Hu Cai Fa [2022]No. 1
Municipal budget authorities, District Finance Bureau, the competent department of small and medium-sized enterprises, and the municipal government procurement center:
The Measures for the Implementation of Shanghai Municipal Government Procurement to Promote the Development of Small and Medium-sized Enterprises, which was deliberated and adopted at the 1 9th executive meeting of Shanghai Finance Bureau on February 23rd, 2002, is hereby promulgated and shall come into force as of March 20th, 2022. Please follow them.
shanghai municipal finance bureau
Shanghai Economic and Information Technology Commission
65438+20221October 19
Measures of Shanghai Municipality on Promoting the Development of Small and Medium-sized Enterprises through Government Procurement
Sum basis of item 1
In order to implement the Administrative Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises (Caiku [2020] No.46, hereinafter referred to as the Administrative Measures), further give play to the functions of government procurement policies and promote the development of small and medium-sized enterprises, these Measures are formulated in accordance with the laws and regulations on government procurement, the Regulations of Shanghai Municipality on Promoting the Development of Small and Medium-sized Enterprises, the Measures for the Implementation of Shanghai Municipal Government Procurement and other relevant provisions, and in combination with the actual situation of this Municipality.
Article 2 General requirements
The purchaser shall, in accordance with the relevant provisions of the Administrative Measures, increase the share of small and medium-sized enterprises in government procurement and support the development of small and medium-sized enterprises by strengthening the management of procurement demand and implementing measures such as purchasing share reservation, preferential price evaluation and priority procurement.
Article 3 Reserve the share purchase plan
The competent budget unit shall strengthen the guidance and management of its subordinate units, organize and evaluate the suitability of government procurement projects of its own department (including its subordinate units, the same below) for small and medium-sized enterprises, and make overall arrangements to reserve procurement shares for small and medium-sized enterprises when preparing departmental budgets. The plan should include the procurement items with reserved shares, the measures to be taken to reserve shares, the purchase amount reserved for small and medium-sized enterprises and small and micro enterprises, and the reserved proportion. The reserved procurement share scheme shall be included in the government procurement budget. The newly-added government procurement projects in budget implementation shall determine the reserved procurement share plan when submitting the budget.
Article 4 Measures for reserving purchase shares
Retaining the purchase share is achieved through the following measures:
(a) Overall retention, that is, the whole procurement project is specially designed for small and medium-sized enterprises;
(2) Reserve purchase packages, that is, set some purchase packages in the procurement projects specially for small and medium-sized enterprises;
(3) Reservation in the form of consortium, that is, suppliers are required to participate in procurement activities in the form of consortium, and the part undertaken by SMEs in the consortium reaches a certain proportion;
(4) Pre-appointment subcontracting, that is, suppliers who have obtained procurement contracts are required to subcontract a certain proportion of procurement projects to one or more small and medium-sized enterprises.
For the procurement projects with reserved shares in the form of consortium or subcontract, if the suppliers themselves meet the conditions of enjoying the SME government procurement support policy (hereinafter referred to as SME support policy), they may no longer form a consortium with other SMEs or subcontract to other SMEs.
Article 5 Procurement items requiring reserved shares
The city's procurement of goods and services with a price limit of more than 2 million yuan and engineering procurement projects with a price limit of less than 4 million yuan shall be reserved by the purchaser for the procurement of small and medium-sized enterprises, except for those that are not provided by small and medium-sized enterprises as stipulated in the Administrative Measures.
For goods and services procurement projects of more than 2 million yuan and engineering procurement projects of more than 4 million yuan, the competent budget unit shall make overall planning for such procurement projects of the department, and reserve more than 30% of the total budget for small and medium-sized enterprises, of which the proportion reserved for small and micro enterprises is not less than 60%. For this part of the procurement project, measures such as overall reservation, procurement package reservation, consortium reservation and subcontract reservation can be comprehensively used.
Article 6 Requirements for the implementation of the reserved shares scheme
The purchaser shall carry out procurement activities in strict accordance with the reserved procurement share plan formulated by the competent budget unit. If it is really necessary to change the plan, it shall be approved by the competent budget unit. For the procurement project that needs to be carried out before the formulation of the reserved procurement share scheme, if the purchaser intends not to reserve the procurement share specially for small and medium-sized enterprises, it shall explain the reasons why the procurement project is not suitable for small and medium-sized enterprises and be confirmed by the competent budget unit.
For procurement projects with reserved shares, measures shall be taken to encourage the public to reserve shares when making public their purchasing intentions.
Article 7 Price deduction
For procurement projects or procurement packages that are not specifically for small and medium-sized enterprises, in addition to implementing national unified pricing standards and fixed-price procurement, preferential policies for price evaluation should be implemented for small and micro enterprises during evaluation. Procurement projects that adopt the lowest bid evaluation method and comprehensive evaluation method shall be deducted from the quotations of small and medium-sized enterprises in accordance with the provisions of the Administrative Measures, and the bid evaluation shall be conducted at the deducted price; For government procurement projects that are subject to tender, if the comprehensive evaluation method is adopted but the low price priority method is not adopted to calculate the price score, a certain percentage of policy bonus points will be given to the price score of small and micro enterprises in accordance with the provisions of the Administrative Measures, and policy bonus points will also be given to the price score of small and micro enterprises with full marks.
Article 8 Project Attribute and SME Policy Implementation
In the goods procurement project, if all the goods are made by small and medium-sized enterprises, they can enjoy the support policy for small and medium-sized enterprises, and there is no requirement for the enterprise type of bidding (response) suppliers; In the project of engineering and service procurement, if the project or service is undertaken by small and medium-sized enterprises, they can enjoy the support policy for small and medium-sized enterprises, and there is no requirement for the enterprise type of goods production enterprises involved in the procurement project.
The purchaser shall, according to the classified catalogue of government procurement projects formulated by the Ministry of Finance and in combination with the characteristics of procurement projects, determine the attributes of procurement projects. If it cannot be determined according to the classification catalogue of government procurement projects, it shall be determined according to the principle of facilitating the implementation of procurement projects.
Article 9 Special type suppliers
Non-enterprise entities such as public institutions and social organizations do not enjoy SME support policies, except that non-enterprise entities such as public institutions and social organizations provide all goods manufactured by SMEs to participate in goods procurement projects. Enterprises directly controlled and managed by public institutions shall be classified according to the classification standards for small and medium-sized enterprises.
Small and medium-sized enterprises that are the same person as the person in charge of a large enterprise, or have a direct holding and management relationship with a large enterprise, do not enjoy the SME support policy. Large enterprises refer to enterprises that belong to large enterprises according to their own industries and corresponding classification standards for small and medium-sized enterprises.
Individual industrial and commercial households that meet the criteria for the classification of small and medium-sized enterprises are regarded as small and medium-sized enterprises, and welfare units for the disabled and prison enterprises (including drug rehabilitation enterprises) are regarded as small and micro enterprises.
Article 10 SME statement
The purchaser and the procurement agency shall specify in the procurement documents the format of the SME statement stipulated in the Administrative Measures and the SME classification standard approved by the State Council, and specify the industry to which the SME classification standard corresponding to the procurement target belongs (hereinafter referred to as the industry to which the procurement target belongs).
Suppliers who meet the requirements of small and medium-sized enterprises shall truthfully and completely fill in information such as employees, operating income, total assets, etc. according to the format of the Letter of Statement for Small and Medium-sized Enterprises, and declare the enterprise type according to the classification standard of small and medium-sized enterprises approved by the State Council and the industry to which the purchasing object belongs. Goods procurement items shall be declared to manufacturers, and engineering and service procurement items shall be declared to suppliers. A procurement project involves multiple procurement objectives (main procurement objectives, excluding accessories and auxiliary materials, etc. ) and produced by different manufacturers or undertaken by different suppliers, the manufacturer or contractor (contractor) information of each procurement target shall be filled in one by one.
Eleventh small and medium-sized enterprises identified
In government procurement activities, SMEs are identified on the basis of SME declaration letter issued by suppliers. Suppliers who provide SME declaration letters according to regulations shall enjoy SME support policies in principle.
If the newly established enterprise has no data such as employees, operating income and total assets in the previous year, it shall be identified as a small and medium-sized enterprise according to the SME declaration letter issued by it.
If the purchaser, procurement agency and bid evaluation committee (evaluation group) can prove that the supplier's SME statement letter is wrong or untrue in the qualification examination, evaluation and query reply according to the existing materials such as the supplier's bidding (response) documents, they will not recognize their SME statement letter and will not enjoy the SME support policy. If there are obvious clerical errors or unclear meanings in the statement of small and medium-sized enterprises, they may ask suppliers to clarify, explain or make corrections in accordance with the relevant provisions of government procurement. Suppliers who meet the requirements of SMEs after clarification, explanation or correction can enjoy SME support policies.
Article 12 Other support measures
Encourage purchasers and procurement agencies to provide preferential treatment and convenience for small and medium-sized enterprises in terms of bid (response) guarantee, performance guarantee and fund payment. Including allowing small and medium-sized enterprises to introduce credit guarantee means, reducing the margin of small and medium-sized enterprises, increasing the proportion of contract advance payment for small and medium-sized enterprises, and accelerating the payment progress of small and medium-sized enterprises.
The Municipal Finance Bureau provides government procurement data to financial institutions in accordance with the provisions of this Municipality on the disclosure of government procurement data, promotes financial institutions to optimize inclusive finance services, and supports financial institutions to provide government procurement credit and contract financing for small and medium-sized enterprises participating in government procurement activities.
Thirteenth responsibilities of the competent department of small and medium-sized enterprises
The municipal and district departments in charge of small and medium-sized enterprises are responsible for the supervision and inspection of government procurement, complaint handling and administrative punishment in the work of identifying small and medium-sized enterprises according to the provisions of the Administrative Measures.
Small and medium-sized enterprises, purchasers and procurement agencies can consult the municipal and district competent departments of small and medium-sized enterprises on the division of industries in government procurement activities.
Article 14 Statistics
Non-reserved share procurement projects and procurement contracts obtained by small and medium-sized enterprises shall not be included in the implementation of reserved projects for small and medium-sized enterprises.
After inviting suppliers by way of announcement, the overall reserved procurement project or reserved procurement package shall not be included in the scope of implementation of reserved projects for small and medium-sized enterprises because the number of qualified small and medium-sized enterprises is less than 3, and the re-procurement is not specifically for small and medium-sized enterprises, and the shares are not reserved in the form of consortium or subcontracting.
Fifteenth small and medium-sized enterprise policy is open.
The competent budget unit shall, in accordance with the format stipulated in the Administrative Measures, disclose the implementation of the reserved projects of the department in the previous year on the Shanghai government procurement website before the end of June each year. If the proportion of reserved shares stipulated in the Administrative Measures is not reached, an explanation shall be made.
Article 16 Supervision and inspection
The municipal finance department shall strengthen the supervision and inspection of the implementation of government procurement policies to promote the development of small and medium-sized enterprises. If the purchaser fails to reserve the purchasing share for small and medium-sized enterprises according to the regulations, the purchaser and the procurement agency fail to deduct the price or increase the price according to the regulations, and the statement letter provided by the supplier is untrue, the legal responsibility shall be investigated in accordance with the relevant provisions of People's Republic of China (PRC) Procurement Law and other countries and this Municipality. Regulations for the Implementation of People's Republic of China (PRC) Procurement Law, Measures for the Implementation of Shanghai Municipal Government Procurement and Administrative Measures.
Article 17 Time of implementation
These Measures shall come into force on March 2022 1 day and shall be valid until February 28, 2027.
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