In order to standardize the behavior of government procurement in this Municipality, improve the efficiency of the use of government procurement funds and procurement benefits, and realize the value for money in government procurement, these measures are formulated in accordance with the People's Republic of China (PRC) Government Procurement Law (hereinafter referred to as the Government Procurement Law), the Regulations for the Implementation of the People's Republic of China (PRC) Government Procurement Law (hereinafter referred to as the Regulations for the Implementation of the Government Procurement Law) and relevant laws and regulations, and combined with the actual situation of this Municipality. Article 2 (Procurement Committee)
Shanghai Municipal Government Procurement Committee (hereinafter referred to as the Municipal Procurement Committee) is responsible for reviewing government procurement policies, important systems and other matters, and coordinating and solving major problems in the implementation, supervision and management of government procurement organizations. The members of the Municipal Procurement Committee shall be determined by the Municipal People's Government.
The municipal finance department is responsible for the daily work of the Municipal Procurement Committee. Article 3 (Responsibilities of Departments)
The municipal finance department is responsible for formulating the norms of the municipal government procurement system and guiding, supervising and managing the procurement activities of the municipal government.
The district finance department is responsible for the supervision and management of the procurement activities of the township government at the corresponding level.
Other relevant departments of the municipal and district people's governments shall perform their supervision and management duties related to government procurement activities according to law. Article 4 (Catalogue of Centralized Procurement and Standards of Procurement Limits)
The centralized procurement catalogue and procurement quota standard of this Municipality shall be compiled by the Municipal Finance Department, reviewed by the Municipal Procurement Committee, and promulgated and implemented after being approved by the Municipal People's Government.
The District People's Government may, according to the actual situation in this district, put forward suggestions on the adjustment of the centralized procurement catalogue and procurement quota standards in this city, and report them to the municipal finance department for implementation within this district. Article 5 (Government Procurement Platform)
The municipal finance department is responsible for the construction and maintenance of the city's unified government procurement information management platform (hereinafter referred to as the government procurement platform), realizing the electronic operation of the whole process of government procurement, and implementing information management for purchasers, procurement agencies, suppliers and bid evaluation experts. Article 6 (Determination of Government Procurement Projects)
The purchaser shall reasonably determine the government procurement items according to the asset allocation, and shall not implement government procurement if the demand can be met through idle asset allocation. Chapter II Parties to Government Procurement Article 7 (Purchaser)
The purchaser shall establish and improve the internal management system of government procurement in accordance with the first paragraph of Article 11 of the Regulations for the Implementation of the Government Procurement Law, and strengthen management in key links such as the preparation of government procurement budget and implementation plan, the determination of procurement demand, the organization of procurement activities, performance acceptance, answering questions, and coordinating complaint handling.
If the purchaser organizes procurement by himself, he shall have the ability and conditions to prepare procurement documents and carry out procurement activities; If the purchaser does not have the corresponding capabilities and conditions, it shall entrust a procurement agency with professional technical capabilities, familiar with specific professional fields and market conditions, and operating in good faith to provide professional consultation, procurement agency, performance acceptance and other services. Article 8 (Procurement Agency)
Centralized procurement institutions and procurement agencies other than centralized procurement institutions (hereinafter referred to as procurement agencies) shall establish and improve the internal supervision and management system of government procurement in accordance with the provisions of the first paragraph of Article 13 of the Regulations for the Implementation of the Government Procurement Law, and have bid evaluation conditions and facilities such as bid opening, bid evaluation sites, information network facilities, audio and video equipment required for government procurement business.
The procurement agency shall participate in the training of government procurement policies and regulations regularly organized by the financial department, conduct government procurement business training for its employees, and establish training files. Article 9 (Centralized Procurement Organization)
The municipal government procurement center is a centralized procurement institution established by the Municipal People's Government according to law, and is responsible for organizing and implementing centralized procurement. The District People's Government may set up centralized procurement institutions and implement centralized procurement according to the actual situation in this district.
For government procurement projects included in the centralized procurement catalogue, the centralized procurement institution shall not refuse the entrustment put forward by the purchaser according to law, and shall not entrust other procurement agencies to organize the implementation of procurement. Article 10 (Suppliers)
When participating in government procurement activities, suppliers should compete fairly, be honest and trustworthy, truthfully respond to the requirements put forward in procurement documents according to their own business, technical conditions and service capabilities, sign government procurement contracts with purchasers after winning the bid and closing the transaction, and fully and properly fulfill their contractual obligations. Article 11 (Management and Use of Supplier Library)
The municipal finance department shall establish a library of government procurement suppliers in this Municipality based on the government procurement platform, and classify suppliers according to the information such as industry affiliation, business scope and product items.
Suppliers who meet the requirements stipulated in the first paragraph of Article 22 of the Government Procurement Law may submit relevant materials to the government procurement platform for registration and warehousing. The municipal finance department shall strengthen the dynamic management of the supplier base and timely adjust the suppliers that no longer meet the requirements.
If the purchaser or procurement agency needs to randomly select suppliers when implementing non-public bidding government procurement, it shall do so through the supplier library. Chapter III Procedures and Methods of Government Procurement Article 12 (Government Procurement Budget)
The purchaser shall prepare the government procurement budget at the same time when preparing the annual budget. The government procurement budget shall include the name of government procurement project, procurement content and quantity, project attributes, budget amount and source of funds, procurement organization form, payment method, etc.
If the government procurement project has the budget standard stipulated by the state or this Municipality, the purchaser shall implement it in accordance with the regulations; Where there are asset allocation standards or technical and service standards, the purchaser shall not prepare the budget beyond the standards.