Notice of the Shandong Provincial Department of Finance on Issuing the "Shandong Provincial Government Procurement Performance Acceptance Management Measures"

Shandong Provincial Department of Finance

Notice on Issuing the "Shandong Provincial Government Procurement Performance Acceptance Management Measures"

Lu caicai [202 1] No.25

Municipal Finance Bureau, provincial departments and units, government procurement agencies:

In order to effectively protect the main position of the purchaser, compact the main responsibility, further strengthen the role of performance acceptance, and promote the realization of high-quality and high-price procurement, according to the provisions of relevant laws and regulations, we have formulated the "Administrative Measures for Performance Acceptance of Government Procurement in Shandong Province", which is hereby issued. Please combine the actual situation and conscientiously implement it.

Shandong Provincial Department of Finance

202 1 12 3 1

Measures of Shandong Province for the Administration of Government Procurement Performance Acceptance

Chapter I General Principles

Article 1 In order to further standardize the management of performance acceptance, ensure the quality and service level of government procurement, safeguard the legitimate rights and interests of the parties involved in government procurement, and achieve the procurement goal of value for money, these Measures are formulated in accordance with the People's Republic of China (PRC) Government Procurement Law and its implementing regulations, the People's Republic of China (PRC) Civil Code and other laws and regulations, combined with the actual situation in our province.

Article 2 These Measures shall apply to the performance acceptance management of state organs, institutions and organizations at all levels in Shandong Province (hereinafter referred to as "purchasers") using fiscal funds to purchase goods, projects and services in the centralized government procurement catalogue or above the quota standard.

Article 3 The performance acceptance management of government procurement projects stipulated in the Bidding Law of People's Republic of China (PRC) and its implementing regulations shall be implemented in accordance with relevant laws, regulations and provisions.

Article 4 The term "performance acceptance" as mentioned in these Measures refers to the activities of the purchaser to inspect, verify and evaluate the performance of the government procurement contract by the successful supplier (hereinafter referred to as "supplier") to confirm whether the goods, services or projects provided by it meet the standards and requirements agreed in the government procurement contract.

Chapter II Relevant Subjects and Responsibilities of Performance Acceptance

Article 5 The performance acceptance of government procurement shall follow the principles of comprehensiveness, completeness, objectivity, truthfulness, openness and transparency, and adhere to the principles that the performance must be checked, the acceptance must be strict, and the breach must be investigated.

Article 6 The purchaser is responsible for the performance acceptance of government procurement projects (hereinafter referred to as project acceptance). The purchaser shall strengthen the internal control management, clarify the acceptance mechanism, fulfill the acceptance responsibility, confirm the acceptance conclusion, deal with the problems found in the project acceptance in time, and report the supplier's breach of contract and dishonesty to the financial department at the same level.

Article 7 The purchaser may entrust a procurement agency to organize the project acceptance for projects with complex technology and strong professionalism or whose performance acceptance ability cannot meet the needs of the work. Entrusting matters shall be stipulated in the entrustment agreement, but the main responsibility of the purchaser for project acceptance shall not be transferred or exempted due to entrustment.

Article 8 A procurement agency shall, within the scope of the principal-agent agreement, assist the purchaser in organizing the project acceptance, coordinate and solve the problems arising in the project acceptance, and report the abnormal performance of suppliers, breach of contract and dishonesty to the purchaser in a timely manner. If it is found that the purchaser is in breach of contract or breach of trust, it shall remind the purchaser to correct it, and if it refuses to correct it, it shall report in writing to the financial department at the same level.

Article 9 A supplier shall cooperate with the purchaser and the procurement agency in project acceptance, and provide information on production, technology, service, quantity, quality and safety related to project acceptance.

Article 10 The financial departments of people's governments at all levels shall perform their duties of supervision and management of government procurement performance acceptance activities according to law, establish and improve the performance acceptance supervision system, supervise purchasers to strictly perform acceptance obligations, conduct special inspections in time, and investigate and deal with illegal acts according to law.

Chapter III Acceptance Procedures for Performance

Article 11 When the performance of the contract meets the acceptance conditions, the seller shall issue a project acceptance proposal to the buyer. The buyer shall start the project acceptance within 7 working days from the date of receiving the acceptance proposal and notify the seller (see Annex 1 for the format). For government procurement projects with complex technology, strong professionalism, great people's livelihood and large amount, the preparation time for acceptance can be appropriately extended.

Article 12 A purchaser shall set up a government procurement project acceptance team (hereinafter referred to as the "acceptance team") to be responsible for the specific work of project acceptance, issue acceptance opinions and be responsible for the acceptance opinions.

The acceptance team shall be composed of at least three people, including professional and technical personnel familiar with the project requirements and objectives and personnel from the user department, and a person in charge shall be determined. Among them, there are at least 1 specific users; Professional and technical personnel shall be selected by the purchaser, who may designate or invite other units in the same field or third-party professional institutions. You can also invite other suppliers involved in the project to participate in the acceptance, and avoid the evaluation experts who participated in the project evaluation in the early stage.

Article 13 The acceptance team shall earnestly perform the duties of project acceptance, carry out acceptance according to the acceptance plan, and ensure that the project acceptance opinions objectively and truly reflect the performance of the contract.

(a) to formulate the acceptance plan. The purchaser shall stipulate the performance acceptance plan in the government procurement contract. The performance acceptance plan is formulated according to the project acceptance list and standards, the technical and commercial requirements of the project in the bidding (procurement) documents, the supplier's bidding (response) commitments and the requirements clearly agreed in the contract.

(two) the implementation of acceptance. The inspection team shall inspect the goods, projects or services provided by suppliers one by one according to the performance inspection plan, bidding (procurement) documents, bidding (response) documents, sealed samples and government procurement contracts, and make inspection records.

(3) Issuing acceptance opinions. The acceptance team shall make a conclusion in written form, which shall be signed by the members of the acceptance team and signed and sealed by the authorized representative of the supplier, and then submitted to the purchaser. In the case of subsection, sub-section or phased acceptance (hereinafter referred to as "subsection acceptance"), subsection acceptance shall be carried out according to the procurement contract and the characteristics of the project, and opinions on subsection acceptance shall be issued. If other suppliers involved in this project are invited to participate in the acceptance, their opinions will be used as acceptance reference.

Fourteenth project acceptance should be a complete and specific substantive acceptance.

(a) The acceptance scope of the project shall be complete, including the performance of various technical and commercial requirements, and shall not be omitted, omitted or omitted, nor shall the scope be expanded without authorization.

(two) the content of project acceptance should be specific, forming a detailed acceptance list, objectively reflecting the supply of goods, engineering construction and service completion. Goods items should include factory inspection, arrival inspection, installation and commissioning inspection and supporting service inspection and other acceptance links. The project should include construction contents, materials, technology, technology, quality and safety, etc. Service items should include the coverage of service objects, the satisfaction of service items, the degree and stability of service commitment, etc.

(3) The project acceptance method shall conform to the engineering characteristics. For the projects that can not reflect the performance through one-time overall acceptance, adopt the method of sectional acceptance, scientifically set up sectional nodes, formulate acceptance schemes, and implement acceptance respectively.

(four) the project acceptance criteria should include all objective and quantitative indicators. If the objective standard is not clear and involves subjective judgment, it can be transformed into an objective quantitative acceptance standard by conducting a questionnaire survey among buyers and users.

(five) the project acceptance opinions should be objective and true. Government procurement projects related to the national economy and people's livelihood, involving a large amount of money or complicated technology shall invite nationally recognized quality inspection institutions, evaluation institutions or industry departments to participate, issue professional inspection reports or clear evaluation opinions, and affix the official seal as an annex to the acceptance opinions. When the members of the inspection team disagree, the inspection opinions shall be put forward according to the principle that the minority is subordinate to the majority. If there is any objection to the acceptance opinion, it shall sign different opinions on the acceptance opinion and explain the reasons, otherwise it shall be regarded as agreeing with the acceptance opinion.

(six) the public services provided by the government to the society shall invite the clients to participate in the acceptance and issue written opinions or relevant opinions, which shall be recorded and confirmed by the acceptance team.

Article 15 If the project acceptance results are inconsistent with the contents agreed in the procurement contract, the acceptance team will confirm that the goods, projects and services provided by the supplier have improved their use functions and standards compared with the contents agreed in the contract, or they are technically upgraded products, which can be accepted without affecting or reducing the operation quality and functions of the whole project and increasing the contract amount, and indicate them in the acceptance report.

Article 16 The purchaser shall confirm the acceptance opinions issued by the acceptance team and form a project acceptance letter (see Annex 2 for the format). If the acceptance is confirmed, the purchaser shall sign the acceptance opinions and affix the official seal of the unit; If the acceptance result is inconsistent with the procurement contract, the purchaser shall study and determine the acceptance opinion and affix the official seal according to the specific deviation content and disposal suggestions specified in the acceptance opinion; If there are other opinions of the members of the acceptance team in the acceptance opinions, the purchaser shall review the objections and properly handle them.

If the supplier disagrees with the acceptance opinion and refuses to sign and seal it, it will be deemed as not having passed the acceptance, and the purchaser shall replace professional and technical personnel or invite relevant industry authorities to participate in and reorganize the acceptance.

Article 17 For projects with small amount or simple technology, such as online shopping malls, the above-mentioned acceptance process can be appropriately simplified. The purchaser will designate the staff of the unit familiar with the project requirements and objectives to accept the technology, service and safety standards agreed in the contract, and put forward the project acceptance opinions, which will be confirmed by the purchaser.

Article 18 Except for confidential information, the purchaser shall publicize the acceptance opinions on the "China Shandong Government Procurement Network" within 3 working days after the acceptance opinions are determined, and the publicity period shall not be less than 3 working days.

For public services provided to the public, the purchaser shall also disclose the acceptance results on the relevant service platforms.

Nineteenth in the process of project acceptance, if the supplier refuses to accept the acceptance opinions, it shall be settled in the way agreed in the procurement contract; If there is no agreement in the contract, it shall be handled in accordance with the relevant provisions of the Civil Code of People's Republic of China (PRC).

Twentieth of the project acceptance inspection fees, labor remuneration and other expenses, there are provisions in the procurement contract, in accordance with the agreement; If there is no agreement, it shall be borne by the buyer. If a procurement agency is entrusted to organize the project acceptance, the entrustment fee shall be stipulated in the entrustment agreement. The expenses of professional and technical personnel in the members of the inspection team can be implemented with reference to the "Shandong Provincial Government Procurement Review Labor Remuneration Standard" or other industry standards; The staff of the purchaser's unit shall not receive remuneration for labor services.

Twenty-first centralized procurement institutions shall establish a performance evaluation mechanism for the procurement activities organized by centralized procurement institutions, and organize centralized review or spot check of suppliers' performance according to work needs.

Article 22 After the project acceptance, the purchaser shall properly keep the list of acceptance groups, acceptance plans, original acceptance records and acceptance results as the procurement project files, and shall not forge, fabricate, conceal or illegally destroy them. The storage period of acceptance materials shall be at least 65,438+05 years, counting from the date of the end of procurement.

Twenty-third project acceptance should be regarded as a necessary condition for the payment of financial funds for government procurement projects. If the acceptance is unqualified, the purchaser shall terminate the payment of funds and bring legal proceedings to the supplier according to the government procurement contract. For projects involving installment payment, there should be an installment acceptance report that conforms to the contract.

Chapter IV Supervision and Inspection

Article 24 A purchaser shall conduct a performance risk review. It mainly examines whether the contract text has been approved by the legal adviser as required, whether the contract text is properly used, whether the rights and obligations are set around the procurement demand and contract performance, whether the intellectual property requirements are clear, whether the performance acceptance plan is complete, whether the standards are clear, and whether the risk disposal measures and alternatives are feasible.

Twenty-fifth members of the purchaser's performance risk review mechanism shall include the procurement, finance, business, supervision and other internal institutions of the department and the unit. The purchaser may, according to the actual situation of the unit, establish a working mechanism for relevant experts and third-party institutions to participate in the evaluation. Experts and third-party organizations involved in determining procurement requirements and preparing procurement implementation plans shall not participate in the review.

Twenty-sixth financial departments should strengthen the integrity management of buyers and suppliers. If the purchaser or supplier refuses to conclude a government procurement contract or refuses to perform it according to the contract, it shall be handled in accordance with relevant laws and regulations. Buyers and suppliers whose rights and interests are damaged may report to the finance department at the same level. After verification, the financial department will, in accordance with the relevant provisions of integrity management, include the purchasers and suppliers who violate the contract into the scope of disciplinary action for dishonesty.

Article 27 The financial department shall strengthen the supervision of the purchaser's performance acceptance, and include the following contents in the scope of supervision and inspection: whether to formulate the internal control management system for the performance acceptance of government procurement projects, whether to carry out the performance risk review, whether to fulfill the project acceptance responsibility, whether the project acceptance work is standardized, whether the acceptance party reports the problems found in the acceptance process in time and properly handles them, etc.

The financial department shall supervise the centralized procurement institutions to speed up the improvement of the performance acceptance and evaluation ability of centralized procurement projects, and incorporate the acceptance and evaluation of centralized procurement projects into the scope of supervision and evaluation of centralized procurement institutions.

Twenty-eighth buyers, procurement agencies and suppliers should fully cooperate with the supervision and inspection of the regulatory authorities and the performance evaluation of centralized procurement agencies.

Article 29 The purchaser, the procurement agency, the acceptance team and the supplier shall sign a confidentiality undertaking, and strictly keep the state secrets and business secrets known during the project acceptance.

Chapter V Integrity Management and Accountability

Thirtieth suppliers have the following acts, included in the record of dishonesty:

(1) Failing to perform the contractual obligations, and the circumstances are serious;

(2) Subcontracting government procurement contracts;

(3) Providing fake and inferior products;

(4) Altering, suspending or terminating the government procurement contract without authorization;

(five) in terms of quantity, quality, technology, service, safety, standards, functions, technology, etc. Does not conform to the provisions of the contract, causing great losses or influences to the purchaser;

(6) Refusing to correct the realization of the functions of the procurement project due to performance problems;

(seven) colluding with the staff of the purchaser or members of the inspection team to implement false performance inspection;

(eight) other damage to the public interest, the interests of the purchaser and the rights and interests of third parties, and the circumstances are serious;

(nine) other violations of laws, regulations and discipline.

Thirty-first buyers have the following acts, which are included in the record of dishonesty:

(1) Failing to fulfill its commitments and obligations and refusing to make corrections;

(two) failing to organize the project acceptance in accordance with the provisions;

(3) colluding with suppliers to implement false performance commitments;

(four) the performance acceptance mechanism is not perfect, and the responsibility is not implemented, resulting in significant economic losses or influences;

(five) found that the problem is not handled in time, resulting in greater economic losses or seriously affecting the credibility of the government;

(six) other violations of laws, regulations and discipline.

Thirty-second other project acceptance participants have the following acts, which are included in the record of dishonesty:

(a) members of the acceptance team accept bribes and other benefits from suppliers, which affects the conclusion of project acceptance;

(two) the procurement agency illegally interferes with the project acceptance, which affects the acceptance conclusion;

(3) The third party colludes with suppliers to provide false inspection reports, evaluation opinions and other relevant certificates, which affects the conclusion of project acceptance;

(four) other acts that affect the objective and fair results of project acceptance.

Article 33 If any breach of contract is found in the process of contract performance and project acceptance, the purchaser shall promptly investigate and collect evidence, and after confirmation, the relevant parties shall be investigated for breach of contract and breach of trust according to laws and regulations, and handed over to the relevant departments for investigation.

Thirty-fourth buyers, procurement agencies, members of the acceptance team, suppliers in the process of contract performance and project acceptance, in accordance with the "People's Republic of China (PRC) procurement law" and its implementation regulations and other relevant laws and regulations. If losses are caused to others, the corresponding losses shall be compensated; If it constitutes a crime, it shall be transferred to judicial organs for handling according to law. If it affects the public interest or the rights and interests of the purchaser, but there are no provisions in laws, regulations and departmental rules, the financial department will interview it, order it to make corrections, and record and announce it according to the provisions on integrity management.

Article 35 If any staff member of the financial department abuses his power, neglects his duty, engages in malpractices for selfish ends and other illegal acts in the contract performance acceptance supervision, he shall be investigated for corresponding responsibilities in accordance with the relevant provisions of the State such as the Civil Service Law of People's Republic of China (PRC), the Supervision Law of People's Republic of China (PRC), the Procurement Law of People's Republic of China (PRC) and the Implementation Regulations of the Procurement Law of People's Republic of China (PRC). Those suspected of committing a crime shall be transferred to judicial organs for handling.

Chapter VI Supplementary Provisions

Thirty-sixth approach by the Shandong Provincial Department of Finance is responsible for the interpretation of.

Article 37 These Measures shall come into force as of February 8, 2022 and shall be valid until February 7, 2025.

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