Legal analysis: the contract signed in accordance with the government procurement form contract text is the centralized government procurement activities are legal and effective documents and valid vouchers for reimbursement of procurement funds payment. Article 10 The central unit shall, in accordance with the procurement documents and the government procurement contract agreement, organize the acceptance of the supplier's performance, and shall not add or change the acceptance of the content and standards. People's Republic of China *** and the Ministry of Commerce website Chapter I General Provisions Article 1 In order to strengthen the management of government procurement in the Ministry of Commerce, standardize the behavior of government procurement, promote clean government, and improve the efficiency of the use of financial funds, according to the "Chinese People's Republic of China *** and the State Government Procurement Law" (hereinafter referred to as the "Government Procurement Law") and the Ministry of Finance, "Implementation Measures for the Management of Government Procurement by Central Units" and other relevant provisions, combined with the actual situation of the Ministry of Commerce. Formulation
Legal Basis: Regulations on the Implementation of the Government Procurement Law of the People's Republic of China*** and the State of China
Article I In accordance with the Government Procurement Law of the People's Republic of China*** and the State of China (hereinafter referred to as the Government Procurement Law), these Regulations are formulated.
Article 2 The financial funds referred to in Article 2 of the Government Procurement Law refer to the funds included in the budget management. Borrowed funds with fiscal funds as the source of repayment are regarded as fiscal funds. Where the procurement projects of state organs, institutions and organizations use both fiscal and non-fiscal funds, the Government Procurement Law and these Regulations shall apply to the part of the procurement using fiscal funds; where the procurement of fiscal and non-fiscal funds cannot be divided, the Government Procurement Law and these Regulations shall apply uniformly. The services referred to in Article 2 of the Government Procurement Law include the services needed by the government itself and the public **** services provided by the government to the public.
Article 3 The centralized purchasing catalog includes centralized purchasing agency procurement projects and departmental centralized purchasing projects. Technology, services and other standards are unified, the general use of the purchaser's project, as a centralized purchasing agency procurement projects; the purchaser's own department, the system based on the business needs of the special requirements, can be unified procurement projects, as a centralized departmental procurement projects.
Article IV of the Government Procurement Law refers to centralized purchasing, means that the purchaser will be included in the centralized purchasing directory of items entrusted to a centralized purchasing agency agency procurement or departmental centralized purchasing; referred to as decentralized purchasing, refers to the purchaser will be above the procurement limit of the standard is not included in the centralized purchasing directory of the items of their own purchases or entrusted to the purchasing agent agent agency purchasing behavior.
Article 5 The people's governments of provinces, autonomous regions and municipalities directly under the central government or its authorized agencies in accordance with the actual situation, may determine the centralized purchasing catalog and procurement limit standards applicable to the administrative region at the provincial level, the municipal level and the county level, respectively.
Article 6 The financial department of the State Council shall, in accordance with the economic and social development policies of the State, formulate government procurement policies in conjunction with the relevant departments of the State Council, so as to realize the objectives of saving energy, protecting the environment, supporting underdeveloped regions and ethnic minority regions, and promoting small and medium-sized enterprises through the formulation of procurement demand standards, reserving procurement shares, preferential price evaluation, and giving priority to purchases, and other measures.
Article 7 If the government procures works, as well as goods and services related to the construction of works, by means of bidding, the Law of the People's Republic of China on Bidding and Tendering and its implementing regulations shall apply; if other means of procurement are used, the Law on Government Procurement and the Regulations shall apply. The works referred to in the preceding paragraph refer to construction works, including new construction, alteration and expansion of buildings and structures and their related renovation, demolition, repair, etc.; the goods related to the construction of the works referred to are the equipment, materials, etc., which constitute an inseparable part of the works and are necessary for realizing the basic functions of the works; and the services related to the construction of the works referred to are the surveying, designing, supervising, etc., which are necessary to complete the works. Services. The government procurement works and construction-related goods and services, shall implement the government procurement policy.
Article 8 Information on government procurement projects shall be published in the media designated by the financial departments of the people's governments at or above the provincial level. Procurement project budget amount reaches the financial department of the State Council standards, government procurement project information shall be published in the media designated by the financial department of the State Council.