Government procurement measures to promote the management of small and medium-sized enterprises

The Measures for the Administration of Government Procurement Promoting the Development of Small and Medium-sized Enterprises aims to give full play to the policy function of government procurement and promote the healthy development of small and medium-sized enterprises; The Ministry of Finance and the Ministry of Industry and Information Technology jointly issued 25 articles on June 5438+February 18, 2020, which will take effect on June 20021.

The standard of support is changed from "double small" to "single small";

Compared with document 18 1, the biggest change in document 46 is that the support standard of government procurement for small and medium-sized enterprises has changed from "double small" to "single small".

According to the document 18 1, the standard for government procurement to support small and medium-sized enterprises is that enterprises participating in government procurement must meet two points: first, small and medium-sized enterprises; The second is to provide goods manufactured by the enterprise, undertake projects or services, or provide goods manufactured by other small and medium-sized enterprises. This is the so-called "double small".

The second article of Circular 46 defines SMEs, and the fourth article clarifies the situation that suppliers enjoy SME support policies. That is, in government procurement activities, if the goods, projects or services provided by suppliers meet the following circumstances, they will enjoy the SME support policies stipulated in these Measures: First, in goods procurement projects, the goods are manufactured by SMEs, that is, the goods are produced by SMEs and use their trade names or registered trademarks, except that the goods provided by suppliers are manufactured by both SMEs and large enterprises. Second, in the project procurement project, the project is undertaken by small and medium-sized enterprises, that is, the project construction unit is small and medium-sized enterprises. Thirdly, in the service procurement project, the service is undertaken by small and medium-sized enterprises, that is, the service providers are employees of small and medium-sized enterprises who have entered into labor contracts in accordance with the Labor Contract Law of People's Republic of China (PRC). According to Circular 46, as long as it meets the "single small" standard, if all the goods provided by large and medium-sized enterprises are produced by small and micro enterprises, they can enjoy the preferential policy of price evaluation.

However, it is worth noting that there is one exception. The supplier is the same person as the person in charge of a large enterprise, or has a direct holding or management relationship with a large enterprise, which does not belong to the small and medium-sized enterprises mentioned in Document No.46.

Legal basis:

Measures for the Administration of Government Procurement to Promote the Development of Small and Medium-sized Enterprises

Article 2 The term "small and medium-sized enterprises" as mentioned in these Measures refers to medium-sized enterprises, small enterprises and micro-enterprises established in People's Republic of China (PRC) according to the criteria for the classification of small and medium-sized enterprises approved by the State Council, except that the person in charge of a large enterprise is the same person or has a direct holding and management relationship with the large enterprise. Individual industrial and commercial households that meet the criteria for dividing small and medium-sized enterprises are regarded as small and medium-sized enterprises in government procurement activities.

Article 3 In the government procurement activities, the purchaser shall strengthen the management of procurement demand, implement measures such as reserving procurement share, preferential price evaluation and giving priority to procurement, so as to increase the share of small and medium-sized enterprises in government procurement and support their development.

Article 4 In the government procurement activities, if the goods, projects or services provided by suppliers meet the following circumstances, they shall enjoy the SME support policies stipulated in these Measures:

(a) in the procurement of goods, the goods are manufactured by small and medium-sized enterprises, that is, the goods are produced by small and medium-sized enterprises and use the trade name or registered trademark of the small and medium-sized enterprises;

(two) in the project procurement project, the project is undertaken by small and medium-sized enterprises, that is, the project construction unit is small and medium-sized enterprises;

(3) In the service procurement project, the service is undertaken by small and medium-sized enterprises, that is, the service providers are employees of small and medium-sized enterprises who have signed labor contracts in accordance with the Labor Contract Law of People's Republic of China (PRC). In the procurement of goods, if the goods provided by suppliers are made by small and medium-sized enterprises and large enterprises at the same time, they will not enjoy the SME support policies stipulated in these Measures. Participate in government procurement activities in the form of a consortium. If all parties in the consortium are small and medium-sized enterprises, the consortium is regarded as a small and medium-sized enterprise. Among them, if all parties in the consortium are small and micro enterprises, the consortium shall be regarded as small and micro enterprises.