Notice of Hunan Provincial Department of Finance on Further Standardizing Government Procurement
Hunan Provincial Department of Financepiece
Xiang Cai Gou [2015] No.5
Hunan Provincial Department of Finance on Further Standardization
Notice of government procurement work
Provincial budget units:
The Regulations on the Implementation of the Government Procurement Law of People’s Republic of China (PRC) (hereinafter referred to as the Regulations) came into force on March 1, 2015. forFurther standardize the government procurement work, improve the efficiency of government procurement, and build a standardized and transparent government procurement mechanism with fair competition, proper supervision and strict accountability.The relevant matters concerning the standardization of government procurement of provincial budget units (hereinafter referred to as purchasers) are hereby clarified as follows, please follow them.
First, clear responsibilities and establish an effective internal control mechanism for government procurement.
1, the implementation should be exhausted.The purchaser’s use of fiscal funds (that is, funds included in budget management) to purchase goods, projects and services within the centralized procurement catalogue or above the procurement limit standard should be included in government procurement. Borrowing funds with fiscal funds as the source of repayment are regarded as fiscal funds; If the procurement project uses both financial funds and non-financial funds, the part purchased with financial funds is applicable to government procurement; Where fiscal funds and non-fiscal funds cannot be purchased separately, government procurement shall be uniformly applied.
Should the project of government procurement be implemented without government procurement according to law, the Provincial Department of Finance shall not go through the government procurement procedures, and shall not pay the procurement funds, and shall be investigated for the legal responsibility of the relevant units and responsible persons according to law. Procurement projects involving national security and secrets shall be identified by the Provincial State Secrecy Bureau, and the purchaser shall report to the Provincial Department of Finance for the record.
2. Purchase in strict accordance with the law.The purchaser should establish the concept of "legal duty must be, and the law cannot be authorized", carry out government procurement activities in strict accordance with the provisions of the Government Procurement Law and its implementing regulations and relevant rules and regulations, and implement the relevant duties of the procurement subject.
The purchaser shall, in accordance with the provisions of the government centralized procurement catalogue and procurement quota standards promulgated by the Provincial Department of Finance, implement centralized procurement and decentralized procurement according to law. For the procurement projects within the centralized government procurement catalogue, if the system of agreed supply, fixed-point service, online bidding, electronic mall or batch centralized procurement is not implemented, and the single purchase amount does not exceed 50,000 yuan, and the annual cumulative amount does not exceed 200,000 yuan, the purchaser can organize the procurement by himself.
3. Establish internal control mechanism.The purchaser should follow the principle of "exercising power in different cases and establishing power in different posts".Clear procurement, finance, business related departments in government procurement activitiesJob responsibilities, set up incompatible posts such as demand confirmation, organization review and contract acceptance, and strengthen internal process control of government procurement. The purchaser shall strengthen the demand research, and the demand of the procurement project shall be confirmed by the purchaser in writing. The purchaser’s representative shall be authorized in writing by the unit to participate in the evaluation activities, and legal documents such as procurement documents, contracts and questions and answers shall be made after the legality audit in the unit.
4、Establish a dispute handling mechanism.The purchaser should seriously deal with,appropriateHandle supplier inquiries,Questioning and reporting cases, establishingPrevention and communication mechanism to resolve disputes according to law and avoid escalation of disputes; When dealing with procurement disputes, the purchaser should seek the opinions of the legal institution of the unit or the entrusted lawyer. If the procurement agency is entrusted to answer questions, it must be confirmed in writing before the reply is issued.
5. Strengthen file management.The purchaser and the procurement agency shall properly keep the procurement documents of each procurement activity. After the procurement activities are completed, the procurement agency shall hand over the procurement documents to the purchaser for archiving. Procurement documents can be saved in the form of electronic files.
Two, standardize the operation, establish a transparent and efficient government procurement mechanism.
6. Strengthen budget management.The purchaser shall, in accordance with the requirements of "all the staff should be compiled", compile the government procurement budget of the procurement project in the current year in the departmental budget, confirm the source of funds for the procurement project, clarify the procurement demand, and refine the procurement items to the last level of the Catalogue of Government Procurement Items. For the procurement projects included in the government procurement budget at the beginning of the year, the purchaser shall strictly follow the approved government procurement budget and be responsible for the implementation results according to law.
If the purchaser adds new government procurement projects, changes or adjusts the procurement items, procurement quantity and budget amount of the approved government procurement projects, it shall correspondingly add and adjust the government procurement budget within the total budget expenditure of the approved department, and shall fill in the Adjustment Form for the Implementation of Government Procurement Budget (Annex 1) and submit it to the Provincial Department of Finance for examination and approval before implementation. Involving future annual departmental budget funding arrangements or the use of fiscal funds for repayment of borrowing funds procurement projects, it is necessary to obtain the consent of the budget management offices of the relevant departments of the Provincial Department of Finance, and implement the funding sources before filing the government procurement implementation plan.
The unused government procurement budget and departmental budget at the end of the year are carried forward synchronously, and the approved government procurement budget will be cancelled if the budget indicators are recovered; If the budget indicators are agreed to be carried forward, the purchaser shall implement it according to the government procurement budget issued after the carry-forward, and apply the centralized government procurement catalogue and procurement quota standard and open tender amount standard in the new budget year.
7. Strict planning and management.The purchaser shall prepare the government procurement implementation plan according to the approved government procurement budget and approved fund plan (see Annex 2 for the format), and report it to the Provincial Department of Finance for the record and obtain the plan number. The procurement items, quantity, budget amount and other contents of the government procurement implementation plan should be consistent with the approved government procurement budget and fund plan. The purchaser’s filing of engineering (Class B) projects shall also be in accordance with the "Implementation Measures for the Evaluation and Management of Financial Investment in Hunan Province"(Xiang Cai Ban [2011] No.16)Conduct financial investment review, and determine the budget amount of the procurement project implementation plan according to the conclusion of the financial investment review.
The purchaser’s adjustment of the implementation plan should be re-filed in time, and the budget adjustment and approval procedures should be performed first if it involves the adjustment of the government procurement budget.
8. Strict examination and approval management.Government procurement projects that meet the standard of public bidding amount need to adopt procurement methods other than public bidding, and purchase imported products, should be submitted to the Provincial Department of Finance for examination and approval in writing before the preparation of the government procurement implementation plan. The Provincial Department of Finance implements the time-limited settlement: from the date of receiving the application, it will give a written reply within 10 working days; If the material does not meet the requirements, it shall be revised and supplemented within 3 working days.
If the government procurement project intends to adopt the bidding procurement method, the purchaser shall specify the bid evaluation method in the procurement implementation plan; The lowest bid evaluation method should be adopted for goods and services with uniform standards such as technology and services; If the comprehensive scoring method is adopted, the score setting in the evaluation criteria should correspond to the quantitative indicators of the evaluation factors. If the government procurement project intends to adopt the non-tendering procurement method, the purchaser shall clearly invite suppliers in the procurement implementation plan.
9. Standardize agency behavior.The projects in the centralized procurement catalogue should be entrusted to the government procurement center of Hunan provincial organs to organize procurement; The project purchaser outside the catalogue may entrust a procurement agency to purchase, or organize the procurement by itself. Entrust a procurement agency, should comprehensively consider the client’s professional ability, management level and fees, and choose the best. The purchaser shall organize the procurement activities by himself, and shall not charge the supplier for the cost of procurement documents.
When the purchaser entrusts a procurement agency, it shall sign an agency agreement (for the format, see the Detailed Rules for the Implementation of the Measures for the Administration of Non-tendering Procurement by Hunan Provincial Government) to clarify the entrusted matters and the rights and responsibilities of both parties. The legal responsibilities of the purchaser, such as confirming the procurement documents, recommending suppliers, confirming the evaluation report, and confirming the successful bidder (transaction), shall not be entrusted to the procurement agency.
If a procurement agency collects agency service fees from the successful bidder (clinch a deal), it shall clearly inform the supplier of the limit and collection method of agency service fees in the tender (supplier invitation) announcement and project procurement documents.
10. Standardize expert extraction.In addition to the provisions of the Ministry of Finance, the evaluation experts should be drawn from the government procurement expert database. The purchaser and the procurement agency shall submit the extraction application online 3 working days in advance, and the system will randomly extract it within 24 hours before the evaluation and notify the evaluation experts. The evaluation of bidding documents, the demonstration of imported products and the demonstration of single-source procurement need not be drawn from the expert database of government procurement.
11. Relax access conditions.The purchaser and procurement agency shall clearly define the basic qualifications of suppliers participating in government procurement in strict accordance with paragraph 1 of Article 22 of the Government Procurement Law and paragraph 1 of Article 17 of the Regulations. Only the conditions mandated by laws and regulations or set for realizing the functions of government procurement policies can be regarded as specific qualification conditions. The purchaser and the procurement agency shall not require the supplier to provide certification materials other than the basic qualifications and specific qualifications for any reason. The registered capital, total assets, operating income, employees, profits, tax payment and authorization of manufacturers shall not be set as supplier qualification conditions, and small and medium-sized enterprises shall not be hindered or restricted from freely entering the government procurement market in their own regions and industries.
12, standardize the project review.In addition to the qualification examination identified errors, score summary calculation errors, sub-item scores beyond the scope of scoring standards, objective scores are inconsistent, and the evaluation committee unanimously identified the scores as abnormally high and abnormally low, the purchaser and procurement agency shall not organize re-evaluation. Under the above circumstances, if the result of winning the bid (clinch a deal) is changed after the purchaser reorganizes the review, or if the result of winning the bid (clinch a deal) is changed due to the query reply, the purchaser shall timely report the relevant information to the Provincial Department of Finance for the record, and inform the suppliers involved in the procurement activities and announce the reasons.
13. Implement policy functions.The purchaser shall implement the relevant policy functions of government procurement in the process of government procurement budget preparation and project review. The compulsory procurement items in the List of Government Procurement of Energy-saving Products shall be subject to government compulsory procurement; The products of prison enterprises and welfare enterprises can be given targeted support by setting specific qualifications; Non-mandatory procurement items in the List of Government Procurement of Energy-saving Products, products in the List of Government Procurement of Environmental Labeling Products, products listed in the Catalogue of Government Procurement of Two-type Products in Hunan Province and products of small and medium-sized enterprises shall be subject to preferential evaluation measures such as price deduction and extra points in bid evaluation in accordance with relevant policies and regulations. At the same time, for energy saving, environmental labeling and two-type products, the supplier shall choose one of them to enjoy the preferential evaluation; Only those who meet the national policy of promoting the development of small and medium-sized enterprises can enjoy the preferential review again. Only part of the products in the same project belong to the scope of preferential policies for evaluation, and only this part of the products will be given preferential treatment during evaluation.
14. Standardize the agreed supply and fixed-point procurement.Except that the designated intermediary service for official travel abroad (border) is changed to the designated official air ticket, the agreed supply and designated procurement of provincial units will continue to be implemented until June 2016.It ends on the 30th of June. When the purchaser selects the short-listed supplier or the short-listed supplier with the lowest quotation according to the regulations, it shall announce the closing result and contract within 2 working days from the date of closing, and put the contract on record within 7 working days from the date of signing the contract. The scattered fixed-point procurement with a cumulative amount of no more than 50,000 yuan can be announced and put on record after being merged regularly. The purchaser can organize the bidding of the shortlisted suppliers by himself, or entrust the government procurement center of the provincial government of Hunan Province to organize it.
Third, strengthen supervision and establish a strict accountability supervision mechanism for government procurement
15. Promote information disclosure.The purchaser and procurement agency shall, within 2 working days from the date of determining the supplier who won the bid (clinch a deal), announce the result of winning the bid (clinch a deal) and the tender documents, competitive negotiation documents or inquiry notice on the Hunan government procurement website, and the announcement period shall not be less than 3 working days; Within 2 working days from the date of signing the government procurement contract, the government procurement contract will be announced on the Hunan government procurement website, except for the contents involving state secrets and commercial secrets. If the purchaser entrusts an agency to issue an announcement, it shall review the contents of the announcement and bear corresponding responsibilities.
The contents of the announcement of the winning bid (transaction) results shall include:
(1) the name, address and contact information of the purchaser and the procurement agency, the project name and project number, the name and address of the supplier who won the bid (clinch a deal) and the bid (clinch a deal) amount;
(2) For goods procurement projects, the name, specifications, brand, manufacturer, quantity, unit price and service requirements of the goods shall be announced; For service procurement projects, the service list, service content and staffing list shall be published; For engineering procurement projects, the bill of quantities, material quantity and unit price, labor cost, etc. shall be published;
(3) List of suppliers participating in procurement activities, quotation, rating and qualification, compliance review and list of review experts. If the supplier is recommended in writing to participate in procurement activities, the recommendation opinions of the purchaser and evaluation experts shall also be announced.
The publicity of single-source procurement that meets the standard of public bidding amount, and the announcements of goods and services procurement projects with more than 10 million yuan (including: bidding announcement, pre-qualification announcement, competitive negotiation, invitation of inquiry procurement suppliers, announcement of bid winning and transaction results, announcement of procurement contract, etc.) shall be released simultaneously on Hunan Provincial Government Procurement Network (www.ccgp-hunan.gov.cn) and Red Net Government Procurement Channel (zfcg.rednet.cn).
The purchaser shall complete the contract filing within 7 working days from the date of signing the procurement contract, and the original method of signing the electronic contract online shall be stopped.
For government procurement construction projects and goods and services procurement projects related to the project construction to which the tendering and bidding law is applicable, the purchaser shall issue tender announcements, pre-qualification announcements and publicity of successful candidates in accordance with the regulations for the implementation of the tendering and bidding law, and provide links to relevant information for simultaneous reprinting on Hunan government procurement network. The purchaser shall, in accordance with the provisions of this notice, publish the winning contract online and put it on record.
16. Strengthen daily supervision.The Provincial Department of Finance will strengthen the supervision and inspection of government procurement activities of purchasers and procurement agencies according to law. Specific methods include: organizing special inspections, regularly sampling the bid-winning (clinched) projects, and irregularly checking the procurement activities of purchasers and agencies. The competent budget unit of the purchaser shall strengthen the guidance of the government procurement work in this system and perform the corresponding supervisory duties.
17. Build a credit system.The Provincial Department of Finance further refines relevant measures and formulates government procurement agencies and evaluation experts.andSupplier credit record standard; The establishment of bad behavior record management and publicity system, the illegal agency, evaluation experts.And suppliers, included in the list of bad behavior records, and to the public.
18, strict accountability.For violations of laws and regulations found in supervision and inspection, the Provincial Department of Finance will promptly handle and report them according to law, and urge rectification; For serious illegal acts and dishonesty in government procurement activities, the Provincial Department of Finance will jointly implement joint punishment with relevant departments according to law.
This notice shall be implemented as of the date of promulgation. The Hunan Provincial Government Procurement Work Standard (Xiangcai Purchase [2012No.14), "Detailed Rules for the Implementation of the Measures for the Administration of Non-tendering Procurement of Hunan Provincial Government Procurement" (Xiangcai Purchase [2014] No.15) and other documents that are inconsistent with the "Regulations" and the provisions of this notice shall be suspended.
Attachment: 1. Adjustment Table of Government Procurement Budget Implementation
2, the government procurement implementation plan for the record table
Hunan Provincial Department of Finance
July 10th, 2015