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Notice of the Ministry of Finance on organizing the supervision and inspection of national government procurement agencies

来源: 中国政府采购网打印September 09, 2019 08:50 Source: China Government Procurement Network [ Print ]

In order to implement the requirements of the "Deepening the Reform Program of the Government Procurement System", strengthen and improve the supervision and management of government procurement, regulate the practice of government procurement agencies, and further optimize the business environment for government procurement, the Ministry of Finance decided to organize the implementation from October 2019 National government procurement agency supervision and inspection work. The relevant matters are notified as follows:

I. Inspection scope

从中国政府采购网和各省政府采购分网上完成网上登记的政府采购代理机构名单 内,随机抽取代理本级采购业务的政府采购代理机构(包括本地注册及外地注册本地执业的机构)作为检查对象,原则上近 3年已经检查过的政府采购代理机构不再抽取。 From the list of government procurement agencies that have completed online registration from the Chinese Government Procurement Network and the provincial government procurement sub-networks, the financial department randomly selects government procurement agencies (including local registration and foreign registration local practice agencies) acting as procurement agents at this level. Object, in principle, the government procurement agency that has been inspected in the past 3 years will no longer be selected. This inspection is targeted at government procurement projects that were commissioned in 2018, and each agency has drawn no less than five projects. For government procurement activities carried out by entering the public resource trading center, items should be randomly selected for inspection.

The Ministry of Finance conducted inspections on 25 government procurement agencies in Beijing, Liaoning, Shandong, and Guangdong . Provinces (autonomous regions and municipalities) determine the number of inspections by themselves, but the rate of spot checks must not be less than 25% of the total number of government procurement agencies in the province (autonomous regions and cities). In all regions, all government procurement agencies in the province (region, city) should be inspected.

Inspection content and time

The inspection combined with the "Deepening the Reform Program of the Government Procurement System", highlighting reform requirements such as procurement demand management and performance management. The inspection covers the entire process of government procurement activities, including 10 steps including commission agency, document preparation, import approval, method change, information announcement, review process, winning bids, security deposits, contract management, and response to queries . 依据包括《中华人民共和国政府采购法》《中华人民共和国政府采购法实施条例》,以及有关制度办法和规范性文件等(见附件)。 The inspection basis includes the "People's Republic of China Government Procurement Law", "Implementation Regulations of the People's Republic of China Government Procurement Law", relevant institutional methods and normative documents (see attachment). The inspection time starts from October 2019, and the specific arrangements are as follows:

被检查单位根据财政部门检查通知要求,整理被抽检采购项目相关的文件、数据和资料,对照检查依据对 2018年度执业情况形成自行检查报告,一并报送财政部门。 Self-inspection stage ( October 15th to October 31st, 2019): The inspected unit shall organize the documents, data and information related to the spot-checked procurement items according to the inspection notification requirements of the financial department, and form an independent inspection of the practice in 2018 based on the inspection basis The inspection report shall be submitted to the financial department together.

财政部门成立检查工作组。 Written review stage ( November 1 to November 30, 2019): The financial department establishes an inspection working group. The inspection working group conducts a written review of the information provided by the inspected unit, and preliminary grasps the operation and implementation of the procurement project according to the inspection indicator system (separately issued), and prepares work papers.

结合书面审查发现的问题,检查工作组进一步到被检查单位实施现场检查,与被检查单位沟通,并签字盖章确认工作底稿。 On-site inspection stage ( December 1, 2019 to December 15, 2019): Combined with the problems found in the written review, the inspection working group went to the inspected unit to conduct an on-site inspection, communicated with the inspected unit, and signed and sealed the work draft.

财政部门对检查中发现的采购人、政府采购代理机构和评审专家的违法线索进行延伸检查,对查实的违法违规行为依法作出处理处罚,对国家公职人员涉嫌违纪的行为移交纪检监察部门处理。 Processing punishment stage ( December 16, 2019 to February 15, 2020): The financial department conducts extended inspections of illegal leads found by purchasers, government procurement agencies, and review experts during inspections, and conducts legal inspections of illegal and violations in accordance with the law. A punishment shall be made and the suspected disciplinary action of a state public official shall be referred to the disciplinary inspection and supervision department. Provincial (regional, municipal) financial departments summarize information on punishments handled in their respective regions, and the Ministry of Finance summarizes comprehensive information on punishments handled nationwide.

财政部门形成本级监督检查工作报告,各省(区、市)财政部门汇总形成本地区监督检查工作报告, 财政部汇总形成全国监督检查工作报告。 Summary report stage ( February 16, 2020 to February 29, 2020): the financial department forms the supervision and inspection work report at this level, the provincial (regional, municipal) financial departments form the supervision and inspection work report of the region, and the Ministry of Finance forms the national supervision Check the work report.

Work requirements

全面 落实 “双随机一公开”要求,按照“纵向联动、统一标准、分级检查、依法处理”的原则, 分级开展对政府采购代理机构 2018年度执业情况 的监督检查。 The financial department fully implemented the requirements of “double random and one disclosure”, and carried out the supervision and inspection of the government procurement agency ’s practice in 2018 in accordance with the principles of “vertical linkage, unified standards, hierarchical inspection, and handling according to law” .

财政部门要统筹检查工作安排,加强对本地区检查工作的指导, 制定详细的检查计划,明确工作要求, 确保检查工作顺利实施。 The financial departments of all provinces (autonomous regions and municipalities) shall make overall arrangements for inspection work, strengthen guidance for inspection work in their area, formulate detailed inspection plans, clarify work requirements, and ensure the smooth implementation of inspection work. During the inspection , we must strictly implement inspection procedures, observe inspection disciplines, deal with violations of laws and regulations in accordance with the law, and truly implement administration in accordance with law, impartiality, and integrity.

Contact: Wang Chunzhi, Government Procurement Supervision and Arbitration Division, Treasury Department, Ministry of Finance

Phone: 010-68552144

Email: bjszxlssws@126.com

 

2019年全国政府采购代理机构监督检查依据文件清单 Attachment: List of documents for supervision and inspection of national government procurement agencies in 2019

   

Ministry of Finance

8 30 August 30 , 2019

annex:

List of documents for supervision and inspection of national government procurement agencies in 2019

 

1. "People's Republic of China Government Procurement Law";

2. Regulations for the Implementation of the Government Procurement Law of the People's Republic of China;

3. "Administrative Measures on Government Procurement Information Announcement" (Order of the Ministry of Finance No. 19);  

4. "Administrative Measures for Non-tendering Procurement of Government Procurement" (Order of the Ministry of Finance No. 74);  

5. "Administrative Measures for Tendering and Bidding of Government Procured Goods and Services" (Order of the Ministry of Finance No. 87);

6. "Measures for Questioning and Complaints about Government Procurement" (Order of the Ministry of Finance No. 94);

7. "Interim Measures for the Administration of Government Procurement Agencies" (Cai Ku [2018] No. 2);

8. "Administrative Measures for the Examination and Approval of Changing the Government Procurement Mode of the Central Budget Unit" (Caiku [2015] No. 36);

9. "Interim Measures on the Management of Competitive Consultative Procurement Methods for Government Procurement" (Cai Ku [2014] No. 214);

10. "Supplementary Notice on Issues Concerning the Interim Measures on the Management of Competitive Consultative Procurement Methods for Government Procurement" (Cai Ku [2015] No. 124)

11. "Notice on Publicizing Related Matters Before the Central Budget Unit's Application for a Single-Source Procurement Review" (Caifangku [2015] No. 8);

12. "Notice on Doing a Good Job in the Disclosure of Government Procurement Information" (Cai Ku [2015] No. 135);  

13. "Notice on Further Relevant Issues Concerning the Publicity of Government Procurement Information" (Cai Ku [2017] No. 86);

14. "Notice on Issues Related to Inquiring and Using Credit Records in Government Procurement Activities" (Cai Ku [2016] No. 125);

15. "Notice on Promoting and Improving Government Procurement of Service Projects" (Cai Ku [2014] No. 37);

16. "Administrative Measures on Government Procurement of Government and Social Capital Cooperation Projects" (Cai Ku [2014] No. 215);

17. "Notice of the Ministry of Finance on Further Regulating the Relevant Issues of Government Procurement Review Work" (Cai Ku [2012] No. 69);

18. "Administrative Measures for Government Procurement Review Experts" (Cai Ku [2016] No. 198);  

19. "Guiding Opinions on Further Strengthening the Management of Government Procurement Demand and Performance Acceptance" (Cai Ku [2016] No. 205);

20. "Notice of the Ministry of Finance on the Evaluation and Management of the Prices of Government Procured Goods and Services" (Cai Ku [2007] No. 2);

21. "Notice on Printing and Distributing the" Administrative Measures on Government Procurement of Imported Products "(Cai Ku [2007] No. 119);

22. "Notice on Issues Related to the Management of Government Procurement and Import Products" (Cai Ban Ku [2008] No. 248);

23. "Notice of the General Office of the State Council on Printing and Distributing Catalogs and Standards for Central Government Procurement of Central Budget Units 2017-2018" (Guobanfa [2016] No. 96);

24. "Notice on Further Relevant Issues Concerning Further Central Government Procurement of Central Units" (Cai Ku [2009] No. 101);

25. "Interim Measures for the Management of Batch Centralized Procurement of Central Budget Units" (Cai Ku [2013] No. 109);

26. "Notice on Strengthening the Management of Batch Centralized Procurement of Central Budget Units" (Cai Ku [2014] No. 120);

27. "Notice on Further Improving the Work Concerning the Mass Centralized Procurement of Central Budget Units" (Cai Ban Ku [2016] No. 425);

28. Notice of the National Development and Reform Commission of the Ministry of Finance on Printing and Distributing the Implementation Opinions on Government Procurement of Energy-Saving Products (Caiku [2004] No. 185);

29. "Notice of the General Office of the State Council on Establishing the System of Government Compulsory Procurement of Energy-saving Products" (Guobanfa [2007] No. 51);

30. Opinions of the General Administration of Environmental Protection of the Ministry of Finance on the Implementation of Government Procurement of Environmental Labeling Products (Caiku [2006] No. 90);

31. "Interim Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises" (Cai Ku [2011] No. 181);

32. "Notice on Issues Related to Government Procurement Supporting the Development of Prison Enterprises" (Cai Ku [2014] No. 68);

33. "Notice on Government Procurement Policies to Promote the Employment of Disabled People" (Cai Ku [2017] No. 141);

34. "Notice of the Ministry of Finance on Issues Related to the Procurement of Information System Construction Projects" (Cai Ku [2011] No. 59);

35. "Notice on Improving the Government Procurement Budget Management of Central Units and the Management of Scientific Research Instruments and Equipment Procurement of Central Universities and Research Institutes" (Cai Ku [2016] No. 194);

36. "Notice on Strengthening the Review and Acceptance of Complaints from Government Procurement Suppliers" (Cai Ku [2007] No. 1);

37. "Notice on Clarifying the Payment of Government Procurement Deposits and Administrative Penalties" (Cai Ku [2011] No. 15);

38. "Letter on the Application of the Law of Article 18, Section 2 of the" Regulations on the Implementation of the Government Procurement Law of the People's Republic of China "(Caifangku [2015] No. 295);

39. "Notice on Forwarding the Reply of the Legal Affairs Office of the State Council on" The Application of the Law on Government Procurement Projects and the Application for Construction Permits "(Cai Ban Ku [2015] No. 352);

40. "Letter on Issues Concerning Application of Procurement Methods for Government Procurement Projects That Have Not Fulfilled the Standards for Public Bidding" (Caibanku [2015] No. 111);

41. "Notice on Doing a Good Job in Relevant Policies after the Cancellation of Administrative Licensing of Government Procurement Agency Qualification Recognition" (Cai Ku [2014] No. 122);

42. Notice of the Ministry of Finance on Issues Related to Public Procurement Centers' Government Procurement Activities (Cai Ku [2014] No. 165);

43. "Notice on Regulating Relevant Issues concerning Administrative Punishment of Government Procurement" (Cai Ku [2015] No. 150);

44. "Notice on the Implementation of the Work Plan for the Integration and Establishment of a Unified Public Resource Trading Platform" (Cai Ku [2015] No. 163);

45. Other government procurement system approaches.