Article 1 In order to give full play to the policy function of government procurement and promote the healthy development of small and medium-sized enterprises, these Measures are formulated in accordance with the Government Procurement Law of the People's Republic of China (PRC), the Small and Medium-sized Enterprises Promotion Law of the PRC, and other relevant laws and regulations.
Second Article The small and medium-sized enterprises referred to in these Measures refer to the medium-sized enterprises, small enterprises and micro-enterprises established by law within the territory of the People's Republic of China, based on the small and medium-sized enterprise classification standards approved by the State Council, except for the person in charge of the large enterprise is the same person, or there is a direct controlling or management relationship with the large enterprise. Individual entrepreneurs who meet the criteria for the division of small and medium-sized enterprises shall be regarded as small and medium-sized enterprises in government procurement activities.
Article 3 The purchaser shall, in government procurement activities, increase the share of small and medium-sized enterprises in government procurement and support the development of small and medium-sized enterprises by strengthening the management of procurement requirements, and implementing measures such as reserving a share of the procurement, preferential pricing evaluation, and giving priority to procurement.
Article 4 In government procurement activities, the supplier to provide goods, works or services in line with the following circumstances, to enjoy the small and medium-sized enterprise support policies provided for in these Measures: (a) in the procurement of goods, the goods are manufactured by small and medium-sized enterprises, i.e., the goods are manufactured by small and medium-sized enterprises and the use of the small and medium-sized enterprise trade names or registered trademarks; (b) in the procurement of works, the works are undertaken by small and medium-sized enterprises, i.e., the construction unit is a small and medium-sized enterprise. (b) In the project procurement project, the project is constructed by SMEs, i.e. the construction unit is an SME; (c) In the service procurement project, the service is undertaken by SMEs, i.e. the personnel providing the service is an SME that has entered into a labor contract in accordance with the "Law of the People's Republic of China on Labor Contracts". In the goods procurement project, if the goods provided by the supplier are both goods manufactured by small and medium-sized enterprises and goods manufactured by large-sized enterprises, they shall not be entitled to the support policy for small and medium-sized enterprises as stipulated in this Measures. Participating in government procurement activities in the form of a consortium, where all parties to the consortium are small and medium-sized enterprises, the consortium shall be deemed to be small and medium-sized enterprises. Among them, if all parties of the consortium are small and micro enterprises, the consortium shall be regarded as small and micro enterprises.
Article 5 The purchaser shall reasonably determine the procurement needs of the procurement project in government procurement activities, shall not be registered capital, total assets, operating income, employees, profits, tax payments and other scale conditions and financial indicators as the supplier's qualification requirements or evaluation factors, shall not be in the enterprise shareholding structure, years of experience in business for small and medium-sized enterprises to differentiate or discriminatory treatment.
Article VI of the competent budget unit shall organize the assessment of the department and its units of government procurement projects, co-ordinate the development of small and medium-sized enterprises to set aside a share of the procurement of specific programs for small and medium-sized enterprises, suitable for small and medium-sized enterprises to provide procurement projects and procurement packages, set aside a share of the procurement of procurement specifically for small and medium-sized enterprises, and in the government procurement budget is shown separately. Under one of the following circumstances, the procurement share may not be reserved specifically for small and medium-sized enterprises: (1) laws and regulations and relevant state policies clearly stipulate that priority should be given to or should be given to institutions, social organizations and other non-business entities for procurement; (2) due to the need for the use of irreplaceable patents, know-how, infrastructure constraints, or the provision of specific services to the public ****, etc., can only be procured from suppliers other than small and medium-sized enterprises Procurement; (iii) in accordance with the provisions of these Measures to set aside the procurement share can not ensure adequate supply, full competition, or there may affect the realization of the objectives of government procurement; (iv) framework agreement procurement projects; (v) the people's government at or above the provincial level, the financial department of the provisions of other circumstances. In addition to the above circumstances, all other circumstances are suitable for small and medium-sized enterprises.
Article VII of the procurement limit above the standard, less than 2 million yuan of goods and services procurement projects, less than 4 million yuan of engineering procurement projects, suitable for small and medium-sized enterprises, the purchaser shall be exclusively for small and medium-sized enterprise procurement.
Article VIII of the goods and services procurement projects of more than 2 million yuan, more than 4 million yuan of engineering procurement projects suitable to be provided by small and medium-sized enterprises, set aside more than 30% of the total budget of the part of the procurement project exclusively for small and medium-sized enterprises, of which no less than 60% of the share reserved for small and micro-enterprises. The reserved share is carried out through the following measures: (i) the procurement project as a whole or setting up a procurement package is exclusively oriented to SMEs' procurement; (ii) the suppliers are required to participate in the procurement activities in the form of a consortium, and the portion borne by the SMEs in the consortium reaches a certain percentage; and (iii) the suppliers who have been awarded the procurement contract are required to subcontract a certain percentage of the procurement project to one or more SMEs. The small and medium-sized enterprises forming a consortium or accepting a subcontract shall not have a direct holding or management relationship with other enterprises in the consortium or subcontracting enterprises.
Article IX for the competent budget unit after the co-ordination of the procurement project is not reserved for small and medium-sized enterprise procurement, as well as the reserved share of the project in the non-reserved part of the procurement package, the purchaser, the procurement agency shall be in line with the provisions of these measures for small and medium-sized enterprise quotation to be given to the 6% -10% (3% -5% of the works) deduction, with the deduction of a certain percentage of the subcontract. 5%) deduction, and use the price after deduction to participate in the evaluation. For government procurement construction projects to which the bidding and tendering method applies, if the comprehensive assessment method is used but the low price priority method is not used to calculate the price score, the bid evaluation shall increase the price score by 3%-5% of the price score on the basis of scoring by using the original quotation as its price score. For procurement projects that accept large and medium-sized enterprises to form a consortium with small and medium-sized enterprises or allow large and medium-sized enterprises to subcontract to one or more small and medium-sized enterprises, if the joint agreement or subcontracting intent agreement stipulates that the contract share of the small and medium-sized enterprises accounts for more than 30% of the total contract amount, the purchaser and the purchasing agent shall give a deduction of 2-3% (1%-2% in case of works projects) for the quotation of the consortium or the large and medium-sized enterprises, and use a deduction of 3-5% for the quotation of the large and medium-sized enterprises. The purchaser, procurement agency shall give 2%-3% (1% for engineering projects) deduction to the quotation of the consortium or large and medium-sized enterprises, and use the price after deduction to participate in evaluation. For government procurement projects applying the Bidding and Tendering Law, if the Comprehensive Evaluation Method is adopted but the Low Price Priority Method is not used to calculate the price score, the bid evaluation shall be based on the scoring of the original price quotation, and 1%-2% of the price score shall be added to the price score as the price score. Micro and small enterprises that form a consortium or accept subcontracts that have a direct holding or management relationship with other enterprises in the consortium or subcontracting enterprises shall not be entitled to the preferential policy of price deduction. The price deduction percentage or the price score bonus percentage treats small and micro-enterprises equally and makes no distinction between them. Specific procurement project price deduction ratio or price points plus percentage, by the purchaser in accordance with the subject matter of the procurement of the relevant industry average profit margins, market competition, etc., within the range of the provisions of these Measures to determine.
Article 10 The procurer shall strictly in accordance with the provisions of these Measures and the competent budgetary unit to develop a specific program for the reserved share of procurement procurement activities. Set aside a share of the procurement project or procurement package, through the publication of public notices to invite suppliers, the number of small and medium-sized enterprises that meet the qualifications of less than three, the procurement activities shall be suspended, as if not set aside a share of the procurement project or procurement package, in accordance with the relevant provisions of Article IX of these Measures to re-organize the procurement activities.
Article XI of small and medium-sized enterprises to participate in government procurement activities, should be issued under the provisions of these Measures, "Small and Medium-sized Enterprises Declaration Letter" (Attachment 1), otherwise shall not enjoy the relevant small and medium-sized enterprise support policies. Any unit or individual shall not require suppliers to provide small and medium-sized enterprise identification documents other than the "Small and Medium-sized Enterprise Declaration Letter".
Article XII of the procurement project involves small and medium-sized enterprise procurement, the procurement documents shall specify the following: (a) reserved share of the procurement project or procurement package, clear that the project or the relevant procurement package is specifically for small and medium-sized enterprise procurement, as well as the relevant subject matter and the budget amount; (b) required to participate in the form of a consortium or the contract subcontracting, a clear joint agreement or the intention to subcontract the agreement of small and medium-sized enterprises should be the proportion of the contract amount, and the contract amount should reach. (iii) for procurement items or procurement packages that are not reserved shares, specify the relevant price deduction ratio or price score increase ratio; (iv) provide that if a government procurement contract is awarded to a small or micro enterprise that enjoys support policies in accordance with the provisions of these Measures, the small or micro enterprise shall not subcontract the contract to a large or medium-sized enterprise, and the medium-sized enterprise shall not subcontract the contract to a large enterprise; (v) where the purchaser believes that the relevant conditions are met, specify the relevant subject matter and budget amount; (vi) where the purchaser believes that the People believe that the relevant conditions, clear preferential measures for small and medium-sized enterprises in the term of payment of funds, the proportion of prepayment, etc.; (6) clear procurement subject matter corresponding to small and medium-sized enterprises in the industry to which the classification criteria; (7) laws and regulations and other matters specified by the financial departments of the people's governments at or above the provincial level.
Article XIII of the winning, the successful supplier to enjoy the small and medium-sized enterprise support policies provided for in these measures, the purchaser, the purchasing agent shall with the winning, the results of the transaction public winning, the successful supplier of the "small and medium-sized enterprise declaration letter". Application of the bidding and tendering law of government procurement construction projects, shall be publicized in the public announcement of the winning candidate's "small and medium-sized enterprise declaration letter".
Article 14 For procurement contracts signed through the reservation of procurement projects, reserved special procurement packages, the requirement to participate in the form of a consortium or contract subcontracting and other measures, the contract shall be clearly marked as a small and medium-sized enterprises reserved contract. In this regard, where participation in the form of a consortium or subcontracting of the contract is required, the joint agreement or agreement of intent to subcontract shall be made an integral part of the procurement contract.
Article 15 Encourage regions and departments in procurement activities to allow small and medium-sized enterprises to introduce credit guarantee means for small and medium-sized enterprises in the bidding (response) guarantees, performance guarantees and other aspects of professional services. Encourage small and medium-sized enterprises to comply with the law through government procurement contract financing.
Article 16 The identification of small and medium-sized enterprises in government procurement supervision and inspection, complaint handling and administrative penalties in government procurement shall be the responsibility of the competent department for small and medium-sized enterprises of the people's government at or above the county level of the place where the manufacturer of the goods or the supplier of the works or services is registered. The competent department for small and medium-sized enterprises shall make a written reply within 10 working days after receiving a letter from the finance department or the relevant bidding and tendering administrative supervision department regarding assistance in the identification of small and medium-sized enterprises.
Article XVII of the regions, departments should be involved in small and medium-sized enterprise procurement budget projects to implement the whole process of performance management, reasonable set of performance objectives and indicators, the implementation of the relevant policies to support small and medium-sized enterprise requirements, and regularly carry out performance monitoring and evaluation, and strengthen the application of performance evaluation results.
Article 18 The competent budget unit shall report to the financial department at the same level from 2022 on the specifics of the department's share of the previous year's procurement reserved for small and medium-sized enterprises, and publicize the implementation of the reserved projects on the China Government Procurement Network (Attachment 2). Failure to meet the proportion of reserved shares under these measures shall be explained.
Article 19 The purchaser does not set aside the procurement share for small and medium-sized enterprises in accordance with the provisions of these Measures, the purchaser, the purchasing agent is not in accordance with the requirements of these Measures to implement the price deduction or price points, is not in accordance with the provisions of the implementation of government procurement policies, in accordance with the "Chinese People's Republic of China *** and the State Government Procurement Law," and other relevant provisions of the State to pursue legal responsibility.
Article 20 The supplier in accordance with the provisions of this approach to provide a statement of the contents of the letter is not true, belonging to the provision of false materials to win the bid, the transaction, in accordance with the "Chinese People's Government Procurement Law" and other relevant provisions of the state to pursue the corresponding responsibility. Application of the bidding law of government procurement construction projects, the bidder in accordance with the provisions of this method to provide a statement of the contents of the letter is not true, is a fraudulent bidding, in accordance with the "Chinese people's * * * and the state bidding law" and other relevant provisions of the state to pursue the corresponding responsibility.
Article 21 of the financial sector, small and medium-sized enterprise authorities and their staff in the performance of their duties in violation of the provisions of these measures and the existence of other abuse of power, dereliction of duty, favoritism and other violations of law and discipline, in accordance with the "Chinese People's Republic of China *** and the State Government Procurement Act", "Chinese People's Republic of China *** and the Civil Servants Act", "Chinese People's Republic of China *** and the Supervision Act", "Chinese People's Republic of China *** and the Regulations for the Implementation of the State Government Procurement Act". and State Government Procurement Law Enforcement Regulations" and other relevant state regulations to pursue the corresponding responsibilities; suspected of committing a crime, shall be transferred to the relevant state organs according to law.
Article 22 This Measures shall not be applied to foreign aid projects and projects for which the relevant state qualification or qualification management system is otherwise provided.
Article 23 The government procurement support policies for other subjects regarded as small and medium-sized enterprises shall be separately stipulated by the Ministry of Finance in conjunction with relevant departments.
Article 24 The provincial-level finance departments, in conjunction with the departments in charge of small and medium-sized enterprises, may formulate specific implementation measures in accordance with the provisions of these Measures.
Article 25 These Measures shall come into force on January 1, 2021. The Notice of the Ministry of Finance, Ministry of Industry and Information Technology on Issuing Interim Measures for Promoting Small and Medium-sized Enterprises in Government Procurement (Caiku_2011_181) is hereby abolished. [1]
Content Answers Editorial Podcast
I. What are the main considerations for issuing the Measures?
Answer:Small and medium-sized enterprises (SMEs) are an important foundation for building a modernized economic system and realizing high-quality development of the economy, and the Ministry of Finance (MOF) and the Ministry of Industry and Information Technology (MIIT) attach great importance to supporting the development of SMEs by applying the government procurement policies.In 2011, the MOF and MIIT issued Interim Measures for Promoting Small and Medium-sized Enterprises in Government Procurement (Caiku_2011_181) to promote SMEs' development by setting aside Since the implementation of the Measures, more and more SMEs have been actively participating in government procurement activities, and the amount of government procurement awarded to SMEs now accounts for more than 70% of the total scale of government procurement. However, the implementation of the policy has also gradually revealed the lack of detail in the measures set aside for the share, the main responsibility of the purchaser is not clear and other issues.
In order to implement the "Program for Deepening the Reform of the Government Procurement System" and the "Guiding Opinions on Promoting the Healthy Development of Small and Medium-sized Enterprises" issued by the General Office of the Central Government and the General Office of the State Council, the Ministry of Finance, in conjunction with the Ministry of Industry and Information Technology, on the basis of a thorough study, revised the "Interim Measures for Promoting the Development of Small and Medium-sized Enterprises in Government Procurement". Interim Measures on Government Procurement to Promote the Development of Small and Medium-sized Enterprises to improve relevant policies and measures. The implementation of the Measures is of great significance for increasing support for small and medium-sized enterprises, promoting the healthy development of small and medium-sized enterprises, and helping to do a good job in the "six stabilizers" and the implementation of the "six guarantees" tasks.
Second, the revised Measures have clarified and detailed the measures to support small and medium-sized enterprises?
A: The revised Measures have been improved in the following four aspects:
(1) Refinement of the provisions on reserved shares. The competent budget unit is required to organize and evaluate the government procurement projects of the department and its subordinate units, and set aside the procurement share for procurement exclusively for small and medium-sized enterprises (SMEs) if they are suitable to be provided by SMEs. First, small procurement projects (goods and services procurement projects under 2 million yuan, and engineering procurement projects under 4 million yuan) are, in principle, all reserved for SMEs. Secondly, for procurement projects exceeding the aforementioned amounts, more than 30% of the total budget of such procurement projects shall be reserved for procurement exclusively for SMEs, of which no less than 60% shall be reserved for small and micro enterprises. The reserved procurement share is separately listed in the government procurement budget, and the implementation status is open to the public.
(ii) Improvement of preferential methods for price evaluation of government procurement projects. The revised method requires the purchaser, the procurement agency of the procurement project or procurement package evaluation of the unreserved share of the small and micro-enterprise offer 6% -10% (3% -5% for engineering projects) of the price deduction. At the same time, it is clear that the government procurement projects using the comprehensive assessment method but does not use the low-priced first method of calculating the price score, the evaluation of bids should be scored using the original offer on the basis of an increase in its price score of 3% -5% as its price score.
(3) Multi-measures to support the development of small and medium-sized enterprises. The Measures in the payment of funds, credit guarantee and other aspects of support for small and medium-sized enterprises also made provisions. First, the purchaser is encouraged to appropriately shorten the payment term for small and medium-sized enterprises, and increase the proportion of advance payment; secondly, the government procurement activities to guide small and medium-sized enterprises to use credit guarantee means, and provide professional services for small and medium-sized enterprises in the bidding (response) guarantee, performance guarantee, and so on; thirdly, to encourage the small and medium-sized enterprises in accordance with law and regulations to raise funds through the government procurement contract.
(4) Enhancing operability. In order to promote the budget unit to better implement the reserved share policy, the Measures refine the reserved share of four specific ways, including the procurement project as a whole reserved, set up a special procurement package, the purchaser requires the participation of consortia or require suppliers to subcontracting, etc.; clear inappropriate for small and medium-sized enterprises to provide, can not be reserved for small and medium-sized enterprises of the five specific circumstances, to facilitate the purchaser to scientifically and reasonably reserved for the purchase of the project. At the same time, in accordance with the provisions of laws and regulations, clear responsibilities of the purchaser, procurement agencies, suppliers, competent departments and other relevant subjects, to enhance the rigidity of the implementation of the policy.
Three, the budget unit should be how to implement the policy?
A: budgetary units at all levels should effectively fulfill the main responsibility to carry out the following work in accordance with the provisions of the Measures:
One is in charge of the budgetary unit should be organized to assess the department and its units of the government procurement projects, co-ordinate the development of a specific program for small and medium-sized enterprises to set aside a share of the procurement of the suitability of small and medium-sized enterprises to provide a share of the procurement of procurement reserved for small and medium-sized enterprises specifically, and The procurement share shall be set aside for procurement specifically for SMEs, and shall be listed separately in the procurement budget. Secondly, it is to strengthen the management of procurement requirements, reasonably determine the procurement requirements, and make clear in the procurement documents the specific measures for the project to be oriented towards SMEs' procurement or to give evaluation preferences to small and micro enterprises. For example, if the overall procurement project is reserved, the procurement package is set up specifically for SME procurement, or if it is required to participate in the form of a consortium, or if the supplier subcontracts to SMEs, the subject matter and amount of the reservation should be clearly defined, and provisions should be made in the qualification conditions of the supplier; if a share has not been set aside, it should be clearly defined in relation to the proportion of the price deduction or the proportion of the price score added; the purchaser is encouraged to take into account the actual situation, and the period of the fund payment period, advance payment ratio, etc., to provide preferential conditions to small and medium-sized enterprises. Third, the implementation of the whole process of performance management of budget projects involving small and medium-sized enterprises procurement, reasonable setting of performance objectives and indicators, the implementation of the relevant policies to support small and medium-sized enterprises, regular performance monitoring and evaluation, and strengthen the application of performance evaluation results. Fourth, the competent budget unit shall report to the financial department at the same level from 2022 on the specifics of the department's previous year's reserved share and procurement for SMEs, and publicize the implementation of the reserved projects on the China Government Procurement Network. If the proportion of reserved share is not reached as stipulated in these measures, an explanation shall be given.
The Ministry of Finance will support the government procurement of small and medium-sized enterprises into the scope of supervision, as an important element of government procurement supervision and inspection; provincial finance departments should also be combined with the actual situation in the region, as soon as possible, the introduction of specific implementation methods, to achieve the precise support for small and medium-sized enterprises.
Four, in government procurement activities, small and medium-sized enterprises need to provide identification materials?
A: Small and medium-sized enterprises to participate in government procurement activities, enjoy the support policies, only need to issue a "small and medium-sized declaration letter" as a small and medium-sized identity documents. Small and medium-sized enterprises should be in accordance with the provisions of the "Measures" and "small and medium-sized enterprise classification standard regulations" (Ministry of Industry and Information Technology, Enterprise 〔2011〕 No. 300), truthfully fill out and submit the "small and medium-sized enterprise declaration letter", any unit or individual shall not require small and medium-sized enterprise suppliers to submit "small and medium-sized enterprise declaration letter" outside the supporting documents, or to obtain recognition and access to the directory database in advance, etc.. Small and medium-sized enterprises are responsible for the authenticity of the contents of their declaration, the contents of the declaration letter is not true, is the provision of false materials to win the bid, the transaction, in accordance with the "People's Republic of China *** and the State Government Procurement Law," and other relevant provisions of the State to pursue the appropriate responsibility.
For the convenience of the majority of small and medium-sized enterprises, government departments and the public to identify the type of enterprise size, the Ministry of Industry and Information Technology organized the development of small and medium-sized enterprise size type self-testing small program, and on February 27, 2020 on-line operation, in the State Council client and the Ministry of Industry and Information Technology website are linked to the vast number of small and medium-sized enterprises and all kinds of social institutions to fill in the industry to which the enterprise belongs to and the indicator data automatically Generate enterprise size type test results, has now provided the public with more than 800,000 times the query service.
When there is a dispute over the size type of SMEs, the Measures stipulate that the identification of SMEs in government procurement supervision and inspection, complaint handling and government procurement administrative penalties shall be the responsibility of the competent department of SMEs of the people's government at or above the county level of the place where the manufacturer of the goods or the supplier of the works or the services is registered, and the relevant department shall make a written reply within 10 working days after receiving the letter of assistance in the identification of SMEs. working days after receiving the letter on assistance in the identification of small and medium-sized enterprises, the relevant department shall make a written reply within 10 working days.
V. What are the suggestions for small and medium-sized enterprises to participate in government procurement activities?
A: In order to better participate in government procurement activities, and effectively safeguard their legitimate rights and interests, it is recommended that small and medium-sized focus on the following aspects:
One is to pay attention to the China Government Procurement Network, and timely discovery of business opportunities. Now the Chinese government procurement network has achieved nationwide coverage, procurement intention announcement, bidding announcement and other types of procurement information are centralized and unified in the Chinese government procurement network. It is recommended that SMEs have a designated person to keep an eye on the information on the China Government Procurement website regarding procurement intention and procurement announcements (including tender announcements, competitive negotiation announcements, competitive consultation announcements, etc.), and to refer to the content of the procurement intention announcements to select the items of interest and to make preparations for participating in government procurement in advance.
The second is to prepare relevant materials in accordance with the requirements of the procurement documents. The Measures stipulate the contents to be included in the procurement documents if the procurement project involves the procurement of small and medium-sized enterprises (SMEs). Procurement announcements publicly released on the government procurement network will set out the time, place and manner of obtaining procurement documents, small and medium-sized enterprises should follow the guidelines of the procurement announcement, timely access to procurement documents, and in accordance with the requirements of the procurement documents, carefully prepare the response documents and the "Small and Medium-sized Enterprises Declaration Letter", submitted in accordance with the specified time and manner.
Third, to cooperate with the supervision and inspection, complaint handling related investigations. In the government procurement supervision and inspection, complaint handling process needs to be recognized for small and medium-sized enterprises, do not need small and medium-sized enterprises to apply, but by the financial sector or the relevant bidding and tendering administrative supervision department to the small and medium-sized enterprises to send a letter to the competent departments, asking them to make a determination. When government departments carry out relevant investigations for the identification of small and medium-sized enterprises, suppliers should actively cooperate with the work.
Fourth, seriously study the provisions of the legal system of government procurement to safeguard the legitimate rights and interests. The Measures provide that the implementation of the price deduction or price points are not required to be added, is not in accordance with the provisions of the implementation of government procurement policies. Small and medium-sized enterprises that the purchaser, the purchasing agent did not implement the policy, the procurement process or the winning bid, the results of the transaction so that their rights and interests are harmed, can be in accordance with the provisions of the corresponding legal system to challenge, complain, and safeguard their rights and interests.