general rule
first
In order to strengthen the supervision and management of government procurement agencies and promote the standardized development of government procurement agencies, these measures are formulated in accordance with the People's Republic of China (PRC) Government Procurement Law, the People's Republic of China (PRC) Government Procurement Law Implementation Regulations and other laws and regulations.
Rule number two The term "government procurement agency" as mentioned in these Measures refers to the social intermediary agencies engaged in government procurement agency business entrusted by purchasers other than centralized procurement agencies.
Rule three. These Measures shall apply to the directory registration, business management, credit evaluation, supervision and inspection of intermediary institutions.
Article 4? The financial departments of the people's governments at all levels (hereinafter referred to as the financial departments) shall supervise and manage the institutions engaged in government procurement agency business according to law.
Article 5? The financial department should strengthen the training of government procurement business for agencies, and constantly improve the professional level of agencies. Encourage social forces to carry out training and improve the business ability of intermediaries.
Chapter two? Directory registration
Article 6? The agency implements directory registration management. The provincial finance department shall establish a list of government procurement agencies based on the provincial subnet of China government procurement network (hereinafter referred to as the provincial subnet). Directory information is shared and made public nationwide.
Article 7? An agency applying to enter the directory through the provincial subnet of industrial and commercial registration (hereinafter referred to as the place of registration) shall fill in the following information and promise to be responsible for the authenticity of the information:
(a) the name of the institution, unified social credit code, office address, contact telephone number and other institutional information;
(2) Personal information such as valid identification certificates of legal representatives and full-time employees;
(3) Internal supervision and management system;
(four) to organize the evaluation work in its own place, it shall provide the address of the evaluation place and the monitoring equipment and facilities;
(five) other materials required by the provincial finance department.
Where the registered information is changed, the agency shall update itself within 10 working days from the date of information change.
Article 8? If the registration information of the institution is incomplete, the financial department shall promptly inform it to improve the registration information; If the registration information of the agency is complete and clear, the financial department shall promptly open the operation authority of information release and expert extraction of the relevant government procurement management trading system.
Article 9? Where an agency engages in business outside the provincial administrative division of the place of registration, it shall apply to the financial department of the place of business for opening the relevant operating authority of the government procurement management trading system, and the financial department of the place of business shall not require it to submit registration materials repeatedly, and shall not force it to set up branches in the place of business.
Article 10 When an agency cancels, it shall hand over the files to the relevant purchasers, and go through the procedures for canceling the catalogue with the provincial finance department at the place of registration in time.
Chapter III Employment Management
Article 11
An agency for government procurement business shall meet the following conditions:
(1) Having the ability to bear civil liability independently;
(two) to establish and improve the internal supervision and management system of government procurement;
(three) there are not less than five full-time personnel who are familiar with government procurement laws and regulations and have the ability to prepare corresponding procurement documents and organize procurement activities;
(4) Having independent office space and office conditions necessary for acting as an agent for government procurement business;
(five) to organize the evaluation work in their own places, they should have the necessary evaluation places and monitoring equipment and facilities such as audio and video recording, and meet the standards stipulated by the provincial people's government.
Article 12? The purchaser shall, according to the characteristics of the project, the professional field of the agency and the comprehensive credit evaluation results, independently select the agency from the list.
No unit or individual may interfere with the purchaser's choice of agency by means of lottery, lottery and number selection.
Article 13 Where a purchaser entrusts an agency to handle procurement matters, it shall sign an agency agreement with the purchaser, specifying the agency scope, authority, time limit, file keeping, methods and standards for collecting agency fees, rescission and termination of the agreement, liability for breach of contract and other specific matters, and stipulating the rights and obligations of both parties.
Article 14 An agency shall carry out the government procurement agency business in strict accordance with the principal-agent agreement in accordance with the law, and the relevant bid opening and bid evaluation activities shall be recorded and recorded throughout the whole process, and the audio-visual materials shall be clearly identifiable and filed together as procurement documents.
Fifteenth agency fees can be paid by the successful supplier or the purchaser. If paid by the winning bidder or the winning supplier, the supplier's quotation shall include the agency fee. If the agency fee exceeds the standard of decentralized procurement limit, it shall be paid by the winning bidder and the transaction supplier in principle.
The agency shall clearly indicate the collection methods and standards of agency fees in the procurement documents, and disclose the charges of this project together with the winning bid and the transaction results, including the specific charging standards and the amount of fees.
Article 16 If the purchaser and the agency agree in the agency agreement that the agency is responsible for keeping the procurement documents, the agency shall keep the procurement documents properly and shall not forge, alter, conceal or destroy them. The storage period of procurement documents shall be at least fifteen years from the date of completion of procurement.
Purchasing documents can be saved in electronic files. If the procurement documents are saved by electronic files, the relevant electronic files shall meet the requirements of People's Republic of China (PRC) Archives Law, People's Republic of China (PRC) Electronic Signature Law and other laws and regulations.
Chapter IV Credit Evaluation, Supervision and Inspection
Article 17? The financial department is responsible for organizing the comprehensive credit evaluation of intermediary institutions. Buyers, suppliers and evaluation experts conduct comprehensive credit evaluation on agency activities according to the employment situation of the agency. The comprehensive credit evaluation results should be shared by the whole country.
Article 18? The purchaser and bid evaluation experts shall, within 5 working days after the end of the procurement activities or bid evaluation activities, record the performance of the duties of the agency in the government procurement credit evaluation system.
Suppliers can record the performance of their duties in the government procurement credit evaluation system within 5 working days after the end of procurement activities.
An agency can inquire about the performance of its duties in the government procurement credit evaluation system and explain the relevant situation.
Nineteenth financial departments should establish and improve the random sampling mechanism combining directional sampling and non-directional sampling. Directed inspection of government procurement projects with illegal clues; For daily supervision matters, non-directional inspections are conducted by randomly selecting inspection objects and randomly selecting law enforcement inspectors.
The financial department can reasonably optimize the frequency of supervision and inspection of intermediary institutions according to the comprehensive credit evaluation results.
Article 20? The financial department shall strengthen the supervision and inspection of the agency according to law, and the supervision and inspection shall include the following contents:
(a) the authenticity of the information in the directory of intermediary institutions;
(two) the signing and implementation of the agency agreement;
(3) Preparing and selling procurement documents, organizing evaluation, issuing information announcements, and selecting and evaluating evaluation experts;
(four) the collection and refund of the deposit, and the notice of the supplier who won the bid or clinched the deal;
(five) commissioned to sign government procurement contracts, to assist the purchaser to organize acceptance;
(6) Answer the supplier's questions and cooperate with the Finance Department to handle complaints;
(7) Archives management;
(eight) other government procurement behavior.
Article 21? The results of the supervision and inspection of the agency shall be made public to the public on the government procurement information release media designated by the financial department at or above the provincial level.
Article 22? The agency punished by the financial department for prohibiting the agency of government procurement business shall stop the agency business in time, and the projects that have signed the agency agreement shall be handled separately according to the following circumstances:
(a) the project has not yet started, and the agency agreement shall be terminated in time;
(two) the project that has already started to be implemented shall be terminated in time if it can be terminated, and the aftermath shall be properly done if it cannot be terminated due to objective reasons.
Article 23? Acts of organs and their staff in violation of government procurement laws and regulations shall be handled in accordance with government procurement laws and regulations; Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law.
If an illegal act of an agency causes losses to others, it shall bear civil liability according to law.
Article 24?
If the staff of the financial department have any violation of laws and regulations such as abuse of power, dereliction of duty, favoritism and malpractice, they shall be investigated for relevant responsibilities in accordance with the Procurement Law of People's Republic of China (PRC), the Civil Service Law of People's Republic of China (PRC), the Administrative Supervision Law of the People's Republic of China and the Regulations for the Implementation of the Procurement Law of People's Republic of China (PRC). Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law.
Chapter V Supplementary Provisions
Article 25
Government procurement industry associations carry out activities in accordance with the articles of association formulated according to law, and strengthen the self-discipline of the agency industry.
Article 26? The provincial finance department may formulate specific implementation measures according to the provisions of these measures.
Article 27? These Measures shall come into force on March 1 day, 2065.