The Measures for the Administration of Government Procurement to Promote the Development of Small and Medium-sized Enterprises (Caiku [2020] No.46, hereinafter referred to as the Measures) has been implemented since January 1, 2021. The answers to questions of general concern to all parties are as follows:
First, on the scope of policy support
1. For the goods procurement projects with unreserved shares specially for small and medium-sized enterprises, and the goods procurement packages with unreserved shares in the projects, all the goods provided by large and medium-sized enterprises are made by small and micro enterprises, can you enjoy 6%-10% quotation deduction? Is there still a requirement of "double small" (that is, the enterprises directly involved in procurement activities are small and medium-sized enterprises, and the goods are made by small and medium-sized enterprises)?
A:According to the "Measures", in the goods procurement project, if the goods are manufactured by small and medium-sized enterprises (the goods are produced by small and medium-sized enterprises and use the trade name or registered trademark of the small and medium-sized enterprises), they can enjoy the SME support policy. If a procurement project or procurement contains multiple procurement targets, each procurement target should be manufactured by small and medium-sized enterprises. In the procurement items or packages mentioned in the question, all the procurement targets provided by large enterprises are 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 made by both small and micro enterprises and medium-sized enterprises, do they 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 a variety of goods and multiple manufacturers. Bidders take goods from wholesalers or distributors instead of manufacturers directly, 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 intentionally 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 Statement Letter issued by it. If the content of the SME Statement Letter issued by the bidder is untrue, it belongs to providing false materials to win the bid. In practice, if the bidder wants to obtain the policy support stipulated in the Measures, it should obtain sufficient and accurate information from the manufacturer. 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 shall, according to the relevant provisions of government procurement and the actual situation of the procurement project, determine whether the proposed procurement project is a goods, project or service 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 the service providers involved; In the project procurement project, the project should be undertaken by small and medium-sized enterprises, and there is no requirement for the manufacturers of goods and the 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?
A: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 reserved share policy for small and medium-sized enterprises; If all the goods, projects and services provided by the parties to the consortium are manufactured, contracted and undertaken by small and micro enterprises, the consortium shall treat them as small and micro enterprises and enjoy the reserved share policy for them.
6. In Article 2 of the Measures, "except that 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 the relevant laws and regulations, the person in charge refers to the legal representative of the unit or the main person in charge who exercises functions and powers on behalf of the unit as stipulated by 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 it holds account for more than 50% of the total share capital of a joint stock limited company, and although the capital contribution or the proportion of shares it holds is less than 50%, the voting rights it enjoys according to its capital contribution or the shares it holds are enough to have a significant impact on the resolutions of shareholders’ meetings. Management relationship refers to other management and managed relationships with units that do not have a shareholding relationship. Small and medium-sized enterprises with the above situation 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.
Two, about the situation of not specifically for small and medium-sized enterprises to purchase.
What does "infrastructure restriction" mean 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. The purchaser can make a judgment according to the actual situation.
Third, about the reserved share
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, more than 30% of the total budget of these procurement projects shall be reserved exclusively for small and medium-sized enterprises, and the proportion reserved for small and micro enterprises shall not be less than 60%." What does "this part" mean in the "total budget of this part of procurement projects"?
A:"This part" refers to the procurement items of goods and services exceeding 2 million yuan and the procurement items suitable for small and medium-sized enterprises among the engineering procurement items exceeding 4 million yuan.
Fourth, about the price review concessions
1. In the project of purchasing goods specially for small and medium-sized enterprises without reserved share, if the goods provided by small and micro suppliers are both made by medium-sized enterprises and made by small and micro enterprises, shall the price be deducted by 6%-10%? If it is deducted, is the overall quotation deducted, or is it deducted for the quotation of goods manufactured by small and micro enterprises?
A:According to the "Measures", if the goods procurement project mentioned in the title contains multiple procurement targets, only when each target provided by the supplier is made by small and micro enterprises can the price deduction policy of 6%-10% be enjoyed. If the goods provided by small and micro suppliers are made by both medium-sized enterprises and small and micro enterprises, they do not enjoy the relevant policy of price deduction.
2. Is it necessary to implement the preferential policy of price evaluation for procurement projects or procurement packages specially for small and medium-sized enterprises? If necessary, do medium-sized enterprises enjoy price deduction?
A:Projects or procurement packages specially designed for small and medium-sized enterprises will no longer be supported by preferential price evaluation.
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 the government procurement construction project to which the bidding method is applied, the price score shall be increased by 3%-5% on the basis of the original quotation." If the price of small and micro enterprises in engineering construction projects is full marks, will 3%-5% of their price marks be added as their price marks on the basis of full marks?
A:In government procurement projects, the price points for small and medium-sized enterprises are policy points, and even if the price points for small and micro enterprises are full marks, they should enjoy preferential policies and then be given extra points.
4. Article 9 of the Measures stipulates: "For procurement projects that accept large and medium-sized enterprises to form a consortium with small and micro enterprises or allow large and medium-sized enterprises to subcontract to one or more small and micro enterprises, if the contract share of small and micro enterprises accounts for more than 30% of the total contract amount as stipulated in the joint agreement or subcontracting intention agreement …" Does "small and micro enterprises" here refer to the enterprises themselves in goods procurement projects, or what type of enterprises manufacture the products they provide according to Article 4?
A:The "small and micro enterprises" in the provisions on consortium and subcontracting in Article 9 of the Measures shall meet the relevant provisions in Article 4 of the Measures, and the "contract share of small and micro enterprises" shall be the contract share of goods manufactured, projects undertaken and services undertaken by small and micro enterprises.
V. Determination of the industry to which the subject matter of procurement belongs
Article 12 of the Measures stipulates that the procurement documents shall specify the industries to which the classification standards for SMEs corresponding to the procurement targets belong. If a procurement project contains multiple products of different varieties, should the purchaser or procurement agency specify the industry of each product?
A:The purchaser and the procurement agency shall, according to the SME classification standards approved by the State Council and the specific circumstances of the procurement project, specify in the procurement documents the industries to which the SME classification standards corresponding to the procurement targets belong. If a procurement project involves multiple procurement targets, the industries to which the SME classification standards corresponding to all procurement targets belong shall be clearly defined in the procurement documents one by one. The supplier judges whether it belongs 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 for the classification of 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.
VI. Letter of Statement for Small and Medium-sized Enterprises
Annex 1: Statement Letter of SMEs
1. Annex 1 "Letter of Statement for SMEs" stipulates that newly established enterprises without previous year’s data need 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 SMEs?
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 true judgment according to the enterprise’s own situation. If you think that this 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. Suppliers need to fill in the details of relevant enterprises (including SMEs in the consortium and SMEs that have signed subcontracting intention agreements) in the Statement Letter for SMEs. Do both the consortium and the subcontracting enterprise need to provide enterprise information in the form of declaration letter?
A:The Letter of Statement for Small and Medium-sized Enterprises is issued by suppliers who participate 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 SMEs in the consortium or those who signed the subcontracting intention agreement in the SME Declaration Letter.
3. Can suppliers enjoy the SME support policies stipulated in the Measures in government procurement activities as long as they issue the SME Declaration Letter?
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 Statement for SMEs. No unit or individual may require suppliers to provide identification documents for SMEs other than the Letter of Statement.
4. The Statement Letter for Small and Medium-sized Enterprises requires that "all the goods provided are made by small and medium-sized enterprises that meet the policy requirements" and "all the construction units of the project are small and medium-sized enterprises that meet the policy requirements (or: all the services are undertaken by small and medium-sized enterprises that meet the policy requirements)". Is this inconsistent with the measures such as consortium participation and subcontracting stipulated in the Measures?
A: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.
VII. Other issues
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:Regarding the welfare units for the disabled to enjoy the relevant measures of government procurement to support small and medium-sized enterprises, the Ministry of Finance is studying and improving the measures of convergence with the Measures. Before the relevant documents are issued, they will still be implemented in accordance with the relevant provisions of the Notice on Government Procurement Policies for Promoting the Employment of Disabled Persons (Caiku [2017] No.141).
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.