Measures of Xiamen Municipality on the Administration of Government Procurement

Chapter I General Provisions Article 1 In order to standardize government procurement and strengthen supervision and management, these Measures are formulated in accordance with the People's Republic of China (PRC) Government Procurement Law and other relevant laws and regulations, combined with the actual situation of this Municipality. ? Article 2 The term "government procurement" as mentioned in these Measures refers to the behavior of state organs, institutions and organizations at all levels in this Municipality (hereinafter referred to as purchasers) using financial funds to purchase goods, projects and services in the centralized procurement catalogue or above the procurement quota standard. ?

The measures referred to in financial funds, including financial budget funds, government funds included in the financial budget management, extra-budgetary funds included in the financial account management, income of institutions included in the financial management and other funds. ? Article 3 Where government procurement projects must be subject to bidding, the provisions of relevant laws and regulations on bidding and tendering shall apply. If there are no provisions in bidding laws and regulations, other procurement activities of the project shall be handled in accordance with the Government Procurement Law and other relevant government procurement regulations. ? Article 4 Government procurement information shall be released to the public in a timely manner on China Government Procurement Network and Xiamen Municipal Government Procurement Network (hereinafter referred to as government procurement information release media), except those involving state secrets and commercial secrets. ? Article 5 The financial departments at all levels in this Municipality shall be responsible for the supervision and management of government procurement, and perform their duties of supervision and management of government procurement activities at the corresponding level according to law. The specific daily management of government procurement is the responsibility of the government procurement management agency. ?

The financial department at a higher level shall supervise and guide the financial department at a lower level to perform the supervision and management of government procurement activities according to law. ?

Other relevant government departments shall perform their supervision and management duties related to government procurement activities according to law. ? Article 6 The financial department shall adopt modern information technology means and methods to implement electronic government procurement, so as to improve the efficiency and supervision level of government procurement. Chapter II Forms and Methods of Procurement Article 7 The catalogue of centralized procurement by the municipal government and the standard of procurement quota shall be determined and published according to the authorization. ? Article 8 The procurement items listed in the catalogue of centralized government procurement shall be subject to centralized procurement. ?

If the goods, projects and services outside the catalogue are purchased by the government in a centralized way, and the single or bulk purchase amount reaches the prescribed limit standard or above, decentralized procurement shall be implemented. ?

Goods, projects and services that are outside the catalogue of centralized government procurement and below the procurement limit standards shall be purchased by the procurement unit itself. ?

The specific measures for the implementation of government procurement of bulk goods shall be formulated separately by the municipal finance and supervision departments. ? Article 9 Government procurement shall be conducted in the manner prescribed by the state. ?

Government procurement methods include public bidding, invitation bidding, competitive negotiation, single-source procurement, inquiry and other procurement methods stipulated by the state. ? Tenth public bidding should be the main procurement method of government procurement. ?

If the amount of goods or services purchased by the government reaches the prescribed standards, it shall be subject to public bidding. If it is necessary to adopt procurement methods other than public bidding due to special circumstances, it shall obtain the approval of the municipal finance department before the start of procurement activities. ? Article 11 A purchaser shall not split the goods or services that should be purchased by public bidding or evade public bidding by other means. ?

If the purchaser fails to repeatedly purchase the same variety of goods or services through public bidding in a budget year, and the total amount of funds exceeds the standard of public bidding amount, it shall be regarded as avoiding public bidding by breaking up the parts, except for procurement methods other than public bidding approved according to law. ? Twelfth government procurement should give priority to the procurement of independent innovation products, energy-saving products, environmental labeling products. ?

Encourage the city's honest enterprises and local high-quality product manufacturers to actively participate in government procurement activities. Chapter III Procurement Procedures Article 13 When purchasing goods, projects and services, a purchaser shall prepare a government procurement budget implementation plan according to the departmental budget approved by the financial department and submit it to the financial department for examination and approval. ?

The implementation plan of government procurement budget shall include the name of the purchaser, procurement items, procurement quantity, price, specifications and technical requirements, composition of funding sources, estimated procurement time, delivery or completion time, etc. ? Article 14 The financial department shall review the submitted implementation plan of government procurement budget, examine and approve the procurement budget, procurement form and procurement method, and give a timely reply. ?

If the budget of government procurement projects needs to be adjusted, it shall be carried out in accordance with the prescribed management authority and procedures. ? Fifteenth government procurement project evaluation activities by the bid evaluation committee, negotiation team or inquiry team established according to law. The bid evaluation committee, negotiation team or inquiry team are composed of representatives of the purchaser and government procurement evaluation experts. The representative of the purchaser shall be familiar with the economic and technical requirements of the procurement project, and these requirements shall be determined by the purchaser in writing. ?

Government procurement project bid evaluation experts shall be randomly selected from the municipal government procurement bid evaluation expert database; Due to the special circumstances of the project, the corresponding experts in the local government expert database are insufficient or unsuitable to participate in the bid evaluation, which can be randomly selected from the foreign government procurement expert database with the approval of the municipal finance department. ?

For procurement projects with complex technology and strong professionalism, it is difficult to determine the appropriate bid evaluation experts through random methods. With the consent of the municipal finance department, the bid evaluation experts can be determined in a selective way.

The municipal government procurement evaluation expert database is established by the municipal finance department. ?