Government Procurement Agencies Measures For The Qualification Accreditation

Original Language Title: 政府采购代理机构资格认定办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347835.shtml

Government procurement agencies measures for the qualification accreditation

    (Released October 26, 2010 Ministry of finance, 61st come into force on December 1, 2010) Chapter I General provisions

    First qualification in order to standardize government procurement agencies, strengthen qualification management of government procurement agencies, in accordance with the People's Republic of China Government procurement law and the relevant provisions of the State Council, these measures are formulated.

    Second qualification cognizance of the application of this approach of government procurement agencies.

    Government procurement agencies mentioned in these measures refers to securing the financial qualifications of certified, shall be subject to the procuring entity entrusted, in government procurement of goods, construction and services purchasing agent business of social intermediary organizations.

    Centralized procurement bodies established by Governments at all levels do not apply these measures.

    Third qualification accreditation of government procurement agencies, should follow the principle of openness, fairness and justice.

    Fourth qualification accreditation of government procurement agencies by Treasury Department and financial Department of the people's Governments of provinces, autonomous regions and municipalities (hereinafter referred to as the provincial financial Department) based on the implementation of the provisions of the present measures.

    Article fifth acting agencies for purposes of government procurement, shall obtain a Treasury or identified by the financial Department of the people's Government at the provincial level qualification accreditation of government procurement agencies.

    Article sixth qualification accreditation of government procurement agencies are divided into qualification of grade a and grade b qualification. Agents of government procurement agencies to meet class a requirements of all government procurement projects.

    Achieved grade b qualification only of government procurement agencies acting single government procurement projects budget amounts of less than RMB 10 million government procurement projects.

    Seventh grade a qualification cognizance of the work of government procurement agencies by the Ministry responsible for grade b qualification cognizance of the registered seat of the provincial government by the applicant is responsible for the financial sector.

    Eighth Ministry or provincial financial departments should be issued to government procurement agencies to meet identified requirements of the qualification certificate of government procurement agencies (hereinafter referred to as the certificate of eligibility).

    The certificate shall specify the Government procurement agency name, scope of business, qualification matters such as expiry dates, and affix the seal of the financial department that issued the certificate.

    Includes an original and a copy of the certificate, valid for three years, the holder shall not lend, lease, transfer or otherwise altered. Nineth government procurement agency acting according to law on government procurement issues across the country.

    No unit or individual shall not take any way, deny or restrict the law of government procurement agencies access to the region or to the Government procurement markets of the industry.

    In its industrial and commercial registration of government procurement agencies outside the provinces, autonomous regions and municipalities to carry out business, shall hold a valid business license, tax registration certificate, copy of the certificate of eligibility to the financial Department of the local people's Government at the provincial level for the record.

    Tenth government procurement agency acting its own equity relationship or association with a natural person, legal person or other organization as a direct or indirect suppliers to participate in government procurement projects.

    11th in the business of government procurement, government procurement agencies should advise their clients legal, convenient, high quality, efficient and affordable service.

    Government procurement agencies by improper means to contract the Government procurement business.

    12th agent in government procurement government procurement agency, in accordance with the relevant stipulations concerning collection agent service fees.

    13th financial departments in the implementation of the Government procurement agency qualification and agency business of government procurement agencies for supervision and inspection work, shall not be charged any fees.

    Chapter II eligible

    14th serie b the Government purchasing agency shall satisfy the following conditions:

    (A) have the status of enterprise legal persons and registered capital of RMB 1 million or more;

    (B) no subordinate relationship with the Executive or any other interests;

    (C) have a sound organizational structure and the internal management system;

    (D) a fixed place of business and conduct of agency business needed to bid on government procurement sites, Office equipment, such as electronic monitoring facilities;

    (E) eligibility criteria for government procurement agency within the previous three years, no violations of the relevant laws and regulations in the business activity subject to criminal penalties administrative penalties or disqualification; (Vi) has participated in the provision of training on government procurement, familiar with the regulations on government procurement and the procurement business of legal, economic and technical professionals.

    Apply to the parent company and the subsidiary, respectively, of parent company and its subsidiaries engage in the Government procurement business professionals must be different;

    (G) not less than ten total full-time staff, which has more than mid-level professional and technical qualifications of the position shall be not less than 40% of the total number of full-time staff;

    (VIII) other conditions stipulated by the Ministry.

    15th serie a government procurement agencies in addition to have the article 14th second to sixth conditions, shall meet the following conditions:

    (A) have the status of enterprise legal persons and registered capital of RMB 5 million Yuan or more;

    (B) not less than 30 total full-time personnel, including mid-level professional and technical qualifications of the position shall be not less than 60% of the total number of full-time staff;

    (C) grade b qualification for more than a year of government procurement agencies, agent within the last two years that the Government purchase bid, turnover has exceeded 100 million Yuan or above; or engage in the procuratorial tender business more than two years, winning the last two years has exceeded 1 billion yuan more than the amount;

    (D) other conditions stipulated by the Ministry.

    Qualifications of 16th section b of government procurement agencies, applicants shall register the location of the provincial financial department submitted applications for accreditation, and provides the following materials:

    (A) the valid business license, tax registration certificate, and the social insurance registration certificate;

    (B) by the industrial and commercial administration departments for the record copy of the statutes of the company;

    (C) no subordinate relationship with the Executive and other written statements of interest;

    (D) the internal management system of institutions; (E) a fixed place of business and conduct of agency business needed to bid on government procurement sites, electronic monitoring and other Office equipment, facility related proof materials.

    Places of business premises, opening space for their own copy of the title certificate; places of business premises, opening space for lease rental property right certificate as well as the rental of copies of contracts or agreements;

    (F) the eligibility criteria for government procurement agency within the previous three years, no violations of the relevant laws and regulations in the business activity subject to criminal penalties administrative penalties or disqualification and a written statement;

    (VII) professionals, mid-level professional and technical posts at or above the list of certificates, employment contracts, personnel files management proxy certificates and applications for six months before or proof of establishment of the enterprise to pay social insurance fees (paid social security information form or a bank payment document) copies;

    (H) the parent company or subsidiary had applied for or obtain a description of the qualification accreditation of government procurement agencies;

    (IX) other materials stipulated by the Ministry.

    Article 17th serie a qualification of government procurement agencies, the applicant shall submit applications for accreditation to the Treasury, and provide the following materials:

    (A) the material provided in this article 16th;

    (Ii) grade b qualification of government procurement agencies, submitted to the grade b qualification certificate;

    (C) the Government procurement list of effective performance or the tender agent list of effective performance, as well as with the corresponding agency performance agreements and procurement people (tender) to determine the winning bidder, copy of the contract notice in writing of the results of. 18th the applicant shall truthfully submit the application materials and reflect the true situation, and is responsible for the authenticity of the substance of the application materials.

    Treasury or financial departments of the provincial Government shall not require an applicant to provide materials regardless of the qualification accreditation of government procurement agencies.

    19th applicant should submit application materials a copy of the article, should submit the original or the financial Department of the people's Government at the provincial level by the Ministry after the check be returned.

    The applicant will be handed over to the notary notarized copies of application materials "consistent with the original" bound after submission, you can submit a copy of the original.

    20th Ministry or provincial financial departments put forward by the applicant's application for accreditation shall be made according to the following circumstances:

    (A) the application does not belong to the financial sector by law mandates, inadmissibility decisions should be made, and inform the applicant apply to the departments concerned;

    (B) application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot;

    (C) the application materials are incomplete or do not comply with this regulation, it shall immediately or within five working days, inform the applicant needs to supplement the entire contents of, fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (D) the applications belong to the financial sector terms of reference, application materials are complete and comply with the regulations, correction or the applicant has submitted all the required application materials and should accept an application for accreditation.

    21st Ministry or provincial financial departments accept or not to accept an application for accreditation, certificate with the Special seal and date the financial Department in written form.

    22nd Ministry or provincial financial departments should review the application materials submitted by the applicant, and accepting the qualification within 20 working days from the date of the application, according to the following decision, respectively, did not take a decision within 20 working days, approved by the heads of the financial sector, you can extend the ten working days, and shall inform the applicant of the reasons for such further period:
(A) the application meets the conditions of this regulation, the written decision shall be qualified as a determination is made in accordance with law, and grade a or grade b certificate of qualification issued to the applicant;

    (B) the applicant's application does not meet the conditions of this regulation, it shall not be found qualified a written decision, and explain the reasons and inform the applicant apply for administrative reconsideration or bring an administrative suit right.

    Treasury or financial Department of the people's Government at the provincial level before making accreditation decisions, should be identified to be specified by the eligibility list of government procurement agencies in government procurement information published on media publicity, public notice period of not less than five working days.

    Government procurement article 23rd serie b after the Agency was granted the license qualification accreditation of government procurement agencies, its original grade b qualification accreditation of government procurement agencies automatically invalidated.

    Article 24th Ministry or provincial financial departments shall obtain determination eligibility list of government procurement agencies in designated government procurement information published shall be published in the media.

    25th financial Department of the people's Government at the provincial level should be since the date of ratification of grade b qualification accreditation of government procurement agencies within 30th will receive the qualified category b list of government procurement agencies of the Ministry of finance the record.

    Chapter III qualifications continuity and change

    26th government procurement agency needs to extend validity of legally obtained the qualification accreditation of government procurement agencies, should the expiry set forth in the certificate of eligibility before 60 days to make a qualified decision apply to the financial sector.

    27th class b extend the eligibility of government procurement agencies, shall meet the conditions laid down in article 14th.

    28th serie a eligibility for continuation of government procurement agencies, shall meet the following requirements:

    (A) the conditions laid down in article 15th, but except for the third;

    (B) completed within the validity of the qualification certificate of the proxy government procurement bid, more than RMB 150 million turnover.

    29th the applicant qualification renewal application, should be eligible for filing continuation applications, and provides the following materials:

    (A) the valid business license, tax registration certificate, and the social insurance registration certificate;

    (B) the original copy of the certificate of qualification;

    (C) the place, opening venue changes, its own sites should provide a copy of the title certificate; rental places shall provide lessor property certificate as well as the rental of copies of contracts or agreements;

    (D) within the last three years no violations of the relevant laws and regulations in the business activity subject to criminal penalties administrative penalties or disqualification or more and a written statement;

    (E) full-time personnel, mid-level professional and technical posts at or above the list of certificates, labor contracts, personnel files management proxy certificates and proof of six months before the application for payment of social insurance premiums (paid social security information form or a bank payment document) copies;

    (F) class a government procurement agencies to submit to the Government procurement list of effective performance, as well as the support required for the performance of the corresponding agent agreement and determine the winning bidder of the procuring, copy of the contract notice in writing of the results of;

    (VII) other materials stipulated by the Ministry.

    30th Ministry or provincial received qualification of the financial sector after the renewal application and approval, application materials are complete and comply with the statutory format and requirements, should accept the application, in accordance with the provisions of the present article 19th to 21st for review, and the applicant's qualifications prior to the expiry of government procurement agencies, separately according to the following decision:

    (A) the application meets the conditions of this regulation, it shall make determinations of continued qualification accreditation of government procurement agencies and issue a new certificate of qualification;

    (B) the applicant's application does not meet the conditions of this regulation, it shall make a written decision of no continuing qualification accreditation of government procurement agencies, and explain the reasons and inform the applicant apply for administrative reconsideration or bring an administrative suit right. 31st government procurement agency fails to extend the eligibility, the qualification certificate shall expire automatically after the expiry date of the certificate set out in.

    Need to continue acting on government procurement matters, should reapply for the qualification accreditation of government procurement agencies. 32nd government procurement agency of the particulars of the certificate is changed according to law, shall from the date of change 20th, provide all supporting documents and for changing or refilling.

    However, the name change should reapply for the qualification accreditation of government procurement agencies.

    Article 33rd government procurement agency dissolution, bankruptcy or due to any other reason to terminate the Government procurement business shall be from the date it happened within the 10th returned the certificate of eligibility, for cancellation procedures.

    Article 34th Division or merger of government procurement agencies, shall be from the date it happened within the 10th returned the certificate of eligibility, cancellation procedures divided or merged institution intends to engage in the Government procurement business, should reapply for the qualification accreditation of government procurement agencies.

    35th government procurement agency of the measures stipulated in articles 32nd to 34th, fails to go through the relevant formalities, the qualification accreditation of government procurement agencies automatically invalidated.

    Fourth chapter of supervision and inspection

    Article 36th Treasury should strengthen the financial Department of the people's Government at the provincial level to implement the Government procurement agency accreditation supervision and inspection work, corrected and dealt with according to law violations in the qualification.

    37th financial Department of the people's Governments above the county level shall, in accordance with administrative rights on government procurement, government procurement agencies implementing government procurement laws and regulations, including procurement, procurement methods, procurement procedures, agency performance and Government procurement agency personnel's professional quality and professional skills of conducting supervision and inspection, strengthen supervision of archive management, establishment of bad behavior announcements system. 38th financial Department of the people's Governments above the county level shall handle the punishing violations of government procurement agencies, and make an announcement.

    But administrative penalties relating to government procurement agencies accredited as grade a, shall be made by the Treasury; administrative penalty involving grade b qualification should be found eligible to the financial Department of the people's Government at the provincial level or the Ministry of finance.

    39th financial departments of the local people's Governments at or above the county level should be the punishment of violations of government procurement agencies results, financial departments of the written decision on accreditation is made. 40th individuals and organizations discover the law of government procurement agencies acting on government procurement matters has the right to report to the financial sector.

    Received reports of financial authorities to deal with, it should be verified, processed in a timely manner; in no position to handle shall be promptly transferred power to deal with the financial sector.

    The fifth chapter legal liability

    41st applicant concealed relevant information or provide false materials, Treasury Department and financial Department of the people's Government at the provincial level should be inadmissible or no qualification, continue, and given a warning.

    42nd applicant with fraud, bribery or other improper means to achieve qualification accreditation of government procurement agencies, decided by the qualification to lift the financial sector, and withdraw the certificate of eligibility; suspect, transferred to judicial organs for handling.

    Article 43rd government procurement agency, one of the following circumstances, rectification and give a warning in serious cases, suspend the Government procurement agency 3-6 months; the circumstances are especially serious, or it fails, cancel the qualification accreditation of government procurement agencies and withdraw the certificate of eligibility; a suspected crime, transferred to judicial organs for handling:

    (A) lend, lease, transfer or altered certificate of qualification;

    (B) beyond the scope of business of qualifying contract or through improper means to contract the Government procurement business;

    (C) violations of the provisions of article tenth;

    (Iv) breach of agency agreement leaked and procurement agency business-related information and data;

    (E) amending the procurement documents or bid (the) results;

    (F) agent in government procurement in the People's Republic of China Law on government procurement article 71st, 72nd and 76th of the offence provided for in article;

    (VII) other violations of laws, rules and regulations.

    Be given a warning or suspension penalty the Government procurement agency, within three years after having been punished once again one of the circumstances listed in the first paragraph of this article, cancel the qualification accreditation of government procurement agencies and withdraw the certificate of eligibility; a suspected crime, transferred to judicial organs for handling.

    44th government procurement agency Executive in the financial sector and penalties is dissatisfied with a decision may apply for administrative reconsideration or bring administrative proceedings.

    The sixth chapter supplementary articles

    Article 45th full-time staff in these measures refers to labor contract with the applicant, staff pay social insurance premiums in accordance with law by the applicant, not including retirees.

    Article 46th government procurement agency accreditation and qualifications continuation form of applications formulated by the Ministry of finance is responsible for the text. 47th article of the measures shall take effect on December 1, 2010. December 28, 2005 the Ministry of Finance issued the measures for the qualification accreditation of government procurement agencies (Ministry of the 31st) be repealed simultaneously.