Nei Cai Buying Regulation [2022] No. 16
Budgetary Units at the Autonomous Region's Main Level, Autonomous Region's Public **** Resource Transaction Centers, Finance Bureaus of All Municipalities of the League, Finance Bureaus of the Cities of Manchuria and Erlianhot, and All Parties to Government Procurement:
In order to standardize the electronic procurement activities of government procurement projects in the region, to enhance the efficiency of government procurement and the level of service, according to the "Chinese People's Republic of China *** and the State Government Procurement Law," "Chinese People's Republic of China *** and the State Government Procurement Law Implementation Regulations," and other government procurement laws, regulations, and rules and regulations, the autonomous region of the Department of Finance has developed a study of the "Inner Mongolia Autonomous Region, the government procurement of the whole process of electronic transaction management," which are hereby issued to you,. Please follow.
Department of Finance of the Inner Mongolia Autonomous Region
August 29, 2022
Methods for the Administration of Whole-Process Electronic Transactions of Government Procurement in the Inner Mongolia Autonomous Region
Chapter I General Provisions
Article 1 For the purpose of regulating the e-procurement activities of the government procurement projects of the autonomous region (hereinafter referred to as the e-procurement activities), optimizing the business environment of the government procurement and enhancing the efficiency and service level of government procurement, and promoting the implementation of the government procurement program. Government procurement efficiency and service level, promote fair competition, and reduce the transaction costs of all parties involved in government procurement, according to the "Chinese People's Republic of China Government Procurement Law" "Chinese People's Republic of China Government Procurement Law Implementation Regulations" "Measures for the Administration of Non-tendering Procurement Methods of Government Procurement" (Ministry of Finance Decree No. 74), "Measures for Administration of Government Procurement of Goods and Services Bidding" (Ministry of Finance Decree No. 87) and other laws and regulations, combined with the actual work in our region. Laws and regulations, combined with the actual work of our region, the formulation of these measures.
The second electronic procurement activities refers to the government procurement activities carried out by the various parties involved in government procurement relying on the Inner Mongolia Autonomous Region Government Procurement Cloud Platform Government Procurement Project Electronic Transaction Management System (hereinafter referred to as the electronic transaction system). These Measures shall apply to government procurement activities implemented in the Electronic Trading System. Government procurement activities carried out in the electronic trading system shall be governed by the relevant provisions on procurement management of the electronic trading system.
Article 3 In accordance with the "*** build, *** use, *** enjoy, *** management" principle, the autonomous region of the Department of Finance is responsible for leading the construction of the region's unified electronic trading system, the alliance cities, flag counties and autonomous regions with autonomous regions **** with the use of the same, and no longer separately constructed.
Article IV of the electronic procurement activities to take graded supervision and management.
Regional Department of Finance is responsible for the planning and construction of electronic trading systems, iterative upgrading, daily operation and maintenance, supervision and management of the autonomous region at the level of e-procurement activities, and guidance to all levels of the region's financial sector to strengthen the supervision and management of e-procurement activities.
The alliance city, flag county financial departments in accordance with relevant laws and regulations to perform the supervision and management of electronic procurement activities at this level, do a good job in the process of electronic procurement activities in the day-to-day management.
Article 5 of the government procurement activities of the participants should use digital certificates or government procurement cloud platform generated account password login electronic trading system for system operation, and its operational behavior and electronic signatures, electronic seals to confirm the matters bear legal responsibility.
Chapter II electronic trading system
Article 6 The construction, operation and management of the electronic trading system should follow the "unified standards, safe and reliable, standardized and efficient, open *** enjoy" principle, in line with relevant laws and regulations, regulations and rules, to achieve the standardization and standardization of data and information, transaction processes. Standardization and normalization. It complies with relevant national laws and regulations and technical specifications, and provides technical guarantee for fair, just and open participation in procurement activities by all parties involved in e-procurement activities. It has security, confidentiality, reliability and convenience, and can realize the interconnection and data***sharing between the whole process of electronic transaction information and other sub-systems of the Inner Mongolia Autonomous Region Government Procurement Cloud Platform, and meets the requirements of information exchange and resource***sharing of government procurement data with third-party systems.
Article 7: The electronic trading system shall have the following functions:
Supporting open tendering, invitational tendering, competitive negotiation, single-source procurement, request for quotations, competitive negotiation, as well as the Ministry of Finance to determine the other procurement methods of the whole process of on-line business processing, including the signing of the entrustment agreement, the preparation of procurement requirements, procurement documents, the release of procurement information, supplier bidding, remote bid opening, site opening of bids, evaluation of bids by evaluation experts, remote off-site evaluation of bids, and other functions prescribed by the finance department in accordance with regulatory requirements.
Collecting, editing, summarizing, analyzing, transmitting, and storing information about government procurement data and identifying information to ensure that the recorded information is objective, complete, and traceable, and shall make full use of technological means to safeguard information security.
Article VIII of the electronic trading system shall make full use of digital certificates, encryption algorithms, secure transmission and other technical means to achieve encryption of key data, identity security verification and network security protection, to guard against unauthorized data manipulation, and to ensure that the data are not tampered with, not missing and traceable.
The application of digital certificates for electronic trading systems needs to comply with the requirements of the "Inner Mongolia Autonomous Region CA digital certificate interoperability construction program", shall not be limited or designated to use specific digital certificates.
Article IX Department of Finance of the autonomous region is responsible for establishing and improving the operation of electronic trading systems and security management standards, strengthen the monitoring of electronic trading systems, inspection, timely detection and elimination of hidden dangers, to ensure that the electronic trading system is safe, stable and reliable operation.
Article 10 The purchaser and the procurement agency shall strengthen the whole process of electronic trading system daily security management, the establishment of a perfect user account, authority granted, process settings and job configuration and other management mechanisms to ensure that the business process in the authorization of the scope of operation.
Chapter III Bidding and Response
Article 11 Each participant in the electronic procurement activities shall apply for or register for an account on the Inner Mongolia Autonomous Region Government Procurement Cloud Platform, carry out government procurement activities in accordance with the corresponding permissions in accordance with the law, and be responsible for the truthfulness, accuracy and legality of the information provided.
Article 12 The purchaser and the purchasing agent shall sign a commissioning agreement through the electronic transaction system. The purchaser fills in the procurement requirements through the electronic transaction system, sets the evaluation rules or methods, determines the qualification conditions of the suppliers, and the purchasing agent reviews them. The procurement agency prepares the procurement documents through the electronic transaction system, and the purchaser confirms them.
The commissioning agency agreement shall specify the scope of procurement agency, authority, duration, agency fees and standards, the agreement is canceled and terminated, liability for breach of contract and other specific matters. Both parties shall fulfill their obligations according to the content of the commissioning agreement.
Purchasers should be in accordance with the Inner Mongolia Autonomous Region Government Procurement Project Procurement Requirements Management (model) requirements in the electronic trading system to complete the filling of procurement requirements, procurement documents, procurement budget, subject matter, quantity and so on should be consistent with the relevant content of the procurement plan.
Proposed changes made by the purchaser and the procurement agent to the procurement information notice and procurement documents shall be traced in the electronic trading system. The purchaser shall confirm the completed procurement documents in a timely manner.
Article 13 The procurement information bulletin and procurement documents shall be generated and published to the Inner Mongolia Autonomous Region sub-network of the China Government Procurement Network through the electronic transaction system. If the third-party information dissemination system has the demand for obtaining or reproducing government procurement information, it shall interface with the Inner Mongolia Autonomous Region Government Procurement Cloud Platform in accordance with the Government Procurement Information **** Enjoyment Interface.
Procurement information notices and procurement documents shall contain ways and means for suppliers to participate in e-procurement activities, such as login address, login method and specific operation.
Article 14 The purchaser or the procurement agency shall issue a correction notice for clarification or modification of the issued procurement documents, and at the same time, the electronic trading system shall send the correction information to the suppliers who have obtained the procurement documents, and the clarification or modification shall be an integral part of the procurement documents.
Article 15 Where pre-qualification is used, the purchaser and the procurement agent shall issue a pre-qualification announcement in the electronic trading system and complete the work relating to pre-qualification and enter the pre-qualification results into the electronic trading system. The electronic transaction system shall treat the suppliers who have passed the pre-qualification as invited suppliers to participate in this procurement project and complete the follow-up process.
Article 16 Before the deadline for submission of bidding (response) documents, the electronic transaction system shall encrypt the information of suppliers who have confirmed their participation in bidding (response). The purchaser or procurement agent shall not require or receive any paper documents or materials from suppliers.
The electronic trading system shall support the collection and refund of bid (response) security deposit business, with online verification of virtual account number and electronic bond function. Collection of bid (response) deposit, the purchaser, the procurement agency agreed to the arrival (bond submission) deadline should be consistent with the bid (response) deadline.
Article 17 The supplier shall, in accordance with the provisions of the procurement documents and the requirements of the electronic trading system operating specifications, prepare, confirm, sign and encrypt the tender (response) documents, and upload the encrypted tender (response) documents through the electronic trading system by the deadline for submission of the tender (response) documents. If the supplier fails to upload the encrypted bid (response) documents within the specified time, it is deemed not to participate in the bidding.
Article 18 In electronic procurement activities, the purchaser, the procurement agency shall provide free procurement documents and technical guidance, and shall not require suppliers to purchase specified software, etc., as a condition for participation in electronic procurement activities.
Chapter IV Bid Opening and Evaluation
Article 19 The procurement agency shall have the necessary facilities and equipment to carry out electronic bid opening and evaluation, including bid opening and evaluation place, audio and video monitoring and storage equipment, computer equipment.
Article 20 of the electronic trading system to support on-site bid opening and remote non-meeting bid opening in two ways, the purchaser, the procurement agency shall be in accordance with the actual choice of the project bid opening, remote non-meeting shall be the main way to open the bid.
Article 21 The procurer and the procurement agency shall organize the opening of tenders through the electronic trading system in accordance with the time and place stipulated in the procurement documents, and the parties involved in the electronic procurement activities shall participate online on time.
Article 22 The purchaser and the procurement agent shall state in the procurement documents that the online decryption time for suppliers' bidding (response) documents is generally not less than half an hour.
The supplier's own reasons for the bid (response) documents are not decrypted or not completed in the specified time, as no longer participate in the government procurement activities; electronic trading system reasons for the bid (response) documents are not decrypted, the purchaser, the procurement agent may extend the time of decryption, and promptly notify the supplier concerned. If there are unforeseen circumstances during the bid opening process that make it impossible to continue the electronic bid opening, the purchasing agent, in conjunction with the purchaser, will decide whether to allow suppliers to import alternate bids to continue the bid opening.
Article 23 The purchaser carries out the authorization of the purchaser's representative through the electronic transaction system, and the procuring agent obtains the list of the results of the expert pool extraction through the electronic transaction system, synchronizes the purchaser's representative, establishes the evaluation committee and verifies the identity of the members. When there are special circumstances such as leave of absence and evasion of evaluation experts, the procurer shall complete the expert replacement draw in a timely manner according to the actual situation.
Special projects really need the purchaser in accordance with the provisions of their own choice of evaluation experts, should be set up in the electronic trading system, the evaluation committee session correctly enter the expert's name, identity card number, and verify the identity of the members.
Article 24 The members of the evaluation committee log on to the electronic trading system, in accordance with the requirements of government procurement evaluation work. The procurer and the procurement agency shall ensure that the evaluation activities are carried out in an environment of effective monitoring and security and confidentiality.
Article 25 After the staff of the procurement agency open project evaluation, each member of the evaluation committee shall read the evaluation discipline, confirm the expert information, expert disqualification confirmation, and after signing the commitment to recommend the team leader. The procurer's representative shall not serve as the head of the evaluation committee.
Where open tendering is used, the staff of the procurement agency shall first open the qualification review, and the qualification review shall be conducted by members of the qualification review team. Upon completion of the qualification review, the project shall be opened for evaluation.
Article 26 The electronic trading system shall be associated and interfaced with Credit China and the Chinese government procurement network. Purchasers, procurement agencies can query the information through the Internet or the relevant information systems, shall not require suppliers to provide.
Article 27 The evaluation committee needs suppliers to make clarifications and explanations of the tender (response) documents, shall formulate and confirm the relevant clarifications and explanatory documents through the electronic trading system, and shall reasonably give the suppliers time for clarifications and explanations according to the complexity of the clarifications and explanations.
The evaluation committee needs suppliers to negotiate, should be through the electronic trading system in accordance with the actual situation of the project to select only commitment, only offer, commitment and offer to initiate negotiations, and according to the complexity of the project to give the supplier a reasonable consultation and negotiation response time. Suppliers shall respond to consultations and negotiations in the electronic trading system in a timely manner. Failure to respond within the time specified in the final round is deemed to no longer participate in the government procurement activities.
There are valid bids (response) suppliers do not meet the specified number of requirements or violations of laws and regulations lead to stop the evaluation, the Evaluation Committee shall, in accordance with the provisions of the electronic trading system in accordance with the provisions of the law to determine the reasons for the abolition of the bid, the selection of the abolition of the bidding terms.
Article 28 After the completion of the evaluation, the evaluation committee shall review the summary of the scoring, in particular, the first ranked, the lowest price, the bid (response) documents were found to be invalid circumstances to focus on the review, and the use of electronic signature on the evaluation process documents and evaluation report for signature confirmation.
Article 29 After the completion of the evaluation, the electronic procurement activities of the participants should be completed in a timely manner in the electronic trading system credit evaluation.
Article 30 The electronic trading system shall make full use of the "Internet + government procurement" to carry out remote bid evaluation mode, to realize the resources of high-quality evaluation experts around the **** to enjoy, and to promote the improvement of the quality of government procurement evaluation.
Chapter V. Determination of results and file management
Article 31 The purchaser, the procurement agency shall determine the winning (transaction) supplier through the electronic trading system in accordance with the manner stipulated in the commissioning agent agreement. By the purchaser entrusted the evaluation committee to determine the winning (concluded) supplier, the evaluation committee shall, after the completion of the evaluation of the winning supplier to determine the book for electronic signature confirmation to determine the winning (concluded) supplier; by the purchaser in accordance with the evaluation report to determine the winning (concluded) supplier, the purchaser shall, within five working days from the date of receipt of the evaluation report, within five working days from the date of receipt of the evaluation report recommended by the evaluation report of the winning or concluded candidates according to the order to determine the winning (concluded) supplier. order to determine the successful (concluded) supplier.
Article 32 The procuring agent shall, through the electronic trading system, simultaneously issue the announcement of the successful bid (transaction) results and the notice of successful bid (transaction) within the prescribed time. Electronic trading system shall be announced at the same time as the winning (transaction) results, a separate notice of the ranking of unsuccessful suppliers; the use of comprehensive scoring method of evaluation, shall also inform the unsuccessful suppliers of the evaluation score; the use of open tendering procurement methods, shall be informed of the reasons for the qualification examination of the suppliers did not pass.
Article 33 The purchaser, the successful (closed) supplier shall be strictly in accordance with the procurement documents and bidding (response) documents of the prescribed matters in the electronic trading system to sign the procurement contract, and in the prescribed period of time to announce and record the procurement contract.
Article 34 The electronic trading system shall truthfully and completely record and save the electronic data information generated in the process of opening tenders, according to law, the public content.
Electronic trading system should be evaluated in the process of data generated by the real-time preservation and full trace. If the evaluation process generated in the evaluation of paper materials related to the procurement agency shall be uploaded to the electronic trading system in a timely manner after the end of the evaluation, as part of the evaluation report.
The electronic transaction system is responsible for generating and recording government procurement information, business processing information and document information during the whole process of the electronic transaction project, supporting automatic filing, forming electronic files, and providing online access and file download functions to the purchaser and the procurement agency.
Article 35 The procurement agency shall, in accordance with laws and regulations require the opening of bids and evaluation process for the entire audio-visual recording, timely archiving and storage of audio and video information, and is responsible for its integrity.
Article 36 The purchaser and the procurement agency shall log on to the electronic trading system within 15 working days from the date of the end of the electronic procurement activities to download the whole process of electronic transaction files of government procurement projects and save them. Other archives not recorded and preserved in the electronic transaction system shall be properly preserved by the procurer and the procurement agency in accordance with the regulations, and the preservation period of all archive documents shall be at least fifteen years from the date of the end of the procurement, so as to ensure that they can be accessed normally.
Chapter VI Dispute Handling
Article 37 In the event of any of the following circumstances, the purchaser or the procurement agency shall suspend the electronic procurement activities and retain the relevant supporting materials for inspection:
(a) the electronic trading system failure (including infection with viruses, application or database errors) and can not be used normally;
(b) due to the organization of the premises, such as power outages, network cuts, etc., which makes it impossible for the procurement activities to continue to be carried out through the electronic trading system;
(iii) other cases in which it is not possible to ensure that the electronic trading activities will be carried out in a fair, just and secure manner.
The circumstances specified in this paragraph, does not affect the fairness and impartiality of the procurement, the purchaser or the procurement agent can continue to organize procurement activities after the elimination of the above circumstances; illegal and irregular situations, affecting the fairness and impartiality of the procurement, the purchaser or the procurement agent shall abolish the bidding or terminate the procurement activities in accordance with the law.
Article 38 The presence of evaluation experts absent, shunned or health and other special reasons, resulting in the evaluation of the number of experts on-site does not meet the requirements, and can not be made up in a timely manner, the purchaser or the procurement agent shall stop the evaluation work, and at an appropriate time to re-establish the evaluation committee for evaluation and to retain the relevant supporting materials for inspection.
Article 39 of the electronic procurement activities in the process of questioning, complaints, in accordance with the "Government Procurement Challenges and Complaints" (Ministry of Finance Decree No. 94).
Chapter VII Supervision and Management
Article 40 The electronic procurement activities of the participants shall consciously accept the supervision and management of finance, audit, supervision and other relevant departments in accordance with the law. The relevant departments and their staff to perform supervisory duties shall comply with the provisions of the confidentiality of information, shall not interfere in electronic procurement activities in violation of the law.
Article 41 of the electronic procurement activities of the participants shall have the business capacity to carry out electronic transactions, the establishment of a sound management mechanism, the relevant business personnel to carry out the necessary training to ensure that the application of the electronic trading system standardized and efficient.
The financial departments at all levels may take the infrastructure for carrying out electronic procurement activities, the application and management of the electronic transaction system as an assessment and evaluation index for the purchaser or procurement agency.
Article 42 of the electronic procurement activities of the participants shall ensure the authenticity and accuracy of the information entered, proper storage of digital certificates, electronic signatures and electronic seals, due to the inaccuracy of the information entered, digital certificates, electronic signatures and electronic seals and other consequences of poor storage, shall bear the corresponding legal responsibility.
Article 43 Any unit or individual shall not forge, alter or destroy the electronic trading system information, data messages and files. Violation of the provisions, in accordance with relevant laws and regulations to pursue legal responsibility.
Article 44 of the electronic trading system contractor or operation and maintenance unit of one of the following circumstances, the autonomous region of the Department of Finance shall be corrected in accordance with the law; refused to correct, shall not be delivered for use, has been on-line operation shall cease to operate:
(a) the system functions and security management can not meet the requirements of this approach and the needs of the electronic procurement activities;
(b) violation of the regulations Charging fees for the use of electronic trading system;
(iii) Violation of the provisions of the e-procurement activities to require each participant to purchase the designated digital certificates and tools and software;
(iv) Other circumstances that undermine the legitimate rights and interests of the parties involved in e-procurement activities.
Article 45 Where the procurer, procurement agency or electronic transaction system operation and maintenance unit has the following circumstances, it shall be deemed to restrict or exclude potential suppliers, and shall be held legally responsible in accordance with the Government Procurement Law and other relevant provisions:
(i) utilizing technological means to provide differentiated information to market subjects enjoying the same authority;
(ii) refusing or restricting the right of the The public, market players free access to procurement information that must be disclosed in accordance with the law;
(iii) irregularly setting up preconditions such as registration, bidding registration;
(iv) intentionally placing obstacles to the submission or decryption of bidding documents.
Article 46 Any unit or individual in the project evaluation before the end of the electronic trading system to others to disclose the name of potential suppliers who have obtained the procurement documents, the number of bidding (response) document content or evaluation results and other information that may affect the fair competition, the financial sector at all levels in accordance with the "Chinese People's *** and the State Government Procurement Law" and other relevant provisions of legal responsibility.
Article 47 of the electronic procurement activities of the participants shall not disclose access to personally identifiable information and government procurement laws, regulations and rules should be kept confidential information, shall not be false, malicious collusion or for falsehoods, malicious collusion to facilitate. Violation of the provisions of these Measures, in accordance with relevant laws and regulations to pursue legal responsibility.
Chapter VIII Supplementary Provisions
Article 48 These Measures shall be interpreted by the Inner Mongolia Autonomous Region Department of Finance.
Article 49 The "government procurement activities of the parties", "electronic procurement activities of the parties" including the purchaser, procurement agency, suppliers and evaluation experts. The "qualification examination panel" referred to in these Measures includes the representative of the purchaser and the agency. The "evaluation committee" referred to in these measures includes the bid evaluation committee, competitive negotiation team, negotiation team, request for quotations team.
Article 50: These Measures shall not apply to emergency procurement due to severe natural disasters and other force majeure events, and procurement involving national security and secrets.
Article 51 These Measures shall be implemented after 30 days from the date of publication. In the event of adjustment of relevant state regulations, the provisions of these Measures shall be implemented in accordance with the state regulations in case of inconsistency between the provisions of these Measures and the relevant state regulations.
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