Notice of the Ministry of Finance on printing distributing the Interim Measures for the administration of government procurement agencies

[Issuing unit] Ministry of Finance [Wen 　　 No.] Caiku [2018] No. 2

[Promulgation date] 2018-01-04 [Regulations laws category] Agency

[Implementation date] 2018-03-11 [Regulatory level] Regulatory documents of the Ministry of Finance

Ministry of Finance documents

Caiku (2018) No. 2

Notice of the Ministry of Finance on Issuing the "Interim Measures for the Administration of Government Procurement Agencies"

Relevant departments of the Party Central Committee, various ministries commissions of the State Council, various agencies directly under the State Council, the General Office of the Standing Committee of the National People's Congress, the General Office of the National Committee of the Chinese People's Political Consultative Conference, the High Court, the High Procuratorate, the central committees of all democratic parties, relevant people's organizations, all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning Department of Finance (Bureau), Finance Bureau of Xinjiang Production Construction Corps:

The "Interim Measures for the Administration of Government Procurement Agencies" are hereby printed distributed to you, please follow them implement them.

Attachment: Interim Measures for the Administration of Government Procurement Agencies Click to download

Ministry of Finance

January 4, 2018

Interim Measures for the Administration of Government Procurement Agencies

Chapter 1 General Provisions

Article 1 In order to strengthen the supervision management of government procurement agencies promote the standardized development of government procurement agencies, these measures are formulated in accordance with the "People's Republic of China Government Procurement Law", "The People's Republic of China Government Procurement Law Implementation Regulations" other laws regulations.

Article 2 The government procurement agency (hereinafter referred to as the agency) mentioned in these Measures refers to a social intermediary agency other than a centralized procurement agency that is entrusted by the purchaser to engage in government procurement agency business.

Article 3 These Measures shall apply to the registration, practice management, credit evaluation supervision inspection of agencies.

Article 4 The financial departments of the people's governments at all levels (hereinafter referred to as the financial departments) shall supervise administer the government procurement agency business conducted by agencies in accordance with the law.

Article 5 The financial department shall strengthen the government procurement business training for agencies continuously improve the professional level of agencies. Encourage social forces to carry out training to enhance agency business capabilities.

Chapter II Directory Registration

Article 6 The agency implements directory registration management. Provincial finance departments rely on the provincial branch of China Government Procurement Network (hereinafter referred to as the provincial branch) to establish a directory of government procurement agencies (hereinafter referred to as the directory). The directory information is shared nationwide disclosed to the public.

Article 7 The agency shall fill in the following information to apply for entry into the directory through the provincial branch of the industrial commercial registration place (hereinafter referred to as the registration place), promise to be responsible for the authenticity of the information:

(1) Agency information such as the name of the agency, the unified social credit code, the address of the office, the telephone number;

(2) Personal information such as valid identity certificates of legal representatives full-time practitioners;

(3) Internal supervision management system;

(4) If the review work is organized at its own site, the address of the review site monitoring equipment facilities shall be provided;

(5) Other materials required by the provincial finance department.

If the registration information is changed, the agency shall update it by itself within 10 working days the date of the information change.

Article 8 If the registration information of an agency is incomplete, the financial department shall promptly inform it to complete the registration information; if the agency’s registration information is complete clear, the financial department shall promptly open the relevant government procurement management transaction system information release, expert extraction, etc. operation authority .

Article 9 If an agency is engaged in business outside the provincial administrative division of its place of registration, it shall apply to the finance department of the place it is employed to open the relevant operating authority of the government procurement management transaction system. The finance department of the place of work shall require it to submit registration materials repeatedly compulsorily require it. Establish branches in the place of practice.

Article 10 When an agency cancels, it shall hand over the files to the relevant purchaser, promptly go through the procedures for cancellation of the directory with the provincial finance department it is registered.

Chapter III Employment Management

Article 11: An agency acting as a government procurement agent shall meet the following conditions:

(1) the ability to independently bear civil liability;

(2) Establishing a sound internal supervision management system for government procurement;

(3) no less than 5 full-time practitioners who are familiar with government procurement laws regulations, have the ability to prepare procurement documents organize procurement activities;

(4) independent office premises office conditions necessary for the government procurement business;

(5) Those who organize review work at their own sites shall have the necessary review sites, audio video monitoring equipment facilities, comply with the standards set by the provincial people's government.

Article 12 The purchaser shall independently the best agency the list based on the characteristics of the project, the professional field of the agency the results of the comprehensive credit evaluation.

No unit individual may interfere with the purchaser's choice of agency by way of lottery, lottery, selection, etc.

Article 13 When an agency is entrusted by the purchaser to handle procurement matters, it shall sign an agency agreement with the purchaser, clarifying the scope, authority, time limit, file preservation, method standard of collecting agency fees, termination termination of the agreement, liability for breach of contract, etc. For specific matters, the rights obligations of both parties are agreed upon.

Article 14 The agency shall carry out government procurement agency business in strict accordance with the provisions of the entrusted agency agreement in accordance with laws regulations. The relevant bid opening review activities shall be audio video recordings throughout the process. The audio video recordings shall be clearly distinguishable, the audiovisual materials shall be archived together as procurement documents.

Article 15 The agency fee can be paid by the bid-winning contracted supplier, by the purchaser. If paid by the bid-winning contracted supplier, the supplier’s quotation shall include agency fees. If the agency fee exceeds the decentralized procurement limit standard, in principle, it shall be paid by the bid-winning transaction supplier.

The agency shall clearly indicate the method standard for collecting agency fees in the procurement documents, disclose the fees for this project together with the winning bids the results of the transaction, including the specific fees the amount of fees.

Article 16 the purchaser the agency agree in the agency agreement that the agency shall be responsible for the preservation of the procurement documents, the agency shall properly keep the procurement documents, shall forge, alter, conceal destroy the procurement documents. The retention period of procurement documents shall be at least 15 years the date of completion of procurement.

Procurement documents can be stored in electronic archives. electronic archives are used to save procurement documents, the relevant electronic archives shall comply with the requirements of the "Archives Law of the People's Republic of China" "The Electronic Signature Law of the People's Republic of China" other laws regulations.

Chapter IV Credit Evaluation, Supervision Inspection

Article 17 The financial department is responsible for organizing the comprehensive credit evaluation work of agencies. Purchasers, suppliers review experts conduct comprehensive credit evaluations on the agency’s agency activities based on the agency’s practice. The results of comprehensive credit evaluation shall be shared nationwide.

Article 18 Procurers review experts shall record the performance of the agency’s duties in the government procurement credit evaluation system within 5 working days after the end of the procurement activity review activity.

Suppliers can record the performance of the agency’s responsibilities in the government procurement credit evaluation system within 5 working days after the end of the procurement activity.

The agency can inquire about the performance of its responsibilities in the government procurement credit evaluation system, give an explanation on the relevant situation.

Article 19 The financial department shall establish a sound random inspection mechanism that combines targeted non-targeted random inspections. Conduct targeted inspections on government procurement projects with clues about violations of laws regulations; conduct non-targeted inspections through random selection of inspection objects random selection of law enforcement inspectors for daily supervision matters.

The financial department can rationally optimize the frequency of supervision inspection of agencies based on the results of the comprehensive credit evaluation.

Article 20 The financial department shall strengthen the supervision inspection of agencies in accordance with the law. The supervision inspection shall include the following:

(1) The authenticity of the agency directory information;

(2) The signing implementation of the agency agreement;

(3) The preparation sale of procurement documents, review organization, release of information announcements, selection evaluation of review experts;

(4) The receipt refund of the deposit, the notification of the bid-winning transaction supplier;

(5) Entrusted to sign government procurement contracts assist the purchaser in organizing acceptance inspections;

(6) Respond to supplier queries cooperate with the financial department in handling complaints;

(7) File management;

(8) Other government procurement practices.

Article 21 The results of supervision inspection of agencies shall be disclosed to the public in the government procurement information release media designated by the financial department at above the provincial level.

Article 22 An agency that has been penalized by the financial department for prohibiting its agency for government procurement business shall stop its agency business in a timely manner. Projects that have signed an agency agreement shall be dealt with according to the following circumstances:

(1) For projects that have yet started, the agency agreement shall be terminated in time;

(2) Projects that have already begun to be implemented should be terminated in time if they can be terminated, if they cannot be terminated due to objective reasons, the aftermath should be properly handled.

Article 23 The violation of government procurement laws regulations by agencies their staff shall be dealt with in accordance with government procurement laws regulations; suspected crimes shall be transferred to judicial organs for handling.

If an agency’s illegal acts cause losses to others, it shall bear civil liability in accordance with the law.

Article 24: In case the staff of the financial department has abuse of power, neglect of duty, malpractice for personal gains other violations of laws disciplines in the management of agencies, they shall be governed by the Government Procurement Law of the People’s Republic of China, the Civil Service Law of the People’s Republic of China, the Administration of the People’s Republic of China. The Supervision Law, the Implementation Regulations of the Government Procurement Law of the People’s Republic of China other relevant national regulations shall be held accountable; if a crime is suspected, it shall be transferred to the judicial organs for handling.

Chapter V Supplementary Provisions

Article 25 The government procurement industry association shall carry out activities in accordance with the regulations formulated in accordance with the law to strengthen the self-discipline of the agency industry.

Article 26 Provincial finance departments may formulate specific implementation measures in accordance with the provisions of these Measures.

Article 27 These Measures shall be implemented on March 1, 2018.