[Heilongjiang] Notice on Further Optimizing the Business Environment of Government Procurement

Notice on further optimizing the business environment of government procurement

Sui Cai Fa [2022] No.265438 +0

Counties (cities, districts) Finance Bureau, municipal government procurement center, municipal budget units, government procurement social institutions, government procurement evaluation experts, government procurement suppliers:

In order to comprehensively deepen the reform of "simplifying administration, decentralizing power, strengthening supervision and improving services" in government procurement, thoroughly implement the requirements of the provincial party committee and the municipal party committee and municipal government on optimizing the business environment, and promote open and transparent, fair competition, honesty and credit, and performance-oriented government procurement, according to the People's Republic of China (PRC) Government Procurement Law, the People's Republic of China (PRC) Government Procurement Law Implementation Regulations, the Regulations on Optimizing the Business Environment and other relevant rules and regulations, and the Administrative Measures on Government Procurement for Promoting the Development of Small and Medium-sized Enterprises. Combined with the actual work in our city, the relevant matters are hereby notified as follows:

First, comprehensively apply the new electronic supervision platform and optimize the government procurement process.

1. Fully apply the new version of the government procurement supervision platform and fully implement the "no meeting" bid opening. Except for classified projects, all government procurement projects are implemented on the government procurement supervision platform. The procurement unit or procurement agency shall organize the bid opening and opening response documents through the electronic trading platform according to the time specified in the procurement documents, and it is forbidden to require suppliers to participate in government procurement activities at the bid evaluation site, and suppliers shall participate online on time. It is forbidden to ask suppliers to provide paper bidding (response) documents, data USB flash drives, CA, etc. The scene.

2, government procurement projects to implement the whole process of electronic. Bidding (consultation, negotiation) documents are obtained online, and no bidding registration link is set up, and no procurement document fee and bid bond are charged. Considering the characteristics of the project and the reputation of the supplier, the purchaser is encouraged not to accept or reduce the payment ratio of the performance bond. If it is really necessary to collect the performance bond, the collection ratio shall not be higher than 5%. Without the basis of laws and regulations, the purchaser and the procurement agency shall not collect the deposit.

3. Further improve the related functions of the new version of government procurement supervision platform and electronic store, open up the government procurement supervision system, budget management and treasury payment system, and realize the whole process of contract signing and fund payment.

4. For eligible projects, procurement units are encouraged to use government procurement services, such as government procurement electronic stores and online supermarkets, built by provincial finance departments to further improve procurement efficiency.

5. Suppliers are not required to provide information that purchasing units and purchasing agencies can query through the Internet or related information systems. Suppliers who submit various statements and commitments in accordance with regulations shall not be required to provide relevant certification documents issued by relevant departments.

6. If the bid assessment committee thinks that the bidder's quotation is obviously lower than that of other bidders who have passed the conformity assessment, and may not be able to perform it in good faith, it shall require it to provide a written explanation at the bid assessment site within a reasonable time and submit relevant certification materials when necessary; If a bidder proves that he can perform in good faith, he may continue to participate in the bid evaluation, otherwise the bid evaluation committee shall regard it as an invalid bid.

7 qualified procurement units and procurement agencies should actively carry out off-site bid evaluation of government procurement projects.

Two, clean up the barriers that hinder the unified market and fair competition, and improve the convenience of enterprises.

8, the financial sector in the formulation of government procurement regulatory documents and other policies and measures, should be strictly in accordance with the relevant provisions of the state, province and city for fair competition review, legality audit, without fair competition review, shall not be introduced.

9. Except for agreed supply, fixed-point procurement and other circumstances stipulated by the Ministry of Finance, the procurement unit shall not take the establishment of alternative libraries, directory libraries and qualification libraries as the qualification conditions for participating in government procurement activities through shortlisting. The financial department will clean up the alternative library, catalogue library and qualification library into the daily supervision work.

10, the procurement unit shall prepare the government procurement budget according to law, strictly follow the approved government procurement budget, and the budget amount shall be publicized together with the procurement announcement. It is strictly forbidden to carry out government procurement over budget and without budget.

1 1. Procurement units and procurement agencies shall not designate or designate specific suppliers in disguised form by restricting supplier qualifications or setting demand indicators, and shall not exclude small and medium-sized enterprises, private enterprises and newly established enterprises in disguised form, and suppliers in specific regions shall not participate in government procurement activities; The qualification of suppliers is not limited by their ownership form, organizational form, ownership structure and investor's country. They designate to purchase products of brands of specific countries or regions, and set indicators that do not meet the characteristics of procurement needs to point to products of domestic or foreign-funded enterprises. Thresholds such as supplier scale and years of establishment shall not be set or disguised to restrict supplier participation.

12. Procurement units and procurement agencies shall prepare procurement documents according to government procurement policies, procurement budgets and procurement requirements. Procurement demand shall comply with laws and regulations, government procurement policies and relevant state regulations, comply with national mandatory standards, follow the provisions of relevant management systems such as budget, assets and finance, and meet the characteristics and actual needs of procurement projects. Determine the purchasing demand according to the department budget (project budget). The public services provided by the government to the public shall solicit public opinions when determining the procurement demand. Unless detailed specifications or specific requirements cannot be determined due to technical complexity or special nature, the procurement requirements shall be complete and clear. When necessary, the opinions of experts shall be sought.

13. The procurement unit shall reasonably set the bidding period according to the complexity of the procurement project and the actual needs of the supplier in preparing for bidding. Where goods and services are purchased by means of bidding, it shall not be less than 20 days from the date of issuance of the bidding documents to the deadline for submission of bidding documents by bidders.

Third, shorten the cycle of government procurement and improve the efficiency of government procurement.

14. After the review of the procurement project, the purchaser and the bid evaluation committee shall determine the winning bidder or the winning supplier among the candidates recommended in the review report within 1 working days.

15, the procurement unit or procurement agency shall, within 1 working days from the date of determining the supplier's bid-winning transaction, issue a bid-winning transaction notice, announce the bid-winning transaction result on the Suihua municipal government procurement website, and announce the bidding documents at the same time.

The fourth is to standardize contract management and realize online signing of electronic contracts.

16. The procurement unit and the supplier who won the bid and clinched the deal shall sign the government procurement contract in accordance with the matters specified in the procurement documents within 30 days from the date of issuing the notice of winning the bid and clinching the deal. The procurement unit shall, within 2 working days from the date of signing the government procurement contract, publish the government procurement contract on the Suihua municipal government procurement website, except for the contents involving state secrets and commercial secrets in the government procurement contract.

17. The bid-winning and transaction notices have legal effect on the procurement unit and the bid-winning and transaction suppliers. After the bid-winning and transaction notice is issued, if the procurement unit changes the bid-winning and transaction results, or if the bid-winning and transaction suppliers give up the bid-winning and transaction projects, they shall bear legal responsibilities according to law.

18. The parties to a government procurement contract shall not change, suspend or terminate the contract without authorization. If the continued performance of the government procurement contract will harm the public interests of the state and society, both parties shall modify, suspend or terminate the contract. The party at fault shall be liable for compensation. If both parties are at fault, they shall bear corresponding responsibilities.

19. During the performance of the government procurement contract, if the procurement unit needs to increase the same goods, projects or services as the subject matter of the contract, it can negotiate with the supplier to sign supplementary contracts without changing other terms of the contract, but the purchase amount of all supplementary contracts shall not exceed 10% of the original contract purchase amount.

20, the government procurement contract shall stipulate the way, time and conditions of payment of funds, clear the liability for breach of contract for overdue payment of funds.

2 1. The signing, performance and modification of government procurement service contracts shall comply with the relevant provisions of government procurement laws, regulations and rules and the Civil Code. The performance period of the contract generally does not exceed 1 year; On the premise that the budget is guaranteed, for government-purchased service projects with relatively fixed purchase contents, strong continuity, stable sources of funds and small price changes, government-purchased service contracts with a performance period of no more than three years can be signed.

Five, strengthen the management of fund payment, clear down payment ratio and payment time limit.

22, the procurement unit shall stipulate the deposit in the government procurement contract, increase the proportion of government procurement deposit, the deposit ratio is not less than 30% of the contract amount; If the project is budgeted on an annual basis, the annual down payment ratio shall not be less than 30% of the annual planned payment of the project. The down payment ratio of small and medium-sized enterprises shall not be less than 50% as agreed in the contract.

23. The procurement unit shall actively perform the contract, organize acceptance in time, and pay the contract amount in time after passing the acceptance. If the payment conditions agreed in the contract are met, the purchasing unit shall complete the acceptance within 15 working days and pay the funds to the supplier account agreed in the contract within 30 days. Payment shall not be delayed on the grounds of institutional change, personnel flow, policy adjustment, unit holiday, etc.

24, the financial sector to deepen government procurement to support SME credit financing mechanism, and the People's Bank of China docking organization to carry out accounts receivable financing services. Financial institutions can issue loans to suppliers according to the recorded government procurement contracts, or they can issue loans according to the historical transaction records and performance of suppliers' government procurement. Financial institutions should give support in terms of credit line, loan review and interest rate concessions. To promote suppliers to operate in good faith according to law. Provide one-stop services such as product display, online application, approval, loan issuance and payment progress inquiry of financial institutions to help alleviate the financial pressure of suppliers.

25. Further improve the function of the government supervision platform, conduct early warning and monitoring of government procurement payment data, and realize the transformation from "managing contracts" to "managing data", from "urging enterprises" to "urging finance" and from "paying at the end" to "comparing time limits". If the payment terms agreed in the contract are met, the procurement unit shall timely review the payment, and if the payment is delayed without reasonable reasons, the relevant departments shall timely coordinate and solve it. The procurement unit shall not refuse or delay the payment of the government procurement contract money without reason, and shall unblock the channels for suppliers to claim for rights protection, handle the claims in a timely manner, and maintain the credibility of the government.

Six, the implementation of government procurement policies to promote the development of small and medium-sized enterprises.

26. In government procurement activities, procurement units should strengthen the management of procurement demand, implement measures such as reserving procurement share, preferential price evaluation and giving priority to procurement, increase the share of small and medium-sized enterprises in government procurement, and support the development of small and medium-sized enterprises.

27. The competent budget unit shall organize the review of government procurement projects of its own departments and subordinate units, and make overall arrangements to reserve procurement shares for small and medium-sized enterprises. For procurement projects and procurement packages suitable for small and medium-sized enterprises, the reserved procurement share should be specifically for small and medium-sized enterprises and listed separately in the government procurement budget.

28. Where goods and services with a procurement limit of more than 2 million yuan and engineering projects with a procurement limit of more than 4 million yuan are suitable for small and medium-sized enterprises, the procurement unit shall purchase them exclusively for small and medium-sized enterprises.

29. For goods and services procurement projects with a price of more than 2 million yuan and engineering procurement projects with a price of more than 4 million yuan that are suitable for small and medium-sized enterprises, more than 30% of the total budget of these procurement projects is reserved for small and medium-sized enterprises, and the proportion reserved for small and micro enterprises is not less than 60%.

30. For the unreserved share procurement project specially for small and medium-sized enterprises after overall planning by the competent budget unit, and the procurement package without reserved share in the project, the procurement unit and procurement agency will deduct 10% (5% for engineering projects) from the quotation of small and micro enterprises that meet the requirements, and participate in the review with the deducted price.

3 1. SMEs are responsible for the authenticity of their statements. If the statement is untrue and the bid is won by providing false materials, it will bear legal responsibility according to law.

32. If the products to be purchased by the procurement unit belong to the category catalogue of energy-saving products and environment-friendly products, the purchaser and the procurement agency entrusted by him shall, on the basis of the certification certificate of energy-saving products and environment-friendly products issued by the certification body determined by the state within the validity period, give priority to government procurement or compulsory procurement to the products that have obtained the certificate. Encourage the use of environmentally friendly packaging materials. Government procurement projects involving commodity packaging and express packaging should refer to the Trial Standards for Government Procurement Requirements of Commodity Packaging and Express Packaging, specify the specific packaging requirements of products provided by government procurement suppliers in procurement documents, and specify them in government procurement contracts.

Seven, guarantee the right of suppliers to participate in government procurement activities on an equal footing, and create a level playing field.

33, government procurement information should be released to the public in time in Suihua city government procurement online, except those involving state secrets and commercial secrets.

34. The disclosure of government procurement information shall include procurement intention, procurement demand, procurement plan, procurement announcement, procurement documents, model bidding (response) documents, model contracts, procurement results, inquiry and complaint channels, procurement contracts and acceptance results.

35, the procurement unit shall strictly implement the government procurement intention disclosure work. The contents of the disclosure of procurement intention shall include the name of the procurement project, the general situation of procurement demand, the budget amount, the estimated procurement time, whether it is specifically aimed at small and medium-sized enterprises, etc. In principle, the disclosure time of purchase intention shall not be less than 30 days.

36, procurement units and procurement agencies shall not require suppliers to buy designated software, as a condition for participating in electronic government procurement activities. Procurement units and procurement agencies should simplify and clarify the format and form requirements of bidding (response) documents, and invalid bidding clauses should be listed in a centralized way. Suppliers' bidding (response) should not be restricted and influenced by immaterial format and form problems such as document sorting.

37, procurement units and procurement agencies shall not require suppliers to make unnecessary registration before the government procurement activities, or require the establishment of branches, set up or disguised obstacles to enter the government procurement market.

Thirty-eight, the procurement unit shall implement the main responsibility, establish and improve the internal control system of government procurement, and strengthen internal control management in key links such as the preparation of government procurement budget and implementation plan, determination of procurement demand, selection of procurement methods, organization of procurement activities, performance acceptance, answering questions, coordination with complaint handling and supervision and inspection. It is necessary to strictly implement the provisions of government procurement laws and regulations and the internal control system of government procurement, and bear corresponding legal responsibilities for violations of law and discipline.

39, the financial sector through the "double random, open" way to check the procurement agency, according to the provisions of the public inspection results, investigate and deal with violations found in the inspection according to law.

Eight, strengthen the construction of credit system, rational use of credit evaluation results.

40. When suppliers participate in government procurement activities, the access management system of "commitment+credit management" shall be implemented. The written commitment meets the requirements of participating in government procurement activities and qualifications, and there is no record of dishonesty in tax payment and social security. Purchasing agencies no longer require suppliers to provide relevant financial status, tax payment and social security funds.

4 1. The financial department is responsible for organizing the comprehensive credit evaluation of procurement agencies and establishing credit files. Purchasing units, suppliers and evaluation experts conduct comprehensive credit evaluation on purchasing agencies.

42, the procurement unit shall, according to the characteristics of the project, the professional field of the procurement agency, reasonable use of the comprehensive credit evaluation results of the procurement agency and the results of supervision and inspection to select the procurement agency.

43. The procurement unit or procurement agency shall record the performance of bid evaluation experts the day after the end of bid evaluation activities. Government procurement review experts accept the supervision and management of the financial sector, and regularly assess according to the provisions. Those whose average assessment score is below 60 for two consecutive years shall be dismissed.

Nine, compress the time limit for complaint handling and improve the dispute handling mechanism.

44. If the supplier believes that the procurement documents, procurement process, bid winning or transaction results have harmed his rights and interests, he may, within 7 working days from the date when he knows or should know that his rights and interests have been harmed, question the procurement unit and procurement agency in writing. Procurement documents may require suppliers to make a one-time inquiry about the same procurement procedure within the statutory inquiry period. The procurement agency or purchaser shall give a written reply to the query within 5 working days.

45, procurement units and procurement agencies to suppliers' complaints, should be handled in a timely manner according to law. If the procurement unit or procurement agency thinks that the supplier inquiry is not established, or it is established, but it has not affected the bid winning and transaction results, it will continue to carry out procurement activities.

46. If the procurement unit or procurement agency believes that the supplier's query on the procurement documents is effective and affects or may affect the bid winning and transaction results, and can continue the procurement activities through clarification or modification according to law, it will continue the procurement activities after clarifying or modifying the procurement documents; Otherwise, the procurement activities should be resumed after modifying the procurement documents.

47. The financial department should improve the administrative adjudication mechanism of government procurement, unblock the channels for suppliers' rights protection, and handle suppliers' complaints in a timely manner according to law. Information such as complaint acceptance method, contact department, contact telephone number and mailing address shall be published on the Suihua municipal government procurement website.

48. Suppliers who complain about government procurement projects according to law can do so through on-site delivery, mail delivery or online submission of complaints. In order to save the cost of complaints and improve the efficiency of complaint handling, suppliers are encouraged to complain online.

49. The financial department shall make a decision within 20 working days from the date of receiving the complaint.

Ten, improve the supervision mode, create new services.

50. Further improve the "Internet plus supervision" model. We will build an intelligent supervision system of "prevention in advance, early warning in the process and analysis after the event", carry out intelligent monitoring and real-time early warning, strengthen the control of suppliers' supply prices and procurement behaviors, focus on preventing and investigating illegal acts such as providing false materials and colluding in bidding, further improve supervision efficiency and maintain a good order of fair competition in government procurement.

5 1. The procurement unit or procurement agency shall organize the acceptance of the supplier's performance according to the technical, service and safety standards agreed in the government procurement contract.

52. The procurement unit or procurement agency shall set up an acceptance team, which shall be composed of an odd number of three or more people. The members of the inspection team are reasonably determined by the internal control system of the unit, and the internal control system principle of "exercising power by task, establishing power by post and authorizing at different levels" is strictly implemented. The staff and bid evaluation experts of the procurement agency entrusted by the procurement unit to organize procurement activities shall not participate in the acceptance team. The acceptance team may elect a team leader to preside over the work of the acceptance team. The acceptance team shall independently carry out the acceptance according to the acceptance plan. After acceptance, the acceptance team shall issue an acceptance report.

53. The procurement unit or procurement agency may invite other suppliers involved in project procurement activities to participate in supplier performance acceptance. Large or complex government procurement projects shall invite quality inspection institutions recognized by the state to participate in the acceptance work. For public service projects, customers should be invited to participate in the acceptance and express their opinions.

54. The procurement unit shall make clear the acceptance opinions according to the acceptance report and affix its seal to confirm. In addition to confidentiality, the results of government procurement performance acceptance shall be announced to the public.

55. Emergency procurement caused by major natural disasters, accidents, public health incidents, social security incidents and other force majeure events may not implement the relevant provisions of the Government Procurement Law on procurement methods, procedures and information disclosure, but relevant procurement documents and records shall be properly preserved.

56, the market supply capacity, supply time can meet the needs of emergency rescue, the procurement unit shall not exclude emergency procurement competition. Suppliers shall not participate in emergency procurement with obviously unreasonable trading conditions such as price and payment requirements.

57, the procurement unit shall establish and improve the emergency procurement system, strictly determine the nature of emergency procurement projects, fully implement the main responsibility of the purchaser, efficient and orderly implementation of procurement activities.

Counties (cities, districts) financial departments, municipal government procurement centers and municipal units should fully understand the significance of maintaining fair market order and optimizing the business environment of government procurement, strengthen organizational leadership, clarify work responsibilities, make careful arrangements, strengthen supervision and inspection, and ensure that all requirements are put in place.

This notice shall be implemented as of the date of promulgation. If the previous provisions are inconsistent with the provisions of this notice, the provisions of this notice shall prevail.

Suihua bureau of finance

May 20(th), 2022

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