Provisions on Internal Financial Procurement [2022] 16
Autonomous region level budget units, autonomous region public resources trading center, municipal finance bureau, Manzhouli, Erenhot Finance Bureau, government procurement parties:
In order to standardize the electronic procurement activities of government procurement projects in the whole region and improve the efficiency and service level of government procurement, according to the government procurement laws, regulations and rules such as the People's Republic of China (PRC) Government Procurement Law and the Regulations for the Implementation of the People's Republic of China (PRC) Government Procurement Law, the Finance Department of the Autonomous Region has studied and formulated the Measures for the Administration of Electronic Transactions in the Whole Process of Government Procurement in Inner Mongolia Autonomous Region, which are hereby printed and distributed to you. Please follow them.
Inner Mongolia Autonomous Region Finance Department
August 29(th), 2022
Measures for the administration of electronic transactions in the whole process of government procurement in Inner Mongolia Autonomous Region
Chapter I General Principles
Article 1 In order to standardize the electronic procurement activities of government procurement projects in the autonomous region (hereinafter referred to as electronic procurement activities), optimize the business environment of government procurement, improve the efficiency and service level of government procurement, promote fair competition, and reduce the transaction costs of all participants in government procurement, in accordance with the People's Republic of China (PRC) Government Procurement Law, the Regulations for the Implementation of the People's Republic of China (PRC) Government Procurement Law, and the Measures for the Administration of Non-Bidding Procurement Methods of Government Procurement (Order No.74 of the Ministry of Finance).
Article 2 E-procurement refers to the government procurement activities carried out by all participants in government procurement relying on the electronic transaction management system of government procurement projects in Inner Mongolia Autonomous Region (hereinafter referred to as the electronic transaction system). These Measures shall apply to the government procurement activities implemented in the electronic trading system. The government procurement activities carried out in electronic stores shall be implemented in accordance with the relevant provisions of the procurement management of electronic stores.
Article 3 In accordance with the principle of "* * * construction, * * * use, * * * enjoyment and * * * management", the Finance Department of the autonomous region is responsible for taking the lead in building a unified electronic trading system in the whole region, which will be used by all league cities, counties and autonomous regions at the same level, and will not be built separately.
Article 4 E-procurement activities shall be supervised and managed at different levels.
The finance department of the autonomous region is responsible for the planning and construction, iterative upgrading and daily operation and maintenance of the electronic trading system, supervising and managing the electronic procurement activities at the corresponding level in the autonomous region, and guiding the financial departments at all levels in the region to strengthen the supervision and management of electronic procurement activities.
The financial departments of each Union city and counties shall, in accordance with relevant laws, regulations and rules, perform their duties of supervision and management of electronic procurement activities at the corresponding level and do a good job in the daily management of electronic procurement activities.
Article 5 All participants in government procurement activities shall use the digital certificate or account password generated by the government procurement cloud platform to log in to the electronic trading system for system operation, and bear legal responsibility for their operation behavior and matters confirmed by electronic signature and seal.
Chapter II Electronic Trading System
Article 6 The construction, operation and management of an electronic trading system shall follow the principles of "unified standards, safety, reliability, standardization, high efficiency and open sharing", conform to the provisions of relevant laws, regulations and rules, and realize the standardization and normalization of data information and trading processes. Abide by relevant national laws, regulations and technical specifications, and provide technical support for all participants in e-procurement activities to participate in procurement activities fairly, justly and openly. It is safe, confidential, reliable and convenient, and can realize the interconnection and data sharing between the whole process electronic transaction information and other subsystems of the government procurement cloud platform in Inner Mongolia Autonomous Region, and meet the requirements of information exchange and resource sharing of government procurement data with third-party systems.
Article 7 An electronic trading system shall have the following functions:
Support public bidding, invitation bidding, competitive negotiation, single-source procurement, inquiry and competitive negotiation and other procurement methods recognized by the Ministry of Finance, including signing entrustment agreements, preparing procurement requirements and documents, publishing procurement information, supplier bidding, remote bid opening, on-site bid opening, expert evaluation, remote bid evaluation in different places and other functions stipulated by the financial department according to regulatory requirements.
Collect, edit, summarize, analyze, transmit and store relevant government procurement data and identification information, ensure that the recorded information is objective, complete and traceable, and make full use of technical means to ensure information security.
Article 8 Electronic trading systems shall make full use of digital certificates, encryption algorithms, secure transmission and other technical means to realize key data encryption, identity security check and network security protection, prevent unauthorized data operation, and ensure that data is not tampered with, omitted and traceable.
The application of digital certificates in the electronic trading system shall conform to the requirements of the Construction Scheme for Interconnection of CA Digital Certificates in Inner Mongolia Autonomous Region, and the use of specific digital certificates shall not be restricted or specified.
Article 9 The Finance Department of the Autonomous Region shall be responsible for establishing and improving the operation and safety management norms of the electronic trading system, strengthening the monitoring and inspection of the electronic trading system, finding and eliminating hidden dangers in time, and ensuring the safe, stable and reliable operation of the electronic trading system.
Article 10 Purchasers and procurement agencies shall strengthen the daily safety management of the whole-process electronic trading system, establish perfect management mechanisms such as user account number, authority granting, process setting and post allocation, and ensure that business is handled within the authorized scope.
Chapter III Bidding and Response
Article 11 All participants in e-procurement activities shall apply for or register accounts in the government procurement cloud platform of Inner Mongolia Autonomous Region, carry out government procurement activities in accordance with the provisions of laws and regulations, and be responsible for the authenticity, accuracy and legality of the information provided.
Article 12 A purchaser and a procurement agency shall sign an entrustment agreement through an electronic trading system. The purchaser fills in the procurement requirements through the electronic trading system, sets the evaluation rules or methods, determines the qualification conditions of suppliers, and the procurement agency conducts the review. The procurement agency prepares the procurement documents through the electronic trading system, and the purchaser confirms them.
The principal-agent agreement shall specify the scope, authority and duration of the procurement agency, the methods and standards for collecting agency fees, the dissolution and termination of the agreement, the liability for breach of contract and other specific matters. Both parties shall perform their respective obligations in accordance with the contents of the entrustment agreement.
The purchaser shall, in accordance with the requirements of the Inner Mongolia Autonomous Region Government Procurement Project Procurement Demand Management (Template), complete the filling of procurement demand in the electronic trading system, and the procurement budget, objectives and quantity in the procurement documents shall be consistent with the relevant contents of the procurement plan.
Suggestions made by purchasers and procurement agencies on the revision of procurement information announcements and procurement documents shall be kept in the electronic trading system. The purchaser shall confirm the prepared procurement documents in time.
Thirteenth procurement information announcements and procurement documents generated by electronic trading system, and released to the China municipal government procurement network, Inner Mongolia Autonomous Region subnet. If the third-party information publishing system needs to obtain or reprint government procurement information, it will connect with the government procurement cloud platform of Inner Mongolia Autonomous Region according to the government procurement information sharing interface.
Procurement information announcement and procurement documents shall specify the login address, login method and specific operation of suppliers participating in e-procurement activities.
Article 14 Where a purchaser or procurement agency clarifies or modifies the published procurement documents, it shall issue a correction announcement. At the same time, the electronic trading system shall send correction information to the suppliers who have obtained the procurement documents, and the contents clarified or modified shall be regarded as an integral part of the procurement documents.
Fifteenth the use of pre-qualification, the purchaser and the procurement agency shall publish a pre-qualification announcement in the electronic trading system, and complete the pre-qualification related work, and input the pre-qualification results into the electronic trading system. The electronic trading system will invite pre-qualified 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 trading system shall encrypt the information of suppliers who have been confirmed to participate in bidding (response). Buyers and procurement agencies shall not ask for or accept any paper documents or materials provided by suppliers.
The electronic trading system should support the collection and refund of bid (response) deposit, and have the functions of online verification of virtual account number and electronic guarantee. If the bid (response) deposit is collected, the deadline for collecting (submitting guarantee) agreed by the purchaser and the procurement agency is the same as the deadline for bidding (response).
Article 17 A supplier shall prepare, confirm, sign and encrypt the tender (response) documents in accordance with the provisions of the procurement documents and the requirements of the operating specifications of the electronic trading system, and upload the encrypted tender (response) documents through the electronic trading system before the deadline for submission of the tender (response) documents. If the supplier fails to upload the encrypted bidding (response) documents within the specified time, it shall be deemed as not participating in the bidding.
Article 18 In e-procurement activities, purchasers and procurement agencies shall provide procurement documents and technical guidance free of charge, and may not require suppliers to purchase designated software as a condition for participating in e-procurement activities.
Chapter IV Bid Opening and Bid Evaluation
Article 19 A procurement agency shall have the necessary facilities and equipment for electronic bid opening and evaluation, including bid opening and evaluation sites, audio and video monitoring and storage equipment, computer equipment, etc.
Article 20 The electronic trading system supports on-site bid opening and remote bid opening without meeting. The purchaser and procurement agency should choose the bid opening method according to the actual situation of the project, and remote bid opening should be the main method.
Article 21 The purchaser and procurement agency shall organize the bid opening through the electronic trading system according to the time and place specified in the procurement documents, and all participants in electronic procurement activities shall participate online on time.
Article 22 The purchaser and the procurement agency shall specify in the procurement documents that the online decryption time of the supplier's bid (response) documents is generally not less than half an hour.
If the bidding (response) documents are not decrypted due to the supplier's own reasons, or the decryption is not completed within the specified time, it will be regarded as no longer participating in government procurement activities; If the bidding (response) documents cannot be decrypted due to the electronic trading system, the purchaser and the procurement agency may extend the decryption time and notify the relevant suppliers in time. If the electronic bid opening cannot be continued due to unexpected circumstances during the bid opening process, the procurement agency shall jointly decide with the purchaser whether to allow the supplier to import the standby tender to continue the bid opening.
Article 23 The purchaser authorizes the purchaser's representative through the electronic trading system, and the procurement agency obtains the result list of expert database extraction through the electronic trading system, synchronizes the purchaser's representative, sets up an evaluation committee, and verifies the membership. In case of special circumstances such as leave or withdrawal of bid evaluation experts, the purchaser shall complete the supplementary work of experts in time according to the actual situation.
If the purchaser really needs to select an evaluation expert according to the provisions of special projects, it shall set up an evaluation committee in the electronic trading system, correctly input the expert's name and ID number, and verify the membership.
Twenty-fourth members of the evaluation committee log in to the electronic trading system and conduct evaluation according to the requirements of government procurement evaluation. The buyer and the procurement agency shall ensure that the evaluation activities are carried out in an effective monitoring and safe and confidential environment.
Article 25 After the staff of the procurement agency starts the project review, all members of the review committee shall read the review discipline, confirm the expert information, conduct expert avoidance confirmation, and recommend the team leader after signing the letter of commitment. The buyer's representative shall not be the person in charge of the evaluation committee.
If public bidding is adopted, the staff of the procurement agency shall first open the qualification examination, which shall be conducted by the members of the qualification examination team. After the qualification examination is completed, the project review will be started.
Twenty-sixth electronic trading system should be associated with credit China and China government procurement network. Suppliers shall not be required to provide information that buyers and procurement agencies can inquire through the Internet or related information systems.
Article 27 If the bid evaluation committee needs the supplier to clarify and explain the bidding (response) documents, it shall formulate and confirm the relevant clarification and explanation documents through the electronic trading system, and give the supplier reasonable time for clarification and explanation according to the complexity of clarification.
If the review committee needs to negotiate with suppliers, it shall, according to the actual situation of the project, choose only commitment, only quotation, commitment and quotation to initiate negotiations through the electronic trading system, and reasonably give suppliers the response time for negotiations according to the complexity of the project. Suppliers should make timely consultations and responses in the electronic trading system. Those who fail to respond within the specified time in the last round shall be deemed as no longer participating in government procurement activities.
If the effective bidding (responding) supplier fails to meet the specified quantity requirements or the bid evaluation is stopped due to illegal acts, the bid evaluation committee shall determine the reasons and select invalid bidding clauses in the electronic trading system according to regulations.
Twenty-eighth after the completion of the review, the review committee will review the score summary, especially the bidding (response) document with the highest ranking and lowest quotation as invalid, and sign the review process document and review report by electronic signature.
Twenty-ninth after the completion of the review, all participants in e-procurement activities should complete the credit evaluation in the electronic trading system in time.
Thirtieth electronic trading system should make full use of "Internet plus government procurement" to carry out remote remote bid evaluation mode, realize the sharing of national high-quality bid evaluation experts' resources, and promote the improvement of government procurement bid evaluation quality.
Chapter V Identification of Achievements and Archives Management
Article 31 The purchaser and the procurement agency shall determine the successful bidder (clinch a deal) through the electronic trading system in the way agreed in the principal-agent agreement. If the purchaser entrusts the bid evaluation committee to determine the supplier who won the bid (clinch a deal), the bid evaluation committee shall confirm the Letter of Confirmation of the Supplier who won the bid (clinch a deal) by electronic signature after the bid evaluation is completed; If the purchaser determines the bid-winning (transaction) supplier according to the bid evaluation report, the purchaser shall, within 5 working days from the date of receiving the bid evaluation report, determine the bid-winning (transaction) supplier in turn among the bid-winning or transaction candidates recommended by the bid evaluation report.
Article 32 A procurement agency shall simultaneously issue a bid-winning (transaction) result announcement and a bid-winning (transaction) notice through the electronic trading system within the specified time. When the electronic trading system announces the result of winning the bid (transaction), it will notify the unsuccessful suppliers to rank separately; If the comprehensive evaluation method is adopted, the evaluation scores of unsuccessful suppliers shall be informed at the same time; If public bidding is adopted, the supplier who has not passed the qualification examination shall be informed of the reasons.
Article 33 The purchaser and the supplier who has won the bid (clinch a deal) shall sign the procurement contract in the electronic trading system in strict accordance with the provisions of the procurement documents and bidding (response) documents, and announce and put on record the procurement contract within the specified time.
Article 34 The electronic trading system shall truly and completely record and save the electronic data and information generated in the process of bid opening, and disclose relevant contents according to law.
The electronic trading system should save the data generated in the evaluation process in real time and leave traces in the whole process. If paper materials related to the review are produced during the review process, the procurement agency shall upload them to the electronic trading system in time after the review as an integral part of the review report.
The electronic trading system is responsible for generating and recording government procurement information, business handling information and document information in the whole process of electronic trading projects, supporting automatic filing, forming electronic files, and providing online consultation and document download functions for purchasers and procurement agencies.
Article 35 A procurement agency shall, in accordance with the requirements of laws and regulations, make audio and video recordings of the whole process of bid opening and bid evaluation, file them in time, and be responsible for their integrity.
Article 36 The purchaser and procurement agency shall log in to the electronic trading system within 15 working days from the end of electronic procurement activities, download the documents of the whole process of electronic trading of government procurement projects, and save them. Other files that are not recorded and kept in the electronic trading system shall be properly kept by the purchaser and the procurement agency according to the regulations. The storage period of all files shall be at least fifteen years from the date of purchasing, so as to ensure normal access.
Chapter VI Dispute Resolution
Article 37 Under any of the following circumstances, the purchaser or procurement agency shall suspend electronic procurement activities and keep relevant certification materials for future reference:
(a) electronic trading system failure (including virus infection, application or database errors) can not be used normally;
(two) due to power failure or power failure in the organization site, it is impossible to continue the procurement activities through the electronic trading system;
(3) Other circumstances that cannot guarantee the fairness, justice and safety of electronic trading activities.
If the circumstances specified in this paragraph do not affect the fairness and justice of procurement, the purchaser or procurement agency may continue to organize procurement activities after the above circumstances are eliminated; In case of violation of laws and regulations, which affects the fairness and justice of procurement, the purchaser or procurement agency shall cancel the bid winning or terminate the procurement activities according to law.
Article 38 If the number of experts on the bid evaluation site fails to meet the requirements due to special reasons such as absence, avoidance or health of bid evaluation experts, the purchaser or procurement agency shall stop the bid evaluation, re-establish the bid evaluation committee according to law, and keep relevant certification materials for future reference.
Thirty-ninth questions and complaints arising in the process of e-procurement activities shall be implemented in accordance with the Measures for Questions and Complaints of Government Procurement (Decree No.94 of the Ministry of Finance).
Chapter VII Supervision and Administration
Fortieth participants in e-procurement activities should consciously accept the supervision and management implemented by relevant departments such as finance, auditing and supervision according to law. The relevant departments and their staff performing supervisory duties shall abide by the relevant provisions on information confidentiality and shall not illegally interfere with e-procurement activities.
Forty-first participants in e-procurement activities should have the business ability to carry out electronic transactions, establish and improve the management mechanism, and carry out necessary training for relevant business personnel to ensure the standardized and efficient application of the electronic trading system.
The financial departments at all levels can take the application and management of the infrastructure and electronic trading system to carry out electronic procurement activities as the evaluation index for the purchaser or procurement agency.
Article 42 All participants in e-procurement activities shall ensure the authenticity and accuracy of the input information, properly keep digital certificates, electronic signatures and electronic seals, and bear corresponding legal responsibilities for the consequences caused by false input information, improper keeping of digital certificates, electronic signatures and electronic seals.
Article 43 No unit or individual may forge, tamper with or damage the information, data messages and documents of the electronic trading system. In violation of the provisions, legal liability shall be investigated in accordance with relevant laws and regulations.
Forty-fourth electronic trading system construction or operation and maintenance unit in any of the following circumstances, the finance department of the autonomous region shall be corrected according to law; Refuses to correct, shall not be delivered for use, has been on-line operation should stop running:
(a) the system function and safety management can not meet the requirements of these measures and the needs of electronic procurement activities;
(two) in violation of the provisions of the collection of electronic trading system use fees;
(3) In violation of regulations, requiring all participants in e-procurement activities to purchase designated digital certificates and tools and software;
(four) other circumstances that damage the legitimate rights and interests of all parties in electronic procurement activities.
Forty-fifth buyers, procurement agencies or electronic trading system operation and maintenance units in any of the following circumstances, as a restriction or exclusion of potential suppliers, should be investigated for legal responsibility in accordance with the relevant provisions of the government procurement law:
(a) the use of technical means to provide different information to market participants who enjoy the same authority;
(two) to refuse or restrict the public and market participants to obtain free procurement information that must be disclosed according to law;
(three) in violation of the provisions of the registration, bidding registration and other preconditions;
(four) deliberately set obstacles to the submission or decryption of bid documents.
Article 46 Any unit or individual shall disclose to others the names and quantities of potential suppliers who have obtained procurement documents, the contents of bidding (response) documents or the bid evaluation results through the electronic trading system. , which may affect fair competition, financial departments at all levels should be investigated for legal responsibility in accordance with the "People's Republic of China (PRC) government procurement law" and other relevant provisions.
Forty-seventh participants in electronic procurement activities shall not disclose the personal identity information obtained and the information that should be kept confidential according to government procurement laws, regulations and rules, and shall not resort to fraud or malicious collusion or provide convenience for fraud or malicious collusion. In violation of the provisions of these measures, legal liability shall be investigated in accordance with relevant laws and regulations.
Chapter VIII Supplementary Provisions
Forty-eighth approach by the Inner Mongolia Autonomous Region Department of finance is responsible for the interpretation of.
Forty-ninth participants in government procurement activities and electronic procurement activities mentioned in these Measures include purchasers, procurement agencies, suppliers and evaluation experts. The qualification examination team as mentioned in these Measures includes representatives of purchasers and agencies. The evaluation committee mentioned in these Measures includes the bid evaluation committee, competitive negotiation team, consulting team and inquiry team.
Fiftieth due to serious natural disasters and other force majeure events, emergency procurement, procurement involving national security and secrets, these measures are not applicable.
Article 51 These Measures shall be implemented 30 days after the date of promulgation. In case of adjustment of the relevant provisions of the state, if these measures are inconsistent with the relevant provisions of the state, the provisions of the state shall prevail.
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