The Regulations stipulate that the fiscal funds mentioned in Article 2 of the Government Procurement Law refer to the funds included in the budget management. Borrowing funds with financial funds as repayment sources are regarded as financial funds. If the procurement projects of state organs, institutions and organizations use both financial funds and non-financial funds, the government procurement law and these regulations shall apply to the part that uses financial funds for procurement; Where financial funds and non-financial funds cannot be purchased separately, the Government Procurement Law and these Regulations shall be uniformly applied.
Interpretation 2: There are two types of services purchased by the government.
According to the regulations, the services mentioned in Article 2 of the Government Procurement Law include the services needed by the government itself and the public services provided by the government to the public.
Interpretation 3: Centralized procurement has a clear concept.
The "Regulations" stipulate that the term "centralized procurement" as mentioned in the Government Procurement Law refers to the act that the purchaser entrusts a centralized procurement agency to purchase projects listed in the centralized procurement catalogue or conduct centralized procurement by departments.
Interpretation 4: Government procurement projects have a specific concept.
According to the regulations, government procurement projects refer to construction projects, including new construction, reconstruction and expansion of buildings and structures and related decoration, demolition and repair.
Interpretation 5: Purchasing has a clear definition.
The "Regulations" stipulate that the procurement agency mentioned in the government procurement law refers to the procurement agency other than the centralized procurement agency and the centralized procurement agency. The centralized procurement institution is a non-profit enterprise legal person established by the people's government at or above the municipal level with districts according to law, and it is the executing agency of centralized procurement projects. Procurement agencies other than centralized procurement agencies are social intermediary agencies engaged in procurement agency business.
Interpretation 6: What is a clear record of major violations?
The "Regulations" stipulate that the "major illegal record" mentioned in Item 5, Paragraph 1, Article 22 of the Government Procurement Law refers to the administrative punishment such as the supplier being subjected to criminal punishment or ordered to stop production or business, the license or license being revoked, and a large amount of fine.
Interpretation 7: It is well-founded to define the whole as parts.
The Regulations stipulate that in an accounting year, if a purchaser purchases goods and services of the same item or category under a budget item for many times by means other than public bidding, and the accumulated amount of funds exceeds the standard of public bidding amount, it will evade public bidding by means of splitting, except that the project budget is adjusted or the procurement is approved by means other than public bidding.
Interpretation 8: There are laws to follow in determining "equivalence between quality and service"
According to the regulations, the term "equivalent quality and service" mentioned in Item 5 of Article 38 and Item 4 of Article 40 of the Government Procurement Law means that the product quality and service provided by the supplier can meet the substantive requirements specified in the procurement documents.
Interpretation 9: Refinement of procurement standards.
The Regulations stipulate that the procurement standards of government procurement projects mentioned in Article 63 of the Government Procurement Law refer to the budget standards, asset allocation standards, technology and service standards on which project procurement is based.
Interpretation 10: There are applicable laws for projects purchased with mixed funds.
The "Regulations" stipulate that if the procurement projects of state organs, institutions and organizations use both financial funds and non-financial funds, the government procurement law and these Regulations shall apply to the part purchased with financial funds; Where financial funds and non-financial funds cannot be purchased separately, the Government Procurement Law and these Regulations shall be uniformly applied.
Interpretation 1 1: Purchasing personnel and related personnel must avoid five situations.
The "Regulations" stipulate that in government procurement activities, purchasers and related personnel should avoid one of the following interests with suppliers:
(1) Having labor relations with suppliers within 3 years before participating in procurement activities;
(2) Being a director or supervisor of a supplier within three years before participating in procurement activities;
(3) Being the controlling shareholder or actual controller of the supplier within 3 years before participating in procurement activities;
(4) Having husband and wife, lineal blood relatives, collateral blood relatives within three generations or close in-laws with the legal representative or person in charge of the supplier;
(five) there are other relationships with suppliers, which may affect the fairness and impartiality of government procurement activities.
Interpretation 12: centralized procurement institutions cannot entrust.
The Regulations stipulate that centralized procurement institutions shall, according to the entrustment of purchasers, formulate implementation plans for centralized procurement projects, clarify procurement procedures and organize government procurement activities, and shall not entrust centralized procurement projects.
Interpretation 13: The scope, authority and term of agency must be clearly defined in the principal-agent agreement.
The Regulations stipulate that the agency agreement stipulated in Article 20 of the Government Procurement Law shall specify the scope, authority, duration and other specific matters of agency procurement.
Interpretation 14: Decentralized procurement has a definition.
The "Regulations" stipulate that decentralized procurement as mentioned in the Government Procurement Law refers to the act of purchasers purchasing by themselves or entrusting procurement agencies to purchase items above the procurement quota that are not listed in the centralized procurement catalogue.
Interpretation 15: Require the purchaser to establish the internal management system of government procurement.
The Regulations stipulate that purchasers should safeguard national interests and social public interests in government procurement activities, be fair and honest, be honest and trustworthy, implement government procurement policies, establish an internal management system for government procurement, practise economy, and scientifically and reasonably determine procurement needs. The purchaser shall not ask or accept gifts, kickbacks or other goods and services unrelated to procurement from the supplier.
Interpretation 16: Anyone who changes the result of winning the bid through investigation shall be investigated for responsibility.
The "Regulations" stipulate that the purchaser or procurement agency shall not change the bid evaluation results by testing samples or inspecting suppliers. If the results of bid evaluation are changed by testing samples or inspecting suppliers, legal responsibilities shall be investigated in accordance with Articles 71 and 78 of the Government Procurement Law.
Interpretation 17: Eight situations can be regarded as differential treatment or discriminatory treatment for suppliers.
The "Regulations" stipulate that a purchaser or a procurement agency shall treat or discriminate against suppliers under unreasonable conditions in any of the following circumstances:
(1) Providing suppliers with different project information of the same procurement project;
(2) The qualifications, technology and commercial conditions set are not suitable for the specific characteristics and actual needs of the procurement project or have nothing to do with the performance of the contract;
(3) The technical and service requirements in procurement requirements point to specific suppliers and products;
(4) Taking the achievements and awards of a specific administrative region or a specific industry as the conditions for extra points or winning the bid and closing the transaction;
(five) adopt different qualification examination or evaluation criteria for suppliers;
(6) Restricting or designating specific patents, trademarks, brands or suppliers;
(seven) illegal restrictions on the form of ownership, organization or location of suppliers;
(eight) to restrict or exclude potential suppliers by other unreasonable conditions.
Interpretation 18: there are more specific rules for the application of non-tendering procurement methods.
The regulations stipulate that purchasers and procurement agencies shall prepare procurement documents according to government procurement policies, procurement budgets and procurement requirements. Procurement requirements shall meet the technical, service and safety requirements stipulated by laws, regulations and government procurement policies. Unless detailed specifications or specific requirements cannot be determined due to technical complexity or special nature, the procurement requirements shall be complete and clear. If the purchaser or procurement agency violates these provisions, resulting in failure to organize the acceptance of suppliers' performance or causing losses to state property, it shall be investigated for legal responsibility in accordance with the provisions of Articles 71 and 78 of the Government Procurement Law.
Interpretation 19: It takes 3 working days to answer questions.
The Regulations stipulate that the purchaser or procurement agency shall reply to the supplier's inquiry according to law within 3 working days.
Interpretation 20: Three situations can be identified as "suppliers should know the date when their rights and interests are damaged"
The "Regulations" stipulate that the supplier stipulated in Article 52 of the "Government Procurement Law" should know that the date when his rights and interests are damaged refers to:
(1) If the procurement documents that can be questioned are questioned, the date of receipt of the procurement documents or the date of expiration of the announcement period of the procurement documents;
(2) If there is any doubt about the procurement process, the date of the end of each procurement procedure shall prevail;
(3) If there is any doubt about the winning bid or the transaction result, the date of the expiration of the announcement period of the winning bid or the transaction result shall prevail.