I. About the scope of policy support
1. For goods procurement projects that do not reserve a share of procurement exclusively for small and medium-sized enterprises (SMEs), as well as for non-reserved portions of goods procurement packages of reserved share projects, the goods provided by large and medium-sized enterprises are all manufactured by small and medium-sized enterprises, and whether or not the goods can enjoy a 6-10% deduction of the quoted price Whether or not there are still "double small" (i.e., enterprises directly involved in procurement activities are small and medium-sized enterprises, and the goods are manufactured by small and medium-sized enterprises) requirements
A: According to the "Administrative Measures for Promoting Small and Medium-sized Enterprises in Government Procurement" (Caikou [2020] No. 46, hereinafter referred to as the "Measures"), in the procurement of goods project, the goods are made by small and medium-sized enterprises In accordance with the Measures, in the goods procurement project, if the goods are manufactured by SMEs (the goods are produced by SMEs and use the trade name or registered trademark of the SMEs), the SMEs can enjoy the SMEs support policy. If a procurement project or procurement consists of more than one subject matter of procurement, each subject matter of procurement shall be manufactured by an SME. In the procurement item or procurement package described in the question, if all the subject matter of the procurement provided by a large enterprise is manufactured by a small or medium-sized enterprise, it shall be entitled to the preferential policy of price evaluation.
2. In the procurement of goods project, the supplier provides goods both small and micro-enterprises manufacturing goods, as well as medium-sized enterprises to manufacture goods, whether to enjoy the Measures to support small and micro-enterprises
Answer: In the procurement of goods project, the supplier provides goods both medium-sized enterprises manufacturing and small and micro-enterprises to manufacture goods, do not enjoy the Measures to support small and micro-enterprises policy.
3. Some goods procurement projects involve a variety of goods and a number of manufacturers, bidders from wholesalers or distributors, rather than directly from the manufacturer, it is difficult to know all the manufacturer's employees, operating income, total assets and other data. If the data provided by the manufacturer to the bidder is wrong or intentionally provide false data, whether the bidder is considered false bidding (the bidder has no subjective intent)
A: The bidder shall be responsible for the authenticity of the "SME Declaration Letter" issued by the bidder, and the bidder who has issued the "SME Declaration Letter" with inaccurate content, is to provide false materials in order to obtain the winning bid. In practice, bidders wishing to obtain policy support under the Measures shall obtain sufficient and accurate information from the manufacturer. It is not recommended to issue the Letter of Declaration for Small and Medium-sized Enterprises (SMEs) if you do not have sufficient information about the relevant manufacturer, or if you are not sure that the relevant information is true and accurate.
4. For procurement projects with both goods and services, how to determine whether the supplier is a small and medium-sized enterprise
A: The purchaser shall determine whether the project to be procured is a project of goods, works or services in accordance with the relevant provisions of the Government Procurement and the actual situation of the procurement project. Suppliers enjoying the support policy for small and medium-sized enterprises shall meet the following conditions: in the case of goods procurement projects, the goods shall be manufactured by small and medium-sized enterprises, and there shall be no requirement for the contractors of the services involved; in the case of engineering procurement projects, the projects shall be constructed by small and medium-sized enterprises, and there shall be no requirement for the manufacturers of the goods and contractors of the services involved; in the case of service procurement projects, the contractors of the services shall be small and medium-sized enterprises In the case of service procurement projects, the contractors of services shall be small and medium-sized enterprises (SMEs), and there shall be no requirement for manufacturers of goods involved.
5. For goods and services procurement projects of less than 2 million yuan and engineering procurement projects of less than 4 million yuan, which are suitable to be provided by small and medium-sized enterprises, whether the consortium enjoys the policy of reserving shares for small and medium-sized enterprises
A: If a consortium participates in a government procurement project, and the goods, engineering and services provided by each party to the consortium are manufactured, constructed or undertaken by small and medium-sized enterprises, the consortium is regarded as small and medium-sized enterprises, and enjoys the policy of reserving shares for small and medium-sized enterprises. The consortium is regarded as small and medium-sized enterprises, and enjoys the reserved share policy for small and medium-sized enterprises; the consortium parties provide goods, projects, services are small and micro-enterprises manufacturing, construction, undertaking, the consortium is regarded as small and micro-enterprises, and enjoys the reserved share policy for small and micro-enterprises.
6. "Measures" in the second "but with the person in charge of a large enterprise is the same person, or with a large enterprise there is a direct controlling, management relationship, except." What does it mean to be in charge of a holding is there a requirement for equity ratio? Management relationship means
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 of the exercise of authority on behalf of the unit as stipulated by laws and administrative regulations. Holding refers to the capital contribution of more than fifty percent of the total capital of a limited liability company or its shares account for more than fifty percent of the total share capital of a joint stock limited company, as well as the capital contribution or shareholding of less than fifty percent of the shares, but according to its capital contribution or shareholding of the voting rights are sufficient to the shareholders' meeting, the general meeting of the shareholders of the resolution of a significant impact. Management relationship refers to other management and management relationships with entities that do not have a capital contribution and shareholding relationship. Small and medium-sized enterprises with the above circumstances with large enterprises may participate in government procurement activities in accordance with the law, but do not enjoy the government procurement support policies for small and medium-sized enterprises.
Second, on the circumstances that may not be exclusively for small and medium-sized enterprises procurement
1. "Measures" in Article VI "infrastructure limitations" refers to what
Answer: "Infrastructure limitations" mainly refers to water supply, electricity, gas, heating, roads, roads, and so on. A: "Infrastructure constraints" mainly refers to restrictions on infrastructure conditions such as water supply, power supply, gas supply, heat supply, roads and transportation facilities. The purchaser can make judgment according to the actual situation.
Third, on the reserved share
1. Article 8 of the Measures stipulates: "more than 2 million yuan of goods and services procurement projects, more than 4 million yuan of engineering procurement projects suitable for small and medium-sized enterprises, set aside more than 30% of the total budget of the part of the procurement project exclusively for small and medium-sized enterprises, of which no less than 60% is set aside for micro and small enterprises. of which no less than 60% shall be reserved for small and micro enterprises." What is meant by "that part" in "the total budget of that part of the procurement project"
A: "That part" refers to the goods and services procurement projects exceeding 2 million yuan, The "portion" refers to the procurement of goods and services exceeding 2 million yuan, and the procurement of works exceeding 4 million yuan, which are suitable to be provided by small and medium-sized enterprises.
Four, on the price assessment preferential
1. In the procurement of goods not reserved for small and medium-sized share of goods specifically for small and medium-sized suppliers of goods provided by both medium-sized enterprises and small and micro-enterprises manufacturing goods, whether to be 6% -10% of the price of the price of deduction such as deduction, then is the overall offer to be deducted, or for the small and micro-enterprises to make the goods offer Part of the offer to be deducted
A: According to the Measures, if the goods procurement project described in the question contains more than one subject matter of the procurement, only if the supplier to provide each of the subject matter of the goods manufactured by small and micro-enterprises, to enjoy the 6%-10% price deduction policy. If the goods provided by the micro and small suppliers of both medium-sized enterprises manufacturing goods and micro and small enterprises manufacturing goods, do not enjoy the price deduction related policies.
2. Procurement projects or procurement packages specifically for small and medium-sized enterprises, whether the implementation of price evaluation preferential support policy if necessary, medium-sized enterprises to enjoy the price deduction
A: specifically for small and medium-sized enterprises procurement projects or procurement packages, no longer implement the price evaluation preferential support policy.
3. "Measures" Article IX provides: "the application of the bidding and tendering law of government procurement projects, the use of comprehensive assessment method but does not use the low price preference method of calculating the price score, the evaluation of bids should be scored on the basis of using the original offer to increase the price score of 3% -5% as its price score. " If the price score of a micro-enterprise in a construction project is full, is it possible to add 3%-5% of its price score as its price score on top of the full score?
Answer: government procurement projects in the price score of small and medium-sized enterprises additional points belong to the policy points, small and micro-enterprise price points even if the full score should enjoy the policy concessions, and then give additional points.
4. "Measures" Article IX states: "accept large and medium-sized enterprises and small and micro-enterprises to form a consortium or allow large and medium-sized enterprises to one or more small and medium-sized enterprises subcontracting procurement projects, for the joint agreement or subcontracting agreement of intent for the small and medium-sized enterprises contract share of the contract amounted to more than 30% of the contract "here! The "small and micro-enterprises" in the procurement of goods project refers to the enterprise itself, or in accordance with Article IV of the products provided by what type of enterprise manufacturing
A: "Government Procurement to Promote the Development of Small and Medium Enterprises Management Measures" (Caikou 〔2020〕 No. 46), Article IX on the consortium and subcontracting in the provisions of the "Small and micro-enterprises" should meet the relevant provisions of Article IV of the Measures, "small and micro-enterprises of the contract share" should be the small and micro-enterprises of the contract share of the goods manufactured, construction works and services undertaken.
V. Determination of the industry to which the subject matter of the procurement belongs
1. Article 12 of the Measures stipulates that the procurement documents shall specify the industry to which the subject matter of the procurement corresponds to the small and medium-sized enterprise classification criteria. If a procurement project contains a number of different varieties of products, the purchaser or the purchasing agent to specify the industry of each product
A: The purchaser, the purchasing agent shall be based on the small and medium-sized enterprises approved by the State Council, according to the specific circumstances of the procurement project, in the procurement documents to specify the subject matter of the procurement of small and medium-sized enterprises corresponding to the classification standard belongs to the industry. If a procurement project involves more than one subject matter of the procurement, the procurement documents should be clear one by one all the subject matter of the procurement of small and medium-sized enterprises corresponding to the classification criteria belonging to the industry. Suppliers shall judge whether they are small and medium-sized enterprises in accordance with the classification criteria of the industries specified in the procurement documents. The current small and medium-sized enterprise classification standard industry, including agriculture, forestry, animal husbandry, fisheries, industry, construction, wholesale trade, retail trade, transportation, warehousing, postal services, accommodation, food and beverage, information transmission, software and information technology services, real estate development and operation, property management, leasing and business services, and other unspecified industries, such as sixteen categories.
6, on the "Small and Medium-sized Enterprises Declaration Letter"
1. Annex 1, "Small and Medium-sized Enterprises Declaration Letter" stipulates that newly established enterprises without the previous year's data may not fill in the number of employees, business revenue, total assets and other relevant data, whether it can be interpreted to mean that the newly established enterprises are classified as small and medium-sized enterprises
Answer: Newly established enterprises should refer to the small and medium-sized enterprise classification standards approved by the State Council, and according to the enterprise's own circumstances. The newly established enterprises should refer to the criteria approved by the State Council for the classification of small and medium-sized enterprises and judge truthfully according to their own situation. If you think that your enterprise belongs to small and medium-sized enterprises, you can issue a Letter of Declaration for Small and Medium-sized Enterprises in accordance with the Measures and enjoy the relevant support policies.
2. Suppliers are required to fill in the specifics of the relevant enterprises (including SMEs in the consortium and SMEs signing the subcontracting intent agreement) in the "SME Declaration Letter". Please ask the consortium and subcontracting enterprises are required to provide enterprise information in accordance with the format of the declaration letter
A: "SME Declaration Letter" is issued by suppliers participating in government procurement activities. To participate in government procurement activities in the form of a consortium or subcontracting, the "SME Declaration Letter" to fill in the consortium of small and medium-sized enterprises or small and medium-sized enterprises signed the subcontracting agreement of intent to fill in the relevant information.
3. Whether as long as the supplier issued a "Small and Medium Enterprises Declaration Letter", you can enjoy the "Measures" of small and medium-sized enterprises in government procurement activities to support the policy
A: Suppliers in line with the "Measures" conditions as long as the "Small and Medium-sized Enterprises Declaration Letter", you can enjoy the relevant support policies in government procurement activities, any unit or individual shall not require the supplier to provide the declaration letter. Any unit or individual shall not require the supplier to provide identification documents for small and medium-sized enterprises other than the Declaration Letter.
4. "Small and Medium Enterprises Declaration Letter" requirements: "provide goods all manufactured by small and medium-sized enterprises in line with policy requirements", "the construction unit of the project are all small and medium-sized enterprises in line with policy requirements (or: services are all undertaken by small and medium-sized enterprises in line with policy requirements) ". Is this contradictory to the Measures for consortium participation, subcontracting and other measures stipulated in the Measures
Answer: For the part of the consortium to be undertaken by SMEs, or subcontracted to SMEs, it must be entirely manufactured, constructed or undertaken by SMEs. Suppliers should be in the statement letter "project name" part of the specific content of the consortium of small and medium-sized enterprises or small and medium-sized enterprises subcontracting specific content.
VII, other issues
1. Welfare units with disabilities to participate in government procurement activities how to enjoy the "Measures" of the relevant support policies for private non-enterprises and other social organizations can enjoy the promotion of small and medium-sized enterprise development of government procurement policies
A: On the issue of the welfare units of persons with disabilities to enjoy the government procurement measures to support small and medium-sized enterprises, the Ministry of Finance is studying to improve the convergence with the "Measures". The Ministry of Finance is studying and improving the convergence measures with the Measures, and before the issuance of the relevant documents, it will still be implemented in accordance with the relevant provisions of the Circular on Government Procurement Policies on Promoting the Employment of Persons with Disabilities (Caiku [2017] No. 141).
On the issue of social organizations enjoying the government procurement policy of promoting the development of small and medium-sized enterprises (SMEs), the Ministry of Finance is working with the relevant departments to study and formulate relevant regulations.