The municipal finance bureau, Shunde Finance and Taxation Bureau, county (city) finance bureau directly under the jurisdiction of the finance department, provincial units and procurement agencies:
In order to standardize the disclosure of government procurement information in our province, improve the transparency of government procurement, and strengthen the social supervision of government procurement, according to the Budget Law of the People’s Republic of China, the People’s Republic of China (PRC) Government Procurement Law, the Regulations for the Implementation of the People’s Republic of China (PRC) Government Procurement Law, the Measures for the Implementation of the People’s Republic of China (PRC) Government Procurement Law in Guangdong Province, and the Notice of the Ministry of Finance on Doing a Good Job in the Disclosure of Government Procurement Information, and other laws and regulations and government procurement-related regulations, we hereby notify you as follows.
First, the scope and subject of government procurement information disclosure
Procurement project information, including government procurement project budget, single-source publicity, procurement plan, procurement demand, pre-qualification announcement, procurement documents, procurement announcement, correction or change announcement, result announcement, procurement contract, acceptance report and other information, shall be disclosed by the purchaser or the procurement agency entrusted by him.
Regulatory information, including complaints, supervision and inspection decisions made by the financial department, assessment results of centralized procurement institutions, and records of illegal and untrustworthy behaviors, shall be made public by the financial department.
Other government procurement information that should be disclosed by laws, regulations and rules shall be disclosed by the relevant subjects according to law.
The subject of government procurement information disclosure is responsible for the authenticity, integrity and compliance of the disclosed government procurement information.
Two, the government procurement information disclosure channels
The government procurement system in the online service hall of Guangdong Provincial Department of Finance (hereinafter referred to as Guangdong Provincial Government Procurement Network) is the designated public media of government procurement information in our province, and the information of government procurement projects must be made public in a unified format on the Guangdong Provincial Government Procurement Network.
In order to expand the coverage of information dissemination, government procurement information can also be published on the central main website of China Government Procurement Network (www.ccgp.gov.cn), China Finance and Economics News (China Government Procurement News), China Government Procurement Magazine, China Finance Magazine, and other media designated by local financial departments or purchasers’ own public channels.
The information of procurement projects with a budget of more than 5 million yuan and the information records of illegal and untrustworthy behaviors of government procurement are pushed to the central main website of China Government Procurement Network by Guangdong Provincial Government Procurement Network for release.
Three, the government procurement information disclosure content and time limit
Government procurement information includes government procurement project information, government procurement supervision information, and other government procurement information that should be disclosed as stipulated by laws, regulations and rules. In addition to information involving state secrets, commercial secrets and laws and regulations that should be kept confidential, government procurement information such as project budget, single-source publicity, procurement plan, procurement demand, pre-qualification announcement, procurement documents, procurement announcement, correction or change announcement, result announcement, procurement contract, acceptance report and regulatory information shall be disclosed to the public in a timely manner according to procedures.
(1) Budget of procurement projects.
The budget amount of government procurement projects shall be disclosed in procurement announcements such as tender announcement, prequalification announcement, competitive negotiation announcement, competitive consultation announcement and inquiry announcement, as well as procurement documents such as tender documents, negotiation documents, consultation documents and inquiry notice. The budget amount of the procurement project is based on the government procurement budget in the departmental budget approved by the financial department; The projects purchased before the departmental budget is approved shall be subject to the government procurement plan in the detailed project budget approved by the financial audit; If the specific procurement items have been listed in the departmental budget, they shall be disclosed according to the budget amount of the specific procurement items in the departmental budget; If the procurement items are not listed in the departmental budget, the departmental budget shall be decomposed according to the actual work and made public according to the budget amount of the specific procurement items after decomposition.
(2) single-source publicity.
Meet the standard of the amount of public bidding, in line with the provisions of the first paragraph of Article 31 of the People’s Republic of China (PRC) Municipal Government Procurement Law, and can only purchase from a single supplier. Before reporting to the financial department for approval, the purchaser and the procurement agency shall publicize it in the media designated by the financial department at or above the provincial level. The publicity content shall include the purchaser; Purchase item number; Name of the procurement project; Budget amount of procurement project; Description of the goods or services to be purchased; Reasons for adopting single-source procurement method and related explanations; The name and address of the proposed unique supplier; Independent opinions of experts on the uniqueness of relevant suppliers due to patents, proprietary technology and other reasons, as well as the name, work unit and professional title of the experts; Comprehensive opinions of the expert group; Time limit for publicity; Contact matters, etc. The publicity period shall not be less than 5 working days. (See attachment format 1)
(3) Procurement plan.
The public content of the procurement plan shall include the purchaser; Purchase item number; Name of the procurement project; Name of the purchased item; Budget amount of procurement project; Purchase quantity; Demand time; Procurement method; Filing time, etc. After the procurement plan is filed by the financial department, the system will directly push it to the public. (See attachment format 2)
(4) Announcement on soliciting opinions on procurement requirements.
The procurement demand shall meet the requirements of technology, service and safety stipulated by laws and regulations and government procurement policies.
For public service projects provided by the government to the public, the purchaser shall solicit public opinions at least 10 working days before determining the procurement demand, and the contents of the announcement for soliciting opinions shall include the name of the procurement project; Name of the purchased item; Announcement period; Time and method of feedback; Contact matters, etc. (See attachment format 3)
(5) Pre-qualification announcement.
The pre-qualification announcement period is 5 working days.
1. Invitation to tender and other prequalification announcements. The public content shall include the procurement project number; Name of the procurement project; Budget amount of procurement project; Project contents and requirements (including government procurement policies to be implemented for procurement projects); Contents, standards and methods of prequalification; Qualification documents to be submitted by the supplier; Time for submitting the prequalification application documents; The place where the prequalification application documents are submitted; Announcement period; Contact matters; Procurement documents, etc. The time for submitting pre-qualification application documents shall not be less than 5 working days from the date of announcement. (See attachment format 4)
The results of pre-qualification examination shall be determined and announced within 3 working days after the deadline for registration. The public contents shall include the purchaser and his contacts; Procurement agencies and their contacts; Purchase item number; Name of the procurement project; Supplier registration, review, etc. (See Attachment Format 5)
2. Announcement on procurement prequalification of government and social capital cooperation projects (hereinafter referred to as PPP projects). The public content shall include the authorized subject of the project; Project implementation agency; PPP project number; PPP project name; Purchasing demand of PPP project; Qualification requirements for social capital (for example, whether the consortium is allowed to participate in procurement activities, whether the quantity of qualified social capital to participate in competition is limited, the methods and standards for limiting, qualification documents, etc.); Policy requirements such as purchasing domestic goods and services, technology introduction and transfer, and guarantee requirements for social capital to participate in procurement activities and performance guarantees; Time for submitting the prequalification application documents; The place where the prequalification application documents are submitted; Announcement period; Contact matters; Procurement documents, etc. The time for social capital to submit prequalification application documents shall not be less than 15 working days from the date of announcement. (See Attachment Format 6)
(six) procurement documents, procurement announcements, corrections or changes.
1. Procurement documents. Procurement documents refer to the bidding documents in bidding and other procurement methods that send invitations to suppliers. The procurement documents shall be made public at the same time with the procurement announcement or the announcement of the bid winning and closing results.
(1) The contents of the tender documents shall include the budget amount of the procurement project; Business conditions, procurement requirements, qualifications of bidders, bid quotation requirements, bid evaluation methods, bid evaluation standards and the text of the contract to be signed. The provision period of the tender documents shall not be less than 5 working days from the date when the tender documents are issued.
(2) The contents of competitive negotiation documents shall include supplier qualification conditions, procurement invitation, procurement method, procurement project budget amount, procurement demand, procurement procedures, price composition or quotation requirements, response document preparation requirements, deadline and place for submitting response documents, amount and form of deposit payment, and criteria for evaluating the transaction, etc. Clarify the contents that may be substantially changed by the negotiating team according to the negotiation with suppliers, including the technical and service requirements in the procurement requirements and the terms of the draft contract. It shall not be less than 3 working days from the date when competitive negotiation documents are issued to the deadline when suppliers submit their first response documents.
(3) The contents of the inquiry notice shall include supplier qualification conditions, procurement invitation, procurement method, procurement project budget amount, procurement demand, procurement procedures, price composition or quotation requirements, response document preparation requirements, deadline and place for submitting response documents, amount and form of deposit payment, and criteria for evaluating the transaction, etc. It shall not be less than 3 working days from the date when the inquiry notice is issued to the deadline when the supplier submits the response documents.
(4) The contents of competitive negotiation documents shall include supplier qualification conditions, procurement invitation, procurement method, procurement project budget amount, procurement demand, government procurement policy requirements, evaluation procedures, evaluation methods, evaluation criteria, price composition or quotation requirements, response document preparation requirements, amount and form of deposit payment, non-refundable deposit, possible substantial changes during negotiation, deadline, opening time and place for submission of response documents, and terms of draft contract, etc. It shall not be less than 10 days from the date when the competitive negotiation document is issued to the deadline when the supplier submits the first response document. The sale period of competitive negotiation documents shall not be less than 5 working days from the date of commencement.
(5) The contents of 5)PPP project procurement documents shall include the procurement invitation, instructions to competitors (including the requirements of sealing, signing and stamping, etc.), the qualifications, credit and performance certification documents that competitors should provide, the procurement method, the government’s authorization to the project implementation agency, the approval of the implementation plan and the relevant project approval documents, the procurement procedures, the requirements for the preparation of response documents, the deadline for submitting response documents, the opening time and place, the amount and form of deposit payment, and the evaluation method. Evaluation criteria, government procurement policy requirements, draft contracts and other legal texts of government and social capital cooperation projects, details of variable project contracts in the negotiation of procurement results confirmation, and whether suppliers who have not participated in pre-qualification are allowed to participate in competition and conduct post-qualification review, etc. It is clear that the project contract must be submitted to the people’s government at the same level for examination and approval, and the project contract shall not take effect before it is approved; Policy requirements such as purchasing domestic goods and services, technology introduction and transfer, and guarantee requirements for social capital to participate in procurement activities and performance guarantees.
Where competitive negotiation or competitive negotiation procurement is adopted, in addition to the contents specified in the preceding paragraph, the project procurement documents shall also specify the contents that may be substantially changed by the evaluation team according to the negotiation with social capital, including the technical and service requirements in the procurement requirements and the terms of the draft project contract.
2. Procurement announcement.
(1) The contents of the public tender announcement shall include the number of the procurement project; Name of the procurement project; Budget amount of procurement project; Purchase quantity; Contents and requirements of procurement projects (including government procurement policies to be implemented for procurement projects); Supplier qualification; The time, place and method of obtaining the tender documents and the selling price of the tender documents; Deadline for bidding; Place of submission of bid documents; Time of bid opening; Place of bid opening; Announcement period; Contact matters; Principal-agent agreement; Bidding documents, etc. The duration of the tender announcement is 5 working days. (See Attachment Format 7)
(2) The contents of competitive negotiation announcement, competitive consultation announcement and inquiry announcement shall include the procurement project number; Name of the procurement project; Budget amount of procurement project; Purchase quantity; Project contents and requirements (including government procurement policies to be implemented for procurement projects); Supplier qualification; The time, place and method of obtaining negotiation, consultation and inquiry documents and the selling price of the documents; Deadline for submission of negotiation, consultation and inquiry documents; The place where the negotiation, consultation and inquiry documents are submitted; Time for negotiation, consultation and inquiry; Place of negotiation, consultation and inquiry; Announcement period; Contact matters; Principal-agent agreement; Competitive negotiation documents, competitive consultation documents, inquiry notices, etc. The period of competitive negotiation announcement, competitive negotiation announcement and inquiry announcement is 3 working days. (See Attachment Format 8)
(3) If the purchaser or procurement agency makes necessary clarifications or amendments to the issued bidding documents, prequalification documents, competitive negotiation documents and competitive negotiation documents in which suppliers are invited to participate by announcement, it shall issue a correction announcement in the original announcement media and notify all potential suppliers who have obtained the procurement documents in writing. The contents of the rectification announcement shall include the time of the original announcement, the name and number of the procurement project, and the reasons and contents of the rectification; Corrected deadline for bidding (response); Contact matters. (See Attachment Format 9)
If the clarification or modification may affect the preparation of bidding documents, prequalification application documents and response documents, a correction notice shall be issued at least 15 days before the deadline for bidding, at least 3 days before the deadline for submitting prequalification application documents, or 3 working days before the deadline for submitting the first response documents, and all potential suppliers who have obtained the procurement documents shall be notified in writing; If it is less than the above time, the deadline for submitting bid documents, prequalification application documents and response documents shall be postponed.
(4) The announcement of change refers to the announcement of extending the deadline of bidding and the time of bid opening. The contents of the announcement shall include the time of the original announcement, the name and number of the procurement project, and the reasons and contents of the change; The changed deadline for bidding (response); Contact matters. The notice of change shall be issued at least 3 days before the deadline for submission of bidding documents, and all recipients of bidding documents shall be notified in writing. (See Attachment Format 9)
(7) announcement of results.
1. Announcement of bid winning and closing results.
The bid winning and closing announcement period is 1 working day.
(1) The contents of the announcement of the bid-winning and transaction results of government procurement projects such as open tender, invitation to tender, competitive negotiation, inquiry, single source and competitive negotiation shall include the number of the procurement project; Name of the procurement project; Budget amount of procurement project; Procurement method; The name, legal representative and address of the supplier who won the bid and clinched the deal; Name, specification, model, quantity, unit price, bid, transaction amount and service requirements of the bid-winning and transaction target; Review date, review place, list of persons in charge and members of the review committee (negotiation group, consultation group, inquiry group or single-source procurement group); Evaluation opinions (if the supplier is recommended to participate in procurement activities in writing, the recommendation opinions of the purchaser and evaluation experts shall also be announced); Announcement period; Contact matters; Bidding documents, competitive negotiation documents, competitive consultation documents, inquiry notice, etc. The announcement of the bid winning and closing results shall be published within 2 working days from the date when the bid winning and closing suppliers are determined. (See Attachment Format 10)
The agreed designated procurement project shall also announce the shortlisted price, price adjustment rules and preferential conditions.
(2) Pre-winning bid of 2)PPP project and publicity of transaction results. The publicity content shall include the PPP project number; PPP project name; Procurement method; The name, legal representative and address of the social capital that won the bid in advance; The name of the pre-winning bid and the target of the transaction, and the publicity period; Contact matters; According to the procurement documents, response documents, relevant addendum documents and confirmation negotiation memorandum, the text of the project contract (the text of the project contract shall take the important commitments and technical documents in the social capital response documents of pre-winning bid and transaction as annexes, and the contents involving state secrets and commercial secrets may not be publicized). The project implementation agency shall, within 10 working days after the pre-bid and the social capital of the transaction are determined, sign a memorandum of confirmation negotiation with the pre-bid and the social capital of the transaction, and publicize the pre-bid and the transaction results and the text of the project contract for not less than 5 working days. (See Attachment Format 11)
(3) Announcement of bid winning and closing results of 3)PPP project. The contents of the announcement shall include the PPP project number; PPP project name; Procurement method; The name, legal representative and address of the social capital that won the bid and clinched the deal; The name of the bid winner and the subject matter of the transaction, and the main conditions of the bid winner and the transaction (including but not limited to the cooperation period, service requirements, project budget, return mechanism, etc.); List of members of the review team and the negotiation working group for confirmation of procurement results; Policy requirements such as purchasing domestic goods and services, technology introduction and transfer, and guarantee requirements for social capital to participate in procurement activities and performance guarantees; Announcement period; Contact matters; Project contract text, etc. The announcement of the winning bid and the closing result shall be released within 2 working days after the expiration of the pre-winning bid and the closing result publicity without objection. (See Attachment Format 12)
2. Notice on the cancellation of bid (termination). In case of invalid bid in public bidding and invitation bidding, an announcement of invalid bid shall be issued. In case of termination of procurement activities in competitive negotiation, competitive consultation, single-source procurement and inquiry, a project termination announcement shall be issued. The contents of the announcement of the cancellation of bid (termination) shall include the number of the procurement project; Name of the procurement project; Release time of procurement announcement; Time of bid opening (quotation); Matters, contents and reasons for the cancellation of bid (termination); The time of bid invalidation (termination); Contact matters, etc. The announcement of bid cancellation (termination) shall be issued within 2 working days from the date when the bid cancellation or project termination is determined. (See Attachment Format 13)
(8) Procurement contracts.
The government procurement contract shall be made public within 2 working days from the date of signing. The part of the government procurement contract involving state secrets and commercial secrets may not be made public, but other contents shall be made public. The contents of government procurement contracts involving state secrets shall be determined by the purchaser in accordance with the Law on Guarding State Secrets and other legal systems. The contents of the procurement contract involving trade secrets shall be agreed by the purchaser with the supplier in the contract according to the provisions of the Anti-Unfair Competition Law, the Supreme People’s Court’s Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People’s Republic of China (PRC) (Fa Fa Fa [1992] No.22) and other legal systems. Among them, the name, specifications, unit price and contract amount of the subject matter of the contract shall not be regarded as trade secrets. Names and contact information related to personal privacy in the contract shall not be made public except with the consent of the obligee.
The government procurement contract shall specify the main clauses such as the contract object, contract amount, performance period and liability for breach of contract in accordance with the standard contract format and be completely disclosed. The disclosure of government procurement contracts shall include the purchaser; Purchase item number; Name of the procurement project; Contract number; Name of the contract; The successful bidder and the successful supplier, their addresses and contact information; Contract amount; Budget amount of procurement project; Time of signing the contract; Time of contract announcement; Contact matters; Announcement of winning the bid and closing the transaction; Procurement contract text, etc. (See Attachment Format 14)
If the government procurement contract signed after March 1, 2015 is not made public as required, it shall be made public in the format required by this notice before October 31, 2015.
(9) Acceptance report.
The public service projects provided by the government to the public shall invite the clients to participate in the acceptance and issue opinions, and the acceptance results shall be announced to the public. The contents of the acceptance report shall include the procurement project number; Name of the procurement project; Contract number; Name of the contract; The successful bidder and the successful supplier, their addresses and contact information; Contract amount; Name, specification, model, quantity, unit price, bid, transaction amount and service requirements of the bid-winning and transaction target; Acceptance conclusion; List of members of the acceptance team; Contact matters; Acceptance letter text, etc. (See Attachment Format 15)
The acceptance report shall be issued within 2 working days from the date of completion of performance acceptance.
(10) Regulatory information.
Government procurement supervision information mainly includes information on illegal and untrustworthy behaviors of government procurement parties and review experts, records of bad behaviors of government procurement parties and review experts, handling decisions such as government procurement complaints or supervision and inspection, assessment results of centralized procurement institutions, and information disclosure of government procurement projects. The supervision information of government procurement is made public through columns such as "information on illegal and untrustworthy behavior", "exposure desk", "decision on handling complaints or inspections" and "other supervision information".
1. The contents of the announcement on the information record of illegal and untrustworthy behaviors of government procurement parties and evaluation experts shall include the name and address of the parties, the specific circumstances of illegal and untrustworthy behaviors, the basis for handling, the results of handling, the date of handling and the name of law enforcement agencies. Information records of monthly violations of laws and regulations and dishonesty shall be announced no later than the 10th day of the following month.
2. The contents of the announcement of bad behavior records of government procurement parties and review experts shall include the names of the parties, reasons, handling organs and handling results. The record of bad behavior shall be announced within 5 working days after the completion and implementation of the relevant reporting procedures.
3 government procurement complaints or supervision and inspection decision announcement shall include the name and address of the relevant parties; The complaint involves the name of the procurement project and the procurement date; Complaints or major issues of supervision and inspection; Processing basis; Processing results; Name of law enforcement agency; Announcement date and other information. The decision on handling government procurement complaints or supervision and inspection shall be announced within 5 working days after the completion and implementation of the relevant reporting procedures.
4. The announcement of the assessment results of the centralized procurement institution shall include the name and address of the centralized procurement institution; Main contents of assessment; Assessment method; Assessment results; There are problems; Assessment unit, etc. The assessment results shall be announced within 5 working days after the completion and implementation of the relevant reporting procedures.
5 other regulatory information shall be disclosed in accordance with the requirements of government procurement laws and regulations and related systems.
IV. Relevant requirements
(a) financial departments at all levels, departments, units and procurement agencies should strengthen the awareness of the rule of law, do a good job in the disclosure of government procurement information in accordance with the law, improve the system, optimize the process, implement the division of responsibilities, establish and improve the working mechanism of government procurement information disclosure, and earnestly fulfill the responsibilities and obligations of government procurement information disclosure.
If the relevant provisions of the Notice of the Provincial Department of Finance on Further Standardizing the Announcement of Government Procurement Information (Guangdong Finance Procurement [2014] No.11) are inconsistent with this notice, this notice shall prevail.
(two) the financial departments at all levels should do a good job in upgrading the relevant information systems and online media in a timely manner, and complete the docking work with the Guangdong provincial government procurement network system. Give full play to the advantages of information technology, innovate information disclosure methods, improve information disclosure functions, improve the automation level of government procurement information disclosure, and create convenient conditions for purchasers and agencies to disclose government procurement information and accept social supervision. The Provincial Department of Finance will publish the specific operational guidelines for provincial budget units to disclose government procurement information on the Guangdong Provincial Government Procurement Network.
(III) The financial departments at all levels should strengthen the guidance, supervision and inspection on the disclosure of government procurement information, increase the penalties for violations of laws and regulations, and pursue legal responsibilities in accordance with the relevant provisions of the People’s Republic of China (PRC) Government Procurement Law and the Regulations for the Implementation of the People’s Republic of China (PRC) Government Procurement Law.
(four) this notice shall be implemented as of October 1, 2015. Cities and counties (cities, districts) directly under the jurisdiction of finance can be fully opened before the end of 2015 with reference to the requirements of this notice in light of local conditions.
(five) in case of problems and suggestions in the implementation, please report to the Provincial Department of Finance (Government Procurement Supervision Office) in a timely manner.
Guangdong Provincial Finance Department
September 1, 2015
