Provincial departments, units, cities, counties (districts) Finance Bureau, centralized purchasing agency:
Anhui Provincial Government Procurement "Hui Caiyun" e-store management approach is issued to you, please comply with the implementation.
Anhui Provincial Department of Finance
June 30, 2022
Anhui Provincial Government Procurement "Hui Caiyun" E-store Management Measures
Chapter 1 General Principles
Article 1 In order to regulate the behavior of government procurement, to improve the performance of government procurement, to optimize the business environment of government procurement, and to promote fair competition, according to the provisions of the "Government Procurement Law", the government procurement of Anhui Province shall be conducted in accordance with the provisions of the "Government Procurement Law". To standardize government procurement practices, improve government procurement performance, optimize the business environment for government procurement, and promote fair competition, these measures are formulated in accordance with the Chinese People's Government Procurement Law of the People's Republic of China, the Regulations for the Implementation of the Chinese People's Government Procurement Law of the People's Republic of China and the State of China and the actual situation of our province.
Second The electronic store referred to in these measures refers to the Internet, the use of cloud computing, big data, mobile Internet technology, to realize the small amount of sporadic batches of goods, services, online transactions and dynamic supervision of the information service platform.
Article 3 These measures apply to Anhui Province, state organs at all levels, institutions and organizations (hereinafter referred to as the purchaser) the use of financial funds, through the implementation of electronic stores direct purchase, bargaining, bidding, reverse bidding, and other simple procurement procedures, procurement of a single or batch of the budget amount of the amount of the public bidding below the small amount of small sporadic batches ("three first "Products Pavilion excluded) electronic government procurement activities.
State-owned enterprises, grass-roots self-governing organizations to use electronic store procurement can refer to the implementation of these measures.
Article 4 The goods marked as online shopping malls in the "Anhui Provincial Government Centralized Procurement Catalog and Standards (2022 Edition)" shall be procured using the e-shop online supermarket. Marked as fixed-point procurement, agreement to supply goods and services shall be procured from the fixed-point procurement pavilion and agreement to supply pavilion of the electronic shopping mall. Purchasers purchasing the "three first" products recognized by the provincial or higher economic and information departments, should be purchased through the "three first" products Pavilion. Purchasers of agricultural and sideline products should be purchased through the Rural Revitalization Pavilion. If the electronic store really cannot meet the procurement needs, the purchaser may adopt other procurement methods according to law. Non-governmental procurement projects outside the collective procurement catalog and below the limit of decentralized procurement standards shall be implemented with reference.
Article V. E-vendor procurement activities shall be guided by the principles of openness and transparency, efficiency and convenience, orderly competition and honesty and trustworthiness.
Sixth, the implementation of the province's electronic stores unified planning and construction, unified deployment and use. Have a unified technical standards and specifications, basic information standards and specifications, business standards and specifications and data standards and specifications.
Seventh, electronic stores should implement energy conservation, environmental protection, support for the development of small and medium-sized enterprises, support for green innovation and rural revitalization and other government procurement policies, through the addition of signs and other ways to facilitate identification of purchasers, to guide purchasers to implement government procurement policies.
Chapter II Division of Responsibilities
Article 8 The Anhui Provincial Department of Finance is responsible for the overall planning of the construction of the electronic store, the development of electronic store management methods, to guide the province's electronic store procurement work, to do a good job in the electronic store supplier solicitation, the monitoring of transaction prices. Municipal centralized purchasing agencies in accordance with these methods to undertake the day-to-day management of the region's electronic stores (except for the Rural Revitalization Pavilion) and other work, and to assist the financial sector to do a good job of investigating and dealing with violations of the law and other work; not set up centralized purchasing agencies, the municipal finance departments are responsible for. Finance departments at all levels are responsible for dealing with the centralized purchasing agency transferred to the mall violations.
Article IX of the daily management of electronic shopping malls are as follows:
(a) review of the region's commodities on the shelves;
(b) review of the supplier of major information change applications;
(c) dealing with electronic shopping malls deal with the subject of the violation of law to the financial sector to hand over to the main body of the transaction of the violation of law to assist the finance department to do a good job in investigating violations of law.
(d) to follow up on the disputes between the subject of the e-marketplace transactions;
(e) to manage the credit record of the subject of the e-marketplace transactions.
Article 10 The purchaser shall establish and improve the internal control mechanism of government procurement, designate a person in charge of electronic shopping mall procurement, strengthen the rationality and legality of the electronic shopping mall procurement behavior audit management, do a good job of the unit account management, workflow and operation rights of the configuration of the maintenance of the day-to-day affairs, according to the plan or the actual need to rationally select the electronic shopping mall procurement methods, under the same conditions, priority to purchase the price of goods or services, and according to the plan or actual need to choose the electronic shopping mall procurement. The unit will also give priority to the purchase of lower-priced goods or services under the same conditions, and settle the contract payments in full and in a timely manner in accordance with the payment regulations and contractual agreements.
Chapter III Supplier Management
Article XI of the e-store using the commitment system open supplier registration, registered suppliers shall meet the following conditions:
(a) in line with the "Chinese People's Republic of China *** and the State Government Procurement Law" Article 22 of the provisions of the Chinese People's Republic of China, registered in China, with the corresponding supply and implementation capacity.
(ii) have independent legal personality and the ability to independently bear civil liability;
(iii) have the ability necessary to fulfill the contract;
(iv) have a strong service capacity in the sales zoning;
(v) have not been Credit China (www.creditchina.gov.cn), China Government Procurement Network ( www.ccgp.gov.cn) and the national enterprise credit information publicity system (www.gsxt.gov.cn) included in the list of executors with lost credit, parties to major tax violations, government procurement records of serious violations of trustworthy behavior, business anomalies, serious violations of the trustworthy list (blacklist);
(f) commitment to meet the "Anhui Provincial Government Procurement Anhui Provincial Government Procurement "Hui Cai Yun" electronic store online supermarket supplier commitment" requirements.
Individual industrial and commercial households in line with paragraph (c) (d) (e) are allowed to apply for admission. Suppliers to move into the e-store, should be submitted to the authenticity, accuracy and validity of the registration information to bear legal responsibility.
Article XII of the e-store supplier types include manufacturers, distributors, agreement designated suppliers and service providers.
Manufacturer refers to the production and manufacture of goods in line with national or industry standard requirements of the production and manufacture of manufacturers or brand parties.
Distributors are suppliers who sell goods manufactured by manufacturers and on the shelves of electronic stores. Among them, if the distributor is an e-commerce company, it should be approved by the relevant industry authorities and be qualified to engage in the business of e-commerce.
Agreed to supply, fixed-point procurement supplier refers to the agreement to supply, fixed-point procurement by the financial department or the competent unit through the procurement process to determine the shortlisted winning (closed) supplier. Procurement results confirmed by the same level of the financial sector or the competent unit to complete the goods on the shelves, its shortlisting agreement in the specified period of time, the expiration of the period is not renewed, the corresponding agreement automatically expires.
"Three first" product pavilion suppliers are certified by the provincial or higher economic and information department "three first" product manufacturers.
The Rural Revitalization Pavilion is operated and managed by a third party commissioned by the Provincial Federation of Supply and Marketing Societies, and the suppliers should go through the procedures in accordance with the relevant requirements of the Rural Revitalization Pavilion, and all the products on the shelves will be audited by the Provincial Federation of Supply and Marketing Societies.
Article 13 of the "Hui Cai Yun" supplier library and Anhui Province public **** resource trading platform market body library interconnection, real-time **** enjoy supplier information. Suppliers to participate in e-sale procurement activities, should first be in accordance with the Anhui Province public **** resources trading platform market body library requirements for CA lock and complete registration.
Article 14 The supplier shall be equipped with a person responsible for the business work related to the electronic marketplace transactions, including the maintenance of goods and services information, purchase order business processing, as well as business consulting, dispute handling.
Article XV of the e-marketplace suppliers should be stationed in accordance with the commitment to strengthen inventory, price and other commodity information maintenance and management, to ensure that the online supermarket commodity information is comprehensive, true, accurate and reliable.
Article XVI of the electronic store commodity prices downward, should be completed within three working days to adjust; commodity price increases, the main attributes of the goods, service commitments to change the relevant qualifications of the supplier to reduce and other major information that may affect the performance of the change, the supplier should be changed in the change occurs within three working days to submit an application for change of information, the relevant centralized purchasing agency should be completed within three working days to review.
Article XVII of the agreement to supply goods to the market benchmark price downward, the supplier should be the same rate of adjustment of the agreed price, but shall not reduce the quality of goods and configuration. Supplier promotional activities and preferential policies organized at a particular time, the purchaser has the right to participate in, and enjoy its equivalent preferential policies.
Chapter IV Commodity Management
Article 18 The commodities sold in the electronic stores should be in line with the standards, configuration common, market available, sufficient supply, complete information, and perfect service products, and meet the following basic conditions:
(a) to meet the mandatory national or industry standards, in line with the national policy of the three packages and the relevant industrial policies, and the implementation of the relevant policies of government procurement.
(ii) the source of goods from legal channels, to ensure that the original factory original, new and genuine, shall not be sold to infringe on the intellectual property rights of others or other legitimate rights and interests of the product.
(c) commodity specifications, models, configuration parameters, service standards, etc. should be consistent with the market sales of commodity information, shall not be sold exclusively, special allocation of commodities;
(d) the price of commodities shall not be higher than the official website of the manufacturer of the same period of the price announced to the public. Among them, the e-commerce provider of goods shall not be higher than its own e-commerce platform sales price for the same period;
(e) commodity installation and commissioning or the provision of services involving the purchase of accessories or payment of service fees, should be disclosed to the paid charges, the charges are not disclosed, shall not require the purchaser to pay;
(f) should be in accordance with the e-store trading catalog categorization of the shelves of the goods, and shall not be on the shelves of the electronic trading directory. May not be shelved outside the scope of the electronic store trading catalog of goods.
Article 19 of the e-marketplace goods shall comply with the requirements of the e-marketplace transaction catalog and related regulations. The basic commodities released by the suppliers on this platform, the suppliers themselves are responsible for the authenticity and legality of their released commodity information. Electronic stores have the right to violate the relevant laws and regulations and the relevant provisions of this approach to the goods off the shelves and other processing.
Article 20 of the electronic store goods released and shelves are divided into manual entry and data docking two ways.
Manual entry refers to the supplier directly in the electronic store manual entry of commodity information; data docking refers to the supplier based on the electronic store related data interface specifications, from its own e-commerce platform to the electronic store to push commodity information.
Article 21 of the e-store commodities standardized management, divided into manufacturers of standard commodity library management and standard commodity parameter system management.
The implementation of the manufacturer's standard merchandise library management items, suppliers should, in principle, from the manufacturer's standard merchandise library to select the goods for quotation; the implementation of the standard merchandise parameter system management items, by the manufacturer or the manufacturer commissioned by the distributor of the standard merchandise parameter items entered in accordance with the merchandise for quotation.
Article 22 of the electronic store goods configuration parameters, market prices, service standards and other information due to changes in the market or model discontinued, out of stock, the supplier should be updated within three working days or off the shelf.
Chapter V Trading Rules
Article 23 of the electronic marketplace trading methods include direct purchase, bargaining, bidding, reverse bidding.
Article 24 of the direct purchase refers to the purchaser directly select the goods on the e-store, the supplier in the agreed time to confirm the order and delivery of the transaction. Direct purchase in principle applies to small amounts of sporadic purchases or market price transparency and price fluctuations in commodities.
Article 25 of the bargaining refers to the purchaser to select the goods, specify the supplier, fill in the price of the intention to generate bargaining orders, sent to the supplier's behavior. The supplier can accept or reject the order. If the supplier accepts the order, the supplier can modify the price according to the intended price of the purchaser.
Article 26 of the bidding refers to the purchaser to determine a single brand of goods, generating a bidding order, eligible suppliers in the bidding before the end of the offer, the lowest bidding supplier to become a supplier of the transaction.
Article 27 Reverse Bidding refers to the purchaser to determine the multi-brand goods, generate a bidding list, eligible suppliers in the bidding before the end of the offer, the lowest bidding suppliers to become a successful supplier.
Article 28 The purchaser through the electronic store online supermarket procurement of centralized purchasing directory of goods marked as online shopping malls (15 categories of units based in Feiqi, other cities and counties for the 14 categories), the use of government procurement task; procurement of centralized purchasing directory and the limit of the standard of the following items may not be the use of government procurement task. Procurement of "three first" products Museum, rural revitalization Museum products, may not use the Government Procurement Task Force, which is to be purchased "three first" product prices can be higher than the amount of public bidding standards. Procurement from the agreement to supply and fixed-point procurement pavilion, the procurement amount shall not be higher than the amount of public bidding.
Chapter VI Procurement Management
Article 29 The purchaser shall be combined with the actual procurement needs, scientific and rational choice of electronic trading methods, and according to the relevant rules of the electronic stores throughout the self-service completion of procurement activities.
Article 30 The purchaser shall give priority to the procurement of small and medium-sized micro-enterprises, prison enterprises, welfare enterprises for persons with disabilities to produce products or services provided through the implementation of procurement activities through the electronic marketplace.
Article 31 The purchaser and the supplier shall carefully check the order, the result of the transaction and other information and sign the contract online. Confirmation of orders, transaction results and signing of contracts shall not be refused or delayed without reason.
Article 32 The supplier shall, in accordance with the contract, through its own delivery or entrusted to a third party delivery of goods to the purchaser's designated location and complete the installation and commissioning or to provide appropriate services. Distribution information should be complete and clear.
Article 33 The supplier delivers the goods, services after the expiration of the period, or contract fulfillment to reach the conditions of acceptance, the purchaser shall be in accordance with the contractual technical, service and other requirements for acceptance.
Article 34 The acceptance passes or meets the contractual payment conditions, the purchaser shall pay the funds to the supplier in accordance with the contract, and shall not refuse or delay payment without reason. Orders associated with government procurement task orders shall be paid through the integrated budget management system. Orders that are not associated can be paid online through official cards, Alipay, WeChat and other means.
Article 35 After the conclusion of the transaction activities, the purchaser shall evaluate the supplier's performance satisfaction, and the evaluation results shall be included in the credit evaluation system of the electronic vendor.
Article 36 The purchaser or supplier shall not change the order, the results or the procurement contract. Force majeure affects the need to change, should be submitted to the centralized purchasing agency of the purchaser's location by mutual consensus, after verification to be changed. Change order, the results or procurement contract, the purchaser shall report to the same level of the financial sector for the record.
Article 37 The purchaser found that the supplier default, the provision of goods, services and other quality problems, etc., or the supplier that the purchaser is in breach of contract, the two sides to negotiate a solution or submit to the centralized purchasing agency where the purchaser coordinates the solution. Consultation or coordination fails, the centralized purchasing agency at the location of the purchaser to the financial sector at the same level to deal with.
Chapter VII Supervision and Management
Article 38 of the electronic stores to implement integrity management, the initial integrity of 100 points; integrity of the cumulative points deduction cycle for a natural year, after the end of each cycle, the deduction is automatically cleared. Sellers strictly in accordance with the relevant provisions of the implementation of joint disciplinary action for breach of trust, the implementation of the Ministry of Finance credit record inquiry and the use of work requirements.
Article 39 The management body of the electronic store has the right to warn and remind suppliers of violations, suspend trading privileges, cancel trading qualifications and other processing, and included in the integrity record. A demerit cycle is accumulated to 0 points, cancel its electronic shopping mall supplier qualification, disqualified from 2 years from the disqualification will not be allowed to re-apply for admission.
Article 40 of the e-store warning information on failure to correct violations of the supplier in a timely manner, by the centralized purchasing agency to deduct points of integrity, restriction of operating privileges, to be punished, and included in the integrity file.
Article 41 One of the following circumstances, each time it occurs, deduct 10 integrity points and be yellow warning 1 time, to pursue their corresponding responsibilities:
(a) triggering the yellow warning indicators;
(b) released before and after the appearance of commodity information, brands, prices, pictures, attributes, such as inconsistency, repetition, etc.;
(c) released Commodity selection category is not related to the goods;
(d) released goods do not match the actual, including exaggerated, excessive and false propaganda;
(e) not in line with the platform commodity release specifications of other behavior.
Article 42 If one of the following circumstances occurs, 20 integrity points will be deducted for each occurrence and an orange warning will be issued for one time, and the corresponding responsibility will be pursued:
(a) triggering the orange warning indicator or triggering the yellow warning indicator for three times or more;
(b) not responding to or confirming the purchase orders and contracts for a cumulative total of five times or more without a justifiable reason in accordance with the prescribed time limit;
(c) not responding to or confirming the purchase order and contract for a cumulative total of five times or more.
(C) without good reason not to implement the purchase order, contract or not as promised to provide goods and after-sales service for 1 time;
(D) not in accordance with the provisions of this method of timely updating and maintenance of commodity information, pricing information, service commitments and other information;
(E) other violations of the agreement agreement matters or supplier commitments.
Article 43 One of the following circumstances, deduct 30 integrity points and be red warning once, and hold it responsible:
(a) triggering the red warning indicators or triggering the orange warning indicators 2 times and more;
(b) the purchaser evaluation "satisfaction index" three-star (ii) the purchaser's evaluation of the "satisfaction index" of three stars for five times or more;
(iii) bargaining with the purchaser again after the end of the bidding;
(iv) changing the main terms and conditions of the contract in the course of contract performance in consultation with the purchaser.
Article 44 of the agreement to supply, fixed-point procurement suppliers designated by the supplier of three or more of the existence of the 41st, 42nd, 43rd of the circumstances, the cancellation of the agreement to supply qualifications.
Article 45 of the electronic store suppliers have one of the following circumstances, shall withdraw from the electronic store:
(a) take the initiative to apply for the withdrawal;
(b) be included in the list of executors of breach of contract, the list of parties to the major tax law violations, the list of record of serious violations of law and breach of trust in government procurement activities, the list of business anomalies, the list of serious violations of law and breach of trust (blacklist), and so on;.
(C) by the government procurement administrative penalty and prohibited from participating in government procurement activities within one to three years, and in the implementation of the effective period.
Article 46 In any of the following cases, the supplier shall be dismissed and be held responsible for the corresponding responsibility:
(a) release of substandard quality goods;
(b) providing counterfeit and shoddy goods or unauthorized replacement of parts, reduce the configuration, and substituting the second-best;
(c) improper use of other people's trademarks, copyrights, patents, etc., and is found to be true;
(d) the use of other people's products;
(e) the use of other people's products;
(f) the use of other people's products;
(g) the use of other people's products. /p>
(d) malicious use of the rules to mislead the purchaser to obtain false product sales, evaluation, satisfaction, etc.;
(e) release the state banned the sale of goods;
(f) release of counterfeit registered trademark goods and pirated goods;
(g) steal, publish, and pass on the privacy of other people's information without permission;
(h) to the operation and maintenance unit, Purchaser, mall management, the financial sector to pay bribes or provide other improper benefits;
(ix) malicious collusion with other suppliers, operation and maintenance units, purchasers, centralized purchasing agencies, the financial sector to the relevant personnel;
(j) failure to sign a supply or service contract in accordance with the results of the procurement, or enter into a separate agreement with the purchaser to deviate from the substantive content of the contract;
(xi) refused without good reason to sign the contract, fulfill the contractual obligations, or failure to perform obligations under the contract constitutes a breach of contract;
(xii) the use of system loopholes or other hacking means of intrusion into the system to tamper with the data or fictitious transaction records;
(xiii) refused to carry out the regulatory measures of the financial sector or centralized purchasing agency at the same level or refused to rectify the irregularities, defaults ;
(xiv) other violations of the law, irregularities and violations of the provisions of these Measures, as determined by the financial sector at all levels.
Article 47 The purchaser of one of the following behaviors, the same level of the financial sector ordered to rectify; refused to rectify, shall be notified, suspended the electronic store trading privileges, suspected of violating the law and regulations shall be dealt with in accordance with the rules and penalties:
(a) the end of the bidding with the supplier to renegotiate the price;
(b) the transaction is closed after the transaction results of the transaction is refused to confirm the validity of the transaction without valid reasons, Refuse to sign a procurement contract with the supplier, or do not sign a procurement contract according to the results of the transaction;
(iii) contract performance process with the supplier to negotiate changes in the main terms of the contract;
(iv) by the e-sale system early warning for five times and more, and not resolved in a timely manner within one month;
(v) without the recognition of the same level of the financial sector, not in accordance with the provisions of this Measures through the electronic marketplace Procurement;
(vi) Failure to carry out timely acceptance and disbursement of funds;
(vii) Other violations of the law, irregularities and violations of the provisions of these Measures as determined by the financial departments at all levels.
Article 48 The financial departments at all levels, the centralized purchasing agency shall divide up the work, the implementation of electronic stores in a hierarchical supervision and management. The relevant departments and staff exist in violation of the provisions of these Measures abuse of power, dereliction of duty, favoritism and other violations of law and discipline, in accordance with the relevant provisions of the State to pursue their corresponding responsibilities. Suspected of violating the law, transferred to the relevant authorities.
Article 49 Any unit or individual may suppliers and related commodity information on the legitimacy, authenticity and reliability and other parties to supervise the discovery of violations of the law, can be reflected to the centralized purchasing agency at all levels or the financial sector, report.
Chapter VIII Supplementary Provisions
Article 50 The management system related to the supporting electronic stores is formulated separately and published in the electronic stores.
Article 51 These measures shall be interpreted by the Anhui Provincial Department of Finance.
Article 52 These Measures shall be implemented from July 1, 2022 onwards.
More about the engineering/service/procurement category of tender writing production, to enhance the winning rate, you can click on the bottom of the official website customer service free consultation:/#/?source=bdzd