Notice on Matters related to Further Improving the transparency and Efficiency of Government Procure

The General Office (office) of the Central budget unit, the finance department (bureau) of the provinces, autonomous regions, municipalities directly under the Central Government, and cities separately planned, the Finance Bureau of the Xinjiang Production and Construction Corps, and relevant centralized procurement agencies:

In order to create a market-oriented and law-based international business environment, further improve the transparency and efficiency of government procurement, and facilitate various business entities to participate in government procurement activities, the relevant matters are hereby notified as follows:

First, promote the disclosure of government procurement contract changes. The parties to the government procurement contract shall not change the contract without authorization, and if it is necessary to change the content of the government procurement contract according to the Government Procurement Law, the purchaser shall publish the announcement of the change of the government procurement contract on the media designated by the financial department at or above the provincial level within 2 working days from the date of the contract change, except for the information involving state secrets and commercial secrets and other information that shall not be disclosed according to law. The announcement of the change of a government procurement contract shall include the number, name and text of the original contract, the clause number of the original contract change, the supplementary contract text as an integral part of the original contract after the change, the time of the contract change, the date of the announcement of the change, etc.

Second, improve the bidding, transaction results information disclosure. Purchasers and procurement agencies shall further do a good job of information disclosure in accordance with the provisions of the Government Procurement Law, the implementing Regulations of the Government Procurement Law and the Administrative Measures for the Release of Government Procurement Information. If the project procurement adopts the lowest bid evaluation (review) price method, the announcement of the winning bid and the transaction result shall be made at the same time as the announcement of the evaluation quotation of the winning bid and the transaction supplier after deducting the price due to the implementation of government procurement policies and other reasons; If the project procurement adopts the comprehensive scoring method, the total score of the evaluation of the supplier shall be announced at the same time when the winning bid and the transaction result are announced.

Third, promote the electronic implementation of procurement projects. Encourage all departments and regions to use the form of data messages and electronic information networks to carry out government procurement activities, except for secret-related government procurement projects, departments and regions that have the conditions for electronic implementation should promote the electronic transaction of the whole process of government procurement projects. Realize online public procurement intention, release procurement announcement, provide procurement documents, submit bidding (response) documents, submit bidding (performance) deposit (including guarantee letter and insurance issued by financial institutions and guarantee institutions), sign procurement contracts, submit invoices, pay funds, and gradually improve performance acceptance, credit evaluation, user feedback and other functions. Provincial financial departments can organize the construction of electronic platforms for the whole process of local government procurement in accordance with unified norms and technical standards. Each electronic government procurement platform shall improve the platform registered supplier inquiry function to facilitate all parties to understand supplier information in a timely manner.

Fourth, improve the efficiency of signing procurement contracts. The purchaser shall, in strict accordance with the relevant provisions of the Government Procurement Law, sign a government procurement contract with the supplier who wins the bid or completes the transaction in accordance with the matters determined in the procurement documents within 30 days from the date of the notification of the bid winning or transaction. Where the purchaser delays signing the contract due to force majeure, it shall complete the signing of the contract within 7 days from the date of elimination of the force majeure event. The purchaser is encouraged to further shorten the contract signing period by improving internal processes.

5. Payment of procurement funds will be accelerated. The purchaser shall further implement the relevant requirements of the Notice on Promoting Fair Competition and Optimizing the Business Environment in Government Procurement (Treasury [2019] No. 38), agree on the method, time and conditions of fund payment in the government procurement contract, and clarify the liability for breach of contract for overdue payment of funds. For contracts with prepayment arrangements, purchasers are encouraged to increase the contract prepayment ratio to more than 30%. For meeting the payment conditions agreed in the contract, the purchaser shall, in principle, pay the funds to the supplier account agreed in the contract within 10 working days after receipt of the invoice, and encourage the purchaser to improve the internal process and complete the funds payment within 1 working day after receipt of the invoice. Any dispute between the purchaser and the supplier over the payment of funds shall be resolved in a timely manner in accordance with the provisions of the law and the contract to ensure the efficiency of the payment of funds.

6. Support government procurement financing. Provincial financial departments should take the province as a unit, actively promote the sharing of government procurement information within the province with banking financial institutions, and support banking financial institutions to provide financing to bid-winning and concluded suppliers on the basis of government procurement contracts. It is necessary to optimize and improve the handling of government procurement financing business, promote the banking financial institutions to gradually realize the electronic operation of the whole process of online application, online approval and online withdrawal of suppliers, and provide fast and efficient financing services for suppliers.

All departments and regions should fully understand the importance of optimizing the business environment for government procurement and improving the transparency and efficiency of government procurement, strengthen organizational leadership, actively coordinate and promote, refine implementation measures, strengthen supervision and inspection, and ensure that all requirements are implemented in place.

This notice shall come into force as of the date of issuance.

https://www.ccgp.gov.cn/news/202312/t20231215_21277490.htm

财政部办公厅

2023年12月8日