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 People's Republic of China (PRC) according to the criteria for the classification of small and medium-sized enterprises approved by the State Council, except that the person in charge of a large enterprise is the same person or has a direct holding and management relationship with a large enterprise. Individual industrial and commercial households that meet the criteria for dividing small and medium-sized enterprises are regarded as small and medium-sized enterprises in government procurement activities.
Article 3 In the government procurement activities, the purchaser shall strengthen the management of procurement demand, implement measures such as reserving procurement share, preferential price evaluation and giving priority to procurement, so as to increase the share of small and medium-sized enterprises in government procurement and support their development.
Article 4 In government procurement activities, if the goods, projects or services provided by suppliers meet the following conditions, they shall enjoy the SME support policies stipulated in these Measures: (1) In goods procurement projects, the goods are manufactured by SMEs, that is, the goods are produced by SMEs and use their trade names or registered trademarks; (two) in the project procurement project, the project is undertaken by small and medium-sized enterprises, that is, the project construction unit is small and medium-sized enterprises; (3) In the service procurement project, the service is undertaken by small and medium-sized enterprises, that is, the service providers are employees of small and medium-sized enterprises who have signed labor contracts in accordance with the Labor Contract Law of People's Republic of China (PRC). In the procurement of goods, if the goods provided by suppliers are made by small and medium-sized enterprises and large enterprises at the same time, they will not enjoy the SME support policies stipulated in these Measures. Participate in government procurement activities in the form of a consortium. If all parties in the consortium are small and medium-sized enterprises, the consortium is regarded as a small and medium-sized enterprise. Among them, if all parties in the consortium are small and micro enterprises, the consortium shall be regarded as small and micro enterprises.
Article 5 In government procurement activities, the purchaser shall reasonably determine the procurement demand of the procurement project, and shall not take the scale conditions and financial indicators such as the registered capital, total assets, operating income, employees, profits and tax payment of the enterprise as the qualification requirements or evaluation factors for suppliers, and shall not discriminate against or exclude small and medium-sized enterprises in terms of the ownership structure and operating years of the enterprise.
Article 6 The competent budgetary unit shall organize the review of the government procurement projects of its own department and subordinate units, and make overall arrangements to reserve the procurement share of small and medium-sized enterprises. For procurement projects and procurement packages suitable for small and medium-sized enterprises, the reserved procurement share should be specifically for small and medium-sized enterprises and listed separately in the government procurement budget. Under any of the following circumstances, the purchasing share shall not be reserved exclusively for small and medium-sized enterprises: (1) laws, regulations and relevant state policies clearly stipulate that priority should be given to purchasing from non-enterprise units such as institutions and social organizations; (two) because it is really necessary to use irreplaceable patents, proprietary technology, infrastructure restrictions, or provide specific public services, etc., it can only be purchased from suppliers other than small and medium-sized enterprises; (three) according to the provisions of these measures, the reserved share of procurement can not guarantee full supply and full competition, or there are circumstances that may affect the realization of government procurement objectives; (four) the framework agreement procurement project; (five) other circumstances stipulated by the financial department of the people's government at or above the provincial level. Except for the above situations, others are suitable for small and medium-sized enterprises.
Article 7 Where the procurement of goods and services with a procurement limit of more than 2 million yuan and engineering procurement projects with a procurement limit of less than 4 million yuan are suitable for small and medium-sized enterprises, the purchaser shall purchase exclusively for small and medium-sized enterprises.
Article 8 Where goods and services procurement projects exceeding 2 million yuan and engineering procurement projects exceeding 4 million yuan are suitable for small and medium-sized enterprises, more than 30% of the total budget of these procurement projects shall be reserved for small and medium-sized enterprises, and the proportion reserved for small and micro enterprises shall not be less than 60%. The reserved share is carried out by the following measures: (1) purchasing the whole procurement project or setting up a procurement package specifically for SMEs; (two) require suppliers to participate in procurement activities in the form of a consortium, and the small and medium-sized enterprises in the consortium bear a certain proportion; (3) Require suppliers who have obtained procurement contracts to subcontract a certain proportion of procurement projects to one or more small and medium-sized enterprises. There shall be no direct holding or management relationship between the small and medium-sized enterprises that form a consortium or accept subcontracting contracts and other enterprises and subcontracting enterprises in the consortium.
Article 9 For the procurement projects with unreserved shares specially for small and medium-sized enterprises after overall planning by the competent budget unit, and the procurement packages with unreserved shares in the projects, the purchasers and procurement agencies shall deduct 6%- 10% (3%-5% for engineering projects) from the quotations of small and micro enterprises that meet the requirements of these Measures, and participate in the evaluation with the deducted price. If the comprehensive evaluation method is adopted but the low price priority method is not adopted to calculate the price score of government procurement construction projects by bidding, the price score will be increased by 3%-5% on the basis of the original quotation. If large and medium-sized enterprises and small and micro enterprises form a consortium or allow large and medium-sized enterprises to subcontract to one or more small and micro enterprises, and the contract share of small and micro enterprises accounts for more than 30% of the total contract amount agreed in the consortium agreement or subcontracting intention agreement, the purchaser and procurement agency will deduct 2%-3% from the quotation of the consortium or large and medium-sized enterprises (65,438+0%-2% for engineering projects) and participate in the review at the deducted price. If the comprehensive evaluation method is adopted but the low price priority method is not adopted to calculate the price score of the government procurement construction project by bidding, the price score will be increased by 1%-2% on the basis of the original quotation. Small and micro enterprises that form a consortium or accept subcontracting have direct holding or management relations with other enterprises and subcontracting enterprises in the consortium, and do not enjoy preferential price deduction policies. The proportion of price deduction or price bonus is equal to that of small enterprises and micro enterprises, without distinction. The price deduction ratio or price addition ratio of specific procurement items shall be determined by the purchaser according to the average profit rate of relevant industries and market competition within the scope stipulated in these Measures.
Article 10 A purchaser shall carry out procurement activities in strict accordance with the provisions of these Measures and the specific plan for reserving procurement shares formulated by the competent budget unit. If there are less than three qualified small and medium-sized enterprises after inviting suppliers by announcement, the procurement activities shall be suspended, and the procurement activities shall be reorganized according to the relevant provisions of Article 9 of these Measures.
Eleventh small and medium-sized enterprises to participate in government procurement activities, should be issued by the provisions of the "small and medium-sized enterprises statement letter" (attached 1), otherwise they may not enjoy the relevant policies to support small and medium-sized enterprises. No unit or individual may require suppliers to provide identification documents for SMEs other than the SME declaration letter.
Article 12 Where a procurement project involves the procurement of small and medium-sized enterprises, the procurement documents shall contain the following contents: (1) The reserved share of the procurement project or procurement package shall indicate that the project or related procurement package is specially purchased for small and medium-sized enterprises, as well as the relevant targets and budget amount; (2) Where it is required to participate in consortium or subcontracting, the proportion of the contract amount of small and medium-sized enterprises in the consortium agreement or subcontracting intention agreement shall be stipulated as the supplier qualification condition; (3) For the procurement items or packages without reserved shares, specify the relevant price deduction ratio or price bonus ratio; (4) If a government procurement contract is obtained by enjoying support policies according to 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; (five) the purchaser believes that it meets the relevant conditions, and the preferential measures for small and medium-sized enterprises are clear in terms of the payment period of funds and the proportion of advance payment; (6) Defining the industry to which the classification standard of small and medium-sized enterprises corresponding to the procurement object belongs; (seven) other matters stipulated by laws and regulations and the financial department of the people's government at or above the provincial level.
Article 13 If the supplier who wins the bid or clinches a deal enjoys the SME support policies stipulated in these Measures, the purchaser and the procurement agency shall disclose the SME declaration letter of the supplier who wins the bid or clinches a deal together with the result of winning the bid or clinches a deal. For government procurement projects to which the Bidding Law applies, the Declaration of Small and Medium-sized Enterprises of the successful candidate shall be publicized when the successful candidate is publicized.
Fourteenth procurement contracts signed by reserving procurement projects, reserving special procurement packages, requiring participation in consortia or subcontracting, etc., should clearly indicate that the contract is for the exclusive use of small and medium-sized enterprises. Among them, if it is required to participate in procurement activities or subcontracting in the form of consortium, the consortium agreement or subcontracting intention agreement shall be regarded as an integral part of the procurement contract.
Fifteenth encourage 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 terms of bid (response) guarantee and performance guarantee. Encourage small and medium-sized enterprises to finance through government procurement contracts in accordance with laws and regulations.
Sixteenth small and medium-sized enterprises in government procurement supervision and inspection, complaint handling and administrative punishment of government procurement shall be determined by the competent department of small and medium-sized enterprises of the people's government at or above the county level where the goods producer or engineering service provider is registered. The competent department of small and medium-sized enterprises shall make a written reply within 10 working days after receiving the confirmation letter from the financial department or the relevant bidding administrative supervision department on assisting the development of small and medium-sized enterprises.
Article 17 All regions and departments shall implement whole-process performance management for budget items involving the procurement of small and medium-sized enterprises, set performance targets and indicators reasonably, implement relevant policy requirements for supporting small and medium-sized enterprises, conduct regular performance monitoring and evaluation, and strengthen the application of performance evaluation results.
Eighteenth units in charge of the budget shall, from 2022, report to the financial department at the same level the specific situation of the reserved share and the procurement for small and medium-sized enterprises in the previous year, and publicly reserve the implementation of the project on the China government procurement network (Annex 2). If the proportion of reserved shares as stipulated in these Measures is not reached, an explanation shall be made.
Article 19 If the purchaser fails to reserve the purchasing share for small and medium-sized enterprises in accordance with the provisions of these Measures, and the purchaser or procurement agency fails to deduct the price or increase the price score in accordance with the provisions of these Measures, it is a failure to implement the government procurement policy in accordance with the provisions, and shall be investigated for legal responsibility in accordance with the relevant provisions of the People's Republic of China (PRC) Government Procurement Law and other countries.
Twentieth suppliers in accordance with the provisions of the statement is not true, belongs to provide false materials to win the bid, in accordance with the "People's Republic of China (PRC) government procurement law" and other relevant provisions of the state shall be investigated for corresponding responsibility. For government procurement construction projects to which the Bidding Law is applicable, if the contents of the declaration letter provided by the bidder in accordance with the provisions of these Measures are untrue, it will be deemed as fraud to win the bid, and the corresponding responsibilities will be investigated in accordance with the relevant provisions of the People's Republic of China (PRC) Bidding Law and other countries.
Article 21 Where the financial department, the competent department of small and medium-sized enterprises and their staff violate the provisions of these Measures and commit other violations of law and discipline such as abuse of power, dereliction of duty, etc., it shall be implemented in accordance with the Procurement Law of People's Republic of China (PRC), the Civil Service Law of People's Republic of China (PRC), the Supervision Law of People's Republic of China (PRC) and the Procurement Law of People's Republic of China (PRC). Anyone suspected of committing a crime shall be transferred to the relevant state organs for handling according to law.
Article 22 These Measures shall not apply to foreign aid projects and projects that are otherwise stipulated by the relevant national qualifications or qualification management systems.
Twenty-third government procurement support policies for other small and medium-sized enterprises shall be formulated separately by the Ministry of Finance in conjunction with relevant departments.
Twenty-fourth provincial finance department may, jointly with the competent department of small and medium-sized enterprises, formulate specific implementation measures in accordance with the provisions of these measures.
Article 25 These Measures shall come into force as of 20211. The Notice of the Ministry of Industry and Information Technology of the Ministry of Finance on Printing and Distributing the Interim Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises (Treasury _ 201_181) shall be abolished at the same time.