Municipal and county (Yangpu) Finance Bureau, provincial units, provincial government procurement centers and agencies:
In order to strengthen the supervision and management of government procurement in our province, safeguard the interests of the state and society, standardize government procurement behavior, promote the parties to government procurement to correctly perform their duties and obligations, and establish and improve the system to prevent illegal government procurement. According to the People's Republic of China (PRC) Government Procurement Law, the Measures for Implementing the People's Republic of China (PRC) Government Procurement Law in Hainan Province and other relevant laws and regulations, combined with the actual government procurement management in our province, the Code of Conduct for Government Procurement Parties and Bid Evaluation Experts in Hainan Province (for Trial Implementation) is formulated. It is issued to you, please follow it carefully.
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Hainan Provincial Government Procurement Parties and Experts' Code of Conduct (Trial)
Chapter I General Provisions
Article 1 In order to safeguard the interests of the state and society, standardize the government procurement behavior, and promote the parties involved in government procurement to correctly perform their duties and obligations, establish and improve the prevention system for illegal acts in government procurement activities. According to the People's Republic of China (PRC) Municipal Government Procurement Law (hereinafter referred to as the Government Procurement Law), the Measures for the Implementation of the People's Republic of China (PRC) Municipal Government Procurement Law (hereinafter referred to as the Measures) and the Measures for the Government Procurement Law, this Code is formulated.
Article 2 The parties involved in government procurement as mentioned in these Specifications refer to purchasers, suppliers, procurement agencies and their staff who participate in government procurement activities within the administrative area of Hainan Province.
Article 3 In government procurement activities, parties involved in government procurement and evaluation experts should be honest and trustworthy, consciously safeguard the public interests of the state and society, follow the principles of openness, fairness and justice, and carry out government procurement activities in strict accordance with the Government Procurement Law and other national laws and regulations and the relevant provisions of government procurement in Hainan Province, so as to promote government procurement in our province.
Article 4 The parties involved in government procurement and bid evaluation experts shall accept the supervision and management of financial departments at all levels according to law in government procurement activities.
Article 5 The government procurement supervision department shall establish a database of bad records of procurement parties (purchasers, procurement agencies, suppliers) and bid evaluation experts, and according to the seriousness of the case, choose to expose them publicly or transfer them to the competent department to investigate the responsibilities of the parties.
Chapter II Code of Conduct for Purchasing Personnel
Article 6 A purchaser shall strengthen the management of government procurement in his own department, establish the management system of government procurement in his own department, define the internal government procurement functional institutions, and implement the system of separation and mutual supervision of procurement organization, contract review and project acceptance.
Article 7 A purchaser shall, in accordance with the provisions, prepare a government procurement budget, prepare a government procurement plan on time, and submit statistical reports of government procurement information and other government procurement information in a timely, comprehensive and accurate manner.
Article 8 A purchaser shall organize procurement in accordance with the procurement types, procurement methods and legal procedures determined by the government procurement supervision and administration department, and shall not change or evade the legal procedures of government procurement without authorization.
Article 9 A purchaser shall purchase government procurement projects above the quota of public bidding, and shall not break up procurement projects that should be subject to public bidding according to law or evade public bidding in any other way.
Article 10 For government procurement projects that are lower than the standard of open tender amount, belong to the centralized procurement projects in the government procurement catalogue and higher than the procurement limit standard, the purchaser shall choose the procurement method according to law and organize the implementation according to legal procedures.
Article 11 A purchaser must entrust a centralized procurement institution to purchase general-purpose government procurement projects listed in the centralized government procurement catalogue; Procurement belongs to the departmental centralized procurement projects in the government centralized procurement catalogue and the government procurement projects above the quota standard, and can be entrusted to a centralized procurement agency or a procurement agency with the qualification of government procurement agency.
The general government procurement projects in the catalogue of centralized government procurement shall be subject to the catalogue of centralized government procurement published by the provincial finance department.
Article 12 When handling entrusted procurement, the purchaser shall put forward detailed procurement requirements to the procurement agency, cooperate with the procurement agency to prepare procurement documents and clarification and revision documents of procurement projects, and confirm the procurement documents in time according to the specified time.
Article 13 A purchaser shall not include commercial and technical clauses that restrict or exclude potential suppliers in the procurement documents or procurement requirements submitted to the procurement agency; It shall not contain the specifications and technical standards of a single brand that violate the provisions of fair competition (except single-source procurement), and shall not discriminate or exclude potential suppliers with unreasonable registered capital, sales performance and qualifications.
Article 14 Organize a consulting expert group to demonstrate the legality, rationality and fairness of procurement documents in accordance with legal procedures. The purchaser shall accept the audit opinions of the consulting expert group on the procurement documents, and shall not arbitrarily change the audit opinions of the expert group or modify the approved procurement documents without authorization.
Fifteenth the purchaser shall set up a bid evaluation committee according to law to ensure that the bid evaluation process is fair, legal, safe and confidential; Found violations of discipline, should promptly report to the relevant departments.
Sixteenth in the process of bid evaluation, the purchaser's representative shall not make tendentious and discriminatory remarks that affect the fair evaluation of the bid evaluation committee. If you have an interest in the supplier, you should take the initiative to avoid it.
Article 17 The purchaser must determine the suppliers who have won the bid and clinched the deal according to the order of candidates recommended by the bid evaluation committee according to law, and issue a written confirmation letter to the procurement agency within five working days.
Article 18 A purchaser shall, in accordance with the relevant provisions of the Government Procurement Law, promptly explain the supplier's inquiry and give a written reply to the supplier's inquiry.
Nineteenth in the bidding process, the purchaser shall not negotiate or negotiate with bidders and other suppliers on the purchase price, bidding scheme and other substantive terms.
Article 20 Where a purchaser entrusts a procurement agency to purchase, it shall choose among the procurement agencies announced by the financial department at or above the provincial level.
In order to reduce the procurement cost and improve the efficiency of government procurement funds, the purchaser shall not choose two or more agencies at the same time when purchasing similar products at one time.
Twenty-first once the government procurement activities have started, the purchaser shall not suspend or terminate the government procurement activities at will without the approval of the financial department at the same level.
Article 22 A purchaser shall publish the procurement standards and procurement results in the designated media.
Twenty-third buyers in government procurement activities, should abide by the relevant confidentiality provisions in accordance with the law, and shall not disclose the following information:
(a) List of suppliers who have obtained procurement documents;
(2) List of members of the review committee;
(3) Review process and unpublished review results;
(4) Confidential matters stipulated by relevant laws and regulations.
Article 24 A purchaser shall not ask for or accept bribes from suppliers or procurement agencies in the procurement process, and shall not obtain illegitimate interests; Shall not collude with suppliers, procurement agencies and bid evaluation experts to harm the national interests, social interests and the legitimate rights and interests of other relevant parties.
Twenty-fifth buyers and suppliers who have won the bid (clinch a deal) shall sign a government procurement contract according to the contents of the bid (clinch a deal) within 30 days from the date of issuing the bid (clinch a deal) notice. The purchaser shall not refuse to sign a government procurement contract with the winning bidder (the transaction person) without reason; Shall not sign an agreement or supplementary contract with the supplier who won the bid (clinch a deal) that violates the essence of winning the bid (clinch a deal); It is not allowed to change or terminate the government procurement contract without authorization, and it is not allowed to charge the winning bidder (trader) any fees other than the winning bidder (trader) in the name of freight and miscellaneous fees.
Twenty-sixth government procurement project procurement contract within seven working days from the date of signing, the purchaser shall submit a copy of the contract to the government procurement supervision and management department at the same level for the record. If it is a procurement agency, it shall send a copy of the procurement contract to the procurement agency for the record.
Article 27 A purchaser shall handle the project acceptance and fund payment in a timely manner in strict accordance with the valid government procurement contract, and shall not set obstacles in handling the project acceptance and fund payment to seek illegitimate interests. Large or complex government procurement projects shall invite quality inspection institutions recognized by the state to participate in the acceptance work. Members of the acceptance party shall sign the acceptance documents and bear corresponding legal responsibilities.
Article 28 A purchaser shall keep the procurement documents of each procurement activity in accordance with the Government Procurement Law and the relevant provisions of Hainan Province, and shall not forge, alter, conceal or destroy them. The storage period of procurement documents shall be at least fifteen years from the date of completion of procurement.
Twenty-ninth buyers should actively cooperate with and consciously accept the supervision and inspection of the government procurement supervision and management departments, supervision organs and audit institutions, truthfully reflect the situation and provide relevant materials.
Article 30 A purchaser shall supervise and inspect the government procurement activities of his own department. If the purchaser finds that the procurement agency or supplier has violated laws and regulations in government procurement activities, it shall promptly report to the government procurement supervision and management department.
Chapter III Code of Conduct for Suppliers
Thirty-first suppliers should have the ability to independently bear civil liabilities and perform contracts, have a good business reputation and a sound financial accounting system, and pay taxes and social security funds according to law; Those who participate in government procurement activities in the form of a consortium shall meet the corresponding qualifications of the consortium's suppliers and submit a joint agreement stating the work and obligations undertaken by all parties to the consortium.
Thirty-second in government procurement activities, suppliers should abide by the principle of good faith, and shall not resort to deceit to defraud the qualification of government procurement suppliers; Do not denigrate or exclude other suppliers from participating in the competition in any way; Shall not provide false information to win the bid or clinch a deal.
Article 33 A supplier shall not collude with the purchaser, the procurement agency, the members of the bid evaluation team and their staff, and other suppliers, thus harming the national interests, social interests and the legitimate rights and interests of other relevant parties.
Thirty-fourth suppliers shall not pay bribes to purchasers, procurement agencies and their staff, members of the bid evaluation team and other relevant personnel, and shall not seek benefits by other improper means.
Article 35 The supplier shall, within the specified time, confirm in writing the clarification and revision documents required by the purchaser or procurement agency, as well as other matters required to be confirmed by the supplier proposed by the purchaser or procurement agency.
Thirty-sixth in the process of bidding and purchasing, the supplier shall not negotiate with the purchaser on the bid price, bid plan and other substantive terms.
Article 37 A supplier shall not refuse to sign a procurement contract with the purchaser without legal basis, and shall not alter or terminate the government procurement contract without authorization.
Article 38 After winning the bid, the supplier shall not illegally transfer or subcontract the purchased project to other suppliers. With the consent of the purchaser and reported to the government procurement supervision and management department for the record, the supplier can perform the contract by subcontracting according to law.
Thirty-ninth suppliers should strictly perform their duties, provide goods, projects and services that meet the prescribed quality standards for purchasers, and must not sell counterfeit, shoddy, smuggled and other illegal items; Shall not arbitrarily change the relevant commitments and substantive terms of the procurement contract or terminate the government procurement contract, and shall actively cooperate with the acceptance of the procurement project.
Article 40 When making inquiries to purchasers or procurement agencies or making complaints to government procurement supervision and management departments, suppliers shall use their real names and submit them in writing in accordance with relevant regulations, and shall not make false and malicious inquiries and complaints, which will hinder the normal conduct of government procurement activities. If the supplier of the complaint has reason to believe that the disclosure of the complainant's information will harm the complainant's relevant interests in the process of complaint handling, it may request the government procurement supervision and management department to keep it confidential, but it must be indicated in the complaint.
Forty-first suppliers should consciously accept and cooperate with the supervision and inspection of the government procurement supervision and management departments and other relevant departments, truthfully reflect the situation and provide materials.
Article 42 In the construction of information systems, suppliers who participate in the preliminary work of the overall procurement project or its subprojects to provide services such as design, compilation specifications and management, or legal persons and affiliated institutions (units) who participate in the overall procurement project to provide the above services, shall not participate in the procurement activities of the overall procurement project and all its subprojects.
Chapter IV Code of Conduct for Procurement Agencies
Forty-third procurement agencies should establish and improve the procurement management system, internal control system and supervision and management system in accordance with government procurement laws and regulations and other relevant systems; Standardize and publicize the workflow and execution procedures of government procurement, set up posts and institutions reasonably according to the workflow of procurement activities, and realize the smooth connection, mutual supervision and restriction of all aspects of procurement activities.
Article 44 A procurement agency shall accept the entrustment of the purchaser according to law, follow the principles of openness, fairness, impartiality, honesty and credibility, and organize the implementation according to the determined procurement methods and legal procedures. Do not bribe the purchaser or seek agency business by other improper means.
Article 45 The staff of a procurement agency shall have relevant professional qualities and skills, and meet the professional post requirements stipulated by the government procurement supervision and administration department.
Procurement institutions should strengthen the education and training of their staff; Regularly evaluate the professional level, work performance and professional ethics of employees. Those who fail to pass the examination shall not continue to serve.
Article 46 A procurement agency shall, on the basis of quality service, collect fees such as procurement agency fees and procurement document production fees according to the prescribed charging items and standards, and the charging information shall be clearly stated in the procurement announcement or procurement documents and the agency procurement agreement. It is not allowed to collect fees in violation of regulations in the name of returning agency fees or reimbursing related expenses to purchasers.
Article 47 A procurement agency shall not misappropriate or dispose of the supplier's bid bond and performance bond without authorization; The form, amount, return time and overdue return responsibility of insurance deposit and performance bond shall be clearly defined in the tender documents, and the procurement agency shall not set obstacles to their return.
Forty-eighth procurement agencies and their staff in government procurement activities shall abide by the relevant confidentiality provisions in accordance with the law, and shall not disclose the following information:
(a) List of suppliers who have obtained procurement documents;
(2) List of members of the review committee;
(3) Review process and unpublished review results;
(4) Confidential matters stipulated by relevant laws and regulations.
Article 49 A procurement agency shall prepare procurement documents scientifically and reasonably according to law, and the procurement documents shall not contain unreasonable commercial and technical terms and conditions that restrict or exclude potential suppliers. The purchaser has the obligation to correct and correct unreasonable procurement demands and unreasonable requirements, but shall not modify the procurement documents without authorization.
Article 50 A procurement agency shall publish procurement information in the designated media according to relevant regulations, and accept supplier registration according to the time and place of publishing procurement information.
Article 51 A procurement agency shall send the clarification and revision documents of the procurement project to all suppliers who have obtained the procurement documents within the specified time.
Article 52 A procurement agency shall organize procurement activities in accordance with the prescribed procedures, and set up a procurement project evaluation committee according to law to ensure fairness, safety and confidentiality in the evaluation process. If any violation of discipline is found, it has the obligation to stop it and report it to the relevant departments in time.
Article 53 A procurement agency shall not collude with purchasers, suppliers and bid evaluation experts to conduct behind-the-scenes operations in any way to determine the suppliers who have won the bid and clinched the deal; No tendentious or discriminatory remarks may affect the impartial evaluation of bid evaluation experts, and no interference or participation in bid evaluation may be made to cater to the preferences of purchasers or for other reasons.
Article 54 In the process of bid evaluation, the procurement agency shall truthfully record the bid evaluation opinions and other important changes and unification matters of the bid evaluation committee, and shall not tamper with the bid evaluation opinions and reports of the bid evaluation committee in the bid evaluation records; Have the obligation to review the compliance and rationality of the bid evaluation records of the bid evaluation experts, and make a written explanation to the bid evaluation experts who do not meet the requirements of compliance or unreasonable bid evaluation.
Article 55 A procurement agency shall adhere to the principles of high procurement efficiency, good procurement quality, procurement price lower than the average market price and excellent service.
Fifty-sixth after the completion of the procurement review procedure, the procurement agency shall promptly issue the bid-winning and transaction notices to the suppliers who have won the bid and the transaction, and issue the bid-winning and transaction notices to the suppliers who have not won the bid and the transaction; If the purchaser is authorized to sign a procurement contract, he shall sign a contract with the supplier who has won the bid in time and witness all the procurement contracts signed by the purchaser.
Article 57 A procurement agency shall, in accordance with the relevant provisions of the Government Procurement Law, timely and truthfully explain the supplier's inquiry and give a written reply to the supplier's inquiry.
Fifty-eighth without the approval of the prescribed procedures, the procurement agency shall not arbitrarily change the procurement method determined by the government procurement supervision and management department.
Article 59 A procurement agency shall, in accordance with the Government Procurement Law and the relevant provisions of Hainan Province, archive and preserve the procurement documents of each procurement activity, and ensure the objectivity, truthfulness and completeness of the archived materials, and shall not forge, alter, conceal or destroy them. The storage period of procurement documents shall be at least fifteen years from the date of completion of procurement.
Article 60 A procurement agency has the obligation to submit relevant information on government procurement activities to the government procurement supervision and administration department in a timely, comprehensive and accurate manner.
Sixty-first procurement agencies should actively cooperate with the supervision and inspection of the government procurement supervision and management departments and other relevant departments, truthfully reflect the situation and provide relevant materials.
Article 62 If a procurement agency violates the provisions of Articles 47, 48, 52 and 53 of these Standards, it shall be handled by the financial department in accordance with the provisions of Article 43 of the Measures for the Qualification of Government Procurement Agencies (Decree No.61of the Ministry of Finance).
Chapter V Evaluation Expert Code of Conduct
Article 63 The bid evaluation experts shall meet the relevant requirements of Article 8 of the Government Procurement Law and the Measures for the Administration of Bid Evaluation Experts in Government Procurement, and consciously accept the supervision and management of the government procurement supervision and management department.
Article 64 Bid evaluation experts shall adhere to the principle of fairness and impartiality, participate in bid evaluation of government procurement in an independent capacity, and safeguard the legitimate rights and interests of procurement units and suppliers. , shall not be biased or discriminated against any supplier, and shall not reach a consensus with other judges in private to influence and interfere with the evaluation results.
Article 65 Evaluation experts shall attend the evaluation meeting of procurement projects on time, and shall not be absent, late or absent without leave during the evaluation process.
Article 66 The bid evaluation experts shall carry out bid evaluation activities in strict accordance with the bid evaluation procedures, methods and scoring standards stipulated in the procurement documents, correctly exercise their bid evaluation rights, provide real and reliable bid evaluation opinions to the procurement agencies and purchasers in a timely manner, and be responsible for their own bid evaluation opinions.
Sixty-seventh bid evaluation experts should seriously and timely answer the questions or questions raised by the procurement parties in the bid evaluation of government procurement; We should actively cooperate with procurement agencies and financial departments in the investigation and handling of cases of queries and complaints, and shall not refuse to answer the review of queries and complaints.
Article 68 bid evaluation experts shall strictly abide by the discipline of government procurement bid evaluation, and shall not disclose bid evaluation information to the outside world, including the evaluation and comparison of relevant bid documents, the recommendation of successful bidders and clinch a deal candidates, and other information related to bid evaluation activities.
Article 69 Appraisal experts shall not violate the relevant provisions of honesty and self-discipline, privately contact or accept the property or other illegitimate interests of suppliers and interested parties involved in government procurement activities, and shall not engage in other activities that damage the image of government procurement in the name of government procurement.
Chapter VI Supplementary Provisions
Seventieth parties to government procurement and review experts who violate these standards shall be dealt with in accordance with the Government Procurement Law of People's Republic of China (PRC) and relevant laws and regulations on government procurement.
Article 71 The Hainan Provincial Department of Finance shall be responsible for the interpretation of these Standards.
Article 72 These Standards shall come into force as of the date of promulgation.
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