From 20 14, the Ministry of Finance promoted the reform of "decentralization, strengthening supervision and improving services", changed the management mechanism of government procurement agencies from "examination and approval system" to "registration system", and cancelled the "threshold" of government procurement agency service industry. Since then, the government procurement agencies in our province have developed rapidly, and the number has shown a "blowout" growth. By August 2022, there will be 5,447 institutions in the province, with10.9 million employees, which are10.7 times and10.7 times respectively at the end of 20 13.
At present, government procurement agencies have become the main force of government procurement in our province. In 20021year, the amount of government procurement completed by government agencies reached 242.525 billion yuan, accounting for 95.57% of the total government procurement in the province. Entrusted by the purchaser, the agency provides professional services, assists the purchaser in market research, determines the procurement requirements and procurement methods, prepares procurement documents, organizes project review, assists in performance acceptance, answers questions, and assists in handling complaints and reports. , plays an irreplaceable role in government procurement activities. However, through supervision and inspection, we found that the institution also had some problems in practice. For example, the number of institutions has surged, the scale is small, the quality of personnel is mixed, and the level of laws and regulations and business ability are low; The competition in the agency service market is fierce, the quality of practice is declining, and the number of complaints from suppliers continues to increase substantially. In the past five years, the number of complaints in the province has increased by 9.57% annually, which has had a negative impact on the quality and efficiency of government procurement and needs to be standardized.
The main basis for formulating the Measures is: People's Republic of China (PRC) Procurement Law, People's Republic of China (PRC) Procurement Law Implementation Regulations, People's Republic of China (PRC) Secrecy Law, People's Republic of China (PRC) Personal Information Protection Law and People's Republic of China (PRC). Regulations of People's Republic of China (PRC) Municipality on the Openness of Government Information, Measures for the Administration of Government Procurement Information Release, Measures for the Administration of Public Bidding for Government Procurement Goods and Services, Measures for the Administration of Government Procurement in Shandong Province, Interim Measures for the Administration of Government Procurement Agencies (No.2 of Caiku [2018]), and Notice of the Ministry of Finance on Further Standardizing Government Procurement Review Activities (Caiku [20/KLOC-) Notice of the Ministry of Finance on Printing and Distributing the Measures for the Administration of Government Procurement Demand (Caiku [2021] No.22), Notice of Shandong Provincial Department of Finance on Printing and Distributing the Administrative Measures for Government Procurement Information Release (Lu [2020] No.35), Notice on Printing and Distributing the Administrative Measures for Government Procurement Acceptance (Lu [2026] No.5433), Opinions on Further Strengthening the Supervision of Government Procurement and Government Procurement Services (Lu [2022] No.3).
Second, the main content
The Measures for the Implementation of the Management of Government Procurement Agencies in Shandong Province (hereinafter referred to as the Measures) is divided into six chapters and 45 articles. The chapters are: general principles, catalogue registration and cancellation, employment management, behavior evaluation, supervision and inspection, supplementary provisions, etc.
Chapter I General Provisions Article 5 mainly includes the purpose, main basis, scope of application, concept of organs, supervision departments and supervision mechanisms. "Chapter II Registration and Cancellation of the Directory of Institutions" ***6 mainly includes the information to be provided and the rules to be observed in the registration, alteration and cancellation of the directory of institutions. Article ***2 1 of "Chapter III Employment Management" includes the basic conditions, responsibilities and requirements that an agency should have, the selling price of procurement documents, agency service fees, procurement information release, file management and other relevant provisions. "Chapter IV Behavior Evaluation" consists of five articles, mainly including the responsibilities of the evaluation subject, evaluation methods, time and platform, the disclosure of evaluation results information, the application of evaluation results and the rights of the evaluated subject. "Chapter V Supervision and Inspection" consists of seven articles, mainly including the subject of supervision and inspection, the basis principle, the specific content, the disclosure of the result information and the punishment for all kinds of illegal acts. "Chapter VI Supplementary Provisions" * *1,including the implementation time and validity period.
Third, the main innovation points
In accordance with the principles of "lenient entry and strict management, strengthened restraint and standardized guidance", the Measures focus on adding and refining the relevant contents in Chapter III-Employment Management, and set up a separate chapter on behavior evaluation (Chapter IV).
(1) Strict management and refinement of relevant regulations. First, increase internal control requirements and implement source management. Article 16 stipulates that the agency shall establish and improve the internal control management system, set up business audit and quality control posts, and strengthen management around key contents and links such as agency agreement, demand investigation, document preparation and contract text drafting, procurement procedure implementation, performance acceptance and performance of agency services. The second is to clarify the publicity standards and implement listing services. Article 17 stipulates that the agency shall publicize the business handling guide, relevant rules and regulations, the list of employees and the relevant requirements of the regulatory authorities in a prominent position in the workplace; When handling business and providing services, employees should list their services and identify themselves. The third is to refine relevant requirements and promote standardized services. Article 25 stipulates that the agency shall strictly follow the relevant provisions of government procurement laws, regulations and entrustment agreements. , standardize the procurement project execution procedures, and strictly manage the bid evaluation (review) site. In addition to the purchaser's representative, evaluation experts and on-site organization personnel of the agency, other personnel are not allowed to enter the bid evaluation (evaluation) site. Article 26 stipulates that when organizing the bid evaluation of government procurement projects, an agency shall perform the following duties: (1) checking the identity of bid evaluation experts and the power of attorney of the purchaser's representative; (two) announced the review discipline; (3) Publish the list of suppliers; (four) to inform the bid evaluation experts of the circumstances that should be avoided; (5) Organizing the review committee to recommend the review team leader; (6) Take necessary measures to manage communication tools; (seven) according to the requirements of the review committee to introduce government procurement related policies and regulations, procurement documents; (eight) the supervision and evaluation committee shall conduct independent evaluation in accordance with the evaluation procedures, methods and standards stipulated in the procurement documents, and promptly stop and correct the tendentious remarks or illegal acts of the representatives of the purchasers and evaluation experts; (nine) check the evaluation results; (ten) to evaluate the performance of bid evaluation experts; (eleven) to keep the known state secrets, business secrets and personal privacy information; (twelve) to stop and correct invalid illegal acts, record them and report to the purchaser and the regulatory authorities in a timely manner. Article 27 stipulates that when an organ releases information on government procurement projects, it shall improve the internal audit mechanism, implement the responsibility of information audit, strictly implement the laws, regulations and policies on the release of government procurement information, and shall not disclose state secrets, business secrets and personal privacy information, make false or misleading statements, omit matters that must be disclosed according to law, and make mistakes such as typos, missing words, other words and duplicate words. Article 29 stipulates that an agency shall not participate in procurement projects as a supplier, and shall not provide bidding (quotation) consultation for bidders who participate in procurement projects as agents. Article 43 stipulates that if the organ fails to properly keep the archives or fails to hand over the archives at the time of cancellation, the relevant personnel shall be investigated for their responsibilities in accordance with the People's Republic of China (PRC) Procurement Law, the People's Republic of China (PRC) Archives Law and other relevant laws and regulations. The fourth is to standardize the charging behavior and reduce the burden on enterprises. Article 21 stipulates that an organ shall reasonably determine the price of procurement documents according to the principle of covering the cost of printing, production and mailing, and shall not aim at making profits, and shall not use the purchase amount as the basis for determining the price of procurement documents. Purchasing activities conducted by electronic means (online) shall not charge the fees for purchasing documents. Article 22 stipulates that suppliers with good credit records are encouraged to be exempted from paying bid bond. If it is really necessary to collect a bid bond, the proportion of the bid bond shall not exceed 2% of the project amount. Suppliers are allowed to pay the bid bond in non-cash forms such as checks, bills of exchange, promissory notes and letters of guarantee, and financial institutions or guarantee institutions that issue letters of guarantee shall not be designated. Within 5 working days from the date of issuance of the transaction (bid-winning) notice, the bid bond of the supplier who has not completed the transaction (bid-winning) shall be returned; Refund the bid bond of the successful supplier within 5 working days from the date of signing the government procurement contract.
(2) Establish an evaluation mechanism to guide the development of norms. In order to effectively guide the agency to the road of standardized and professional development and realize a virtuous circle of industry development, a separate chapter (Chapter IV Behavior Evaluation) is set up to make special provisions on the evaluation of agency behavior and the disclosure of results. Article 33 stipulates that the financial department shall establish an agent behavior evaluation mechanism based on the Shandong Provincial Government Procurement System; According to the budget level of the procurement project, the behaviors of the agency and the project leader are regularly evaluated according to the scale, performance, internal management, training organization, dishonesty and punishment. Article 35 stipulates that the financial department shall regularly disclose the evaluation results of intermediaries and their project leaders. The specific contents include but are not limited to the following data and rankings: completion performance and growth rate, e-procurement completion rate, professional services, participation in business training (proportion of trainees), effective complaint rate, dishonesty and punishment, and information release quality (number and proportion of wrong information).
(3) Integrate supervision into services and optimize the business environment. First, emphasize that the financial department has the responsibility of training institutions. Article 5 stipulates that the financial department shall strengthen the business training of the agency, continuously improve its business ability and professional level, and in principle conduct rotation training for the employees of the agency every three years. Encourage intermediaries to regularly organize internal training or participate in business training provided by third parties, and comprehensively improve the professional ability of employees. The second is to optimize services. Article 8 stipulates that if the registration information of the organ is incomplete, the Provincial Department of Finance shall be responsible for timely informing it of the improvement of the registration information. If the registration information of the agency is complete and clear and meets the working conditions, the Provincial Department of Finance shall promptly open the user rights of the government procurement system for it. The third is to establish an agent exit mechanism. On the one hand, you can choose to quit voluntarily. Article 10 It is clear that an agency can apply for quitting the agency industry by filling in the Application Form for Cancellation of the List of Government Procurement Agencies in Shandong Province. On the other hand, cleaning up non-standard institutions, Article 11 stipulates that the Provincial Department of Finance will focus on cleaning up institutions that have not carried out business for two consecutive years and regularly report them to recover the system operation authority; After verification, the institutions that have been cancelled in the industrial and commercial registration will cancel their directory registration information after the announcement and recover the system operation authority.
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