In order to further deepen the reform of the government procurement management system, optimize the business environment, standardize the behavior of the budget unit government procurement, the full implementation of the budget unit purchasers (hereinafter referred to as the main responsibility of the purchaser), according to the "Chinese People's Republic of China *** and the State Government Procurement Act" and related laws and regulations and systems, is now on the further implementation of the main responsibility of the purchaser of the county work to notify the following :
I, attaches great importance to the implementation of the main responsibility of the purchaser of the significance
Government procurement covers a wide range of policies, strong, high social concern. In the current government procurement activities, strengthen the duties and obligations of the purchaser, the implementation of the main responsibility of the purchaser, is conducive to effectively improve the quality and efficiency of government procurement work, improve the effectiveness of the use of financial funds, and is conducive to further increase the anti-corruption efforts in the field of government procurement. Purchasers should attach great importance to government procurement work, take practical measures to grasp the key links, standardize procedures in accordance with the law, and fully implement the main responsibility of the purchaser.
Two, to further clarify the scope of the main responsibility of the purchaser
According to government procurement laws and regulations, the purchaser is responsible for the initiation of government procurement projects, organization, implementation and acceptance of the work, the specific statutory duties include:
(a) the development of a sound internal control system of government procurement. The purchaser shall, in accordance with the requirements of the Ministry of Finance's Guidance on Strengthening Internal Control Management of Government Procurement Activities (Caiku [2016] No. 99), formulate its own internal control management system for government procurement, and regulate the organization and leadership, division of responsibilities, establishment of rules and regulations, procedural norms, and operation and supervision of government procurement within the unit.
(ii) the preparation of government procurement budget and procurement plan. Purchasers should be in the preparation of the annual departmental budget and the preparation of government procurement budget, strictly prohibit "no budget procurement" or "over-budget procurement", strictly prohibit the avoidance of government procurement in a piecemeal manner, the subject matter of the procurement should be in line with the actual needs of the purchaser, the configuration of assets and the cost of the fixed standard and other provisions. The subject matter of the procurement shall conform to the actual needs of the purchaser, the configuration of the assets, and the cost quota standards. After the approval of the government procurement budget is issued, the purchaser shall reasonably prepare the procurement plan, start the procurement preparation in time, and reserve sufficient time for the procurement.
(3) The procurement agency shall be determined independently on the basis of merit. Government procurement projects to implement the procurement agency commissioned by the agency, the purchaser shall, in accordance with the principle of "fair and impartial, competitive and selective" to determine the agency, signed a commissioning agreement, a clear scope of commissioning and the rights and obligations of both parties and other matters, and the agency's agency activities in the implementation of supervision and evaluation.
(d) market research and formulate public procurement intentions open. Purchasers should carry out adequate research on the subject matter of the procurement of market conditions, etc., to develop a complete and clear criteria for procurement needs, and intention to publicize, intention to publicize not less than 30 days calibration. If necessary, it should seek the views of relevant suppliers, experts, the government to the public **** service project procurement needs, should seek the views of the public.
(v) review and confirmation of procurement documents and other procurement instruments. Procurers should be prepared by the agency procurement documents (including all types of procurement notices, bidding documents, competitive negotiation documents, competitive consultation documents, notice of request for quotations, modification or clarification of the announcement, etc.) to review, in writing, feedback to confirm, and the existence of illegal and irregularities in the procurement documents in accordance with the law to bear the corresponding responsibility.
Procurement documents shall not be set in violation of the principle of fair competition: 1. Setting unreasonable enterprise qualifications, location and other restrictive provisions and hidden thresholds; 2. To the enterprise registered capital, total assets, business income, profits, tax payments and other scale conditions and financial indicators as the supplier's qualification requirements or evaluation factors; 3. In the enterprise shareholding structure, years of experience in business on the Differential or discriminatory treatment of small and medium-sized enterprises; 4. Violation of government procurement laws and regulations, business environment and other provisions of the document.
At the same time, according to the characteristics of the project, in accordance with the law to implement the function of government procurement policy.
(F) Confirmation of the winning (transaction) results and sign the contract on time. The purchaser shall, within the specified time, confirm the winning (transaction) results, the confirmation shall be signed by the person in charge of the unit and stamped with the official seal of the unit, or through the electronic trading platform online confirmation, in accordance with the law to determine the final winning (transaction) supplier. Within 7 working days from the date of issuance of the notice of award, a government procurement contract shall be signed with the successful (concluded) supplier in accordance with the matters determined in the procurement documents. Within 2 working days from the date of signing the contract, the purchaser shall complete the contract filing in the Anhui Provincial Government Procurement "Hui Caiyun" supervision system. The purchaser shall not illegally change the results of the winning bid (transaction), and shall not put forward any unreasonable requirements to the winning (transaction) supplier as a condition for signing the contract. The relevant provisions of the Civil Code shall apply to the fulfillment of government procurement contracts, the disposition of disputes and the pursuit of responsibility for breach of contract.
(VII) Strict contract additions. In the performance of government procurement contracts, if the purchaser needs to add goods, works or services identical to the subject matter of the contract, he may negotiate with the supplier to sign a supplemental contract without changing the other terms of the contract, but the procurement amount of all supplemental contracts shall not exceed 10% of the procurement amount of the original contract.
(viii) the strict implementation of the government procurement advance payment system. Purchasers should be agreed in the government procurement contract prepayment ratio for small and medium-sized enterprise contract prepayment ratio is in principle not less than 40% of the contract amount, not more than 70% of the contract amount; project budget in annual arrangements, the annual prepayment ratio is not less than 40% of the annual plan to pay the amount of the project, not more than the amount of the annual plan to pay the amount of 70%. Government procurement advances shall be paid within five working days after the contract, security measures come into effect and the conditions for implementation. Government procurement works as well as goods and services related to the construction of the project, the use of bidding method of procurement, the advance payment from its provisions.
(ix) organization performance acceptance and payment according to the contract. The purchaser shall organize performance acceptance within five working days after the completion of the project and receipt of the application for acceptance by the supplier. Government to the public to provide public **** service projects, acceptance should be invited to participate in the service recipients and issue opinions, acceptance results should be announced to the community. For projects that meet the conditions for payment, funds shall be paid to the contractually agreed supplier's account within seven working days after receipt of the invoice, and an audit shall not be conducted as a condition for payment to the supplier. The purchaser shall not delay payment on the grounds of organizational changes, personnel turnover, policy adjustments, or fulfillment of internal payment processes.
(x) Investigating and responding to inquiries or challenges from suppliers. The purchaser shall attach great importance to the supplier's inquiries or challenges, based on full investigation and research, the inquired, questioned matters exist or may exist illegal, unreasonable circumstances, shall promptly correct itself and reply in writing, for the inquired, questioned matters are not in violation of the laws and regulations, the written response shall state the specific reasons and justifications.
(k) with the financial sector to carry out complaint handling or supervision and inspection investigations. The financial sector in accordance with the law to carry out complaint investigations or implementation of supervision and inspection, to the written review. Procurers should be based on the requirements of the financial sector to give active cooperation, to assist in the investigation and evidence collection, and the authenticity of the information provided, and is responsible for completeness.
(xii) do a good job of public procurement information. Purchasers should be in accordance with the "Government Procurement Announcement and Information Format Specification (2020 Edition)" requirements in the "Anhui Provincial Government Procurement Network" to publish the procurement intent, procurement announcements, modifications or clarifications of the announcement, the winning (transaction) results announcement, the announcement of the procurement documents, the announcement of the government procurement contract, the procurement of imported products or to change the procurement method. Expert opinion and other information.
(xiii) the establishment of complete government procurement files. The purchaser shall keep the procurement project files in accordance with the law, the retention period of the procurement documents for at least fifteen years from the date of the end of the procurement. Procurement documents include records of procurement activities, procurement budgets, bidding documents, bidding documents, bid evaluation criteria, evaluation reports, bidding documents, contract text, acceptance certificates, responses to queries, complaint handling decisions and other relevant documents and information.
(xiv) Strengthening the use of the "Hui Caiyun" supervision system and "Hui Caiyun" electronic stores. Procurement of centralized purchasing directory and outside the directory of goods, services, works above the limit standard, should be implemented through the "Hui Caiyun" monitoring system. Which meets the online shopping mall procurement, should be implemented through the "Hui Caiyun" e-store procurement.
(xv) centralized government procurement directory, government procurement limit standards and public tender amount standard.
1. Centralized government procurement catalog
In accordance with the "Anhui Provincial Government Centralized Procurement Catalog and Standards (2022) Edition".
2. Online shopping mall procurement items: desktop computers, portable computers, inkjet printers, laser printers, pin printers, LCD monitors, scanners, operating systems, office software, antivirus software, copiers, projectors, MFPs, shredders, air-conditioners.
3. Government Procurement Limits
(1) Decentralized Procurement Limits: 300,000 yuan for goods and services, and 600,000 yuan for engineering projects.
(2) public tender amount standard: government procurement of goods or services projects, a single procurement budget of up to 4 million yuan, must be open tender. Government procurement projects, as well as goods and services related to engineering and construction public tender amount standard in accordance with the relevant provisions of the State Council.
Three, accelerate the implementation of the main responsibility of the purchaser in place
(a) strengthen the unit organization and leadership. Procurers should be set up by the unit of government procurement work leading group, specifically responsible for coordinating the planning unit annual and medium- and long-term procurement plan, establish and improve the unit's internal control and management mechanism, coordinate the division of labor within the unit of the relevant departments, supervise the procurement activities.
(ii) accelerate the process of establishing rules and regulations. Each buyer should be on the procurement budget, agency selection, procurement methods to determine the public research, government procurement intentions, information disclosure, contract signing, performance acceptance, major decision-making, internal oversight, and other key aspects of the development of a complete system, the main responsibility for government procurement is broken down and implemented to the person. Through the "system of control, system of control" way to regulate the unit of government procurement behavior.
(C) the establishment of government procurement liaison system. Procurer units should be clear government procurement liaison, lead host or coordinate the organization of the unit to effectively perform the main duties of the purchaser.
(d) consciously accept the supervision of the administrative departments. Each purchaser should strengthen the contact with the administrative departments, timely reporting of government procurement work, and actively accept the supervision and management of the administrative departments.
Attachment: list of illegal matters of government procurement purchasers
Dangshan County Finance Bureau
September 1, 2022
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