Measures for the administration of government procurement

Legal analysis: the procurement demand should comply with laws and regulations, government procurement policies and relevant national regulations, comply with national mandatory standards, follow the provisions of budget, assets, finance and other related management systems, and meet the characteristics and actual needs of procurement projects. Government procurement demand management refers to the activities that the purchaser organizes to determine the procurement demand, prepare the procurement implementation plan and implement relevant risk control management. Procurement demand management should follow the principles of scientific and reasonable, strict economy, standardized and efficient, and clear rights and responsibilities. The purchaser is the responsible subject of procurement demand management, and the competent budget unit is responsible for guiding the procurement demand management of this department. Procurement demand refers to the procurement objectives and technical and commercial requirements that the purchaser needs to meet in order to achieve the project objectives. Procurement needs should be determined according to the departmental budget, and the project objectives should be clearly defined, so even technical and commercial requirements, functions and quality indicators should be fully considered, which may affect the supplier's quotation and project implementation risks.

Legal basis: Measures for the Administration of Government Procurement Demand

Article 9 Procurement requirements shall be clear, standardized and accurate. Technical requirements and business requirements should be objective, quantitative indicators should be clear about the corresponding grades, and grades should be divided according to intervals if there are continuous intervals. For procurement projects that require suppliers to provide design scheme, solution or organization scheme, the basic requirements such as the functions, application scenarios and objectives of the procurement target should be explained, and the objectives and quantitative indicators should be defined as far as possible. Procurement requirements can directly refer to relevant national standards, industry standards, local standards and other standards and specifications, or put forward higher technical requirements according to project objectives.

Article 10 Before determining the procurement demand, the purchaser can conduct demand survey through consultation, demonstration and questionnaire survey, so as to know the development of related industries, market supply, historical transaction information of similar procurement projects, and possible subsequent procurement information such as operation and maintenance, upgrading, spare parts and consumables. When conducting a demand survey of market participants, there are generally no less than three selected survey objects, which should be representative.

Article 12 The term "procurement implementation plan" as mentioned in these Measures refers to the arrangements made by the purchaser for the conclusion and management of contracts around the realization of procurement requirements. The procurement implementation plan is determined according to laws and regulations, government procurement policies and relevant national regulations, and combined with the characteristics of procurement demand.

Article 14 A purchaser shall realize the function of supporting government procurement policies such as innovation, green development and the development of small and medium-sized enterprises by determining supplier qualifications and formulating evaluation rules.