong provincial government procurement smart cloud platform, and shall not refuse the supplier's application for change without reason. The procurement unit must pay the procurement funds to the financing payment account agreed in the government procurement financing contract or approved by the loan bank.

(3) Further intensify green procurement and increase the market share of government procurement of energy-saving and environmental protection products.

Purchasing units should establish the concept of green development in all aspects of government procurement, and improve the consciousness and enthusiasm of purchasing energy-saving and environmental protection products. From the aspects of procurement demand formulation, procurement documents formulation, evaluation standard formulation, contract performance acceptance, etc. Strictly implement the compulsory procurement and priority procurement policies for government procurement of energy-saving and environmental protection products, and increase the government's green procurement efforts. Where the products to be purchased by the purchaser fall within the scope of the List of Government Procurement Items for Environmental Label Products and the List of Government Procurement Items for Energy-saving Products, the purchaser and the procurement agency entrusted by him shall, according to the certification certificates for energy-saving products and environmental label products issued by the certification bodies determined by the state within the validity period, give priority to government procurement or compulsory procurement to the products that have obtained the certificates. For the product categories listed in the project list, the purchaser can put forward higher requirements for resource conservation and environmental protection in the procurement requirements, and give priority to the qualified certified products. For the product categories not listed in the project list, the purchaser is encouraged to comprehensively consider the factors of energy saving, water saving, environmental protection, recycling, low carbon, recycling and organic, and refer to relevant national standards, industry standards or group standards to put forward relevant green procurement requirements in the procurement requirements, and embed the green procurement requirements in the procurement documents. The bid evaluation criteria and methods reflect the priority orientation of green procurement, correspond to the requirements of green procurement clearly defined in the procurement documents, and avoid clauses that tend to or exclude potential suppliers.

Second, effectively reduce the capital occupation and participation cost of suppliers.

(a) cancel the bid bond. Procurement units and procurement agencies shall, in accordance with the spirit of Guangdong Finance Procurement [2021] No.7, cancel the bid bond for goods and services procurement projects with a price of less than 2 million yuan and engineering procurement projects with a price of less than 4 million yuan; In principle, the bid bond for goods and services procurement projects of more than 2 million yuan and engineering procurement projects of more than 4 million yuan will be cancelled. If it is really necessary to collect the bid bond, suppliers should be allowed to choose to submit it in non-cash forms such as check, draft, promissory note and guarantee.

(2) Exempt the performance bond or reduce the payment ratio. Procurement units are encouraged to waive the performance bond for honest suppliers or reduce the payment ratio, and the performance bond charged for small and medium-sized enterprises shall not be higher than 5% of the contract amount. Support suppliers to replace deposits with letters of guarantee, and promote the use of electronic letters of guarantee.

(3) Remote bid opening is preferred if no meeting is held. Accelerate the implementation of electronic procurement of projects, and all municipal government procurement projects use the Guangdong Provincial Government Procurement Smart Cloud Platform project trading system to conduct electronic transactions in the whole process, giving priority to remote bid opening without meeting. After the transaction system of Guangdong provincial government procurement smart cloud platform project was fully put into operation at the county (city, district) level, all government procurement projects in the city used the system to implement the whole-process electronic transaction, giving priority to the remote online bid opening, fully realizing the bid opening without meeting, and encouraging the exploration of remote bid evaluation.

(4) Provide procurement documents free of charge. For projects that use the Guangdong provincial government procurement intelligent cloud platform project trading system to implement electronic transactions, purchasers and procurement agencies shall provide electronic procurement documents to suppliers free of charge, and shall not require suppliers to pay extra compensation for purchasing paper procurement documents for various reasons.

Third, strengthen the maintenance and protection of suppliers' rights and interests.

(a) the timely signing of government procurement contracts. The procurement unit shall sign a government procurement contract with the supplier within 30 days after the transaction results of the electronic store or the notice of winning the bid and closing the project, and shall not delay or cancel the procurement project without reason. If there are other provisions in the signing procedures of electronic stores, it shall be handled in accordance with the trading rules of electronic stores.

(two) timely acceptance of the contract. The procurement unit shall stipulate the performance acceptance plan in the contract. The performance acceptance plan shall specify the subject, time, method, procedure, content and acceptance standard of performance acceptance. The procurement unit shall bear the main responsibility for the performance acceptance, organize the acceptance work according to the national and industry standards and the provisions of the procurement contract, and shall not delay the acceptance work without reason. Acceptance personnel and procurement personnel should be separated from each other. The public service projects provided by the government to the society shall invite the entrusting party to participate in the acceptance and express their opinions, and the acceptance results shall be announced to the society.

(three) timely payment of procurement funds and refund of the deposit. The procurement unit shall stipulate the method, time and conditions of fund payment in the government procurement contract, specify the liability for breach of contract and the refund of the deposit for overdue payment, pay the contract money in full and on time and return the performance bond in accordance with the contract, and urge the agency to return the bid bond in time. For those who meet the payment conditions agreed in the contract, the purchaser shall pay the funds to the supplier account agreed in the contract within 30 days after receiving the invoice, and shall not delay the payment on the grounds of institutional change, personnel change and policy adjustment. Obligations not specified in procurement documents and contracts shall not be used as conditions for payment to suppliers. When signing a contract with a small and medium-sized enterprise, the procurement unit shall stipulate the advance payment, the proportion of which shall not be less than 30% of the contract amount, and the advance payment shall be completed within 5 working days after signing the contract. If the procurement unit refuses to pay or fails to pay the procurement funds in time, the competent department shall interview and urge the rectification. Refuses to rectify, by the relevant regulatory authorities in accordance with the "Regulations" of small and medium-sized enterprises to pay security, "Regulations on penalties and sanctions for financial violations" and other relevant provisions.

(4) Improve the compensation and compensation mechanism for suppliers' interests. The parties to a government procurement contract shall not alter, suspend or terminate the contract without authorization. If continuing to perform the government procurement contract will harm the national interests and social public interests, both parties shall change, suspend or terminate the contract, and the procurement unit shall record and announce the contract changes through the Guangdong Provincial Government Procurement Smart Cloud Platform. Procurement units and suppliers shall clearly stipulate the liability for breach of contract of both parties in the government procurement contract. If the government procurement contract is changed, suspended or terminated due to the reasons of the procurement unit, the procurement unit shall compensate or compensate the losses suffered by the supplier in accordance with the contract.

Four, strengthen the supplier contract performance integrity management and punishment.

After the supplier wins the bid (clinches a deal), if there is no justifiable reason to give up the bid (clinches a deal), refuse to sign a purchase contract with the purchaser or deliberately delay the signing of the contract, sign a government procurement contract without following the matters specified in the procurement documents, subcontract the government procurement contract, provide fake and shoddy products, change, or suspend or terminate the procurement contract without authorization, the procurement unit shall promptly find out and stop it, and actively report the situation to the relevant regulatory authorities and submit corresponding evidence materials, and the government procurement regulatory authorities shall investigate and deal with illegal acts according to law. The relevant departments shall take corresponding disciplinary measures against the parties involved in government procurement who are legally recognized as serious violations of law and dishonesty in accordance with the Memorandum of Cooperation on Joint Disciplinary Action for Subjects with Serious Violations of Law and Dishonesty in Government Procurement (No.18) issued by the National Development and Reform Commission and other 30 ministries and commissions. Belonging to the behavior that occurred in the implementation of electronic stores, the electronic store operation service organization deducted credit points and gave early warning to suppliers according to the Detailed Rules for Credit Management of Electronic Store Suppliers of Guangdong Provincial Government Procurement Intelligent Cloud Platform and the Detailed Rules for Credit Evaluation of Electronic Store Suppliers of Guangdong Provincial Government Procurement Intelligent Cloud Platform.

V. Strengthen supervision and management and promote fair competition.

(a) to strengthen the government procurement credit records and use. All procurement units should actively fulfill the purchaser's main responsibility, strengthen the credit evaluation and bad behavior records of suppliers, procurement agencies and bid evaluation experts, carry out supplier performance evaluation records, and strengthen the application of performance evaluation results. At the same time, review the qualifications of suppliers to participate in procurement activities according to law, strengthen joint punishment of government procurement and dishonesty in related fields, and form a credit mechanism of "one place is broken and everywhere is limited".

(2) Strengthen the supervision of government procurement. Use the Guangdong provincial government to purchase smart cloud platform, strengthen data analysis in key regulatory areas, and further improve regulatory efficiency. Supervise and inspect the purchasers, urge the purchasers to perform their duties according to law, and standardize the procurement behavior. We will promote the supervision and inspection of government procurement in an orderly manner, and resolutely investigate and deal with all kinds of illegal complaints, reports and clues. Focus on increasing the investigation and punishment of illegal acts such as providing false materials and colluding in bidding, and maintaining a good order of fair competition in government procurement.

Other matters of intransitive verbs

(a) counties (cities, districts) Finance Bureau, procurement units and procurement agencies should fully understand the market order of maintaining fair competition in government procurement, optimize the business environment of government procurement, strengthen organizational leadership, clarify work responsibilities, make careful arrangements, strengthen supervision and inspection, implement accountability, and ensure that all requirements are put in place. At the same time, strengthen communication and feedback to form a joint force to promote the continuous optimization of the government procurement business environment in our city.

(II) All competent budget units should strengthen their professional guidance, supervision and inspection on their subordinate units' implementation of relevant work measures to promote fair competition in government procurement and optimize the business environment, as well as the implementation of the Negative List of Government Procurement in Jiangmen City and the List of Internal Control Matters in Government Procurement Activities of Budget Units in Guangdong Province. Those who fail to implement them should be interviewed in time, urged to make rectification and investigated for corresponding responsibilities; Regularly feedback the implementation of the department or unit to the special index group of government procurement of Jiangmen City Comprehensive Optimization Business Environment Leading Group Office (located in the Municipal Finance Bureau). The government procurement supervision department will strengthen supervision through daily supervision and key inspections, timely promote advanced experience and practices, and report negative typical cases that have a negative impact on the business environment of our municipal government. If violations of laws and regulations are found, they will be dealt with according to law.

Jiangmen bureau of finance

February 2022 14

Disclosure method: voluntary disclosure

Issued by Jiangmen Finance Bureau Office on February, 2022 15.

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