The financial funds mentioned in the preceding paragraph refer to budgetary funds, extra-budgetary funds and business income. Article 3 Government procurement shall follow the principles of openness, fairness, impartiality and efficiency, safeguard public interests, and promote and guarantee the implementation of relevant laws, regulations and social and economic policies of the State and Shenzhen. Article 4 The Municipal People's Government shall, in accordance with the principle of thrift, formulate standards for government procurement of materials and services. No unit may purchase beyond the standard. Article 5 The financial department of the municipal and district people's governments is the competent department of government procurement (hereinafter referred to as the competent department of procurement), and is responsible for managing and supervising government procurement activities.
Other relevant departments of the municipal and district people's governments shall manage and supervise government procurement in accordance with their duties. Article 6 Government procurement shall be carried out as planned.
The competent procurement department shall prepare and publish the procurement plan according to the approved budget and other plans for the use of financial funds. Article 7 The term "purchaser" as mentioned in these Regulations refers to the state organs, institutions or other social organizations that use fiscal funds to purchase goods or services. For centralized procurement, the government procurement agency is the purchaser.
The term "government procurement agency" as mentioned in these Regulations refers to the specialized agency established by the government to be responsible for the centralized procurement and bidding organization of fiscal funds at the corresponding level.
The term "bidding agency" as mentioned in these Regulations refers to a social intermediary organization that has obtained the qualification of bidding agency according to law and is engaged in bidding agency business.
The term "supplier" as mentioned in these Regulations refers to the supplier or contractor who may or has signed a procurement contract with the purchaser. Article 8 Government procurement shall be subject to social supervision.
Any organization or individual has the right to report and accuse illegal acts in government procurement. The municipal and district people's governments shall reward meritorious persons who report and accuse. Chapter II Procurement Methods Article 9 Government procurement may be conducted by bidding, competitive negotiation, invitation to quote, procurement card, single-source procurement or other means.
The specific conditions and procedures for the application of procurement methods other than bidding shall be formulated separately by the Municipal People's Government. Tenth meet one of the following conditions, it should be open tender:
(1) materials with a contract amount of 10 million yuan or more;
(two) lease, repair and greening projects with a contract amount of more than two hundred thousand yuan;
(3) Services with the contract amount of 10 million yuan or more;
(4) Items that should be purchased centrally as stipulated in the procurement catalogue.
All the amounts listed in the previous paragraph are included in this figure.
Public bidding shall be announced to the public in the way prescribed by the competent procurement department, and at least three suppliers who meet the bidding qualifications shall participate in the bidding. Article 11 The competent procurement department shall compile the procurement catalogue of centralized procurement projects and gradually expand the scope of centralized procurement according to actual needs. Article 12 With the consent of the competent procurement department, a project with an amount above the amount specified in the first paragraph of Article 10 of these Regulations may be subject to tender under any of the following circumstances:
(a) Procurement items can only be obtained from a limited range of suppliers because of their complexity or professionalism;
(two) the cost of public bidding is too high, which is not commensurate with the value of the procurement project.
Invitations to bid shall be sent to more than three suppliers, and at least three suppliers shall participate in the bidding. Thirteenth in any of the following circumstances, you can not implement the tender:
(a) involving national security and secrets;
(two) the procurement project can only be obtained from a specific supplier, or the supplier has exclusive rights to the project, and there is no other reasonable choice or substitution;
(three) the follow-up maintenance and spare parts supply of the original procurement project must be purchased from the original supplier because of compatibility or standardization needs;
(four) due to unforeseen emergency needs or emergencies, it is not appropriate to adopt the tender method;
(five) after the announcement or invitation, no more than three qualified suppliers participated in the bidding, or the suppliers did not make substantive responses to the bidding documents, resulting in the failure of the bidding;
(six) other circumstances other than those stipulated in the first paragraph of Article 10 of this Ordinance and otherwise stipulated by laws and regulations. Chapter III Tendering and Bidding Procedures Article 14 Where bidding and procurement must be conducted in accordance with the provisions of these Regulations, the purchaser shall entrust a government procurement agency; If the government at the same level has not set up a government procurement agency, it shall entrust a bidding agency designated by the competent procurement department.
Government procurement agencies can organize bidding by themselves or entrust a bidding agency designated by the competent procurement department to organize bidding. Fifteenth public bidding, government procurement agencies or bidding agencies (hereinafter referred to as bidding agencies) shall issue a tender announcement 20 days before the deadline for bidding.
The tender announcement includes the following main contents:
(a) the name and quantity of the project subject to tender;
(2) Qualification of suppliers;
(three) the way and time of issuing the tender documents;
(4) Time and place of bidding.
Where a tender is invited, the tendering agency shall issue an invitation to bid fifteen days before the deadline for bidding. The contents of the invitation letter refer to the relevant provisions of the tender announcement.