First, about the scope of policy support.
1. For goods procurement projects without reserved shares and goods procurement packages without reserved shares, all goods provided by large and medium-sized enterprises are made by small and micro enterprises. Can you enjoy the requirement of 6%- 10% quotation deduction (that is, the enterprises directly involved in procurement activities are small and medium-sized enterprises, and the goods are manufactured by small and medium-sized enterprises)?
A: According to the Administrative Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises (Caiku [2020] No.46, hereinafter referred to as the Measures), in goods procurement projects, goods are manufactured by small and medium-sized enterprises (goods are produced by small and medium-sized enterprises and use their trade names or registered trademarks), and they can enjoy SME support policies. If a procurement project or procurement contains multiple procurement targets, each procurement target shall be manufactured by small and medium-sized enterprises. The procurement items or packages mentioned in the question, the procurement targets provided by large enterprises are all made by small and micro enterprises, and they can enjoy preferential policies for price evaluation.
2. In the goods procurement project, if the goods provided by suppliers are produced by both small and micro enterprises and medium-sized enterprises, do you enjoy the support policies for small and micro enterprises stipulated in the Measures?
A: In goods procurement projects, the goods provided by suppliers are made by both medium-sized enterprises and small and micro enterprises, and they do not enjoy the support policies for small and micro enterprises stipulated in the Measures.
3. Some goods procurement projects involve multiple goods and multiple manufacturers. Bidders take goods from wholesalers or distributors, rather than directly from manufacturers, so it is difficult to know the employees, operating income, total assets and other data of all manufacturers. If the data provided by the manufacturer to the bidder is wrong or deliberately provides false data, is it considered that the bidder has made a false bid (the bidder has no subjective intention)?
A: The bidder shall be responsible for the authenticity of the SME declaration letter issued by it. If the content of the SME declaration letter issued by the bidder is untrue, it belongs to providing false materials to win the bid. In practice, bidders should obtain sufficient and accurate information from manufacturers if they want to obtain the policy support stipulated in the Measures. If you don't fully understand the information of the relevant manufacturers, or you can't be sure that the relevant information is true and accurate, it is not recommended to issue a statement letter for SMEs.
4. For procurement projects with both goods and services, how should we judge whether suppliers belong to small and medium-sized enterprises?
A: The purchaser should determine whether the project to be purchased is a goods, project or service project according to the relevant provisions of government procurement and the actual situation of the procurement project. Suppliers who enjoy the policy of supporting small and medium-sized enterprises should meet the following conditions: in goods procurement projects, goods should be manufactured by small and medium-sized enterprises, and there is no requirement for service providers involved; In engineering procurement projects, the project should be undertaken by small and medium-sized enterprises, and there is no requirement for the manufacturers of goods and contractors of services involved; In the service procurement project, the service undertaker should be small and medium-sized enterprises, and there is no requirement for the manufacturer of the goods involved.
5. Does the consortium enjoy the reserved share policy for small and medium-sized enterprises for goods and services procurement projects with a price of less than 2 million yuan and engineering procurement projects with a price of less than 4 million yuan?
Answer: If the consortium participates in government procurement projects, and the goods, projects and services provided by all parties of the consortium are manufactured, contracted and undertaken by small and medium-sized enterprises, the consortium is regarded as a small and medium-sized enterprise and enjoys the policy of reserving shares for small and medium-sized enterprises; If all the goods, projects and services provided by the consortium are manufactured, contracted and undertaken by small and micro enterprises, the consortium will treat them as small and micro enterprises and enjoy the policy of reserving shares for them.
6. Article 2 of the Measures: "The person in charge of a large enterprise is the same person, or there is a direct holding or management relationship with a large enterprise." What does the person in charge mean? Is there a requirement for the shareholding ratio? What do you mean by managing relationships?
A: According to relevant laws and regulations, the person in charge refers to the legal representative of the unit or the main person in charge who exercises authority on behalf of the unit according to laws and administrative regulations. Holding means that the capital contribution accounts for more than 50% of the total capital of a limited liability company or the shares held account for more than 50% of the total share capital of a joint stock limited company. Although the capital contribution or the proportion of the shares held is less than 50%, the voting rights enjoyed according to the capital contribution or the shares held are enough to have a significant impact on the resolutions of the shareholders' meeting. Management relationship refers to other management and managed relationships with units without equity relationship. Small and medium-sized enterprises with the above circumstances can participate in government procurement activities according to law, but they do not enjoy the government procurement support policies for small and medium-sized enterprises.
Second, about the situation of not specifically purchasing for small and medium-sized enterprises.
1. What is the meaning of "infrastructure restriction" in Article 6 of the Measures?
A: "Infrastructure restriction" mainly refers to the restriction of infrastructure conditions such as water supply, power supply, gas supply, heating, roads and transportation facilities. Buyers can judge according to the actual situation.
Third, about the reserved share.
1. Article 8 of the Measures stipulates: "For goods and services procurement projects with a price of more than 2 million yuan and engineering procurement projects with a price of more than 4 million yuan suitable for small and medium-sized enterprises, more than 30% of the total budget of this procurement project is reserved for small and medium-sized enterprises, and the proportion reserved for small and micro enterprises is not less than 60%." What is the meaning of "this part" in "this part of the total budget of procurement projects"
Answer: "This part" refers to goods and services procurement projects with a price of more than 2 million yuan and engineering procurement projects with a price of more than 4 million yuan, which is suitable for small and medium-sized enterprises.
Fourthly, regarding the preferential price review.
1. If the goods provided by small and micro suppliers include those produced by medium-sized enterprises and those produced by small and micro enterprises, will the price of 6%- 10% be deducted? If yes, is the overall quotation deducted or the commodity quotation made by small and micro enterprises deducted?
A: According to the Measures, if the goods procurement project mentioned in the title contains multiple procurement targets, each target provided by the supplier is made by small and micro enterprises, so as to enjoy the price deduction policy of 6%- 10%. Commodities provided by small and micro suppliers, if made by both medium-sized enterprises and small and micro enterprises, do not enjoy the relevant policies of price deduction.
2. Is it necessary to implement preferential price evaluation policies for procurement projects or procurement packages specially designed for small and medium-sized enterprises? If yes, do medium-sized enterprises enjoy price deduction?
A: For projects or procurement packages specially designed for small and medium-sized enterprises, we will no longer give preferential policy support for price review.
3. Article 9 of the Measures stipulates: "If the comprehensive evaluation method is adopted but the low-price priority method is not adopted to calculate the price score of government procurement construction projects by bidding, the price score will be increased by 3%-5% on the basis of the original quotation." If the bid price of small and micro enterprises in engineering construction projects is full mark, will 3%-5% be added as the bid price on the basis of full mark?
A: The price bonus for SMEs in government procurement projects is a policy bonus. Even if the price of small and micro enterprises is full, they should enjoy preferential policies and then add points.
4. Article 9 of the Measures stipulates: "Where a large and medium-sized enterprise is accepted as a consortium with a small and micro enterprise or a large and medium-sized enterprise is allowed to subcontract to one or more small and micro enterprises, and the contract share of the small and micro enterprises accounts for more than 30% of the total contract amount agreed in the consortium agreement or the subcontracting intention agreement …" Does the "small and micro enterprises" here refer to the enterprises themselves in the goods procurement project, or according to the provisions of Article 4, what kind of enterprises manufacture the products they provide?
A: The "small and micro enterprises" in Article 9 of the Administrative Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises (Caiku [2020] No.46) should comply with the relevant provisions in Article 4 of the Measures, and the "contract share of small and micro enterprises" should be the contract share of goods, projects and services manufactured by small and micro enterprises.
Verb (abbreviation of verb) determines the industry to which the procurement target belongs.
1. Article 12 of the Measures stipulates that the procurement documents shall specify the industries to which the classification standards for small and medium-sized enterprises correspond. If a procurement project contains multiple products of different varieties, should the purchaser or procurement agency specify the industry of each product?
Answer: The purchaser and the procurement agency should specify the industries corresponding to the SME classification standards in the procurement documents according to the SME classification standards approved by the State Council and the specific conditions of the procurement projects. If the procurement project involves multiple procurement objects, the industries to which the SME classification standards corresponding to all procurement objects belong shall be clearly defined in the procurement documents one by one. Suppliers judge whether they belong to small and medium-sized enterprises according to the classification standards corresponding to the industries specified in the procurement documents. At present, the standard industries classified by small and medium-sized enterprises include agriculture, forestry, animal husbandry, fishery, industry, construction, wholesale, retail, transportation, warehousing, postal services, accommodation, catering, information transmission, software and information technology services, real estate development and management, property management, leasing and commercial services and other industries not listed.
Intransitive verb small and medium-sized enterprise declaration letter
1. Attachment 1 Statement for Small and Medium-sized Enterprises stipulates that if a newly established enterprise does not have previous annual data, it shall not fill in relevant data such as employees, operating income and total assets. Can it be understood that all newly established enterprises are classified as small and medium-sized enterprises
A: Newly-established enterprises should refer to the criteria for the classification of small and medium-sized enterprises approved by the State Council, and make a truthful judgment based on their own situation. If you think that the enterprise belongs to small and medium-sized enterprises, you can issue a statement letter for small and medium-sized enterprises in accordance with the provisions of the Measures and enjoy relevant support policies.
2. The supplier needs to fill in the detailed information of relevant enterprises in the SME declaration letter (including the SMEs in the consortium and the SMEs that have signed the subcontracting intention agreement). Do both the consortium and the subcontractor need to provide enterprise information in the form of a statement letter?
A: The SME declaration letter is issued by the suppliers participating in government procurement activities. If you participate in government procurement activities or contract subcontracting in the form of a consortium, you need to fill in the relevant information of the small and medium-sized enterprises in the consortium or sign the subcontracting intention agreement in the Letter of Statement for Small and Medium-sized Enterprises.
3. Can suppliers enjoy the SME support policies stipulated in the Measures as long as they issue a letter of SME declaration in government procurement activities?
A: Suppliers who meet the requirements stipulated in the Measures can enjoy relevant support policies in government procurement activities as long as they issue a letter of declaration for SMEs. No unit or individual may require suppliers to provide identification documents for small and medium-sized enterprises other than the declaration letter.
4. SME statement letter requires that "all the goods provided are made by SMEs that meet the policy requirements" and "all the construction units of the project are SMEs that meet the policy requirements (or: all services are undertaken by SMEs that meet the policy requirements)". Is this inconsistent with the measures such as consortium participation and subcontracting stipulated in the Measures?
Answer: The consortium part undertaken by small and medium-sized enterprises, or the part subcontracted to small and medium-sized enterprises, must all be manufactured, contracted or undertaken by small and medium-sized enterprises. The supplier shall indicate the specific content undertaken by the small and medium-sized enterprises in the consortium or the specific subcontracting content of the small and medium-sized enterprises in the "Project Name" part of the statement letter.
Seven. Other issues
1. How can welfare units for the disabled enjoy the relevant support policies stipulated in the Measures when they participate in government procurement activities? Can social organizations such as private non-enterprises enjoy the government procurement policy to promote the development of small and medium-sized enterprises?
A: The Ministry of Finance is studying ways to improve the welfare units for the disabled to enjoy government procurement to support small and medium-sized enterprises. Before the relevant documents are issued, the relevant provisions of the Notice on Government Procurement Policies for Promoting the Employment of Disabled Persons (Caiku [2065 438+07] 14 1No.) shall still be implemented.
On the issue of social organizations enjoying government procurement policies to promote the development of small and medium-sized enterprises, the Ministry of Finance is working with relevant departments to study and formulate relevant regulations.