Notice of Zhuhai Finance Bureau of Guangdong Province on Optimizing the Business Environment in the Field of Government Procurement

Purchasing units at all levels in the city, financial departments of all districts (functional areas), centralized government procurement agencies and social agencies for government procurement:

In order to thoroughly implement the relevant requirements of the Implementation Opinions of the Guangdong Provincial Department of Finance on Further Optimizing the Business Environment in the Field of Government Procurement (Guangdong Finance Procurement [2021] No.7), and in accordance with the decision-making arrangements of the Municipal Party Committee and the Municipal Government to optimize the business environment, and constantly create an open, orderly and fair competitive government procurement market environment, we hereby notify you of the relevant matters on optimizing the business environment of government procurement in our city as follows:

1. Ensure equal participation of market participants.

(a) continue to carry out the "three libraries" clean-up work. Strictly implement the relevant provisions of the Notice of the General Office of the Ministry of Finance on Carrying out Special Cleaning Work of Government Procurement Alternative Library, Catalogue Library and Qualification Library (Cai Ban [20265438]14), and continuously clean up the procurement items in the centralized government procurement catalogue or above the procurement limit standard as the qualification conditions for participating in government procurement activities, except for the agreed supply and fixed-point procurement applicable to small and sporadic procurement.

(2) Implementing a fair competition review mechanism. Before the procurement documents are made public, the purchaser shall conduct fair competition review and legality review, break down the discriminatory and hidden barriers of government procurement, and protect the rights of various market entities to participate in government procurement activities on an equal footing according to law.

(3) Strictly implement the "negative list". The compilation of procurement documents shall strictly implement the laws, regulations, rules and policies of government procurement and the Negative List of Government Procurement Documents of Zhuhai City, and it is strictly forbidden to set unreasonable conditions to treat suppliers differently, discriminate and tailor-made. The implementation of the negative list is included in the scope of supervision and inspection by purchasers, centralized government procurement institutions and government procurement social institutions.

Second, reduce the transaction cost of the system.

(four) the implementation of electronic government procurement process. Start the electronic trading system of project procurement, and realize online processing of the whole process of project entrustment, procurement document preparation, supplier registration, procurement document acquisition, supplier bidding (response) document submission, expert review, procurement result release, bid-winning (transaction) notice delivery, contract signing, public bidding, invitation to bid, competitive negotiation, inquiry, single source and other procurement methods.

(5) Continue to assist enterprises in financing and credit. Improve the function of government procurement financial service platform and improve the process of government procurement financial service. Strengthen the promotion of government procurement contract financing and broaden the channels for enterprises to obtain performance funds. Purchasers, centralized government procurement institutions and government procurement social institutions shall assist in promoting the financing of government procurement contracts, such as displaying the financing channel information of government procurement contracts in bid evaluation sites and business premises, informing the financing channels in the procurement documents acquisition, delivery of the bid-winning (transaction) notice, contract signing and other links, and prompting the bid-winning (transaction) suppliers to choose to handle according to the voluntary principle.

Third, effectively reduce the burden on enterprises.

(six) to provide free electronic procurement documents. For projects purchased through the project procurement electronic trading system, electronic procurement documents shall be provided to suppliers free of charge, and purchasers, centralized government procurement agencies and government procurement social agencies shall not charge suppliers for electronic procurement documents in disguised form for any reason or name.

(seven) standardize the deposit collection. The bid bond shall be cancelled for goods and services procurement projects below 2 million yuan and engineering procurement projects below 4 million yuan. For goods and services procurement projects with a price of more than 2 million yuan and engineering procurement projects with a price of more than 4 million yuan, bid bond will no longer be collected from suppliers with good credit records. Encourage the purchaser to waive the performance bond or reduce the collection ratio according to the characteristics of the project and the integrity of suppliers. The proportion of performance bond charged to small and medium-sized enterprises shall not be higher than 5% of the contract amount. In principle, no performance bond is charged for post-paid projects. If it is really necessary to collect bid bond and performance bond, suppliers shall be allowed to submit them in non-cash forms such as checks, drafts, promissory notes and letters of guarantee.

(eight) the implementation of the contract prepayment system. In principle, the purchaser shall, according to the actual situation of the procurement project, stipulate the reasonable prepayment ratio and conditions in the procurement documents and contracts. When signing a contract with a small and medium-sized enterprise, the purchaser shall stipulate the advance payment, the proportion of which shall not be less than 30% of the contract amount, and the advance payment shall be paid within 5 working days after signing the contract.

Fourth, implement preferential policies to help enterprises.

(9) Support the development of small and medium-sized enterprises. The purchaser shall strictly implement the Measures for the Administration of Government Procurement to Promote the Development of Small and Medium-sized Enterprises (Caiku [2020] No.46) on the reserved purchasing share of small and medium-sized enterprises, and the competent budget unit shall organize the review of government procurement projects of the department and its subordinate units, and make overall arrangements for the reserved share of small and medium-sized enterprises. Starting from 2022, the competent budget unit shall report to the financial department at the same level the specific situation of the reserved shares and procurement for small and medium-sized enterprises in the previous year, and publicly reserve the implementation of the project.

(ten) the implementation of government procurement support policies. Give full play to the policy support role of government procurement in supporting energy-saving products, environmental labeling products, commodity express packaging, green building materials, innovative products, prison enterprises, employment of disabled people, rural revitalization and so on. To help enterprises grow and develop.

Verb (abbreviation of verb) promotes the speed and efficiency of purchasing.

(1 1) Sign the contract in time to shorten the transaction time. The purchaser should try to shorten the procurement cycle, sign a government procurement contract with the supplier who won the bid (clinch a deal) as soon as possible, and sign the contract within 30 days from the date of issuing the bid-winning notice. In principle, the time for signing a contract with small and medium-sized enterprises should be completed within 20 days from the date of issuing the notice of winning the bid (transaction). The signing of the contract shall not be refused or delayed without justifiable reasons. Except for government procurement queries, complaints and suppliers' own reasons.

(twelve) timely organization of performance acceptance. The procurement contract shall stipulate a clear and reasonable acceptance period, and the acceptance shall be completed within this period. If the project performance meets the acceptance conditions, the purchaser shall timely organize the acceptance work in strict accordance with the acceptance time agreed in the procurement contract, and shall not delay the acceptance work without justifiable reasons. If the purchaser is unable to organize the acceptance within the agreed time due to special circumstances, it shall notify the winning bidder (the transaction person) in writing and organize the acceptance work immediately after the situation is eliminated.

(13) Accelerate the payment of procurement funds. If the payment conditions agreed in the contract are met, the buyer shall pay the contract price to the supplier in time, and the payment time limit shall not exceed 20 working days at the longest. The purchaser shall not delay payment on the grounds of institutional change, personnel change and policy adjustment. Obligations not specified in the procurement documents and contracts shall not be used as conditions for payment to suppliers. The purchaser shall, in accordance with the relevant provisions of financial payment, go through the payment application procedures at the same level in a timely manner.

Sixth, improve the transparency of government procurement.

(fourteen) to promote the openness of government procurement intentions. Through public bidding, invitation to bid, competitive negotiation, competitive consultation, inquiry, single source and other procurement methods, the purchaser shall disclose the procurement intention in advance for the procurement items (excluding confidential items) in the government centralized procurement catalogue or above the procurement limit standard. After the department budget is approved, the purchaser summarizes and "packages" the annual purchase intention of the unit. Before the departmental budget is approved, the purchasing intention shall be publicized according to the "two aspects" of the departmental budget. New procurement projects in budget implementation shall be disclosed in a timely manner. In principle, the disclosure time of procurement intention shall not be later than 30 days before the start of procurement activities. When disclosing the intention of government procurement, it shall indicate whether it is specifically for small and medium-sized enterprises.

(fifteen) to protect the supplier's right to know the procurement results. Improve the content of informing suppliers of the reasons for not winning the bid (closing the contract), including qualification examination, compliance examination and the reasons for being considered as invalid bidding (response), as well as evaluation scores and rankings.

Seven, to promote the full implementation of the main responsibility of the purchaser.

(sixteen) to strengthen the management of procurement demand. The purchaser shall determine the procurement demand before the specific procurement activities are carried out, prepare the procurement implementation plan for contract conclusion and management around the realization of the procurement demand, and at the same time strengthen the risk control over the formation and realization of the procurement demand and procurement implementation plan. Before determining the purchase demand, the purchaser can conduct demand investigation through consultation, demonstration and questionnaire survey. For procurement projects falling within the scope specified in Article 11 of the Measures for the Administration of Government Procurement Requirements, the purchaser shall conduct demand surveys on market participants before determining the procurement requirements, and the contract text shall be examined and approved by the legal consultant hired by the purchaser. The purchaser shall establish a review mechanism to review the procurement requirements and procurement implementation plan before the procurement activities begin. The purchaser is mainly responsible for the management of purchasing demand, and is responsible for the legality, compliance and rationality of purchasing demand and purchasing implementation plan.

(seventeen) to establish the internal control system of the purchaser. The purchaser shall, in accordance with the principle of "exercising power by task, setting power by post, and grading authorization", form a legal, compliant, efficient operation, controllable risk and strict responsibility internal operation management system of government procurement by formulating systems, improving mechanisms, improving measures and standardizing processes, and report the construction of internal control management system of government procurement of this unit to the financial department at the same level for the record.

(eighteen) standardize the procedures for answering questions and complaints. When a supplier raises a query or complaint, the query letter and the complaint letter shall specify that the purchaser is the queried and the respondent, and the purchaser shall give a written reply to the supplier's query or complaint according to laws and regulations.

Eight, strengthen the supervision and management of procurement

(nineteen) innovative supervision methods. Make full use of big data analysis and other technical means to strengthen the supervision of government procurement parties such as purchasers, centralized government procurement institutions, government procurement social institutions, bid evaluation experts and suppliers. And link the inspection of the supervised objects with the credit rating and risk degree, further improve the supervision efficiency and maintain a good order of fair competition in government procurement.

(20) Strengthen joint rewards and punishments. Through the government procurement network and "Credit China" and other websites, the records of serious violations of law and trust will be released, and the joint disciplinary mechanism of "one violation is limited everywhere" will be promoted. Strengthen pragmatic cooperation with the Commission for Discipline Inspection, auditing and other departments, explore the establishment of collaborative mechanisms such as briefing, information sharing, clue pushing and case investigation, and establish a joint disciplinary mechanism.

District (functional area) financial departments, purchasers, centralized government procurement institutions, and government procurement social institutions should fully understand the significance of optimizing the business environment of government procurement, strengthen organizational leadership, refine work requirements, and clarify the division of responsibilities to ensure that all work in the business environment of government procurement in our city is implemented.

This notice shall come into force as of the date of issuance. The Notice on Defining the Management of Government Procurement Margin (Zhu Cai [2020]130) shall be abolished at the same time. If the relevant policies are inconsistent with this notice, the provisions of this notice shall prevail.

Zhuhai Municipal Bureau of Finance

202165438+6 February

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