Notice of the Anhui Provincial Department of Finance on printing and distributing the measures for the administration of the procurement of Huizhou Cai Yun electronic stores by the Anhui provincial go

Notice of the Anhui Provincial Department of Finance on printing and distributing the measures for the administration of the procurement of Huizhou Cai Yun electronic stores by the Anhui provincial government Wancaigou [2022] No.711

Provincial departments and units, municipal and county (District) Finance Bureau, centralized procurement agency:

The measures for the administration of electronic stores in Anhui provincial government procurement cloud are hereby printed and distributed to you, please follow them.

Anhui Provincial Department of Finance

June 30(th), 2022

Administrative Measures of Anhui Provincial Government on Procurement of Cai Huiyun Electronic Store

Chapter I General Principles

Article 1 In order to standardize the government procurement behavior, improve the performance of government procurement, optimize the operating environment of government procurement and promote fair competition, these Measures are formulated in accordance with the Procurement Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Procurement Law of People's Republic of China (PRC), combined with the actual situation of our province.

Article 2 The term "electronic market" as mentioned in these Measures refers to an information service platform that relies on the Internet and uses cloud computing, big data and mobile Internet technologies to realize online trading and dynamic supervision of small and sporadic batches of goods and services.

Article 3 These Measures are applicable to the small, sporadic and multi-batch electronic government procurement activities (except for the "three-piece" product hall) in which the single or batch budget is lower than the open tender amount by using financial funds and through simple procurement procedures such as direct procurement, negotiation, bidding and reverse bidding implemented by electronic stores.

The use of electronic stores by state-owned enterprises and grass-roots autonomous organizations can be implemented with reference to these measures.

Article 4 The goods marked as online malls in the Catalogue and Standards for Centralized Procurement of Anhui Provincial Government (2022 Edition) shall be purchased by online supermarkets in electronic stores. Goods and services marked as designated procurement and agreement supply shall be purchased at the designated procurement hall and agreement supply hall of electronic stores. Buyers who purchase the "Three Songs" products recognized by the provincial and above economic and information departments shall purchase them through the "Three Songs" product hall. The purchaser purchases agricultural and sideline products through the Rural Revitalization Museum. If the electronic store really cannot meet the procurement demand, the purchaser may adopt other procurement methods according to law. Non-government procurement projects outside the centralized procurement catalogue and below the decentralized procurement quota standard shall be implemented with reference.

Article 5 The procurement activities of electronic stores shall follow the principles of openness, transparency, high efficiency, convenience, orderly competition, honesty and trustworthiness.

Sixth electronic stores to implement unified planning and construction, unified deployment and use. It has unified technical standards, basic information standards, business standards and data standards.

Article 7 Electronic stores shall implement government procurement policies such as energy conservation and environmental protection, supporting the development of small and medium-sized enterprises, supporting green innovation and rural revitalization. In order to identify buyers and guide them to implement government procurement policies.

Chapter II Division of Responsibilities

Article 8 The Anhui Provincial Department of Finance is responsible for overall planning the construction of electronic stores, formulating measures for the management of electronic stores, guiding the procurement of electronic stores in the province, and doing a good job in collecting suppliers and monitoring transaction prices of electronic stores. Municipalities centralized procurement institutions shall undertake the daily management of local electronic stores (except the rural revitalization hall) in accordance with these measures, and assist the financial departments to investigate and deal with illegal acts; Without the establishment of centralized mining institutions, the municipal finance department is responsible. The financial departments at all levels are responsible for handling the illegal activities of shopping malls handed over by centralized procurement institutions.

Article 9 The main contents of daily management of electronic stores are as follows:

(a) Review the goods in the region;

(2) Examining the application for major information change of suppliers;

(three) to deal with the illegal acts of the trading subject of the electronic store, hand over the illegal acts of the trading subject to the financial department, and assist the financial department to investigate and deal with the illegal acts;

(four) to follow up the disputes between the trading subjects of electronic stores;

(five) to manage the credit records of the transaction subjects of electronic stores.

Article 10 A purchaser shall establish and improve the internal control mechanism of government procurement, designate a special person to be responsible for the procurement of electronic stores, strengthen the audit management of the rationality and legality of the procurement behavior of electronic stores, and do a good job in daily affairs such as account management, workflow and configuration and maintenance of the operating authority of the unit. According to the plan or actual needs, reasonably choose the purchasing method of electronic stores, give priority to purchasing goods or services with lower prices under the same conditions, and settle the contract money in full and on time in accordance with the payment regulations and contract stipulations.

Chapter III Supplier Management

Eleventh electronic stores to implement the commitment system to open supplier registration, registered suppliers should meet the following conditions:

(a) in accordance with the provisions of Article 22 of the People's Republic of China (PRC) Municipal Government Procurement Law, registered in People's Republic of China (PRC), and has the corresponding supply and implementation capabilities.

(2) Having the qualification of an independent legal person and the ability to bear civil liabilities independently;

(3) Having the necessary ability to perform the contract;

(4) Strong service ability in the sales department;

(5) It has not been included in the list of persons who have lost their trust, the parties involved in major tax violations, the records of serious violations of government procurement, the list of abnormal business operations and serious violations of law and trust (blacklist) by Credit China (www.creditchina.gov.cn), China Government Procurement Network (www.gsxt.gov.cn) and National Enterprise Credit Information Publicity System (www.gsxt.gov.cn);

(VI) The online supermarket supplier of "Cai Huiyun" electronic mall, which promises to meet the procurement requirements of Anhui provincial government, promises.

Individual industrial and commercial households that meet the conditions in items (3), (4) and (5) are allowed to apply for residence. When a supplier enters an electronic store, he shall bear legal responsibility for the authenticity, accuracy and validity of the registration information submitted by him.

Article 12 The types of suppliers of electronic stores include manufacturers, distributors, agreement suppliers and service providers.

A manufacturer refers to a manufacturer or brand that manufactures goods that meet the requirements of national or industrial standards.

Distributor refers to a supplier who is manufactured by a sales manufacturer and puts goods on the shelves in an electronic store. Among them, if the distributor belongs to e-commerce, it shall obtain the approval of the relevant industry authorities and have the business qualification to engage in e-commerce business.

Suppliers with agreed supply and fixed-point procurement refer to suppliers with agreed supply and fixed-point procurement shortlisted by the financial department or competent unit through procurement procedures. After the purchase result is confirmed by the finance department or the competent unit at the same level, the goods will be put on the shelves and the shortlisted agreement will take effect within the specified time. If it is not renewed upon expiration, the corresponding agreement will automatically become invalid.

The supplier of the "Three Songs" product pavilion is a "Three Songs" product manufacturer certified by the provincial and above economic and information departments.

The third party entrusted by the provincial supply and marketing cooperative is responsible for the operation and management of the Rural Revitalization Pavilion. The suppliers go through the check-in formalities according to the relevant requirements of the Rural Revitalization Pavilion, and all the products on the shelves are audited by the provincial supply and marketing cooperative.

Thirteenth "Hui Caiyun" supplier database and Anhui public resources trading platform market subject database interconnection, can enjoy real-time supplier information. To participate in the procurement activities of electronic stores, suppliers should first handle the CA lock and complete the registration according to the requirements of the market subject library of Anhui public resource trading platform.

Article 14 The supplier shall designate a special person to be responsible for the business related to electronic store transactions, including the maintenance of commodity and service information, business handling of purchase orders, business consultation and dispute handling.

Fifteenth electronic store suppliers should strengthen the maintenance and management of commodity information such as inventory and price as promised, and ensure that the commodity information of online supermarkets is comprehensive, true, accurate and reliable.

Article 16 If the price of goods in electronic stores is lowered, the adjustment shall be completed within 3 working days; Where the price of commodities rises, the main attributes of commodities and service commitments change, the relevant qualifications of suppliers decrease, and other major information changes that may affect the performance of the contract, the suppliers shall apply for information change within 3 working days, and the relevant centralized procurement institutions shall complete the audit within 3 working days.

Article 17 If the market benchmark price of the goods supplied by agreement is reduced, the supplier shall adjust the agreed price accordingly, but the quality and configuration of the goods shall not be reduced. The purchaser has the right to participate in the promotional activities and preferential policies held by the supplier at a specific time, and enjoy the same preferential policies.

Chapter IV Commodity Management

Article 18 The goods sold by electronic stores shall be products that meet the standards, are generally configured, are available in the market, have sufficient supply, complete information and perfect service, and meet the following basic conditions:

(a) in line with national or industrial mandatory standards, in line with the national three guarantees policy and related industrial policies, the implementation of government procurement policies;

(two) the source of the goods is legal, to ensure that the original factory is original, brand-new and authentic, and not to sell products that infringe on the intellectual property rights or other legitimate rights and interests of others.

(3) Specifications, models, configuration parameters, service standards, etc. The identification of commodities shall be consistent with the information of commodities sold in the market, and commodities specially designed or prepared shall not be sold;

(4) The commodity price shall not be higher than the price published on the official website of the production enterprise in the same period. Among them, the goods provided by e-commerce shall not be higher than the sales price of its own e-commerce platform in the same period;

(5) Where the installation and commissioning of commodities or the provision of services involve the purchase of spare parts or the payment of service fees separately, the paid fees shall be disclosed; If the charging standard is not made public, the purchaser shall not be required to pay separately;

(6) Goods shall be put on the shelves according to the trading catalogue of electronic stores, and goods outside the trading catalogue of electronic stores shall not be put on the shelves.

Article 19 The goods of an electronic store shall meet the requirements of the electronic store trading catalogue and relevant regulations. The supplier shall be responsible for the authenticity and legality of the basic commodities released on this platform. Electronic stores have the right to dispose of goods that violate relevant laws and regulations and the relevant provisions of these Measures.

Twentieth electronic stores release and shelves of goods are divided into two ways: manual entry and data docking.

Manual entry refers to the supplier's manual entry of commodity information directly in the electronic store; Data docking means that suppliers push commodity information from their own e-commerce platform to electronic stores according to the relevant data interface specifications of electronic stores.

Twenty-first electronic stores implement standardized management, which is divided into manufacturer's standard commodity library management and standard commodity parameter system management.

For the project that implements the management of the manufacturer's standard commodity library, the supplier shall, in principle, select commodities from the manufacturer's standard commodity library for quotation; For the items managed by the standard commodity parameter system, the manufacturer or the dealer entrusted by the manufacturer shall make the purchase quotation according to the standard commodity parameter items.

Article 22 If the configuration parameters, market prices, service standards and other information of goods in electronic stores change due to the market, or the models are discontinued or out of stock, the supplier shall update or remove them from the shelves within 3 working days.

Chapter V Trading Rules

Twenty-third electronic stores include direct procurement, negotiation, bidding and reverse bidding.

Twenty-fourth direct purchase refers to the transaction mode in which the purchaser directly selects the goods on the shelves of electronic stores, and the supplier confirms the order and supplies the goods within the agreed time. In principle, direct purchase is suitable for small and sporadic purchases or commodities with transparent market prices and small price fluctuations.

Article 25 Bargaining refers to the act that the purchaser selects the goods, designates the suppliers, fills in the intended prices, generates a bargaining sheet and sends it to the suppliers. The supplier can accept or reject the order. If the supplier accepts the order, the supplier can modify the price according to the buyer's intended price.

Twenty-sixth bidding means that the purchaser determines a single brand of goods, generates a bidding list, and the qualified suppliers make quotations before the bidding ends, and the supplier with the lowest quotation becomes the trading supplier.

Twenty-seventh reverse bidding refers to the purchaser to determine multi-brand goods, generate a bidding list, qualified suppliers make quotations before the end of bidding, and the supplier with the lowest quotation becomes the trading supplier.

Article 28 If the purchaser purchases the goods marked as online shopping malls in the centralized procurement catalogue through the online supermarket of electronic stores (fertilizer unit 15, other cities and counties 14), the government procurement task book shall be used; The government procurement task book shall not be used for procurement projects outside the centralized procurement catalogue and below the quota standard. The government procurement task book shall not be used for purchasing the products of the "Three Songs" product hall and the rural revitalization hall, and the price of purchasing the "Three Songs" products shall not be higher than the standard of public bidding. If the goods are supplied from the agreement or purchased from the designated procurement hall, the purchase amount shall not be higher than the open tender amount.

Chapter VI Procurement Management

Article 29 The purchaser shall scientifically and reasonably choose the transaction mode of the electronic mall according to the actual procurement demand, and complete the procurement activities through self-help in accordance with the relevant rules of the electronic mall.

Thirtieth buyers through electronic stores, should give priority to buy products or services produced by small and medium-sized enterprises, prison enterprises and welfare enterprises for the disabled.

Thirty-first buyers and suppliers should carefully check orders, transaction results and other information, and sign contracts online. Do not refuse or delay orders, confirmation of transaction results and signing of contracts without reason.

Article 32 The supplier shall, in accordance with the contract, deliver the goods to the place designated by the purchaser by self-supporting distribution or entrusting a third party to complete installation and commissioning or provide corresponding services. Distribution information should be complete and clear.

Article 33 After the delivery of goods and services by the supplier expires, or if the performance of the contract meets the acceptance conditions, the buyer shall conduct acceptance according to the technical and service requirements agreed in the contract.

Article 34 If the acceptance is qualified or the payment terms agreed in the contract are met, the purchaser shall pay the supplier in accordance with the contract, and shall not refuse or delay the payment without reason. Orders related to the government procurement task book should be paid through the comprehensive budget management system. Irrelevant orders can be paid online through official cards, Alipay and WeChat.

Thirty-fifth after the transaction, the purchaser shall evaluate the supplier's performance satisfaction, and the evaluation results shall be included in the credit evaluation system of electronic stores.

Article 36 A purchaser or supplier shall not arbitrarily change an order, transaction result or purchase contract. If it is really necessary to change due to force majeure, it shall be submitted to the centralized procurement institution where the purchaser is located after consultation between both parties, and the change shall be made after verification. Where orders, transaction results and purchase contracts are changed, the purchaser shall report to the finance department at the same level for the record.

Article 37 If the purchaser discovers that the supplier has breached the contract and there are quality problems in the goods and services provided, or the supplier thinks that the purchaser has breached the contract, the two parties shall settle it through consultation or submit it to the centralized procurement institution where the purchaser is located for coordination. If negotiation or coordination fails, the centralized procurement institution where the purchaser is located shall be handed over to the finance department at the same level for handling.

Chapter VII Supervision and Administration

Thirty-eighth electronic stores to implement integrity management, the initial integrity is divided into 100 points; The cumulative deduction period of integrity points is a natural year, and the deduction will be cleared automatically after each period. In strict accordance with the relevant regulations, the store implements joint punishment for dishonesty and implements the requirements of the Ministry of Finance for the inquiry and use of credit records.

Thirty-ninth electronic store management agencies have the right to give early warning, suspend trading rights, cancel trading qualifications and other treatments to suppliers. And include them in the integrity record. If the score is deducted to 0 within a deduction period, the supplier qualification of electronic stores will be cancelled, and it is not allowed to apply for residence again within 2 years from the date of cancellation.

Article 40 If the supplier fails to correct the violation in time according to the early warning information of the electronic store, the centralized procurement institution will punish him by deducting points, restricting the operation authority, etc., and incorporate it into the credit file.

Article 41 In case of any of the following circumstances, the credit score of 10 will be deducted each time, and a yellow warning of 1 will be given, and the corresponding responsibilities will be investigated:

(1) The yellow warning indicator is triggered;

(2) Brand, price, picture and attribute are inconsistent and repeated before and after the release of commodity information;

(3) Publishing commodity selection categories unrelated to commodities;

(four) the released goods are inconsistent with the actual situation, including exaggeration, excessive and false propaganda;

(five) other acts that do not meet the platform commodity release standards.

Article 42 In case of any of the following circumstances, 20 credit points will be deducted for each occurrence, an orange warning will be given 1 time, and the corresponding responsibilities will be investigated:

(a) The orange warning indicator is triggered or the yellow warning indicator is triggered three or more times;

(2) Failing to reply or confirm the purchase order or contract for more than five times within the prescribed time limit without justifiable reasons;

(3) Failure to execute purchase orders and contracts without justifiable reasons or failure to provide goods and after-sales services as promised 1 time;

(four) failing to update and maintain commodity information, price information, service commitments and other information in a timely manner in accordance with the provisions of these measures;

(five) other acts in violation of the agreement or the supplier's commitment.

Article 43 In any of the following circumstances, 30 credit points will be deducted, and 1 red warning will be given, and the corresponding responsibilities will be investigated:

(a) The red warning indicator is triggered or the orange warning indicator is triggered two or more times;

(two) the purchaser's evaluation of the "satisfaction index" is less than five times;

(3) Negotiate with the purchaser again after the bidding;

(4) During the performance of the contract, negotiate with the purchaser to change the main terms of the contract.

Article 44 In case of Article 41, Article 42 and Article 43 of these Measures, if there are three or more suppliers designated for contract supply or procurement, the qualification for contract supply shall be cancelled.

Article 45 A supplier of an electronic store shall withdraw from the electronic store under any of the following circumstances:

(a) take the initiative to apply for withdrawal;

(2) Being included in the list of persons who have been executed for breach of trust, the parties involved in major tax violation cases, the record list of serious illegal acts of dishonesty in government procurement activities, the list of abnormal operations, the list of serious illegal acts of dishonesty (blacklist), etc. ;

(3) Being punished by the government procurement administration, and forbidden to participate in government procurement activities within 1 year to 3 years, and within the effective period of implementation.

Forty-sixth suppliers in any of the following circumstances, should be retired, and shall be investigated for corresponding responsibilities:

(a) the release of substandard goods;

(two) providing fake and shoddy goods or replacing parts without authorization, reducing the configuration, and shoddy;

(3) improper use of other people's trademark rights, copyrights and patents. , after investigation and verification;

(four) malicious use of rules to mislead buyers to obtain false information such as sales, evaluation and satisfaction of goods;

(5) Articles prohibited by the state from being released;

(six) the release of counterfeit registered trademark goods and pirated goods;

(7) Stealing, publishing or disseminating other people's private information without permission;

(eight) bribing or providing other illegitimate interests to the relevant personnel of operation and maintenance units, purchasers, shopping mall management departments and financial departments;

(9) Malicious collusion with other suppliers, operation and maintenance units, purchasers, centralized procurement institutions and relevant personnel of the financial department;

(10) Failing to sign a supply or service contract according to the procurement results, or signing another agreement with the purchaser that deviates from the substantive content of the contract;

(11) Refusing to sign a contract or perform its obligations without justifiable reasons, or failing to perform its obligations as agreed in the contract, constitutes a breach of contract;

(12) Using system vulnerabilities or other hacking methods to invade the system to tamper with data or fabricate transaction records;

(thirteen) refusing to implement the supervision measures of the financial department at the same level or the centralized procurement institution or refusing to correct the violation or breach of contract;

(fourteen) other illegal acts identified by the financial departments at all levels in violation of the provisions of these measures.

Forty-seventh buyers have one of the following acts, the financial department at the same level shall order them to make rectification within a time limit; Refuses to correct, be informed, suspend the trading authority of electronic stores, and be punished according to laws and regulations:

(1) Negotiate with suppliers again after bidding;

(2) refusing to confirm the conclusion of the transaction, refusing to sign a procurement contract with the supplier or not signing a procurement contract according to the transaction without justifiable reasons;

(3) During the performance of the contract, negotiate with suppliers to change the main terms of the contract;

(4) Being warned by the electronic store system for 5 times or more and not resolved in time within 1 month;

(five) without the approval of the financial department at the same level, not according to the provisions of these measures through electronic store procurement;

(six) did not timely acceptance and payment;

(seven) other illegal, illegal and violation of the provisions of these measures identified by the financial departments at all levels.

Forty-eighth financial departments at all levels and centralized procurement institutions should work together to implement hierarchical supervision and management of electronic stores. If the relevant departments and their staff violate the provisions of these measures, abuse their powers, neglect their duties, engage in malpractices for selfish ends and other illegal and disciplinary acts, they shall be investigated for their corresponding responsibilities in accordance with the relevant provisions of the state. Those suspected of violating the law and committing crimes shall be transferred to the relevant authorities for handling.

Article 49 Any unit or individual may supervise the legality, authenticity and reliability of suppliers and related commodity information and other parties, and report the illegal acts found to centralized procurement institutions or financial departments at all levels.

Chapter VIII Supplementary Provisions

Article 50 The relevant management systems supporting electronic stores shall be formulated separately and published in electronic stores.

Fifty-first approach by the Anhui Provincial Department of Finance is responsible for the interpretation of.

Article 52 These Measures shall be implemented as of July 6, 2022.

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