At the end of 2020, the Ministry of Finance and the Ministry of Industry and Information Technology issued the Administrative Measures for Government Procurement to Promote the Development of Small and Medium-sized Enterprises (Caiku [2020] No.46), which further played the role of government procurement policy and supported the development of small and medium-sized enterprises through preferential measures for price evaluation of unreserved share procurement projects specifically for small and medium-sized enterprises. However, in government procurement activities, how to judge that small and medium-sized enterprises, agencies, bid evaluation experts and small and medium-sized enterprises do not understand the relevant policies of providing declaration letters for small and medium-sized enterprises in government procurement activities has affected the efficiency of government procurement bidding. Therefore, according to the current regulations, combined with the actual situation, the author discusses some problems that should be paid attention to when providing statements for small and medium-sized enterprises, for the reference of government procurement parties and supervision institutions in the process of government procurement implementation.
Scope of application of support policies
Small and medium-sized enterprises refer to medium-sized enterprises, small enterprises and micro-enterprises established in People's Republic of China (PRC) according to the classification standards of small and medium-sized enterprises approved by the State Council. According to the Notice of the Ministry of Industry and Information Technology, the National Bureau of Statistics, the National Development and Reform Commission and the Ministry of Finance on Printing and Distributing the Classification Standards for Small and Medium-sized Enterprises (No.[20 1 1]300 issued by the Ministry of Industry and Information Technology), employees, operating income, total assets and other indicators are classified. Individual industrial and commercial households, welfare units for the disabled and qualified prison enterprises that meet the classification standards of small and medium-sized enterprises are regarded as small and medium-sized enterprises in government procurement activities and participate in government procurement activities in the form of consortia. If all parties in the consortium are small and medium-sized enterprises, the consortium is regarded as a small and medium-sized enterprise. Among them, if all parties in the consortium are small and micro enterprises, the consortium shall be regarded as small and micro enterprises. For an enterprise with the same person as the person in charge of a large enterprise, or an enterprise with a direct holding and management relationship with a large enterprise, suppliers provide goods manufactured by both small and medium-sized enterprises and large enterprises, and other organizations, natural persons, legal persons of institutions and other suppliers do not enjoy the SME support policies stipulated in these Measures.
Attribute determination of items to be purchased
The purchaser shall determine whether the project to be purchased is a goods, project or service project according to the relevant provisions of government procurement such as the Measures for the Administration of Public Procurement of Goods and Services (Order No.87 of the Ministry of Finance) and the actual situation of the purchased 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.
Determination of the industry to which the purchasing object belongs
The purchaser and the procurement agency shall, according to the classification standards of small and medium-sized enterprises approved by the State Council and the specific circumstances of the procurement project, specify in the procurement documents the industries to which the classification standards of small and medium-sized enterprises corresponding to the procurement objects belong. 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. If the SME declaration letter issued by the supplier does not belong to the industry to which the procurement object belongs, it may not recognize its SME qualification, but it cannot be used as a reason to refuse its qualification to participate in bidding.
Statement letter provides the theme.
The supplier shall issue the SME declaration letter according to the industry corresponding to the procurement object specified in the procurement documents, rather than the SME declaration letter according to the supplier's business scope. The declaration letter of small and medium-sized enterprises is provided by the suppliers participating in government procurement activities and stamped with the seal of the bidding supplier. The contents stated in the SME declaration letter reflect the supplier information of goods, projects and services provided in government procurement activities. In goods procurement projects, goods are manufactured by small and medium-sized enterprises, that is, goods are produced by small and medium-sized enterprises and use their trade names or registered trademarks; In the engineering procurement project, the project is undertaken by small and medium-sized enterprises, that is, the construction unit is small and medium-sized enterprises; In the service procurement project, the service is undertaken by small and medium-sized enterprises, that is, the service providers are employees of small and medium-sized enterprises who have entered into labor contracts in accordance with the Labor Contract Law of People's Republic of China (PRC).
Declare the contents of the letter.
The declaration letter of small and medium-sized enterprises shall be issued in the format required by the Administrative Measures. If the supplier is a small and medium-sized enterprise, information such as employees, operating income and total assets of the previous year shall be provided in the statement of the small and medium-sized enterprise, and the newly established enterprise may not fill in the data of the previous year. 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. For the part undertaken by small and medium-sized enterprises in the consortium, or the part subcontracted to small and medium-sized enterprises, all the parts must 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. The statement letter of the winning supplier will be publicized together with the results, and the bidder is responsible for the authenticity of the SME statement letter issued by it. If the statement is untrue, it will be regarded as providing false information for winning the bid and closing the transaction, and the bidder will be held accountable. In practice, if bidders want to be supported by the stipulated policies, they should obtain sufficient and accurate information from manufacturers. 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.
To judge or decide by a declaration letter.
In government procurement activities, bidders should truthfully fill in the declaration letter of small and medium-sized enterprises according to the actual situation of enterprises, and use it as the basis for judging whether they are small and medium-sized enterprises in government procurement activities. Suppliers who meet the prescribed conditions 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.