Municipal Finance Bureau, provincial departments and units, government procurement agencies, government procurement experts and suppliers:
The provincial party committee and the provincial government attach great importance to government procurement, and specially deliberated and issued the Work Plan for Deepening the Reform of Government Procurement System, demanding that the establishment of a modern government procurement system be accelerated. All departments at all levels have conscientiously implemented the deployment of the provincial party Committee and the provincial government, fully implemented the relevant requirements of the deep reform work plan, shouldered the main responsibility, actively acted as a role, and made every effort to promote government procurement and government procurement of services, and achieved remarkable results. However, from a practical point of view, some participants still have problems such as not paying attention to their thoughts, not performing their duties in place, and operating irregularly. In order to further standardize the behavior of government procurement and government purchase of services, consolidate the reform achievements and optimize the business environment, the relevant work is hereby notified as follows, please earnestly implement it.
First, strengthen the main responsibility of buyers.
(1) Strengthen the construction of internal control system. The purchaser shall establish and improve the internal control mechanism of government procurement, clarify the post, responsibility and authority, strengthen the internal control management of procurement demand, policy function, information disclosure, acceptance of performance, reply to inquiries and complaints, and evaluation of results, and shall not evade the main responsibility because of entrusting an agency. The competent budget unit shall strengthen the supervision and guidance on the construction and operation of the internal control system of its subordinate units.
(2) Standardize the management of procurement sources and results. The purchaser should strengthen the investigation and demonstration of purchasing demand and determine the purchasing demand reasonably and legally. The scientific compilation of procurement documents should not be biased or exclusive, so as to ensure full market competition. Strictly regulate the performance acceptance, implement the responsibilities of both buyers, and control the key links of quality and efficiency.
(3) Strictly implement the functions of government procurement policies. The buyer should actively take measures such as reserving shares, compulsory procurement and giving priority to procurement, and implement policy objectives such as supporting green procurement and developing small and medium-sized enterprises. Strictly implement the requirements of the provincial party committee and the provincial government to optimize the business environment, increase the proportion of government procurement reserved for small and medium-sized enterprises to 45%, and give small and micro enterprises 10% (5% of projects) as the top discount. It is necessary to strictly control the procurement of imported products, and the procurement of related projects shall not exclude domestic similar products from participating in the competition.
(4) Make full use of purchasing autonomy. The procurement of confidential projects and scientific research instruments and equipment organized by the purchaser shall be organized and implemented in accordance with the relevant provisions of government procurement. For procurement projects with complex technology and strong professionalism, the purchaser can choose qualified professionals according to the actual situation of the project. Encourage and recommend professionals with excellent business and high quality to join the expert database of government procurement evaluation.
(5) Strictly review information release. The purchaser should strengthen the audit of the information release content, and there should be no wrong information, such as mistakes, omissions, differences and repetitions, so as to effectively improve the quality of information release. It is necessary to strictly abide by the confidentiality discipline, and it is strictly forbidden to publish confidential and sensitive information, and it is strictly forbidden to disclose personal privacy. Personal information that really needs to be disclosed shall not contain ID number, mobile phone number, bank account, etc.
Second, strengthen the practice norms of intermediary institutions.
(6) Undertaking agency business according to laws and regulations. An agency shall carry out its work according to its statutory duties, sign an agency agreement with the purchaser according to law, clarify the scope, authority and duration of agency procurement, and carry out procurement activities in strict accordance with the agency agreement, and shall not exceed the agency authority. Encourage centralized procurement institutions to actively undertake the agency business of purchasers in different grades and regions, strengthen the research on the procurement needs of general projects, and expand the scale advantage of centralized procurement.
(7) Standardize procurement projects. According to the principal-agent agreement, the agency can assist the purchaser to scientifically demonstrate the procurement demand and accurately prepare the procurement documents according to the procurement demand, and it is not allowed to copy them mechanically. Strictly implement the withdrawal system of bid evaluation experts, and shall not expand the withdrawal scope of bid evaluation experts without authorization.
(eight) strict on-site organization and management. The agency shall be equipped with relevant equipment to record and video the whole process, so as to ensure that the on-site recording and video materials are complete and clear, and kept as procurement files. Organize the review in strict accordance with the regulations, maintain the order of the review site, and it is strictly forbidden to make biased and misleading explanations or explanations to the review experts. If illegal acts are found, they should be promptly reminded, stopped and recorded, and reported to the finance department at the same level.
(9) Answering inquiries according to law. After receiving the inquiry or query from the supplier, the agency should give a reply within the legal time according to the authorization, safeguard the legitimate rights and interests of the supplier and avoid legal risks. Except in statutory circumstances, it is not allowed to re-evaluate and change the evaluation results in violation of regulations.
(ten) accurate release of procurement information. The agency shall ensure that the published procurement information is complete and accurate, and it is strictly forbidden to publish information involving state secrets, work secrets, business secrets and personal privacy. , no typos, invalid links, etc. The release of relevant information will be included in the scope of supervision and evaluation of this institution.
Third, standardize the management of government procurement experts.
(eleven) accelerate the transformation of experts' functions. Give full play to the role of experts in professional consultation, and gradually realize the functional transformation from project evaluation to providing professional advice. The purchaser can invite experts to participate in the formulation of demand standards, technical schemes and procurement implementation schemes, participate in the performance evaluation of project quality and service capabilities, and give play to the professional support role of experts.
(twelve) to strengthen the professional ethics of experts. Government procurement experts should strengthen the follow-up study of government procurement laws and regulations and constantly improve their professional ethics. Strictly abide by the discipline of government procurement review, and may not establish or join social media groups with government procurement experts as the main body; Shall not ask the purchaser or agent for fees other than the remuneration standard for labor services; It is forbidden to accept bribes from purchasers, agencies and suppliers, and it is forbidden to use the identity of bid evaluation experts to seek various illegitimate interests.
(thirteen) a serious review of work discipline. Review experts should strictly implement the system of avoidance, commitment and confidentiality, and it is strictly forbidden to disclose information related to project review. It is not allowed to express tendentious opinions or consult the tendentious opinions of purchasers and agencies, accept clarifications or explanations from suppliers that go beyond the scope of procurement documents or change the substantive contents of procurement documents, negotiate and score subjective evaluation factors that require professional judgment, and refuse to sign evaluation reports without justifiable reasons.
(fourteen) severely punish violations of law and discipline. Improve the management service mechanism of bid evaluation experts, establish a red and yellow card system for bid evaluation experts' dishonesty, and clarify the specific situation and punishment provisions of bright certificates. Experts who are untrustworthy will be suspended or dismissed according to the seriousness of the case, and those suspected of committing crimes will be handed over to judicial organs for handling according to law.
Fourth, safeguard the legitimate rights and interests of suppliers.
(fifteen) the implementation of certification matters to inform the commitment system. Implement the notification system for suppliers to pay taxes and social security funds, and no longer require suppliers to provide relevant certification materials. They can participate in government procurement activities with a written commitment.
(sixteen) to increase the supervision of malicious collusion. Further improve the electronic trading system, work with relevant functional departments, and increase the early warning and investigation of malicious collusion by means of information technology. If malicious collusion constitutes a crime, criminal responsibility shall be investigated according to law.
(seventeen) to crack down on supplier fraud. Those who fabricate facts, provide false materials or obtain proof materials by illegal means to participate in government procurement activities shall be included in the record of bad behavior and prohibited from participating in government procurement activities within one to three years. If it is found that the supplier is suspected of extortion, it shall be handed over to the public security department for investigation according to relevant regulations.
Verb (abbreviation of verb) promotes the reform of government purchasing services
(eighteen) quasi government purchase service boundary. In strict accordance with the "measures for the administration of government procurement of services" to define the main body of purchase, departments and units that do not belong to the main body of purchase should implement the purchase of services in accordance with the relevant provisions of government procurement. The purchase content is defined according to the public services provided by the government to the public and the auxiliary services required by the government to perform its duties, and no financing, personnel employment and other activities may be carried out in the name of government purchase services.
(nineteen) to strengthen the government purchase service budget. The government insists on having a budget before purchasing services, and the relevant funds are arranged in the departmental budget as a whole. The government purchase service budget shall be prepared according to the needs of the work, and the projects not included in the budget shall not carry out government purchase service activities.
(twenty) strict management of contract term. Government procurement service contracts generally do not exceed 1 year. For projects with relatively fixed procurement contents, strong continuity, stable sources of funds and small price changes, the longest contract period shall not exceed 3 years.
Sixth, optimize the business environment of government procurement.
(twenty-one) adhere to high standards of positioning. Take enterprise satisfaction as the first criterion to test the effectiveness of government procurement business environment, and actively carry out innovation and promotion actions. Focusing on the concerns of market players, we will implement the pilot reform of "exposing the list and setting an example first", focus on solving the problem of "urgent difficulties and worries" of enterprises, and further stimulate the vitality of market players.
(22) Maintain fair competition in the market. Strengthen the disclosure of government procurement information, implement the disclosure system of suppliers' reasons for winning the bid, and further enhance the transparency of government procurement. Strengthen social supervision, smooth channels of reflection, and effectively protect the legitimate rights and interests of suppliers. Regularly carry out activities to clean up acts that hinder fair competition in the field of government procurement, intensify the crackdown on illegal acts of government procurement, and break down obstacles and barriers to fair competition in the market.
(twenty-three) reduce the cost of supplier participation. Promote the electronization of the whole process of government procurement, open up the "dual channels" of online and offline complaints, and reduce the time cost and economic cost of suppliers participating in government procurement activities.
(twenty-four) to ensure the payment of contract funds. In strict accordance with the contract, accelerate the progress of fund payment and improve the efficiency of fund use. The financial department can send a "letter of concern" to remind the purchaser who defaults on the supplier's contract funds without justifiable reasons.
Seven, improve the supervision level of the financial sector.
(twenty-five) to strengthen the supervision function of government procurement. Government procurement regulatory agencies at all levels should further improve their political stance, take government procurement as effective financial resources, make good use of various policy functions, and promote high-quality economic and social development. Establish a long-term mechanism for the reform of government procurement system, and strengthen supervision and restriction on the operation of government procurement power. Carry out special investigations on government procurement and strengthen the application of complaints and reports. Implement a risk early warning system to prevent all kinds of business risks.
(twenty-six) to strengthen the supervision and support of government procurement. Accelerate the implementation of "Internet plus government procurement", optimize and improve the government procurement management and trading system, and strengthen the application of new technologies such as cloud computing, big data and electronic stores in the field of government procurement. Make full use of digital supervision to realize the transformation of government procurement from "people-oriented management" to "digital management"
(twenty-seven) to strengthen the construction of government procurement team. Improve the personnel training mechanism, actively adapt to the new requirements of government procurement under the new situation, strengthen the legal education, vocational education and skills training of employees, and improve the awareness and professional quality of procurement according to law. Carry out in-depth education on clean government, strengthen the construction of work style, adhere to information disclosure, consciously accept supervision, practice the requirements of "strictness, truth, detail and speed", strive to improve the quality and efficiency of supervision, and strive to build a government procurement team with clean work style and strong combat effectiveness.
This document shall come into force on June 6, 2022 16 and shall be valid until June 5, 2025 15.
Shandong Provincial Department of Finance
April 29(th), 2022
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