Notice of the Guangdong Zhuhai Municipal Finance Bureau on optimizing the business environment in the field of government procurement

Procurement units at all levels in the city, financial departments of each district (functional area), government centralized procurement agencies, and government procurement social agencies:

In order to thoroughly implement the "Guangdong Provincial Department of Finance's In accordance with the relevant requirements of the Implementation Opinions on Further Optimizing the Business Environment in the Field of Government Procurement (Guangdong Finance Procurement ﹝2021﹞No. 7), in accordance with the decisions and arrangements of the municipal party committee and government to optimize the business environment, we will continue to create an open, orderly and fair competitive government procurement market. Environment, the relevant matters related to optimizing the procurement business environment of our city government are hereby notified as follows:

1. Ensure equal participation of market entities

(1) Continue to clean up the "three reservoirs". Strictly implement the relevant provisions of the "Notice of the General Office of the Ministry of Finance on Carrying out a Special Cleanup of Government Procurement Alternative Databases, Directory Databases, and Qualification Databases" (Caibanku [2021] No. 14), and continue to clean up agreement suppliers suitable for small-amount sporadic procurement. In addition to goods and fixed-point procurement, for procurement projects within the government centralized procurement catalog or above the procurement quota standard, various alternative databases, directory databases, qualification databases and other suppliers are set up through shortlisting and other methods as qualifications for participating in government procurement activities. library.

(2) Implement a fair competition review mechanism. Before the purchaser discloses procurement documents, it should conduct fair competition review and legality review, break down discriminatory and hidden government procurement barriers, and protect the rights of all market entities to equally participate in government procurement activities in accordance with the law.

(3) Strictly implement the "negative list". The preparation of procurement documents should strictly comply with government procurement laws, regulations, rules and policies and the "Negative List for the Preparation of Zhuhai Municipal Government Procurement Documents". It is strictly prohibited to set unreasonable conditions to implement differential treatment, discriminatory treatment and "tailor-made" behavior against suppliers. The implementation of the "Negative List" is included in the scope of supervision and inspection of purchasers, government centralized procurement agencies and government procurement social agencies.

2. Reduce institutional transaction costs

(4) Implement the electronicization of the entire process of government procurement. Launch the project procurement electronic transaction system to realize project entrustment, procurement document preparation, supplier registration, procurement document acquisition, supplier bidding ( Response) document submission, expert review, release of procurement results, delivery of bid winning (transaction) notice, contract signing and other links are processed online.

(5) Continue to support corporate financial credit. Improve the functions of the government procurement financial service platform and improve the government procurement financial service process. Strengthen the promotion of government procurement contract financing and broaden the channels for enterprises to obtain funds for contract performance. Purchasers, government centralized procurement agencies, and government procurement social agencies should assist in the promotion of government procurement contract financing, such as at bid evaluation sites and business premises. Display the information on financing channels for government procurement contracts, inform the financing channels during the process of obtaining procurement documents, delivering the notice of winning the bid (transaction), signing the contract, etc., and remind the supplier who wins the bid (transaction) to choose to proceed on a voluntary basis.

3. Effectively reduce the burden on enterprises

(6) Provide electronic procurement documents free of charge. For projects that are purchased through the project procurement electronic transaction system, electronic procurement documents should be provided to suppliers for free. Purchasers, government centralized procurement agencies, and government procurement social agencies are not allowed to charge electronic procurement document fees from suppliers in disguise for any reason or name.

(7) Standardize the collection of deposits. For goods and service procurement projects of less than 2 million yuan and engineering procurement projects of less than 4 million yuan, the bidding deposit will be cancelled. For goods and service procurement projects of 2 million yuan and above, and engineering procurement projects of 4 million yuan and above, the bidding deposit will no longer be required. Collect bid bonds from suppliers with good integrity records. Purchasers are encouraged to waive performance deposits or reduce the collection ratio based on project characteristics, supplier integrity, etc. The proportion of performance bonds collected from small, medium and micro enterprises shall not be higher than 5% of the contract amount. For postpaid projects, in principle, no performance bond will be charged. If it is really necessary to collect bid bonds and performance bonds, suppliers should be allowed to submit them in non-cash forms such as checks, money orders, promissory notes, letters of guarantee, etc.

(8) Implement a contract advance payment system. In principle, the purchaser should agree on a reasonable advance payment ratio and conditions in the procurement documents and contracts based on the actual situation of the procurement project.

When the purchaser signs a contract with a small, medium and micro enterprise, an advance payment should be agreed upon, and the advance payment ratio should not be less than 30% of the contract amount. The advance payment should be paid within 5 working days after the contract is signed.

4. Implement preferential policies to assist enterprises

(9) Support the development of small, medium and micro enterprises. Procurers should strictly implement the "Administrative Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises" (Financial Treasury (2020) No. 46) regarding measures such as reserved procurement quotas and price review preferences for small, medium and micro enterprises. The budget unit should organize an assessment of its own department and affiliated units. government procurement projects, and coordinate the formulation of specific plans for reserved shares for small and medium-sized enterprises. Starting in 2022, the budget unit in charge will need to report the reserved shares and procurement details for small, medium and micro enterprises in the previous year to the financial department at the same level, and make public the implementation of reserved projects.

(10) Implement government procurement support policies. Give full play to the policy support function 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, etc., to help enterprises develop and grow.

5. Promote procurement speed and efficiency

(11) Sign contracts in a timely manner to shorten transaction time. The purchaser should shorten the procurement cycle as much as possible, sign a government procurement contract with the winning bidder (transaction) as soon as possible, and sign the contract within 30 days from the date of issuance of the bid winning (transaction) notice. In principle, the contract signing time with small, medium and micro enterprises should be within the winning bid ( The transaction shall be completed within 20 days from the date of issuance of the transaction notice. Contract signing shall not be refused or delayed without justifiable reasons. Exceptions are made due to government procurement doubts, complaints, suppliers' own reasons and other factors.

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

(13) Speed ??up the payment of procurement funds. If the payment conditions stipulated in the contract are met, the purchaser shall pay the contract price to the supplier in a timely manner, and the payment time limit shall not exceed 20 working days. The purchaser shall not delay payment on the grounds of organizational changes, personnel replacements, policy adjustments, etc., and shall not use obligations not specified in the procurement documents and contracts as conditions for payment to suppliers. The purchaser should promptly go through the payment application procedures with the fiscal treasury payment center at the same level in accordance with the relevant regulations on fiscal payment.

6. Improve the transparency of government procurement

(14) Promote the disclosure of government procurement intentions. Procurement projects within the government centralized procurement catalog or above the procurement quota standards (excluding confidential projects) that are procured on a project-by-project basis through procurement methods such as open bidding, invitational bidding, competitive negotiation, competitive consultation, inquiry, and single source. The purchaser shall disclose the purchase intention in advance. The purchaser shall summarize and disclose the unit's annual procurement intentions in a "blanket" manner after the department budget is approved. The procurement intention shall be disclosed before the department budget is approved, and shall be based on the "Second Upgrade" content of the department budget. Procurement intentions for new procurement projects during budget execution should be disclosed in a timely manner. In principle, the disclosure time of procurement intentions shall not be later than 30 days before the start of procurement activities. When disclosing government procurement intentions, it should indicate whether the procurement is specifically for small, medium and micro enterprises.

(15) Ensure suppliers’ right to know the procurement results. Improve the notification content of the reasons for suppliers who did not win the bid (transaction), including the qualification review, compliance review and the reasons for being determined to be invalid bids (responses), as well as review scores and rankings, etc.

7. Promote the full implementation of the main responsibility of the purchaser

(16) Strengthen the management of procurement needs. The purchaser should determine the procurement needs before carrying out specific procurement activities, and prepare a procurement implementation plan for the establishment and management of contracts around the realization of procurement needs. At the same time, the purchaser should strengthen risk control over the formation and implementation process of procurement needs and procurement implementation plans. Before determining procurement needs, purchasers can conduct demand surveys through consultation, demonstration, questionnaires, etc. For procurement projects that fall within the scope of Article 11 of the "Government Procurement Demand Management Measures", the purchaser shall conduct a demand survey on market entities before determining the procurement demand, and the contract text shall be reviewed and approved by the legal advisor hired by the purchaser. The purchaser shall establish a review working mechanism to review the procurement requirements and procurement implementation plan before the procurement activities begin.

The purchaser has the main responsibility for the management of procurement needs and is responsible for the legality, compliance and rationality of the procurement needs and procurement implementation plan.

(17) Establish an internal control system for purchasers. Purchasers should follow the principles of “separating tasks, setting up powers, and hierarchical authorization” to formulate systems, improve mechanisms, improve measures, and standardize processes to form a system that is compliant with laws and regulations, operates efficiently, has controllable risks, and has strict accountability. The internal operation and management system of government procurement shall be formulated, and the construction of the internal control and management system of government procurement of the unit shall be documented and submitted to the financial department at the same level for filing.

(18) Standardize the procedure for answering questions and complaints. When a supplier raises a question or complaint, the letter of question or complaint should indicate that the purchaser is the person being questioned or complained against, and the purchaser should provide a written reply to the supplier's question or complaint in accordance with laws and regulations.

8. Strengthen procurement supervision and management

(19) Innovate supervision methods. Make full use of big data analysis and other technical means to strengthen the supervision of government procurement parties such as purchasers, government centralized procurement agencies, government procurement social agencies, review experts, suppliers, etc., and will examine the supervision objects based on their credit ratings and risk levels link to further improve regulatory efficiency and maintain fair competition and good order in government procurement.

(20) Strengthen joint rewards and punishments. Records of serious violations of laws and untrustworthiness are published through websites such as the Government Procurement Network and "Credit China" to promote the formation of a joint punishment mechanism in which "one violation is subject to restrictions everywhere". Strengthen pragmatic cooperation with the Commission for Discipline Inspection, Audit and other departments, explore and establish collaboration mechanisms such as situation reporting, information sharing, clue pushing, and case assistance investigation, and establish a joint disciplinary mechanism.

The financial departments of each district (functional area), purchasers, government centralized procurement agencies, and government procurement social agencies should fully understand the importance of optimizing the business environment for government procurement, strengthen organizational leadership, and refine work requirements, clarify the division of responsibilities, and ensure that all the procurement and business environment work of our municipal government is implemented.

This notice will be implemented from the date of issuance. The "Notice on Clarifying the Management of Government Procurement Deposits" (Zhucai (2020) No. 130) was abolished simultaneously. Any inconsistencies between previous relevant policies and this notice will be governed by the provisions of this notice.

Zhuhai Municipal Finance Bureau

December 6, 2021

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