Interim Measures for the Administration of Bidding Agency Service Charges
Notice of the Ministry of Finance on Conscientiously Doing a Good Job in the Qualification Identification of Government Procurement Agencies
Chapter I General Provisions
Article 1 In order to strengthen the management of government procurement agencies, standardize government procurement behavior, improve government procurement efficiency and ensure the quality of government procurement, these Measures are formulated in accordance with the provisions of the Government Procurement Law of People's Republic of China (PRC) and relevant laws and regulations.
Article 2 These Measures shall apply to government procurement agencies domiciled in the administrative area of Weihai City and government procurement agencies domiciled outside the administrative area of Weihai City and entering this area to act as government procurement agents.
Weihai Municipal Government Procurement Management Office performs the functions of supervision and management of government procurement agencies.
Government procurement agencies resident outside the administrative area of Weihai must register with the Weihai Municipal Government Procurement Management Office when they enter the local area to act as government procurement agents.
Article 3 The procurement supervision and management institutions of the municipal and municipal governments shall select the government procurement agencies that handle the centralized government procurement business through public bidding, and implement dynamic management.
Article 4 The government procurement supervision and management institutions at all levels shall meet the needs of the development of government procurement, cultivate and expand all kinds of government procurement institutions, and build a pragmatic, innovative, dedicated and efficient government procurement team.
Chapter II Qualification Management
Article 5 A government procurement agency acting as an agent for government procurement within the administrative area of Weihai City must have the qualifications recognized by the financial department of the people's government at or above the provincial level and have the ability to independently bear civil liabilities.
Article 6 A government procurement agency shall act as an agent for government procurement within the recognized business scope and qualification scope.
Article 7 A government procurement agency must have a fixed office space, employees, facilities and equipment to act as an agent for government procurement.
Article 8 Where a government procurement agency established within the administrative area of Weihai City is approved for division, merger or cancellation, it shall report to the Weihai Municipal Government Procurement Management Office in writing within 15 days from the date of approval by the relevant departments.
Chapter III Rights and Obligations
Article 9 A government procurement agency shall enjoy the following rights:
(1) Accepting the entrustment and independently organizing and implementing government procurement activities according to law;
(two) according to the relevant provisions to confirm the qualification of suppliers;
(three) in accordance with the relevant provisions of the intermediary service fee;
(four) other rights stipulated by laws, regulations and rules.
Article 10 A government procurement agency shall undertake the following obligations:
(a) strict implementation of laws, regulations, normative documents and management system;
(two) to safeguard the legitimate rights and interests of the parties involved in government procurement;
(3) To be responsible for keeping relevant materials, information and business secrets;
(4) Accepting and answering inquiries from potential suppliers;
(five) in the government procurement activities, accept the supervision of the government procurement supervision and management institutions;
(6) Organizing participation in government procurement training;
(seven) other obligations stipulated by laws, regulations and rules.
Chapter IV Practice Management
Eleventh government procurement agencies shall organize and implement government procurement activities in accordance with the provisions of laws, regulations, normative documents and management systems.
Twelfth government procurement agencies should establish and improve the internal supervision and management system, procurement decision-making and implementation procedures should be clear, and mutual supervision and restraint.
Article 13 Employees of government procurement agencies shall have relevant professional qualities and skills, and meet the professional post requirements stipulated by government procurement supervision and management institutions.
Article 14 A government procurement agency shall, on the basis of entrusting government procurement, sign an entrustment agreement with the client, determine the entrusted matters according to law, and stipulate the rights and obligations of both parties.
Acting for government procurement must be based on the government procurement plan and approval opinions approved by the government procurement supervision and management institution.
Fifteenth government procurement agencies should record and video the process of bid opening and evaluation, and save them as electronic files.
Sixteenth government procurement agencies should seriously accept government procurement inquiries and make a reply.
Chapter V Training Management
Seventeenth Weihai municipal government procurement management office should strengthen the training and management of employees of government procurement agencies, and effectively improve the professional level and business skills of procurement teams.
Government procurement training should adhere to the principles of integrating theory with practice, applying what they have learned, teaching according to needs and paying attention to actual results.
Eighteenth government procurement training to full-time training, supplemented by non-full-time training.
Full-time training can take the form of special lectures, seminars and training courses. , and determine the training time, content and method according to the needs of the business work undertaken; It can be entrusted to relevant formal training institutions or organized by the procurement management office of Weihai Municipal Government.
Government procurement agencies should actively organize and participate in government procurement training and cooperate with the training work; Conduct various forms of off-the-job training.
Nineteenth government procurement training should implement the registration management system.
The training of employees should be regarded as one of the important contents of the assessment of government procurement institutions.
Chapter VI Assessment Management
Twentieth Weihai Municipal Government Procurement Management Office shall assess the government procurement agencies and employees according to law.
Twenty-first assessment content
(1) system. Including internal organization, rules and regulations, supervision and restriction mechanism, etc.
(2) Facilities and equipment. Including the fixed business premises, office equipment and transportation required for organizing and implementing government procurement activities.
(3) personnel quality. Including basic quality, professional skills and business examination, work style, work attitude and service level; Innovation, dedication and pragmatism.
(4) Work quality. Including the implementation of government procurement laws, regulations, rules and management systems; Quality of bidding documents (negotiation documents, inquiry documents); Limit the scope and content of government procurement information release; Management of bid opening and bid evaluation site; Formulate and sign procurement contracts; The collection of intermediary service fees and the management of deposit; Filing and preservation of procurement documents; Submit report data; Answers to questions; Efficiency and success rate of government procurement.
(5) Business training. Including the number of employees participating in the training, the number of employees, test scores and internal training.
(6) professional ethics. Including dedication, honesty and trustworthiness, adherence to principles, practice according to law, objectivity and fairness, honesty and self-discipline.
Article 22 Evaluation methods
(A) the method of combining qualitative and quantitative assessment. Quantitative evaluation of quantifiable content and qualitative comprehensive evaluation of unquantifiable content.
(two) the method of combining regular and random assessment. In addition to the normal assessment, according to the actual situation, take random assessment.
(three) the assessment method combining special inspection with comprehensive inspection. A special evaluation can be made on a government procurement activity, or a comprehensive evaluation can be made on the implementation of government procurement within a period of time.
Article 23 Evaluation requirements
(1) The Weihai Municipal Government Procurement Management Office organizes an evaluation team to evaluate the government procurement agencies. The members of the evaluation team may invite personnel from discipline inspection and supervision, auditing and other relevant departments to participate, and if necessary, invite purchasers and suppliers to participate.
(two) before organizing the review, the review plan and scheme should be formulated, and the government procurement agency should be notified in the form of documents ten days before the implementation of the review.
(three) the review team may solicit the opinions of the buyers and suppliers on the government procurement agency, and take it as a reference for the review.
(four) after the review, a written review opinion is formed, and the formal review result is formed after the comprehensive review team, purchaser and supplier of Weihai Municipal Government Procurement Management Office.
The evaluation results will be notified in writing to the evaluated government procurement agency and published on Weihai government procurement website.
Chapter VII Legal Liability
Twenty-fourth government procurement agencies in any of the following circumstances, shall be ordered to make corrections within a time limit, given a warning, and may also be fined. The directly responsible person in charge and other directly responsible personnel shall be punished by the administrative department or the relevant authorities and notified:
(a) purchasing by other means without public bidding;
(2) raising the procurement standards without authorization;
(3) Differentiating or discriminating against suppliers under unreasonable conditions;
(4) Negotiating with bidders in the process of bidding and purchasing;
(five) refusing the relevant departments to carry out supervision and inspection according to law.
Twenty-fifth government procurement agencies and their staff in any of the following circumstances, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be fined, and if there is illegal income, it shall be confiscated. Those who belong to the staff of state organs shall be given administrative sanctions according to law:
(1) Malicious collusion with suppliers;
(2) Accepting bribes or obtaining other illegitimate interests in the procurement process;
(3) disclosing the pre-tender estimate before the bid opening;
(4) disclosing the names and numbers of potential bidders who have obtained the bidding documents or other bidding information that may affect fair competition before the bid opening;
(five) providing false information in the supervision and inspection carried out by the relevant departments according to law.
Twenty-sixth government procurement agencies in any of the following circumstances, shall be ordered to make corrections within a time limit, given a warning, and may be fined according to law. The directly responsible person in charge and other directly responsible personnel shall be punished by the administrative department or the relevant authorities according to law and notified:
(a) the information should be published in the government procurement information release media designated by the financial department but not published;
(two) the project that must be subject to tender is broken into parts or evaded by any other means;
(3) Restricting or excluding potential bidding suppliers with unreasonable requirements, giving different or discriminatory treatment to potential bidding suppliers, or specifying specific suppliers in the bidding documents, which contains other contents that tend to or exclude potential bidding suppliers;
(4) failing to submit the entrusted bidding agreement, bidding documents, bid evaluation reports, procurement contracts and other documents that should be filed to the financial department of the people's government at the same level for the record;
(five) refusing the relevant departments to carry out supervision and inspection according to law.
Article 27 If a government procurement agency violates the provisions of the Government Procurement Law by concealing or destroying the procurement documents that should be kept or forging or altering the procurement documents, it shall be fined between 20,000 yuan and 100,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-eighth government procurement agencies have illegal acts in the government procurement business, shall be fined in accordance with the relevant laws and regulations, and report to the superior financial department to cancel its agency qualification according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 29 If a government procurement agency commits any of the acts in Articles 24, 25 and 26 of these Measures and causes losses to others, it shall bear civil liability in accordance with relevant civil laws.
Thirtieth staff of government procurement supervision and management institutions in violation of the provisions of these measures in the implementation of supervision and management, fraud, favoritism or abuse of power, shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.