Article 1 _ In order to build and improve a unified online intermediary service supermarket in Chongqing (hereinafter referred to as intermediary supermarket), standardize the operation and management of intermediary supermarkets, improve the service level of intermediary supermarkets, and continuously optimize the business environment, according to the Regulations on Optimizing the Business Environment (the State Council Order No.722) and the Work Plan for the Construction of Online Intermediary Service Supermarket in Chongqing (Yu Fu Ban [2020] No.
Article 2 These Measures shall apply to the construction and upgrading, operation and management of intermediary supermarkets, the stationing of procurement personnel and intermediary service agencies, and the procurement and service evaluation of intermediary services that should enter the intermediary supermarkets.
The term "intermediary supermarket" as mentioned in these Measures refers to a comprehensive information service platform established for buyers to purchase intermediary services and providing "one-stop" comprehensive services such as registration, information release, number selection, result feedback, contract signing and service evaluation for transactions.
The term "purchaser" as mentioned in these Measures refers to the administrative departments, administrative counterparts and other market entities that need to entrust intermediary service agencies to carry out intermediary services.
The term "intermediary service institutions" as mentioned in these Measures refers to intermediary organizations that provide paid services to buyers through professional technical knowledge and technical services.
Article 3 _ For the intermediary service items that should enter the intermediary supermarket, please refer to the Work Plan for the Construction of Online Intermediary Service Supermarket in Chongqing (No.95 [2020] of Yu Fu Ban Fa). _ In the city's administrative work (including administrative powers such as administrative license, administrative penalty, administrative compulsion, administrative inspection, administrative payment, administrative expropriation, administrative ruling, administrative confirmation, administrative reward, etc.), it is necessary to entrust intermediary service agencies to use financial funds _ and intermediary services that do not meet the tender quota standards, are outside the government centralized procurement catalogue, and do not meet the procurement quota standards. Including all kinds of technical review, demonstration, evaluation, evaluation, inspection, detection, appraisal, identification, proof, consultation and testing that must be entrusted by the applicant or the administrative examination and approval department in the process of administrative examination and approval.
Article 4 Intermediary supermarkets operate and provide services in accordance with the principle of "one platform for the whole city".
Chapter II Settlement Process
Fifth intermediary supermarkets to implement electronic transactions, buyers and intermediary service agencies _ should be registered in the intermediary supermarket in advance. After the buyer completes the information filling and one-on-one comparison, the white worker enters the intermediary supermarket.
Article 6 _ An intermediary service institution that has settled in an intermediary supermarket shall be able to provide the intermediary services already provided by the intermediary supermarket, have the qualifications and requirements for the corresponding intermediary services, and have the ability to independently sign intermediary service contracts and perform obligations.
Seventh _ intermediary service agencies to apply for information to enter the intermediary supermarket should be publicized in the intermediary supermarket for 2 working days, and accept social supervision. If there is no objection to the publicity, the intermediary _ service organization will automatically settle in the intermediary supermarket. If there is any objection to the publicity, the intermediary supermarket operation institution shall suspend the access procedure, inform the applicant in time, and submit it to the main management department of the intermediary service institution for verification.
Article 8 An intermediary supermarket shall set up an intermediary service agency display column to publicly display the basic information, qualification (qualification) information, credit information, service evaluation price and other information of the intermediary service agency (except information involving state secrets, business secrets, personal privacy and other information that is not suitable for public disclosure), so as to facilitate public inquiry and supervision.
Article 9 _ _ The buyers and intermediary service agencies shall provide true and effective application materials (including application information and change information) when they move in, and be responsible for the completeness, authenticity, validity, accuracy and legality of the materials they provide.
Article 10 _ After the buyer and the intermediary service agency go through the check-in formalities, all their business activities in the intermediary supermarket are regarded as voluntary and true transactions, and they shall bear legal responsibilities for their actions.
Chapter III Selection Procedure
Article 11 A purchaser shall choose an intermediary agency according to the principle of "one thing, one choice". Intermediary service institutions shall decide whether to participate in the transaction according to the requirements of the procurement announcement and the actual situation. Intermediary supermarkets provide preferential selection, direct selection, competitive selection, random selection and other trading methods. The purchaser decides the selection method independently, and no unit or individual may designate an intermediary service agency for the purchaser in any way. However, if an administrative organ needs to entrust an intermediary service agency to provide technical services in the process of administrative examination and approval, it shall select an intermediary service agency through competition. For details of administrative examination and approval, please refer to the List of Effective Intermediary Services in Chongqing Municipality, which is issued by the municipal government.
Twelfth _ selection activities through the Internet online selection, buyers and intermediary service agencies should make preparations for online selection in advance.
When purchasing an intermediary service agency in an intermediary supermarket, the purchaser shall issue a procurement announcement through the intermediary supermarket. The procurement announcement shall specify the project name, project status, contents of intermediary services, qualifications and abilities that intermediary service institutions should possess, service amount (except competitive bidding), selection time, selection method, contract terms, purchaser and contact information, and contact information for accepting complaints. The contact information for accepting complaints can be the contact information of the purchaser's supervision institution or the contact information of the purchaser's superior department.
Article 13 The qualifications, qualification conditions or ability requirements of the purchaser to set up an intermediary service institution shall comply with laws and regulations, optimize the business environment and the relevant provisions of the competent authorities of the industry, and the intermediary service institution shall undertake the intermediary service business in accordance with the relevant provisions of the relevant competent authorities of the industry.
Article 14 The time from the announcement of procurement to the deadline for registration shall not be less than 2 working days. After the expiration of the announcement, if the intermediary service agency is not successfully selected, it is necessary to reissue the _ _ purchase announcement. If the same intermediary service project is restarted, the time from the publication of the procurement announcement to the deadline for registration shall not be less than 1 working day. If an intermediary service institution intends to participate, it shall submit an application for registration through an intermediary supermarket before the registration deadline, and promise to meet all the registration conditions required by the announcement. Some activities do not accept on-site registration.
Fifteenth _ property buyers choose intermediary service agencies in intermediary supermarkets mainly through the following ways:
(1) Choose the best. According to the procurement plan, the purchaser comprehensively compares the service ability level, service quality, effect, similar performance, service commitment, staffing, credit information and other factors of the registered intermediary service institutions, and then selects the best intermediary service institutions. The procurement plan shall be issued at the same time as the procurement announcement.
(2) _ Direct selection. The purchaser directly determines the intermediary service institutions from the registered intermediary service institutions.
(3) _ Bidding selection. The purchaser shall specify the reasonable quotation range in the procurement announcement, and the intermediary service agency shall fill in the service price according to the requirements of the procurement announcement after self-evaluation and calculation according to the project situation, and the effective quotation is within the reasonable quotation range. According to the principle of the lowest price, the intermediary supermarket automatically determines the intermediary service agency selected from the intermediary service agencies with effective quotation. If there is only one effective intermediary service organization, the intermediary service organization shall be selected after the quotation, and the quotation is the contract price. If there are two or more equally valid lowest quotations, the intermediary supermarket will be selected from the intermediary service agencies with the lowest valid quotations.
(4) _ Random sampling. The intermediary supermarket randomly draws lots by computer from the intermediary service institutions that have signed up for the project to determine the selected intermediary service institutions.
Sixteenth _ after the selection results are produced, the intermediary supermarket will announce the selection results. _ Before signing the contract with the selected intermediary service institution, the purchaser shall make substantive verification on whether the selected intermediary service institution meets the relevant registration conditions. After verification, if the intermediary service institution does not meet the registration conditions, the purchaser shall give feedback to the intermediary supermarket operation institution and deal with it in accordance with the relevant provisions.
Chapter IV Code of Conduct
Seventeenth intermediary service institutions to participate in the procurement of intermediary services as stipulated in Article 3 of these Measures shall abide by the provisions of laws and regulations, abide by the relevant rules of intermediary supermarkets, and shall not have the following acts:
(1) _ Providing false materials and licenses (forging, tampering, lending, borrowing licenses, _ _), submitting materials that are inconsistent with the reality or not updated in time _;
(2) _ To undertake business beyond the scope of qualification, and the qualification and qualification conditions or abilities do not meet the requirements of the procurement announcement, and register in response to the procurement announcement (the documents provided before signing the contract shall prevail, and the intermediary service agency shall update them in time);
(3) _ engaging in business operations by improper means such as commercial slander, false propaganda and commercial bribery;
(four) _ colluding with other intermediary service agencies to disrupt the order of fair competition;
(5) Abandoning the bid-winning result without justifiable reasons, or failing to sign a contract with the purchaser in accordance with the provisions of the procurement announcement without justifiable reasons;
(6) _ Failing to provide services according to the professional norms, the service quality is unqualified, or the service result does not meet the requirements of the professional norms and is returned by the competent department of the industry;
(seven) _ subcontracting or illegal subcontracting of service projects;
(eight) providing false data, information and materials, and issuing false reports, conclusions, supporting documents or other materials;
(9) _ Dumping the quotation at a price lower than the cost;
(ten) to ask for an increase in service charges or a decrease in service standards for improper reasons such as low quotation and thin profit;
(eleven) in the provision of services, the use of practice to seek illegitimate interests;
(twelve) the use of supervision, evaluation, auditing and other service advantages to interfere with the daily operations of other intermediary service institutions or require other intermediary service institutions to transfer benefits;
(thirteen) do not complete the service according to the service time limit required by the contract;
(fourteen) other acts in violation of laws and regulations.
Article 18 A buyer who enters an intermediary supermarket shall not commit any of the following acts:
(a) to ban the original self-built intermediary agency library or to build a new intermediary agency library in violation of regulations and use it;
(two) _ do not enter the intermediary supermarket to buy according to the regulations;
(three) _ set conditions in violation of regulations, and exclude intermediary service institutions from participating in the competition;
(4) _ No reasonable quotation range is set in the bidding selection;
(five) _ cancel or terminate the procurement project that has issued the procurement announcement without justifiable reasons;
(six) did not answer the effective questions raised by the intermediary service agencies in time;
(seven) _ require intermediary service agencies to give up the bid, or unilaterally take _ cancel the bid result without justifiable reasons;
(8) Adding unequal or obviously unreasonable terms in the contract signing, or not signing a contract with the winning bidder after the bidding result is publicized;
(9) _ Forcibly increasing the service scope and content in the service process, without any factual basis _ Malicious bad review of the successful candidate;
(ten) in the process of intermediary service, providing false information, or colluding with intermediary service institutions, practicing fraud, interfering with and influencing intermediary service activities;
(eleven) do not pay the service fee as agreed in the contract or default without reason;
(twelve) in the selection of intermediary service institutions and the performance of the contract, bribery, or _ have other illegitimate interests;
(thirteen) refusing to implement the reasonable opinions put forward by the intermediary service institutions without justifiable reasons, or not accepting the reports, conclusions and supporting documents provided by the intermediary service institutions according to law;
(fourteen) other acts in violation of laws and regulations.
Chapter V Service Evaluation
Nineteenth intermediary supermarket operating institutions shall establish and improve the intermediary supermarket service evaluation system, and evaluate the selection activities and performance of buyers and intermediary service institutions.
Twentieth _ should enter the intermediary supermarket transaction intermediary services, _ buyers _ should be through the intermediary supermarket service evaluation system to evaluate the behavior of the selected intermediary service institutions and service satisfaction. The evaluation content includes five aspects: conducting business according to regulations, observing trading rules, quality and effect of performance, service charges and integrity, service timeliness and other aspects, with a five-point system, in which:
(1) _ Undertaking business as required (5 points). Assess whether the intermediary service institutions exist in the situations listed in Items (1) to (3) of Article 17 in Chapter IV of these Measures and other situations in which they undertake business in violation of regulations.
(2) _ Abide by the trading rules (5 points). Evaluation of the existence of intermediary service institutions _ The situations listed in Items (4) to (5) of Article 17 in Chapter IV of these Measures and other acts that violate the rules of the Exchange.
(3) _ Quality and effect of performance (5 points) Assess whether the intermediary service institution has any of the situations listed in Items (6) to (8) of Article 17 in Chapter IV of these Measures and whether it operates according to the rules.
Provide standard and standardized services for the process, as well as professional level, service ability, result _ quality, etc.
(four) _ service charges and integrity (5 points). Evaluation of intermediary service institutions whether there are circumstances listed in Item (9) to Item (12) of Article 17 in Chapter IV of these Measures, whether they charge service fees according to the price agreed in the contract, and problems in good faith.
(5) _ Service restrictions and others (5 points). Evaluate whether the intermediary service institutions exist in the situations listed in Items (13) to (14) of Article 17 in Chapter 4 of these Measures, and whether they timely feedback the service progress and problems, work efficiency and response speed.
The above evaluation shall truly express the opinions of the Buyer's unit. If the score is less than 3_, the reasons for the score should be explained, and the corresponding evidence can be uploaded to the intermediary supermarket as evidence to be displayed to the appraised party. The arithmetic average of the five scores is the comprehensive evaluation score obtained by the intermediary service agency in the selected project.
Twenty-first _ intermediary services that should enter the intermediary supermarket transaction, the selected intermediary service institutions shall evaluate the procurement activities and performance of the purchaser through the intermediary supermarket service evaluation system. The evaluation content includes five aspects: entry transaction, announcement, bid winning and signing, performance cooperation, payment and integrity, and other five aspects, among which:
(1) _ Admission transaction (5 points). Assess whether the purchaser has the circumstances listed in Items (1) to (2) of Article 18 in Chapter IV of these Measures.
(2) _ Announcement (5 points). Assess whether the purchaser has any of the circumstances listed in Items (3) to (6) of Article 18 in Chapter IV of these Measures, and other acts in violation of the provisions of the announcement.
(three) _ winning and signing (5 points). Assess whether the purchaser has the circumstances listed in Items (7) to (8) of Article 18 in Chapter IV of these Measures, as well as the code of conduct during the signing process.
(4) _ Cooperation in performance (5 points). Assess whether the purchaser has the situations listed in Items (9) to (10) of Article 18 in Chapter IV of these Measures, as well as the coordination and problem solving during the performance stage.
(5) _ Payment and integrity and others (5 points). Evaluate whether the intermediary service institutions have the situations listed in Items (11) to (14) of Article 18 in Chapter IV of these Measures, whether they have paid the service fees according to the contract, and whether there are problems of integrity.
The above evaluation shall truly express the opinions of the selected intermediary service institutions. If the score is less than 3 points, the reasons for the score shall be explained, and relevant evidence can be uploaded to the intermediary supermarket as evidence to be displayed to the evaluated party. The arithmetic average of the five scores is the comprehensive evaluation score obtained by the purchaser in this project.
Twenty-second _ intermediary supermarket service evaluation system carries out arithmetic average on the evaluation results of all service items of intermediary supermarket intermediary service institutions, and obtains the dynamic evaluation results of intermediary supermarket intermediary service institutions (business types), and displays them in the form of "stars", with each point corresponding to one star, with a full score of five stars.
Article 23 An intermediary supermarket operator shall show the acts of intermediary service institutions in violation of Article 17 of Chapter IV of these Measures, the acts of buyers in violation of Article 18 of Chapter IV of these Measures, and the penalties imposed by administrative departments for violating relevant laws and regulations.
Twenty-fourth _ intermediary supermarket operating institutions shall strengthen the guidance for buyers to choose intermediary service institutions, and encourage buyers to choose intermediary service institutions that meet the code of conduct and have high service evaluation under the same conditions.
Chapter VI Dispute Resolution
Twenty-fifth intermediary supermarkets should provide online question and answer channels. Intermediary service agencies can question the procurement announcement (including procurement documents) online. The content of the questions should be related to the procurement intermediary service, with substantive questions and clear directions, and must not violate the provisions of laws and regulations. In case of inquiry meeting the above requirements, the purchaser should answer questions in time before the transaction, and answering questions will not affect the normal procurement procedures. If the purchaser needs to revise the announcement, C will be reissued after revision.
Twenty-sixth intermediary supermarket operation process, including the selection process of buyers and intermediary service agencies, publicity and other technical services, by the intermediary supermarket operation agencies responsible for the interpretation and handling.
Article 27 Disputes arising from transactions between purchasers and intermediary service agencies, including disputes over the conditions of procurement announcement, determination of the winning bidder, contract signing and service evaluation, can be resolved in the following ways:
(a) _ First ask questions to the disputing party, who will be responsible for explaining, _ answering questions and handling them;
(2) _ If the explanation, answering and handling of the disputed counterpart are not satisfactory or still controversial, _ the complaint can be made through the complaint contact information specified in the procurement announcement or other legal channels. _ If both parties to the dispute are willing to negotiate, they may invite intermediary supermarket operators to provide witness services;
(3) _ If the dispute is still unresolved through the above procedures, both parties may bring a lawsuit to the people's court for settlement.
Chapter VII Division of Responsibilities
Twenty-eighth city public * * * resources trading supervision bureau to perform the lead duties, in conjunction with the relevant departments of the city level to establish a joint meeting mechanism for the construction of intermediary supermarkets, to discuss and solve the problems in the construction and operation of intermediary supermarkets.
Article 29 The lead departments of intermediary supermarkets in all districts and counties are responsible for taking the lead in promoting local buyers to settle in intermediary supermarkets, cleaning up self-built warehouses and intermediary services, coordinating the related activities of local buyers in intermediary supermarkets, and contacting the competent departments of relevant industries in the corresponding districts and counties.
Article 30 The municipal, district and county departments in charge of industry are responsible for business guidance, supervision and management of intermediary service institutions in this industry, compiling the list of intermediary service items in this industry, comprehensively cleaning up and banning the self-built intermediary service libraries in this industry, popularizing intermediary service items in this industry, and establishing norms and standards for intermediary service in this industry. Formulate a model contract for intermediary services in this industry, carry out management training and social publicity, and mediate disputes in the performance stage of intermediary services in this industry. The municipal competent department of industry is responsible for organizing relevant industry associations to study and publish the charging guide or price information of intermediary services in this industry for the reference of buyers and intermediary service institutions.
The office of the municipal government and the Municipal Bureau of Justice take the lead in _ managing and improving the city's administrative work _ need to entrust intermediary service agencies to carry out intermediary services _ single.
Article 31 _ * * Resource Trading Center, as the operating organization of intermediary supermarkets, is responsible for the construction, upgrading and daily operation of intermediary supermarkets, realizing information sharing between intermediary supermarkets and relevant industry authorities, and providing services for online transactions of intermediary supermarkets; Carry out _ trading business training and social publicity to improve the social awareness and recognition of intermediary supermarkets; Ensure the safe and stable operation of the system, make timely statistics on transactions and service evaluation, and make them public in intermediary supermarkets in time to promote open and fair transactions.
Intermediary supermarkets do not charge transaction service fees during the incubation period, and shall be implemented in accordance with the relevant provisions of the municipal government after the incubation period.
Chapter VIII Supplementary Provisions
Thirty-second _ administrative organs at all levels, institutions, state-owned enterprises and social organizations need to purchase intermediary services for self-management, and can contact the intermediary supermarket transportation agency for settlement and transaction. Encourage social capital projects to choose intermediary service institutions through intermediary supermarkets. The above trading activities and service evaluation shall be implemented with reference to these measures.
Thirty-third _ during the implementation of these measures, laws, regulations and rules provide otherwise.
Thirty-fourth _ these Measures shall come into force 30 days after the date of promulgation.