Municipal Units, Government Procurement Agencies and Evaluation Experts:
In order to promote the standardization and professional development of government procurement agencies, and to create a competitive and orderly market environment for government procurement, and in accordance with the "People's Republic of China **** and State Government Procurement Law and its implementing regulations, the Ministry of Finance on the issuance of the Interim Measures for the Management of Government Procurement Agencies (Caiku [2018] No. 2), Hubei Provincial Government Procurement Agencies Score Management Measures (Trial) (E Caizai Regulation [2022] No. 3) and other provisions, combined with the actual situation in our city, the Bureau has drafted the present approach. Now forwarded to you, please August 17 before the relevant comments written feedback to the designated mailbox, the late feedback is considered no comments.
Attachment: "Jingmen Municipal Government Procurement Agencies Score Management Measures (Trial)" (Draft)
Jingmen Municipal Bureau of Finance
August 9, 2022
(Contact Tel: 6663037; Contact Email: 274922758@qq.com)
Jingmen Municipal Government Procurement Agency score management measures
(Trial)(Draft)
Chapter I General Principles
Article 1 In order to promote the standardization and professional development of government procurement agencies, and to create a competitive and orderly environment in the government procurement market, according to the "People's Republic of China*** and the State Government Procurement Law" and its implementing regulations, the "Ministry of Finance on the issuance of the "Interim Measures for the Management of Government Procurement Agents Interim Measures for the Management of Interim Measures" (Caiku [2018] No. 2), "Hubei Provincial Government Procurement Agencies Score Management Measures (Trial)" (E Caizai Regulation [2022] No. 3) and other provisions, combined with the actual situation in the city, the development of this approach.
Second The government procurement agency referred to in these measures (hereinafter referred to as the agency), refers to the qualifications recognized by the financial sector at or above the provincial level (including the agency registered in Hubei Province and registered outside the province to practice in the province of the agency), and the Jingmen City Bureau of Finance registered for the record, in the administrative region commissioned by the purchaser to engage in the business of government procurement agency social intermediary institutions.
Article 3 The full-time practitioners of the agency referred to in these measures (hereinafter referred to as full-time personnel), refers to the agency signed a labor contract with the agency by the agency to pay social insurance premiums according to law full-time personnel, excluding financial, administrative and other non-business personnel, excluding retired, outside, part-time personnel.
The agency shall regulate the management of government procurement agency business, improve the professional service level of consulting and investigation of procurement needs, preparation of procurement documents, the preparation of contract text and optimization of procurement procedures, and strengthen the training of full-time staff to continuously improve their professionalism and professional skills.
Article IV of the Municipal Finance Bureau is responsible for organizing and carrying out the agency of the government procurement projects at this level of the agency's score management. Agencies involved in illegal behavior should be given administrative penalties, the Municipal Finance Bureau in accordance with the "Chinese People's Republic of China *** and the State Government Procurement Law" and its implementing regulations and other laws and regulations to deal with, penalties.
Chapter II agency management
Article 5 agencies in the city agency government procurement business should have the following conditions:
(a) the ability to independently assume civil liability;
(b) the establishment of a sound internal control system of government procurement;
(c) have no less than five familiar with government procurement laws and regulations, With the preparation of procurement documents and organization of procurement activities and other appropriate ability of full-time staff;
(d) with independent office space and the necessary office conditions for the agency's government procurement business;
(e) in its own premises to organize the evaluation work, should have the necessary evaluation of the venue, audio and video recording and other monitoring equipment and facilities.
Article VI meets the conditions of practice of the agency in the "China Government Procurement Network" (www.ccgp.gov.cn) to complete online registration, and then in the "China Hubei Government Procurement Network" (www.ccgp-hubei.gov). hubei.gov.cn) in accordance with the process of registration, registration can be enabled after the success of the release of government procurement information and extraction of government procurement evaluation expert account and password. Agency registration, registration is required to fill in the following information:
(a) agency name, unified social credit code, office address, contact phone number and other institutional information;
(b) legal representatives and full-time staff of personal information such as valid identification, where the agency in the last 1 month for the full-time staff to pay social insurance premiums related to proof;
(c) internal oversight management system, including the following ) internal oversight management system, including: job responsibility system, staff code of practice, staff training management system, workflow control system, regular staff rotation system, procurement documents preparation and review system, procurement file management system, integrity system, etc.;
(d) in its own premises to organize the evaluation work, should be provided to evaluate the address of the premises, evaluation room photos, real-time monitoring Equipment and facilities;
(e) Provincial financial departments require other materials.
The agency is responsible for the authenticity of the registration and registration information.
Article VII of the agency registration information changes should be made within 10 working days from the date of change in the "China Government Procurement Network" and "China Hubei Government Procurement Network" to update the registration and registration information.
Article VIII of the provincial Department of Finance relying on the "China Hubei government procurement network" to establish a directory of government procurement agencies and open to the public. Purchasers should be based on the project characteristics, the agency's areas of expertise and score assessment results, etc., from the directory of the independent selection of the agency. Procurers should improve the internal control system and the agency in and out of the mechanism, regular dynamic adjustment, and accept the supervision of all parties.
No unit or individual shall not interfere with the purchaser's own choice of agency by shaking, drawing, selection and other means.
Article IX agency commissioned by the purchaser for procurement matters, shall sign a commissioning agency agreement with the purchaser, clear procurement agency scope, authority, duration, file preservation, agency fees and standards, agreement on the termination of the termination of the agreement, liability for breach of contract, and other specific matters, agree on the rights and obligations of both parties.
Article X agency shall be strictly in accordance with the agreement of the commissioning agent in accordance with the law to carry out government procurement agency business, the relevant bid opening and evaluation activities should be audio-visual recording of the whole process, the audio-visual recording should be clear and legible, audio-visual information in accordance with the requirements of archive management is properly preserved.
Article XI of the business registration in the administrative region of Hubei Province, the agency cancellation, should be transferred to the relevant purchaser files, shall not be destroyed without authorization, and submit a written application in a timely manner to the Provincial Department of Finance, for directory cancellation procedures. At the same time reported to the Municipal Finance Bureau for the record and explain the reasons for the cancellation of the malicious cancellation due to avoidance of inspection, concealment of illegal acts, etc., the Municipal Finance Bureau will be dealt with strictly according to law.
Chapter III points assessment
Article XII of the points assessment of the agency's internal management, business operations and other quantitative comparison of management measures. Municipal Finance Bureau of the agency score management to take daily supervision, special inspections combined approach, and according to the actual situation from time to time to organize business training, exams (competitions), etc., the agency should actively participate in the relevant situation into the score assessment.
Municipal Finance Bureau points, should be issued in writing to the agency notification of points (see Annex 1), and points in the "China Hubei Government Procurement Network" for the announcement.
Article XIII of the points for the assessment of the points for the implementation of this approach to the date of each natural year, each cycle of points is 12 points.
Article XIV of the agency's violations of the demerit points, based on the severity of their violations, respectively, 3 points, 6 points and 12 points. Repeated violations of the law, according to the number of points accumulated.
Article XV of the agency has the provisions of this approach other than illegal behavior, such as being reported, reported and substantiated, the Municipal Finance Bureau may refer to this approach to similar nature of the situation points.
Article XVI of a full cycle of demerit points, demerit points accumulated less than 12 points, the cycle of demerit points to be eliminated, not transferred to the next demerit points cycle.
Article XVII of the Municipal Finance Bureau of a demerit cycle of 12 points of the agency for an interview and issued a rectification notice (see Annex 2), rectification time of 90 days; two consecutive demerit cycles are full of 12 points, the second rectification time of 180 days; three consecutive demerit cycles are full of 12 points, the third rectification time of 360 days.
The Municipal Finance Bureau will regularly rectify the agency list and score ranking on the official website of the Municipal Finance Bureau for external publicity, while the rectification period of the agency as a key target of supervision. Purchasers entrusted to the rectification period of the agency agency government procurement business, the need to make a written statement to the Municipal Finance Bureau in advance.
Article XVIII of the agency in the province of the existence of branch offices, as the same agency. Agencies by more than one financial department points, by the financial department in each point cycle of the final 12 points issued a notice of rectification.
Article 19 If an agency disagrees with the demerit points or the rectification decision, it may submit a written explanation to the financial department that issued the notice within 7 working days from the date of receiving the demerit points notice or the rectification notice.
Article 20 The agency shall formulate a rectification plan within 7 working days after receiving the rectification notice and report it to the financial department making the decision for the record. The agency shall organize the rectification strictly according to the rectification plan. Rectification includes, but is not limited to: the organization of full-time staff training, improve internal regulations, standardize the operating procedures, etc., to enhance the business quality of full-time staff and the overall management level of the company.
Article 21 of the rectification period and complete the rectification of the agency shall be rectified in writing to the decision of the financial sector for the record, the implementation of the agency, "a case a file" management.
Chapter IV Score and points
Article 22 of the agency and its staff have one of the following behaviors, a score of 3:
(a) in the procurement of one of the following circumstances exist in the preparatory process:
1. Not with the purchaser signed a commissioning agency agreement or commissioning agency agreement is not in compliance with the contents of the agreement;
2. Proxy procurement of imported products not in accordance with the provisions of the implementation;
3. Proxy did not follow the requirements of the intention to open procurement projects;
4. Failure to implement the procurement in a timely manner, resulting in delays in procurement.
(2) In the preparation of procurement documents in one of the following cases:
1. Charging fees for procurement documents in violation of the law;
2. Failure to provide procurement documents within the time specified in the procurement documents;
3. Setting conditions for obtaining access to the procurement documents or examining the qualification conditions of the suppliers in advance when providing the procurement documents;
4. Issuance of the procurement documents Procurement documents issued by the incomplete or incorrect, contradictory provisions, there are ambiguities;
5. Procurement documents do not reflect the function of the relevant government procurement policies, such as the requirements of the small and medium-sized enterprises to set aside a share of the procurement, the implementation of small and medium-sized enterprises to evaluate the preferential policies, and did not make clear that the "government procurement loan" related policies;
6. . suppliers have been submitted in accordance with the provisions of the various types of statements, letters of commitment, but still require it to provide relevant documents issued by the relevant departments;
7. Comprehensive scoring method using the evaluation criteria in the evaluation of the points set up in the quantitative indicators do not correspond to the evaluation of the factors;
8. Unreasonable conditions for the implementation of the differential treatment of the supplier or discriminatory treatment.
(C) in the process of publishing procurement information in one of the following circumstances:
1. Not in accordance with the requirements and time limits for the release of government procurement information or the release of the information content is incomplete, wrong, or on the same procurement project issued two or more times and the content of the same procurement information;
2. Not in accordance with the time limit for the release of the winning bid (transaction) results or release of the winning bid (Transaction) results without simultaneous announcement of the procurement documents;
3. Failure to issue the winning (transaction) announcement at the same time as the notice of the winning (transaction);
4. Unauthorized change of location, without timely announcement of the corrected information or failure to notify in writing;
5. Required by law to terminate the procurement activities, failure to issue a notice of the termination of the project and the reasons for it;
6. The necessary clarification or modification of the issued procurement documents, not published in the original announcement of the media correction announcement, and failed to timely inform all potential suppliers who have access to the procurement documents;
7. Procurement documents to provide, clarification, modification, extension of the deadline for bidding (response) or to adjust the date of the opening of bids (response), etc., is not carried out in accordance with the specified time.
(d) in the organization of procurement activities in the process of one of the following circumstances:
1. Not according to the procurement documents on time to organize and carry out procurement activities;
2. Procurement activities before the commencement of the relevant preparatory work is not adequate, affecting the normal evaluation;
3. In the evaluation of the assessment work before the commencement of the assessment of the committee members did not cell phones and other communication tools or related electronic equipment in a unified custody. Tools or related electronic equipment for safekeeping, or members of the evaluation committee refused to hand over, but did not refuse to participate in the evaluation work;
4. Failure to verify the identity of members of the evaluation committee, informed of the requirements for evasion, or did not announce the evaluation of the work of the discipline and procedures;
5. Failure to the procurement documents related to the abolition of the bid, invalid bid, invalid offer and other relevant important contents to be Read out, did not remind the evaluation committee members to carefully check the procurement documents qualifications, scoring criteria for the relevant provisions;
6. In the bid opening and evaluation process, did not ensure that members of the bid evaluation committee and the bid opening, singing the bidding site separate;
7. In the evaluation process, the evaluation experts to read the procurement documents and tender (response) documents is not enough time, or without justifiable reasons to urge evaluation Experts as soon as possible to end the evaluation;
8. Failure to set unreasonable scoring criteria in the procurement documents, procurement requirements put forward proposals for correction, resulting in the majority of experts can not understand can not continue to evaluate;
9. In the organization of the opening of bids, the evaluation process, there is a tendency to explain or illustrate;
10. Organizational review of samples and samples of custody does not comply with the relevant provisions of the evaluation;
11.
11. Using the lowest bid evaluation method, the project, there is a non-minimum bidding situation, did not remind the jury on the low price of the reasons for failure to make a statement, and to be recorded in detail;
12. Failure to check the results of the evaluation, did not ask the bid evaluation committee to review or written justification for the inconsistency of the objective points scoring, scoring of the sub-items beyond the scope of the scoring criteria, the score summary Calculation errors or abnormally high, abnormally low significant differences in scoring;
13. Government procurement activities related to the content of the record is incomplete, inaccurate;
14. Failure to re-assessment of the organization in accordance with the provisions.
(E) in the performance acceptance and evaluation process of one of the following circumstances:
1. According to the procurer entrusted to the procurer did not timely organize the procurer and the winning or successful supplier within the prescribed time to sign a government procurement contract, or did not timely assist the procurer in the acceptance of the procurement project;
2. Evaluation of the evaluation of the evaluation experts performance of their duties is inaccurate or malicious evaluation, the evaluation of the The expert complaint is valid.
(F) in the file management and internal control system in the construction of one of the following circumstances:
1. Failure to formulate and implement the government procurement file management system, or government procurement filing information is incomplete and untimely;
2. Filing documents of the same procurement project and the issuance of the procurement documents, the content of the online announcement of the information is inconsistent;
3. Agency internal management system is not sound, or not in accordance with the implementation of the management system;
4. Agency did not organize regular study and training of full-time staff;
5. Agency in the City Bureau of Finance organization of the number of qualified in the business examination less than five;
6. Agency without reason not to participate in the City Bureau of Finance organization of the business training, exams (competitions) and so on.
Article 23 of the agency and its staff have one of the following behaviors, a 6 points:
(a) in the process of pre-procurement preparations for the existence of one of the following circumstances:
1. unauthorized agent without the filing of the procurement implementation plan for government procurement projects;
2. unauthorized agent should be implemented by the centralized purchasing agency of government procurement projects
3. Knowing that the purchaser violates the set alternative pool, directory, qualification pool as a qualification condition for participation in government procurement activities, still acting as an agent of such government procurement projects;
4. Not in accordance with the Government Procurement Law and its regulations on the manner of implementation of the procurement;
5. Not in accordance with the provisions of the implementation of the whole process of e-procurement.
(B) in the organization of procurement activities in the process of one of the following circumstances:
1. Assigning part-time practitioners to carry out government procurement business alone;
3. Not in accordance with the law from the Government Procurement evaluation of experts drawn from the expert pool of assessment;
2. Not in accordance with the provisions of the opening of bids, the evaluation of the activities of the whole audio-video recording, audio-video recording is not clear and discernible Of;
4. Procurement activities on-site organizational chaos, and evaluation of personnel unrelated to the evaluation of the site, the evaluation process, members of the evaluation experts and on-site staff to view or use cell phones and other communication tools, randomly in and out of the scene;
5. Unlawful intervention in the procurement evaluation, or through the testing of samples, suppliers to visit the review results of the change;
6.
6. Guiding or assisting the purchaser to operate in violation of the law;
7. During the evaluation process and after the completion of the evaluation work, found or should have found that members of the evaluation committee and other unrelated persons to record, copy, or take away any evaluation information, and failed to stop;
8. Illegal collection of the bid bond and performance bond;
9. Agency Organization of re-assessment, the challenge response led to a change in the results without the required written report on the situation for the record of the Municipal Finance Bureau.
(C) in the process of handling inquiries and challenges in one of the following circumstances:
1. Refusal to accept the statutory period of eligible suppliers to make inquiries and challenges;
2. Failure to respond to the supplier's inquiries and challenges in accordance with the provisions of the reply;
3. Inquiries and challenges to the reply does not address the inquiries and challenges to the matters that have led to the establishment of the complaint or within a year Received three or more complaints;
4. Inquiry, challenge response contrary to the objective facts, or in the process of dealing with the violation of relevant confidentiality provisions;
5. Failure to report to the Municipal Finance Bureau in accordance with the provisions of the information on the status of the handling of the challenge;
6. In the processing of inquiries, queries, there are other violations of law in the process.
(d) in cooperation with the financial sector in the process of one of the following circumstances:
1. After receiving a copy of the complaint served by the Municipal Finance Bureau, did not report to the Municipal Finance Bureau in accordance with the provisions of the situation, did not submit the relevant evidence, justification, and other relevant materials;
2. Concealment of reports, false reports, misreporting, or failure to provide the relevant information required by the Municipal Finance Bureau in a timely manner;
3.
3. In the various types of inspections organized by the Municipal Finance Bureau, does not cooperate with the relevant work;
4. Inspection found that the agency does not have the relevant conditions of Article 5 of these Measures;
Article 24 The agency and its staff have one of the following acts, a record of 12 points:
(a) suspected of falsifying information:
1. Agency registration information to provide false and falsified materials;
2. Provide false information in the supervision and inspection carried out by the relevant departments in accordance with the law;
3. Violation of the provisions of the concealment, destruction of procurement documents should be preserved, or forgery, alteration of procurement documents.
(2) suspected bid-rigging:
1. agency practitioners maliciously denigrate, ostracize other agencies, or instigate suppliers to maliciously complain;
2. malicious collusion with the purchaser, suppliers, evaluation experts;
3. Acceptance of bribes or obtaining other undue benefits in the procurement process;
4. Disclosure of the name, number of potential suppliers who have obtained the procurement documents, bidding and evaluation experts and other information, or other relevant bidding and tendering situation that may affect fair competition.
(C) suspected of irregularities in the agency:
1. agency in the procurement project represented by the bidding or agent bidding, or for the participation of bidders in the procurement project represented by the bidder to participate in the project to provide bidding consulting;
2. to obtain the business of the government procurement agency by improper means;
3. three or more complaints within one year and established.
(d) other violations:
1. The original agency to avoid inspection, concealment of illegal acts and other malicious cancellation, and set up a separate new agency, which was found by the relevant departments;
2. For the need to rectify the content of the rectification period is not rectified.
Chapter V Supplementary Provisions
Article 25 These measures shall be interpreted by the Municipal Finance Bureau.
Article 26 These Measures shall be implemented on a trial basis from September 1, 2022 onwards.
Attachment 1
Notice of Demerit Points for Government Procurement Agencies
_______:
Because of your company's ________ situation in the _________ project (Procurement Item No. ), according to the "Measures for Demerit Points Management for Government Procurement Agencies of Jingmen Municipal Government (Trial)", you will be credited with ___ points.
This is hereby notified.
Municipal Government Procurement Office (Seal)
Year Month
Attachment 2
Government Procurement Agencies Rectification Notification Letter
__________:
Your company, in the demerit points assessment from year month to year month, has accumulated the first demerit point*** demerit point, demerit point value of the full (more than) 12 points. According to the provisions of "Jingmen Municipal Government Procurement Agencies Score Management Measures (for Trial Implementation)", your company is required to carry out rectification. Rectification time **** days (from year month to year month).
This notice is hereby given.
Municipal Finance Bureau (seal)
Year Month
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