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Municipal budget authorities, district finance bureaus, relevant government procurement social agencies:
In order to implement the State Council General Office of the State Council Supervision Office "on the State Council to stabilize growth and stabilize the market to protect the employment of special supervision found in the typical problems of the circular" in the government procurement projects irregularly charged security deposit problem rectification requirements, to protect the legitimate rights and interests of market players, and further optimize the business environment, the Municipal Finance Bureau led the organization of the municipal government procurement security deposit special supervision and inspection (hereinafter referred to as "special supervision and inspection"). To further optimize the business environment, the Municipal Finance Bureau to take the lead in organizing the special supervision and inspection of government procurement deposits (hereinafter referred to as "special supervision and inspection").
A, Special supervision and inspection scope and key content
(a) Supervision and inspection of the scope of the project
? 1. All government procurement projects that have not yet returned the security deposit as of June 30, 2022 (except for government procurement project bidding projects to which the Bidding and Tendering Law applies, the same below).
2. Government procurement projects for which the collection or return of security deposits occurred between January 1 and June 30, 2022.
(2) Types of Government Procurement Security Deposit
According to the relevant laws and regulations on government procurement, rules and regulations and the relevant administrative provisions in the field of construction engineering (Annex 1), government procurement security deposit is divided into three categories:One is the bidding (response) deposit;Two is the performance bond; thirdly quality bond applicable only to construction projects.
(3) Supervision and Inspection Key Contents
The key contents of this special supervision and inspection are: (1) Whether there is any irregularity in the collection (reservation) of quality deposit in the government procurement projects of goods and services; (2) Whether there is any restriction on the way of submitting or paying the deposit; (3) Whether there is any collection of deposit exceeding the prescribed ratio; (4) Whether there is late return of the deposit; and (5) Whether there is any violation in the government procurement of goods and services. ) Whether the security deposit is returned late.
Two,Special Supervision and Inspection Schedule
The special supervision and inspection is carried out by the municipal and district finance departments at different levels and implemented in a joint manner, and *** is divided into four phases, namely, work arrangement, self-inspection and self-correction, spot-checking and review, and summarization and consolidation. Specific arrangements are as follows:
(a) Work layout stage (202220227late July)
The Municipal Finance Bureau is responsible for sending special supervision and inspection notices to the municipal budget authorities, district finance bureaus, and government procurement social agents (hereinafter referred to as social agents), and the district finance bureaus are responsible for sending special supervision and inspection notices to the district budget authorities. Municipal and district finance departments synchronized with the setup of reporting telephone and e-mail and announced to the community, respectively, to accept municipal and district government procurement projects margin issues reported reflected, reporting telephone and e-mail see "Shanghai government procurement margin special supervision and inspection of reporting contact information" (Attachment 2).
(2) self-correction stage (2022yearAugustmonths)
The city's budgetary units at all levels and the relevant social The agency shall, in accordance with the requirements of the notice of the financial department, against the relevant provisions of the government procurement deposit, the project within the scope of the special supervision and inspection of a comprehensive self-examination, focusing on the verification of the relevant provisions of the procurement contract and the deposit account transactions. If problems are found, rectification should be carried out in accordance with the principle of citing one example and correcting it immediately. Among them, the government procurement of goods and services projects in violation of the collection (reserved) quality assurance deposit, should be in accordance with the "who collects, who returns" principle, immediately return the quality assurance deposit principal and interest. Municipal and district budgetary authorities at the two levels to summarize the data of their budgetary units to fill in the self-examination form (Annex 3), before the end of August to send the same level of the financial sector; the relevant social agencies to fill in the self-examination form (Annex 4), before the end of August to the Municipal Bureau of Finance unified report.
(C) sampling review stage (2022year9months)
Combined with the situation of self-checking and self-correction and relevant Reported clues, the city and district finance departments were selected part of the budget unit to carry out random checks and reviews, the City Finance Bureau combined with the 2022 annual supervision and evaluation of social agencies, selected part of the social agency in conjunction with the district finance department **** with the random checks and reviews, in accordance with the law to deal with the government procurement project deposit collection and refund of irregularities that exist in the. For goods and services government procurement project irregularities in the collection (reserved) quality assurance deposit issues, if the self-correction phase is not timely rectification, the financial sector will be seriously dealt with in accordance with the law responsible for the main body, and will be notified.
(4) summarize and consolidate the stage (20222022Octobermonths)
District Finance Bureaus on 2022 Before October 15 to form this level of government procurement project margin special supervision and inspection work report, the municipal finance bureau to summarize the municipal level and district supervision and inspection results, the formation of the municipal government procurement margin special supervision and inspection work report, on the basis of which, the full application of the results of this special supervision and inspection, to further standardize and improve the management of government procurement security deposit.
Three, special supervision and inspection requirements
The city budget units at all levels, the relevant social agencies should be in accordance with government procurement laws and regulations and relevant systems, comprehensive and in-depth investigation of government procurement security deposit collection and refund may exist, and to effectively protect the legitimate rights and interests of suppliers.
a to raise awareness, attach great importance to this special supervision and inspection work, firmly establish the awareness of procurement in accordance with the law, carefully study the government procurement laws and regulations and rules involving the deposit of the relevant provisions, the organization of special forces to focus on self-examination, if found problems should be immediately rectified.
The second is to comprehensively sort out the supervision and inspection of government procurement projects involved in the collection of security deposits, the specific situation of the refund, really do to get to the bottom of the bottom, according to the results of the self-examination of the truthful filling in the relevant data and information, to ensure that the authenticity of the reported material and completeness.
Thirdly, we should take this special supervision and inspection as an opportunity to comprehensively clean up and correct the problems of government procurement deposit collection and refund, and further strengthen the internal control management of the unit, to prevent violations of the law.
This notice is hereby given.
Attachment: 1?...? Excerpts from the relevant provisions of the government procurement bond
? 2 . Shanghai Municipal Government Procurement Margin Special Supervision and Inspection Reporting Contact Information
3. Government Procurement Margin Special Supervision and Inspection Self-Investigation Form (Budget Master
Management Department/Budget Unit)
4. Government Procurement Margin Special Supervision and Inspection Self-Investigation Form (Social Agent
Processing Organization)
Shanghai Municipal Bureau of Finance
Shanghai Municipal Finance Bureau
July 22, 2022