Current location - Education and Training Encyclopedia - Education and training - Regulations of Shenzhen Special Economic Zone on Government Procurement (revised 20 12)
Regulations of Shenzhen Special Economic Zone on Government Procurement (revised 20 12)
Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations in order to standardize government procurement, improve its efficiency and effectiveness, promote fair trade, promote the building of a clean government and protect the legitimate rights and interests of participants in government procurement. Article 2 These Regulations shall apply to state organs, institutions and organizations that use fiscal funds to purchase goods, projects or services. The use of fiscal funds by enterprises for procurement shall be implemented in accordance with other relevant laws and regulations.

Bidding for construction projects included in the scope of construction project management shall be carried out in accordance with the provisions of relevant laws and regulations; Where there are no provisions in laws and regulations, these Regulations shall apply. Article 3 Government procurement shall follow the principles of openness, fairness, fair competition, frugality, high efficiency, honesty and credibility, and value for money. Article 4 The financial departments of municipal and district governments are the competent departments of government procurement (hereinafter referred to as the competent departments), and are responsible for the supervision and management of government procurement activities.

Supervision, auditing, market supervision and other relevant departments shall supervise and manage government procurement in accordance with their duties.

City and district government centralized procurement agencies are responsible for organizing the implementation of centralized procurement affairs and other related work. Fifth municipal and district governments should explore the innovation of government procurement system, give play to the role of centralized government procurement agencies, and support the development of social procurement agencies. Article 6 Government procurement shall be subject to planned management. The purchaser shall not purchase outside the government procurement plan, and the centralized government procurement institution or social procurement institution shall not accept the government procurement outside the government procurement plan.

The municipal competent department shall, jointly with relevant departments, formulate government procurement standards, which shall be promulgated and implemented after being approved by the municipal government. Government procurement shall not exceed the standard for procurement. Seventh government procurement is mainly centralized procurement, supplemented by independent procurement. The implementation of centralized procurement, should enter the government centralized procurement platform.

The term "centralized procurement" as mentioned in these Regulations refers to the project procurement inside and outside the centralized procurement catalogue and above the centralized procurement quota standard.

The projects in the centralized procurement catalogue are organized and implemented by the government centralized procurement agencies.

For projects that exceed the centralized procurement catalogue and centralized procurement quota standards, the purchaser shall entrust social procurement agencies to implement procurement according to regulations, but confidential, urgent and major procurement projects shall be implemented by government centralized procurement agencies. The purchaser who is recognized by the municipal competent department as having the ability to organize procurement can organize procurement by himself through the centralized government procurement platform.

For government procurement projects outside the centralized procurement catalogue and below the centralized procurement quota standard, the purchaser shall make procurement with reference to the provisions of these Regulations.

The municipal competent department shall, according to the procurement budget, scale and other factors, formulate the municipal centralized procurement catalogue and centralized procurement quota standards every year, and report them to the municipal government for approval before promulgation and implementation. The competent departments of all districts shall, in accordance with these regulations, formulate the centralized procurement catalogue and centralized procurement quota standards in this district, and promulgate and implement them after being approved by the district government. Article 8 The municipal competent department shall, according to the economic and social development goals of the state and this Municipality, jointly with relevant departments, formulate preferential procurement or compulsory procurement measures, support environmental protection, energy conservation and emission reduction, low-carbon economy and circular economy products, and promote the transformation and upgrading of economic structure and the development of small and medium-sized enterprises.

The compulsory procurement mentioned in the preceding paragraph means that purchasers, centralized government procurement agencies and social procurement agencies should purchase goods or services within the conditions and scope stipulated by the government.

Buyers, centralized government procurement agencies and social procurement agencies shall strictly implement preferential procurement measures or compulsory procurement measures. Ninth government procurement should adopt Internet information technology, establish and improve the unified electronic government procurement management trading platform in the city, and promote electronic government procurement. Tenth the implementation of government procurement professionals and full-time management system. The municipal competent department shall, in accordance with the government procurement qualification standards stipulated by the state, train and assess the government procurement practitioners. Chapter II Participants in Government Procurement Article 11 Participants in government procurement refer to various subjects who enjoy rights and undertake obligations in government procurement activities, including purchasers, centralized government procurement agencies, social procurement agencies, suppliers and evaluation experts. Article 12 A purchaser shall perform the following duties:

(a) the implementation of the chief executive or legal representative responsibility system, establish and improve the government procurement management system and workflow;

(two) according to the budget of the government procurement plan and its implementation;

(three) put forward the government procurement requirements and confirm the procurement documents;

(four) according to the prescribed procedures to determine the successful bidder or the supplier;

(five) to sign a government procurement contract and fulfill the obligations of acceptance, settlement and payment stipulated in the contract;

(six) responsible for government procurement information statistics and file management;

(seven) responsible for answering questions and inquiries about the government procurement projects of the unit, and assisting the competent authorities in handling complaints;

(eight) other duties stipulated by laws, regulations and the municipal government. Thirteenth municipal government centralized procurement agencies shall perform the following duties:

(a) to implement the laws, regulations and relevant provisions of government procurement, participate in the formulation of relevant provisions of government procurement, and establish and improve the operating rules of centralized procurement;

(two) in accordance with the provisions of the organization and implementation of centralized procurement catalog project procurement and participate in the acceptance;

(three) in accordance with the provisions of the organization and implementation of confidentiality, emergency and major procurement projects and participate in the acceptance;

(four) to provide places, networks, information and consulting services for the centralized government procurement platform;

(five) to evaluate the benefits of procurement projects entering the centralized government procurement platform;

(6) Tracking and managing the bid evaluation process and quality of bid evaluation experts;

(seven) responsible for accepting and coordinating the consultation and inquiry about government procurement projects, and assisting the competent authorities in handling complaints;

(eight) the establishment of government procurement database, market research and price analysis;

(nine) other duties stipulated by laws, regulations and the municipal government.

Entrusted by the competent department, the centralized procurement institution of the municipal government establishes and manages a unified centralized government procurement platform in the whole city, records contracts for government procurement projects, establishes and manages supplier libraries, and manages supplier performance.

The centralized procurement institution of the municipal government as mentioned in these Regulations refers to the specialized agency established by the municipal government to organize the procurement of procurement projects listed in the centralized procurement catalogue and provide services for government procurement activities.

The responsibilities of the centralized procurement institutions of the district government shall be stipulated separately by the detailed rules for the implementation of these regulations.