Interim Measures for the Administration of Confidential Government Procurement

first

In order to strengthen the management of secret-related government procurement, standardize procurement behavior, and ensure the security of state secrets, these measures are formulated in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets and the Regulations for the Implementation of the Law of People's Republic of China (PRC) on Guarding State Secrets, with reference to the Regulations for the Implementation of the People's Republic of China (PRC) Procurement Law and the People's Republic of China (PRC) Procurement Law.

second

The measures referred to in government classified procurement refers to the state organs, institutions and organizations at all levels (hereinafter referred to as purchasers) that use financial funds to purchase goods, projects and services within the centralized procurement catalogue or above the procurement quota standards. Because the procurement objects, channels and uses are different, involving state secrets, it is necessary to control the scope of state secrets in the procurement process and take confidentiality measures.

Article 3 These Measures shall apply to the government classified procurement activities conducted by purchasers and centralized procurement institutions.

Article 4 The management of confidential government procurement projects shall adhere to the principles of whoever purchases shall be responsible, determined according to law, fair competition, full supervision and ensuring safety.

Article 5 A purchaser shall implement government procurement policies such as saving resources, protecting the environment, promoting the development of small and medium-sized enterprises and supporting innovation in secret-related government procurement activities.

Article 6

The purchaser shall strengthen the internal control management of classified government procurement projects, establish and improve the deliberation and decision-making mechanism combining collective research and internal consultation of classified government procurement projects, improve the internal audit system for determining procurement requirements, procurement methods and organizing procurement activities, and organize procurement in strict accordance with regulations.

Article 7 The financial department and the secrecy administrative department shall, according to their respective functions and duties, supervise and inspect the implementation of classified government procurement projects.

Chapter II Determination of Confidential Government Procurement Projects

Article 8 The procurement items of the following goods may be classified as government procurement items:

(a) products or equipment that are state secrets;

(2) Confidential special information equipment;

(3) Special products or equipment used for important command, technical investigation, technical supervision and secrecy work of discipline inspection and supervision, procuratorial work, public security, secrecy and confidential departments;

(four) safety products or equipment used for the safety protection of key departments and parts;

(5) Security products or equipment used for network security protection and supervision;

(six) other items related to state secrets and confidential matters as stipulated by laws and regulations.

Article 9 The procurement items of the following items can be determined as classified items of government procurement:

(a) national defense combat readiness construction projects and civil air defense command projects;

(two) the construction project of the confidential workplace of the qualification unit for scientific research and production of weapons and equipment;

(three) the national strategic materials and special materials reserve site construction projects;

(four) important command, technical investigation and special place construction projects of discipline inspection and supervision, procuratorial, public security, confidentiality and confidential departments;

(5) Construction projects of the head office and branches of the People's Bank of China;

(six) confidential meeting rooms, shielding rooms and other projects that need to be built in accordance with national security standards;

(seven) other construction projects involving state secrets and confidentiality as stipulated by laws and regulations.

Tenth procurement projects involving the following services can be identified as classified government procurement projects:

(a) the production, reproduction, maintenance, maintenance and destruction of state secret carriers;

(2) Maintenance, maintenance and destruction of confidential goods determined according to Article 8 of these Measures;

(3) Services related to the integration of classified information systems;

(4) Legal consultation, technical consultation and financial audit involving state secrets;

(five) other services involving state secrets and confidential matters as stipulated by laws and regulations.

Article 11

When the purchaser determines the government procurement projects within the scope of confidentiality, the undertaking department shall put forward the following opinions, which shall be determined by the legal confidential person or the main person in charge of the confidentiality committee after being reported to the confidentiality committee of the unit for examination and approval:

(a) according to the scope of confidential matters stipulated by laws and regulations, put forward the main points of the procurement project and its classification, confidentiality period and scope of knowledge;

(two) to demonstrate the relevance of the key points of confidentiality and the procurement process, and put forward the opinions that all or part of the procurement projects are confidential;

(three) according to the highest confidentiality rating, put forward the opinion that classified government procurement projects should be classified as secret, confidential or top secret.

If the purchaser does not have the right of confidentiality, it shall formulate opinions in advance and take confidentiality measures in accordance with the provisions of the preceding paragraph, and report to the higher authorities and units with corresponding confidentiality rights for confirmation in time; If there is no organ or unit at a higher level, it shall be submitted to the competent business department or the secrecy administrative department with corresponding confidentiality authority for confirmation.

Twelfth confidential government procurement projects should adhere to the principle of minimization. If the classified part and the non-classified part of the procurement project can be separated, only the classified part can be determined as a classified government procurement project.

Projects that can be publicly purchased after concealing state secret information in the procurement process shall not be determined as classified government procurement projects; Where work secrets or other sensitive information are involved, relevant information shall be concealed in the procurement process.

Article 13

If it is unclear or controversial whether it can be determined as a classified government procurement project, the competent budget unit shall report it to the state secrecy administrative department or the provincial secrecy administrative department for determination according to the classification of classified and classified units.

The competent budget unit that determines unclear or controversial classified government procurement projects shall submit the following materials to the secrecy administrative department:

(a) the official documents confirmed;

(two) the basic situation of the project, including the procurement content, amount, use, etc.;

(three) the project safety demonstration report, including the project safety level, safety points, safety basis, etc. ;

(four) the confidentiality management or technical measures to be taken;

(5) Other materials deemed necessary by the secrecy administrative department.

Chapter III Procurement Management

Fourteenth top secret government procurement projects, the purchaser to determine the procurement plan and organize the implementation.

Secret or confidential government procurement projects are mainly organized and implemented by the purchaser himself. If the purchaser does not have the conditions for self-organization, it shall entrust a centralized procurement agency to purchase.

Article 15 The procurement activities of secret or confidential government procurement projects shall be implemented with reference to the provisions of government procurement laws, regulations and relevant systems, unless otherwise stipulated in these Measures.

Article 16 When compiling departmental budgets, purchasers shall comprehensively and completely compile the procurement budgets of classified government procurement projects.

Article 17 A purchaser shall conduct procurement in the following ways according to the specific conditions of confidential government procurement projects:

(1) Bidding;

(2) Competitive negotiation;

(3) Competitive consultation;

(4) Single source procurement;

(5) asking;

(six) other procurement methods identified by the procurement supervision and management department of the State Council municipal government.

Article 18 Except for single-source procurement, the purchaser may invite at least three suppliers to participate in procurement activities through written recommendation or inquiry from suppliers with corresponding confidentiality conditions.

Article 19 Domestic suppliers participating in classified government procurement projects shall have corresponding confidentiality qualifications or meet the confidentiality conditions stipulated by confidentiality laws and regulations.

Suppliers participating in secret-related government procurement projects must meet the relevant conditions stipulated in Article 22 of the People's Republic of China (PRC) Government Procurement Law, and shall not have records of bad behaviors of secret-related government procurement within three years.

Article 20

Where a secret or secret-related government procurement project above the procurement quota standard intends to adopt the single-source procurement method, the purchaser shall apply to the finance department at the same level before the procurement activity starts, and obtain the approval of the competent budget unit; The procurement methods other than the single-source procurement methods specified in Article 17 of these Measures shall be determined by the purchaser.

To apply for single-source procurement, the following materials shall be submitted:

(1) The application documents of the competent budget unit shall include the following contents: the name of the budget unit, contact person and telephone number, the name of the procurement project, the general situation of the project, the determination of the project category, the reasons for applying for changing to the single-source procurement method, and the name and address of the sole supplier to be selected;

(two) the project budget, budget approval documents or proof of the source of funds;

(3) Opinions of internal consultation. The internal procurement management department (post) of the purchaser shall organize relevant departments (posts) such as finance and business to discuss the reasons and necessity of adopting a single source according to the procurement requirements, and the personnel of relevant departments (posts) shall sign for approval;

(4) Other materials deemed necessary by the financial department.

Article 21

Confidential government procurement projects should, in principle, purchase domestic goods, projects and services. If it is really necessary to purchase goods, projects and services provided by foreign suppliers, the purchaser shall organize the implementation with the consent of the competent budget unit, which shall strictly control the confidentiality management requirements and the development of domestic industries.

Article 22 A purchaser or centralized procurement institution may prepare pre-qualification documents according to the needs of confidentiality and procurement, and pre-qualify suppliers.

Article 23

The purchaser shall, in combination with the confidentiality management requirements and the actual situation of the project, select professionals in the corresponding fields and relevant personnel of the unit to form an evaluation (negotiation, consultation and inquiry) team. The bid evaluation (negotiation, consultation and inquiry) team is composed of more than 3 people in principle, and the participation ratio of unit personnel is not limited.

If the purchaser, the staff of the centralized procurement organization and the participants in the evaluation have an interest in the supplier, the relevant avoidance provisions shall be strictly implemented.

The purchaser should strengthen internal control management and strictly determine the conditions and selection procedures (negotiation, consultation and inquiry) of the members of the bid evaluation team.

Article 24

If the supplier believes that the purchaser or centralized procurement institution does not meet the relevant provisions of these Measures on government procurement management or damages its own rights and interests in the confidential government procurement activities, it may raise questions and complaints with reference to the relevant provisions of government procurement laws and regulations.

Article 25

Procurement budget, procurement documents, bid winning, transaction results, procurement contracts, complaint handling results and other procurement information of classified government procurement projects are not made public; The results of winning the bid and closing the transaction shall be informed to the suppliers participating in the procurement activities in an appropriate way.

Twenty-sixth units in charge of the budget shall, in accordance with the provisions, submit to the financial department at the same level the information statistics of the classified projects of government procurement of this budget unit.

Chapter IV Confidentiality Management

Article 27

The purchaser is fully responsible for the confidentiality management of government confidential procurement projects. Centralized procurement institutions, reviewers and suppliers shall bear corresponding confidentiality management responsibilities in accordance with relevant laws and regulations, confidentiality agreements and procurement contracts.

Article 28 A purchaser shall, in accordance with relevant laws and regulations, select suppliers with corresponding confidentiality qualifications or meeting confidentiality conditions to undertake confidential government procurement projects, and take the following confidentiality management measures:

(a) to set up or designate a special working organization to be responsible for the security management of confidential government procurement projects;

(two) to formulate the confidentiality management plan for confidential government procurement projects, and to clarify the confidentiality points and management responsibilities of all aspects of procurement;

(3) Where a centralized procurement institution is entrusted for procurement, a confidentiality agreement shall be signed with the centralized procurement institution to clarify the confidentiality management requirements;

(4) Signing confidentiality agreements with suppliers and relevant reviewers of confidential government procurement projects, and defining the requirements for confidentiality management;

(5) Signing secret-related procurement contracts with the suppliers who have won the bid and clinched the deal, and specifying specific confidentiality matters and confidentiality management requirements;

(six) to guide, supervise and coordinate suppliers to do a good job in the security management of confidential government procurement projects;

(seven) other security measures stipulated by laws and regulations and the state secrecy administrative department.

Twenty-ninth centralized procurement institutions shall, in accordance with relevant laws and regulations, take the following safety management measures:

(a) to set up or designate a special working organization to be responsible for the security management of confidential government procurement projects;

(two) the establishment of confidential documents, confidential information systems and equipment, security personnel and other related security management systems, strict implementation of security management requirements;

(three) to formulate the confidentiality management plan for confidential government procurement projects, and to clarify the confidentiality points and management responsibilities of all aspects of procurement;

(four) other security measures stipulated by laws and regulations and the state secrecy administrative department.

Thirtieth suppliers of confidential government procurement projects shall take the following security management measures:

(a) the establishment or designation of specialized agencies and staff, responsible for the confidentiality management of classified government procurement projects;

(two) to develop a work plan for confidentiality management, and to clarify the responsibility and division of labor for confidentiality;

(three) signed a confidentiality agreement with the personnel engaged in confidential procurement business, and defined the requirements for confidentiality management;

(4) The premises, facilities and equipment used for confidential procurement business meet the national confidentiality provisions and standards;

(five) other security measures stipulated by laws and regulations and the state secrecy administrative department, as well as other security management measures agreed with the purchaser.

Thirty-first after the completion of confidential government procurement projects, centralized procurement institutions and suppliers shall timely sort out all the project information and hand it over to the purchaser for formal handover procedures.

Article 32

Confidential government procurement projects are not allowed to perform contracts by subcontracting in principle. According to the provisions of the procurement documents and the actual situation of classified government procurement projects, if a supplier intends to subcontract the non-main and non-critical work of classified government procurement projects after winning the bid and closing the contract, it shall designate a subcontractor in the bidding and response documents, and the subcontractor shall have corresponding classified qualifications or confidentiality conditions.

Article 33 The competent budget unit shall submit to the secrecy administrative department at the same level the basic information of the annual confidential government procurement projects of the budget unit and the implementation of the secrecy management measures.

Chapter V Legal Liability

Article 34

If the purchaser violates the relevant provisions on confidentiality management, improperly determines the classification of classified government procurement projects, or fails to perform the responsibility of confidentiality management according to law in the process of implementing classified government procurement projects, and there are serious hidden dangers of disclosure, the competent department of confidentiality administration shall order it to make corrections within a time limit; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be investigated for responsibility according to law.

Article 35

If the purchaser fails to adopt the single-source procurement method without authorization according to the provisions, fails to organize procurement according to the procedures stipulated in these Measures, maliciously colludes with suppliers or centralized procurement institutions in the procurement process, accepts bribes or obtains other illegitimate interests, the financial department shall order it to make corrections within a time limit; The directly responsible person in charge and other directly responsible personnel shall be punished by the administrative department or relevant authorities in accordance with the Supervision Law of People's Republic of China (PRC) and the Civil Service Law of People's Republic of China (PRC); Those suspected of committing a crime shall be transferred to judicial organs for handling.

Article 36

If the supplier fails to perform the responsibility of confidentiality management according to law and there are serious hidden dangers of leakage, the purchaser shall promptly terminate the procurement contract and urge the supplier to rectify; If the supplier still fails to meet the confidentiality requirements after rectification, the purchaser may terminate the contract according to law; If leaks are caused, the directly responsible person in charge and other directly responsible personnel shall be investigated for responsibility according to law.

Article 37

Suppliers provide false materials to win the bid, slander and crowd out other suppliers by improper means, maliciously collude with purchasers, other suppliers or centralized procurement institutions, pay bribes to purchasers and centralized procurement institutions or provide other improper benefits, negotiate with purchasers in the process of bidding and procurement, refuse to cooperate with relevant departments for supervision and inspection or provide false information, etc. , by the financial department shall be ordered to make corrections within a time limit, and recorded in the list of government procurement bad behavior classification; Those suspected of committing a crime shall be transferred to judicial organs for handling.

Thirty-eighth centralized procurement agencies, bid evaluation (negotiation, consultation, inquiry) team members violate the relevant provisions of confidentiality management, resulting in leaks, the directly responsible person in charge and other directly responsible personnel shall be investigated for responsibility according to law.

Article 39

Centralized procurement institutions and their staff maliciously collude with suppliers or purchasers in the procurement process, accept bribes or obtain other illegitimate interests, members of the bid evaluation (negotiation, consultation and inquiry) team fail to conduct independent bid evaluation according to the bid evaluation procedures, methods and standards stipulated in the procurement documents, or disclose the bid evaluation documents and evaluation information, and members of the bid evaluation (negotiation, consultation and inquiry) team accept bribes from the purchasers, centralized procurement institutions or suppliers or obtain other illegitimate interests. Those suspected of committing a crime shall be transferred to judicial organs for handling.

Article 40

If the staff of financial and secrecy administrative departments at all levels abuse their powers, neglect their duties, engage in malpractices for selfish ends and other illegal acts in the supervision and management of classified government procurement projects, they shall be investigated for corresponding responsibilities in accordance with the People's Republic of China (PRC) Supervision Law, the People's Republic of China (PRC) Civil Service Law and other relevant national laws; Those suspected of committing a crime shall be transferred to judicial organs for handling.

Chapter VI Supplementary Provisions

Article 41 The Ministry of Finance and the State Secrecy Bureau shall be responsible for the interpretation of these Measures.

Forty-second other secret-related units to carry out security management involving state secret procurement activities, with reference to these measures.

Article 43 The financial department and the secrecy administrative department of the provincial people's government may, in accordance with the provisions of these Measures, formulate specific implementation measures.

Article 44 These Measures shall come into force as of September 1 day, 2065.