City finance bureaus, provincial departments and units, government procurement agencies, government procurement experts, suppliers:
The provincial party committee, the provincial government attaches great importance to the work of government procurement, special consideration and issuance of deepening the reform of the government procurement system work program, required to accelerate the establishment of a modern government procurement system. Departments at all levels to conscientiously implement the provincial party committee, the provincial government deployment, the full implementation of the relevant requirements of the deep reform work program, to bear the main responsibility, and actively take on the role of the government procurement and government purchasing services, and achieved significant results. However, from a practical point of view, some of the main participants still do not attach importance to the idea, the performance of duties is not in place, the operation is not standardized and other issues. In order to further regulate government procurement and government procurement services, consolidate the effectiveness of the reform, optimize the business environment, the relevant work is notified as follows, please conscientiously implement.
I. Compacting the main responsibility of the purchaser
(a) Strengthen the construction of internal control systems. Purchasers should establish and improve the internal control mechanism of government procurement, clear positions, duties and responsibilities, and strengthen the procurement requirements, policy functions, information disclosure, fulfillment and acceptance, response to questions and complaints, evaluation of the results of the internal control management, shall not be entrusted to the agency to circumvent the main responsibility. The competent budget unit shall strengthen the supervision and guidance on the construction and operation of the internal control system of the subordinate units.
(ii) standardize procurement source and result management. Purchasers should strengthen the procurement needs investigation, demonstration work, reasonable and lawful determination of procurement needs. Scientific preparation of procurement documents, shall not be tendentious or exclusive, to ensure adequate market competition. Strictly standardize the performance and acceptance, implement the responsibilities of both sides of the procurement, and hold the key link of quality control.
(c) Strictly implement the function of government procurement policy. Purchasers should actively take measures such as reserved share, mandatory procurement, preferential procurement and other measures to implement the policy objectives of supporting green procurement, small and medium-sized enterprise development. Strictly implement the provincial party committee, the provincial government to optimize the business environment related requirements, government procurement reserved for small and medium-sized enterprises to increase the proportion of the share to 45%, non-reserved share of the procurement of packages to give small and micro-enterprises price deduction of 10% (5% of the project) top preferential. To strictly control the imported products procurement audit, the relevant project procurement shall not exclude domestic similar products to participate in the competition.
(d) make full use of procurement autonomy. Procurement of classified projects, scientific research instruments and equipment carried out by the purchaser's own organization, in accordance with the relevant provisions of government procurement organization and implementation. For technically complex, specialized procurement projects, the purchaser may select their own professionals who meet the requirements according to the actual project. Encourage the recommendation of business excellence, high quality professionals to join the government procurement evaluation expert pool.
(E) strict information release audit. Purchasers should strengthen the information release content review, there shall be no errors, omissions, aliases, heavy and other misinformation, and effectively improve the quality of information release. To strictly abide by the discipline of confidentiality, strictly prohibit the release of classified, sensitive information, strictly prohibit the disclosure of personal privacy, the need to disclose personal information shall not contain identity card numbers, cell phone numbers, bank accounts and other content.
Two, strengthen the agency practice norms
(F) in accordance with the law to undertake agency business. Agencies should work in accordance with the statutory duties, and the purchaser signed a commissioning agreement in accordance with the law, a clear agent of the scope of procurement, authority and duration and other matters, in strict accordance with the commissioning agreement to carry out procurement activities, shall not exceed the authority of the agent. Encourage centralized purchasing agencies to actively undertake different levels, different regions of the purchaser's agency business, to strengthen the general category of project procurement needs research, expand the scale of centralized purchasing advantages.
(VII) standardize the agency procurement projects. Agencies may, in accordance with the entrusted agency agreement, to assist the purchaser to scientifically demonstrate the procurement needs, and in accordance with the procurement needs of the precise preparation of procurement documents, shall not be copied or reproduced. Strict implementation of the evaluation expert recusal system, shall not expand the scope of the evaluation expert recusal without authorization.
(viii) Strict on-site organization and management. Agencies should be equipped with relevant equipment for the entire audio-visual recording, to ensure that the site audio and video information is complete and clear, and will be properly stored as a procurement file. Strictly in accordance with the provisions of the organization evaluation, maintenance of order at the evaluation site, strictly prohibited to the evaluation of experts to make tendentious, misleading interpretations or explanations, such as the discovery of violations should be promptly reminded, stopped and recorded, and at the same time reported to the same level of the financial sector.
(ix) respond to queries and challenges in accordance with the law. Agency received supplier inquiries or challenges, should be authorized in accordance with the commission to respond within the statutory time, to safeguard the legitimate rights and interests of suppliers, to avoid legal risks. In addition to the statutory circumstances, shall not be reevaluated in violation of the law and change the evaluation results.
(J) accurate release of procurement information. Agencies to ensure that the release of procurement information is complete and accurate, strictly prohibit the release of information involving state secrets, working secrets, commercial secrets, personal privacy, etc., there shall be no misspellings, invalid links and other content. The release of information will be included in the regulatory assessment of the agency.
Three, standardize the management of government procurement experts
(k) accelerate the transformation of expert functions. Give full play to the expert professional consulting role, and gradually realize the project evaluation from the provision of professional advice to the functional transformation. Purchasers may invite experts to participate in the formulation of demand standards, technical solutions and procurement implementation programs, and participate in the performance evaluation of project quality and service capacity, giving full play to the professional support role of experts.
(xii) Strengthen the professional conduct of experts. Government procurement experts should strengthen the follow-up study of government procurement laws and regulations, and constantly improve professional ethics. Strictly abide by the discipline of government procurement evaluation, shall not establish or join the social media group with government procurement experts as the main body; shall not ask the purchaser, the agent for evaluation of the labor compensation standards other than the cost; shall not accept the purchaser, the agent, the supplier bribe, strictly prohibit the use of evaluation expert status to seek all kinds of undue benefits.
(xiii) serious evaluation discipline. Evaluation experts should strictly implement the avoidance, commitment and confidentiality system, is strictly prohibited to disclose information related to the evaluation of the project. They shall not express tendentious opinions or solicit tendentious opinions from the purchaser or agent, accept clarifications or explanations from suppliers that go beyond the scope of the procurement documents or change the substantive content of the procurement documents, negotiate scores for subjective evaluation factors that require professional judgment, and refuse to sign the evaluation report without justifiable reasons.
(xiv) strictly deal with illegal and undisciplined behavior. Improve the evaluation expert management service mechanism, the establishment of the evaluation of experts in breach of trust red and yellow card system, a clear bright specific circumstances and treatment and punishment provisions. For experts in breach of trust, depending on the severity of the circumstances to suspend the extraction or dismissal of treatment, suspected of committing a crime shall be transferred to the judicial organs.
Four, safeguard the legitimate rights and interests of suppliers
(xv) the implementation of proof of matters informed commitment system. The implementation of suppliers to pay taxes and social security funds and other proof of commitment system, no longer require suppliers to provide relevant supporting materials, with a written commitment to participate in government procurement activities.
(xvi) increase the supervision of malicious collusion. Further improve the electronic trading system, in conjunction with the relevant functional departments to use information technology means to increase the malicious collusion early warning and investigation. The existence of malicious collusion constitutes a crime, according to the law to investigate criminal responsibility.
(xvii) crack down on supplier fraud. To fabricate facts, provide false materials or illegal means to obtain supporting materials to participate in government procurement activities, included in the record of bad behavior, within one to three years prohibited from participating in government procurement activities. The discovery of suppliers suspected of extortion and blackmail behavior, according to the relevant provisions of the transfer of public security departments to investigate and deal with.
V. Promote the reform of government purchasing services
(XVIII) to the government purchasing services border. Strictly in accordance with the "Government Purchase of Services Management Measures" to define the main body of the purchase, does not belong to the main body of the purchase of departmental units, procurement services should be in accordance with the implementation of the relevant provisions of government procurement. Purchase content based on the government to the public to provide public **** services and government performance of auxiliary services required to define, not in the name of the government to purchase services for financing, personnel employment and other activities.
(xix) strengthen the government to buy services budgeting. Government purchase of services adhere to the principle of first budget, after the purchase of services, the relevant funds should be arranged in the departmental budget. Government purchasing service budget should be compiled according to the work needs, not included in the budget of the project, shall not carry out government purchasing service activities.
(xx) strict contract term management. Government purchase of service contracts generally do not exceed 1 year, for the purchase of relatively fixed content, continuity, stable sources of funding, small price changes in the project, the contract period shall not exceed a maximum of 3 years.
Six, optimize the business environment of government procurement
(xxi) adhere to high standards of positioning. The enterprise satisfaction as the first standard to test the effectiveness of the business environment of government procurement, and actively carry out innovation and enhancement actions. Focus on the concerns of market players, the implementation of the "list of commanders" reform pilot, focusing on solving the enterprise "urgent, difficult, worry and hope" problems, and further stimulate the vitality of market players.
(xxii) Maintaining fair competition in the market. Strengthen the public disclosure of government procurement information, the implementation of the supplier did not win the bid public system to further enhance the transparency of government procurement. Strengthen social supervision, smooth reflection channels, and effectively protect the legitimate rights and interests of suppliers. Regularly carry out clean-up activities in the field of government procurement that impede fair competition, intensify the crackdown on illegal and unethical behavior in government procurement, and break down obstacles and barriers to fair competition in the market.
(xxiii) Reducing supplier participation costs. Promote the whole process of government procurement electronic, open online and offline complaints "dual channels", reduce the time cost and economic cost of suppliers to participate in government procurement activities.
(xxiv) Ensure the payment of contract funds. Strictly in accordance with the contract, accelerate the progress of funds payment, improve the efficiency of the use of funds. No valid reason to default on the supplier contract funds to the purchaser, the financial sector can send a "letter of concern" to be reminded.
VII, improve the level of supervision of the financial sector
(25) to strengthen the function of government procurement supervision. Government procurement regulatory bodies at all levels to further improve the political position, and effectively use government procurement as an effective financial resources, use the various policy functions to promote high-quality economic and social development. Establish a long-term mechanism for the reform of the government procurement system, and strengthen the supervision and control of the operation of government procurement power. Pilot special investigations into government procurement have been carried out, and the application of the results of handling complaints and reports has been strengthened. Implementing a risk alert system to prevent various types of business risks.
(xxvi) Compact government procurement regulatory support. Accelerate the implementation of "Internet + government procurement", optimize and improve the government procurement management and transaction systems, and strengthen the application of new technologies such as cloud computing, big data, and electronic stores in the field of government procurement. Fully utilize the digital regulatory approach to realize the transformation of government procurement from "human management" to "digital governance".
(27) Strengthening the construction of government procurement team. Improve and perfect the talent training mechanism, and actively adapt to the new situation of the new requirements of government procurement, strengthen the practitioners of the legal education, vocational education and skills training, and improve the awareness of legal procurement and business quality and ability. In-depth integrity education, strengthen the style of construction, adhere to information disclosure, consciously accept supervision, practicing "strict real fine real fast" requirements, and strive to improve the quality of supervision and effectiveness, and strive to build a clean, strong government procurement team.
This document shall come into force on June 16, 2022, and shall be valid until June 15, 2025.
Shandong Province Department of Finance
April 29, 2022
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