Administrative Measures for Government Procurement to Promote the Development of Small and Medium-Sized Enterprises
Article 1 In order to give full play to the policy function of government procurement and promote the healthy development of small and medium-sized enterprises, according to the "Government Procurement of the People's Republic of China and the People's Republic of China" These Measures are formulated by relevant laws and regulations such as the Law of the People's Republic of China on the Promotion of Small and Medium-sized Enterprises.
Article 2 The term "small and medium-sized enterprises" as mentioned in these Measures refers to medium-sized enterprises, small enterprises and micro-enterprises established in accordance with the law within the territory of the People's Republic of China and determined in accordance with the classification standards for small and medium-sized enterprises approved by the State Council. However, this is excepted if the person in charge of the large enterprise is the same person, or if there is a direct holding or management relationship with the large enterprise. Individual industrial and commercial households that meet the classification standards for small and medium-sized enterprises are regarded as small and medium-sized enterprises in government procurement activities.
Article 3. In government procurement activities, purchasers should strengthen procurement demand management and implement measures such as reserved procurement shares, price review preferences, and priority procurement to increase the share of small and medium-sized enterprises in government procurement and support Development of small and medium enterprises.
Article 4 In government procurement activities, if the goods, projects or services provided by suppliers meet the following circumstances, they will enjoy the support policies for small and medium-sized enterprises stipulated in these Measures:
(1) In goods procurement projects, the goods are manufactured by small and medium-sized enterprises, that is, the goods are produced by small and medium-sized enterprises and use the trade names or registered trademarks of the small and medium-sized enterprises; (2) In engineering procurement projects, the projects are undertaken by small and medium-sized enterprises, That is, the project construction unit is a small and medium-sized enterprise;
(3) In the service procurement project, the service is undertaken by the small and medium-sized enterprise, that is, the personnel providing the service are small and medium-sized enterprises in accordance with the Labor Contract Law of the People's Republic of China and the People's Republic of China. 》Employees who enter into labor contracts.
In goods procurement projects, if the goods provided by suppliers include goods manufactured by small and medium-sized enterprises as well as goods manufactured by large enterprises, they will not enjoy the support policies for small and medium-sized enterprises stipulated in these measures.
If you participate in government procurement activities in the form of a consortium, and all parties in the consortium are small and medium-sized enterprises, the consortium will be regarded as a small and medium-sized enterprise. Among them, if all parties to the consortium are small and micro enterprises, the consortium will be regarded as a small and micro enterprise.
Article 5 The purchaser shall reasonably determine the procurement needs of the procurement project in government procurement activities, and shall not base the decision on the scale conditions and financial conditions such as the registered capital of the enterprise, total assets, operating income, employees, profits, tax payments, etc. Indicators serve as qualification requirements or evaluation factors for suppliers, and no differential or discriminatory treatment is allowed against small and medium-sized enterprises in terms of corporate ownership structure, operating years, etc.
Article 6 The budget unit in charge shall organize and evaluate the government procurement projects of its own department and its affiliated units, coordinate and formulate specific plans to reserve procurement shares for small and medium-sized enterprises, and evaluate the procurement projects and procurement packages suitable for small and medium-sized enterprises. , the reserved procurement share is specifically for small and medium-sized enterprise procurement and is listed separately in the government procurement budget.
If one of the following circumstances is met, the procurement quota may not be reserved specifically for small and medium-sized enterprises:
(1) Laws, regulations and relevant national policies clearly stipulate that priority should be given to public institutions and the society. Procured by non-enterprise entities such as organizations;
(2) Due to the need to use irreplaceable patents, proprietary technologies, infrastructure restrictions, or the provision of specific public services, etc., only small and medium-sized enterprises can Purchasing from suppliers other than the enterprise;
(3) The reserved procurement quota in accordance with the provisions of these Measures cannot ensure sufficient supply and full competition, or there are circumstances that may affect the achievement of government procurement goals;
(4) Framework agreement procurement projects;
(5) Other circumstances specified by the financial departments of the people's governments at or above the provincial level.
Except for the above situations, other situations are suitable for small and medium-sized enterprises to provide.
Article 7 If goods and service procurement projects above the procurement limit standard and below 2 million yuan, and engineering procurement projects below 4 million yuan are suitable to be provided by small and medium-sized enterprises, the purchaser shall exclusively purchase from small and medium-sized enterprises. .
Article 8 For goods and service procurement projects exceeding 2 million yuan and engineering procurement projects exceeding 4 million yuan that are suitable to be provided by small and medium-sized enterprises, more than 30% of the total budget for this part of the procurement project shall be reserved specifically for For procurement by small and medium-sized enterprises, the proportion reserved for small and micro enterprises shall be no less than 60%. The reserved share is carried out through the following measures:
(1) Consolidate the procurement project as a whole or set up a procurement package specifically for small and medium-sized enterprise procurement;
(2) Require suppliers to participate in the form of a consortium Procurement activities, and the part borne by the small and medium-sized enterprises in the consortium reaches a certain proportion;
(3) Require the supplier who has obtained the procurement contract to subcontract a certain proportion of the procurement project to one or more small and medium-sized enterprises. There shall be no direct holding or management relationship between small and medium-sized enterprises that form a consortium or accept subcontracts and other enterprises or subcontracting enterprises in the consortium.
Article 9 For procurement projects that have not reserved quotas specifically for small and medium-sized enterprises after coordination by the competent budget unit, as well as non-reserved part of the procurement packages in reserved quota projects, the purchaser and procurement agency Small and micro enterprises that comply with the provisions of these Measures shall be given a deduction of 6-10% (3-5% for engineering projects) from their quotations, and the deducted price shall be used to participate in the review. For government procurement construction projects that are subject to the Bidding and Bidding Law, if the comprehensive evaluation method is used but the low price priority method is not used to calculate the price score, the bid evaluation shall be based on the original quotation and add 3 to 5 of its price score as its other price points. Price points.
Accept procurement projects in which large and medium-sized enterprises form a consortium with small and micro enterprises or allow large and medium-sized enterprises to subcontract one or more small and micro enterprises. For small and micro enterprises as stipulated in the joint agreement or subcontracting intention agreement, If the contract share accounts for more than 30% of the total contract value, the purchaser and procurement agency shall deduct 2-3 (1-2 for engineering projects) from the quotation of the consortium or large and medium-sized enterprises, and use the deducted price to participate in the review. For government procurement construction projects that are subject to the Bidding and Bidding Law, if the comprehensive evaluation method is used but the low price priority method is not used to calculate the price score, the bid evaluation shall be based on the original quotation and add 1 to 2 of the price score as the other Price points. Small and micro enterprises that form a consortium or accept subcontracting and have direct holding or management relationships with other enterprises or subcontracting enterprises in the consortium will not enjoy the preferential price deduction policy.
The price deduction ratio or price point plus ratio treats small enterprises and micro enterprises equally without distinction. The price deduction ratio or price points plus ratio for a specific procurement item shall be determined by the purchaser within the range specified in these Measures based on the average profit margin of the industry related to the procurement target, market competition conditions, etc.
Article 10 The purchaser shall carry out procurement activities in strict accordance with the provisions of these Measures and the specific plan for reserved procurement quotas formulated by the budget unit in charge. For a procurement project or procurement package with a reserved share, after inviting suppliers by publishing an announcement, if the number of small and medium-sized enterprises that meet the qualifications is less than 3, the procurement activities shall be suspended, and the procurement project or procurement package shall be regarded as a procurement project or procurement package without a reserved share, and shall be treated in accordance with The relevant provisions of Article 9 of these Measures reorganize procurement activities.
Article 11 When participating in government procurement activities, small and medium-sized enterprises shall issue the "Small and Medium-sized Enterprise Declaration Letter" (Attachment 1) stipulated in these Measures, otherwise they shall not enjoy relevant small and medium-sized enterprise support policies. No unit or individual may require suppliers to provide small and medium enterprise identity documents other than the "Small and Medium Enterprise Declaration Letter".
Article 12 If the procurement project involves the procurement of small and medium-sized enterprises, the procurement document shall specify the following contents:
(1) The reserved share of the procurement project or procurement package, specifying the project or The relevant procurement package is specifically for small and medium-sized enterprises, as well as the relevant targets and budget amounts;
(2) If it is required to participate in the form of a consortium or contract subcontracting, clarify the small and medium-sized enterprise contract in the joint agreement or subcontracting intention agreement The proportion that the amount should reach shall be used as a supplier qualification condition;
(3) For procurement projects or procurement packages with non-reserved quotas, the relevant price deduction ratio or price points plus points ratio shall be clarified;
(4) It is stipulated that if a government procurement contract is obtained by enjoying the support policies in accordance with the provisions of these Measures, small and micro enterprises shall not subcontract the contract to large and medium-sized enterprises, and medium-sized enterprises shall not subcontract the contract to large enterprises;
(5) If the purchaser believes that relevant conditions are met, clarify the preferential measures for small and medium-sized enterprises in terms of fund payment period, advance payment ratio, etc.;
(6) Clarify the classification standards for small and medium-sized enterprises corresponding to the procurement target Industry;
(7) Laws and regulations and other matters stipulated by the financial departments of people's governments at or above the provincial level.
Article 13 If the supplier that wins the bid or concludes the transaction enjoys the support policy for small and medium-sized enterprises stipulated in these Measures, the purchaser and procurement agency shall disclose the "Declaration of Small and Medium-sized Enterprises" of the supplier that wins the bid or concludes the transaction along with the results of the successful bid or transaction. letter". For government procurement construction projects subject to the Bidding and Bidding Law, the "Declaration Letter from Small and Medium-sized Enterprises" of the successful bidder shall be disclosed when the successful bidder is announced.
Article 14 For procurement contracts signed through measures such as reserving procurement projects, reserving special procurement packages, requiring participation in the form of a consortium, or contract subcontracting, it shall be clearly marked that the contract is for small and medium-sized enterprises. Keep the contract. Among them, if it is required to participate in procurement activities or contract subcontracting in the form of a consortium, the joint agreement or subcontracting intention agreement should be included as an integral part of the procurement contract.
Article 15 encourages all regions and departments to allow small and medium-sized enterprises to introduce credit guarantee means in procurement activities, and provide professional services for small and medium-sized enterprises in bidding (response) guarantees, performance guarantees, etc. Encourage small and medium-sized enterprises to raise funds through government procurement contracts in accordance with laws and regulations.
Article 16 The identification of small and medium-sized enterprises in government procurement supervision and inspection, complaint handling and government procurement administrative penalties shall be determined by the people's government at or above the county level where the goods manufacturer or project or service supplier is registered. The competent departments of the enterprise are responsible.
The competent department for small and medium-sized enterprises shall make a written reply within 10 working days after receiving the letter from the financial department or the relevant bidding administrative supervision department on assisting in the development of small and medium-sized enterprises.
Article 17 All regions and departments shall implement full-process performance management of budget projects involving procurement by small and medium-sized enterprises, reasonably set performance goals and indicators, implement relevant policy requirements for supporting small and medium-sized enterprises, and conduct regular performance monitoring and evaluation, and strengthen the application of performance evaluation results.
Article 18 The budget unit in charge shall report to the financial department at the same level starting from 2022 the specific situation of the department’s reserved quota and procurement for small and medium-sized enterprises in the previous year, and make the forecast public on the China Government Procurement Network. Keep the project implementation status (Appendix 2). If the reserved share ratio stipulated in these Measures is not reached, an explanation shall be provided.
Article 19 If the purchaser fails to reserve procurement quotas for small and medium-sized enterprises in accordance with the provisions of these Measures, and the purchaser or procurement agency fails to implement price deductions or price points plus points in accordance with the provisions of these Measures, it shall be deemed as failure to do so. Implement government procurement policies in accordance with regulations, and pursue legal responsibilities in accordance with the "Government Procurement Law of the People's Republic of China" and other relevant national regulations.
Article 20 If the supplier provides untrue content in the statement letter in accordance with the provisions of these Measures, it is considered as providing false materials in order to win the bid or close the transaction. In accordance with the "Government Procurement Law of the People's Republic of China" and other relevant national Provide for the investigation of corresponding responsibilities.
For government procurement construction projects subject to the Tendering and Bidding Law, if the bidder provides untrue content in the statement letter in accordance with the provisions of these Measures, it is deemed to have been fraudulent and defrauded to win the bid. In accordance with the "Tendering and Bidding Law of the People's Republic of China" Wait for relevant national regulations to pursue corresponding responsibilities.
Article 21 If the financial department, the department in charge of small and medium-sized enterprises and their staff violate the provisions of these Measures in the performance of their duties and engage in other illegal and disciplinary behaviors such as abuse of power, dereliction of duty, malpractice for personal gain, etc., they shall be punished in accordance with the " Government Procurement Law of the People's Republic of China, Civil Servant Law of the People's Republic of China, Supervision Law of the People's Republic of China, Implementation Regulations of the Government Procurement Law of the People's Republic of China The relevant national regulations will be followed to investigate the corresponding responsibilities; if suspected of committing a crime, they will be transferred to the relevant state agencies for handling according to law.
Article 22 These Measures do not apply to foreign aid projects, relevant national qualifications or projects otherwise stipulated in the qualification management system.
Article 23: Government procurement support policies for other entities deemed to be small and medium-sized enterprises shall be separately formulated by the Ministry of Finance in conjunction with relevant departments.
Article 24 The provincial financial department may, together with the small and medium-sized enterprise administrative department, formulate specific implementation measures in accordance with the provisions of these Measures.
Article 25 These Measures will come into effect on January 1, 2021. The "Notice of the Ministry of Finance, Industry and Information Technology on Issuing the Interim Measures for Government Procurement to Promote the Development of Small and Medium-Sized Enterprises" (No. Caiku_2011_181) was abolished at the same time.
1. If one of the following circumstances is met, the framework agreement procurement method can be used:
(1) Centralized procurement of items within the catalog, as well as the necessary consumables, accessories, etc. , which are small and sporadic purchases;
(2) Legal, evaluation, accounting, auditing and other attestation consulting services required for the administrative management of this department and this system beyond the centralized procurement catalog and above the procurement limit standard, Belonging to small-amount sporadic procurement;
(3) Government procurement service items that are outside the centralized procurement catalog and are above the procurement quota standard and provide services to service objects outside the department and system need to identify more than 2 companies The supplier is independently selected by the service recipient;
(4) Other circumstances specified by the financial department of the State Council.
2. The procurement requirements of the framework agreement shall comply with the following provisions:
(1) Meet the actual needs of the purchaser and service objects, comply with market supply conditions and market fairness standards, and ensure functions, Promote competition under the conditions of performance and necessary procurement requirements;
(2) Comply with budget standards, asset allocation standards and other relevant regulations, practice strict economy, and shall not purchase beyond standards;
(3) According to the "Government Procurement Item Classification Catalog", the procurement objects are refined to the lowest level items, and the procurement needs of different grades, specifications or standards are subdivided, and the procurement packages are reasonably set up;
(4) Goods items should be Clarify the technical and commercial requirements of the goods, including function, performance, materials, structure, appearance, safety, packaging, delivery deadline, geographical scope of delivery, after-sales service, etc.;
(5) Service items should be Clarify the service content, service standards, technical support, service personnel composition, geographical scope of service delivery or implementation, as well as the quality standards of the goods involved, the measurement method of service workload, etc.
Legal basis:
The "Interim Measures for the Administration of Procurement Methods in Government Procurement Framework Agreements" are to regulate multi-frequency, small-amount procurement activities in accordance with the "Government Procurement Law of the People's Republic of China" ”, “Regulations on the Implementation of the Government Procurement Law of the People’s Republic of China” and other laws and regulations, and the methods formulated.