Notice of the Ministry stressed that good government procurement information is disclosed in accordance with law

Notice of the Ministry stressed that good government procurement information is disclosed in accordance with law
Treasury [2015] No. 135
CPC Central Committee departments, wagons, agencies directly under the NPC Standing Committee General Office of the CPPCC National Committee General Office of the High Court, the Supreme People's Procuratorate, the various democratic parties, people's organizations, the provinces, autonomous regions, municipalities Department of Finance (Bureau), the Xinjiang production and construction Corps Finance Bureau:
To further implement the party's eighth session of the Third and Fourth Plenary Session, according to deepen fiscal and tax reform, the implementation of open and transparent budget system overall deployment, according to "People's Republic of China Government Procurement Law implementation of the" Government Procurement Law of the People's Republic of China " regulations "," People's Republic of China Government information disclosure Ordinance "," party and government organs austerity against waste provisions of regulations "and other laws and regulations, we hereby do according to the law of government procurement information disclosure about the matter as follows:
First, attach great importance to the work of government procurement information disclosure
Transparency is an important principle of government procurement management system. Government procurement information disclosure work to do, both comprehensive reform to establish a modern financial system inevitable requirement to strengthen an important measure to improve the social supervision and enhance the credibility of the government, in regulating government procurement, government procurement activities to maintain an open, fair and impartial important. "People's Republic of China Budget Law," "People's Republic of China Government Procurement Law Implementation Regulations" and the "party and government organs austerity combat waste regulations" are proposed to improve transparency in government procurement, to promote information disclosure, strengthen social supervision from new angles and at different levels requirements and determine the whole process of government procurement information disclosed in goal-oriented. All localities and departments should open the government procurement law program information, and in accordance with the disclosure requirements of the Finance Budget, announced the overall situation of the unit of government procurement arrangements and the implementation of the budget, from a procurement budget to the procurement process and results of the procurement of the whole process of information disclosure . All localities and departments should attach great importance to fully understand the importance of open government procurement information and urgency of the work, do a good job in government procurement information disclosure work, government procurement activities under the sun, manage "chaos extending the powers of hand".
Second, do a good job in government procurement information disclosure work
(A) general requirements.
Establish and improve accountability mechanisms work, simple smooth operational processes and centralized distribution channels, to ensure that government procurement information released timely, complete and accurate information about government procurement to achieve the whole process open and transparent.
(B) the scope of the disclosure and the body.
1. Procurement information, including procurement notice, procurement documents, procurement budget, procurement, results and other information, by the purchaser or its delegate agency responsible for public procurement;
2. Regulatory penalties, including complaints, monitoring and inspection of the decision made by the financial sector, centralized procurement agencies examination results, as well as illegal acts of dishonesty records and other information by the public finance department;
3. Laws, rules and regulations should be disclosed to other government procurement information is disclosed in accordance with law by the relevant body.
(C) The public channels.
Government procurement information central budget units should be specified in the Ministry of Finance of the news media, local government procurement information should be in the provincial budget units (including cities with independent planning, the same below) on the specified media public finance department. Treasury designated government procurement information dissemination media, including Chinese government procurement network (www.ccgp.gov.cn), "China Business News" ( "China's Government Procurement News"), "Chinese government procurement magazine", "Chinese financial magazine" Wait. Provincial finance department shall be the Chinese government procurement network of the local sub-network as the designated areas of government procurement of information dissemination media.
In order to facilitate government procurement parties access to information, media, publishing open government procurement information in other government procurement information should be released simultaneously in Chinese government procurement network. For information on local procurement budget of 500 million yuan, the Chinese government procurement network of the local sub-network should also be pushed to the center of the main network release (see description of the relevant standards and Chinese government procurement network) through a data interface. Illegal acts of dishonesty in government procurement information records should be published in the Chinese government procurement network center of the main network.
Disclosure requirement (iv) Government procurement information.
1. Open tenders, pre-qualification announcement.
The contents of the tender notice shall include the name of the purchaser and procurement agency, address and contact information, the name of the procurement project number, a brief description or specification describes the basic overview of the project, procurement budget, procurement government procurement policies need to be implemented, bidder's qualification requirements to obtain the tender documents of the time, place, method and price of tender documents, tender closing time, opening time and place, contact name and phone purchases.
Content prequalification notice shall include the name of the purchaser and procurement agency, address and contact information; procurement project name, quantity, brief project description or specification of basic fact sheets; procurement project budget; government procurement policy procurement projects need to be implemented; bidder qualification requirements and a review of standards, methods; obtain pre-qualification documents of the time, place, manner; composition and format of the bidders should provide pre-qualification documents; submission deadline and qualification date of pre-qualification documents, Location; contact name and phone purchases.
Tender Notice, pre-qualification announcement announcement period of five working days.
2. Competitive negotiation bulletin announcements and competitive consultations inquiry notice.
Competitive negotiation Notice to the competition announcement and consultation inquiry notice shall include the name of the purchaser and procurement agency, address and contact information, the name of the procurement project number, a brief description or specification describes the basic overview of the project, procurement budget the amount of government procurement policy procurement projects need to be implemented, the supplier qualification requirements, acquisition time, place, manner and documents price negotiation, consultation, inquiry documents, the deadline for submission of the response, on time and place of purchase project contact name and phone.
Competitive negotiation announcement, competitive negotiations bulletins and announcements of inquiry notice period of three working days.
3. Procurement budget.
Procurement budget should be disclosed in the tender notice, prequalification announcement, announcement competitive negotiation, consultation announcement and competitive procurement notice inquiry notice, etc., as well as tender documents, negotiating documents, consultation documents, procurement inquiry notice and other documents. Procurement budget to financial department approved the department budget in government procurement budget is based; for the former department budget approved procurement projects to the budget, "the number two" in the government procurement budget is based. For sector specific procurement budget has been set out in the project, according to the budget department budget specific public procurement projects; procurement department budget not stated, it shall be the actual budget for the sector decomposition according to the work, according to the decomposition of the specific procurement project budget amount disclosed. For sub-annual department budget arrangements but not on an annual split procurement, public procurement should purchase life project, estimates the total amount of that year and the number of arrangements.
4. Bid, auction.
Winning content auction announcement shall include procurement and procurement agency name, address, contact details; project name and project number; bid or auction supplier name, address and bid or turnover; the main subject of the transaction or the name of the successful bidder, specifications, basic overview of quantity, price, service requirements or subject matter; reviewers list. Supply agreement, fixed procurement project shall be announced as finalists price, price adjustment rules and preferential terms. Written recommendation suppliers to participate in procurement activities shall also publish recommendations for procurement and evaluation experts.
Bid, auction shall bid winners suppliers to determine the date of two working days public notice period of one day.
5. Procurement documents.
Tender documents, competitive negotiation documents, competitive negotiations and a notice of inquiry should file with the bid, auction announcement simultaneously. Bid, before the auction results announcement procurement documents have been announced, the announcement will not be repeated.
6. Corrections.
Purchaser or procurement agency tender documents already issued pre-qualification documents, and the use of public announcement inviting suppliers to participate in the competitive negotiation documents, competitive consultation documents necessary clarifications or modifications shall be published in the original announcement of the media correction notice and notify in writing all procurement documents to obtain potential suppliers. Buy content correction notice shall include the name, address, contact details, the original announcement of the procurement project name and the date of the first announcement purchasing and procurement agencies, corrections, content and date of procurement contacts and telephone.
Clarify or modify the contents may affect the tender documents, pre-qualification documents, the response file prepared by the purchaser or procurement agency issued to clarify the announcement and notification of potential suppliers time in writing, shall on the 15th at least Deadline to submit pre-qualification documents deadline for less than 3 days, or submit a response file for the first time of three working days before the deadline; shortage of these hours should be postponed submission of tender documents, pre-qualification document or file a response deadline.
7. contract of purchase.
Government procurement contract shall be from the date of contract within two working days notice. Volume centralized procurement framework agreement should be announced. Some government procurement contracts involving state secrets, business secrets may not notice, but other content should be announced. Content of government procurement contracts involving state secrets shall be determined by the purchaser based on "State Secrets Law" and other legal systems. Procurement contracts involving commercial secrets of the contents by the purchaser based on "Anti-Unfair Competition Law," "the Supreme Court opinion on the application <People's Republic of China Civil Procedure Law> number of issues" (Methodology for the [1992] No. 22), etc. provisions of the legal system, with the supplier specified in the contract. Among them, the object of the contract names, specifications, price and contract amount, etc. can not be used as a trade secret. Name contracts involving personal privacy, contact information, etc., in addition to the consent of the rights of consent shall not be announced.
Government procurement contracts after March 1, 2015, signed, did not seek announcement, the announcement should be added to the previous October 31, 2015.
8. Single source of publicity.
Achieve public tender amount compliant, "People's Republic of China Government Procurement Law" Article 31, Article 40, can only be procured from a sole supplier, the procuring agency shall specify in the provincial finance department publicity in the media. Publicity shall include procuring project name; budget narrative proposed purchase of goods or services to be procured goods or services; single-source approach causes and instructions; the only vendor name drawn, address; professional specific observations demonstrate the relevant personnel suppliers due to patents, proprietary technology and other factors that are unique, and the names of professionals, work units and titles; publicity period; procuring agency, the financial sector address, contact and contact phone number. Publicity period of not less than five working days.
9. Notice of the termination.
Required by law to terminate the tender, competitive negotiation, competitive negotiations, inquiry, single-source procurement activities, the purchaser or procurement agency shall publish notice of the termination and the reasons for the project.
10. Government procurement of public services.
For the public services provided by government to the public, in addition to the relevant provisions of public procurement-related information, the purchaser should also seek to determine the procurement needs of the public opinion on the specified media, from the date of acceptance and the acceptance of the results in the end of the 2 within days the public.
(V) disclosure requirements of regulatory penalties information.
The contents of the financial sector to make complaints, monitoring and inspection decision announcement shall include related party name and address complaints involving procurement project name and the date of purchase, complaint or supervision major issues to deal with in accordance with the processing result, law enforcement agencies name announcement date. Complaints or supervision and inspection shall be completed and the decision to perform after the relevant procedures for examination within five working days notice.
Centralized procurement agencies examination results announcement of the contents of the financial sector should include a centralized procurement agency name, assessment content, assessment methods, examination results, problems, assessment units. Evaluation results shall be completed and perform five working days after the examination of the program announcement.
Suppliers, illegal acts of dishonesty procurement agency and expert assessment content recorded announcement shall include the name of the specific circumstances of the parties, illegal acts of dishonesty, the process according to the processing result, with dates, names and other law enforcement agencies. Illegal acts of dishonesty monthly record information about suppliers, procurement agencies and evaluation experts should be no later than the month following announcement on the 10th.
Third, the work requirements
(A) strengthen the organization and leadership. Financial departments at all levels, departments and units to establish a government procurement information disclosure mechanism to implement the division of responsibilities, effective implementation of government procurement information disclosure responsibilities and obligations. Provincial finance departments to strengthen the guidance and supervision of the local government procurement of information disclosure, the designated government procurement information management and public media, to ensure that government procurement information disclosure are implemented.
(Ii) the implementation of technical support. Financial departments at all levels in a timely manner to upgrade information systems and related online media, innovative information disclosure, improve the information disclosure functions, improve the level of automation of government procurement information disclosure, to create favorable conditions for government procurement information disclosure and public oversight. Chinese government procurement network of local sub-network should be completed before the major transformation in August 31, 2015, to ensure that the new information disclosure and other contractual disclosure requirements are implemented.
(Iii) strengthen supervision and inspection. Financial departments at all levels to government procurement information disclosure as an important part of supervision and inspection of the procuring agency did not release information on government procurement law, should in accordance with the "People's Republic of China Government Procurement Law" Article 71, para. seventy-eight and 68 other "People's Republic of China Government procurement law implementation regulations" provides legal liability.
(Iv) good job tracking response. All localities and departments should take the initiative to respond to the situation and problems arising in the work of information disclosure, good anticipation, plans and tracking, active voice, timely doubts. Each government procurement information released to the media in a highly responsible spirit of good government procurement information disclosure, timely, complete and accurate information free listing.
Ministry of finance
July 17, 2015