Chapter I General Provisions
Article 1 These measures are formulated in accordance with the provisions of the Government Procurement Law of the People's Republic of China and the Measures for the Administration of Bidding and Tendering of Government Procurement of Goods and Services, in order to implement the government procurement policies of the central and provincial governments on supporting energy conservation and environmental protection products.
Article 2 The term "energy-saving and environmentally-friendly products" as mentioned in these Measures refers to the "Government Procurement List of Energy-Saving Products" formulated by the Ministry of Finance and the National Development and Reform Commission, and the "Government Procurement List of Environmental Labeling Products" formulated by the Ministry of Finance and the State Environmental Protection Administration. The product.
Article 3 The effective time of the product in the “Government Procurement List of Energy-Saving Products†shall be based on the effective expiration date of the national energy-saving product certification certificate, and the automatic expiration date of the validity date of the certification certificate shall expire.
The effective time of the product in the “Government Procurement List of Environmental Labeling Products†shall be based on the effective expiration date of the China Environmental Labeling Product Certification Certificate, and the automatic expiration date of the validity date of the certification certificate shall expire.
Article 4 State organs, institutions and organizations at all levels in Shandong Province (hereinafter collectively referred to as purchasers) shall give priority to the purchase of energy-saving and environmentally friendly products in government procurement activities.
Article 5 These measures shall apply to the procurement of government procurement by the purchaser and its entrusted procurement agency.
The procurement agency referred to in these Measures refers to the centralized procurement agencies at all levels and other government procurement agencies that have been qualified by the financial departments at or above the provincial level.
Article 6 No unit or individual shall obstruct or restrict the suppliers of energy-saving and environmentally-friendly products (referring to suppliers of energy-saving and environmentally-friendly products, the same below) to freely enter the government procurement market of the region and the industry, and shall not be unreasonable. Suppliers are subject to differential treatment or discriminatory treatment.
Chapter II Review Requirements
Article 7 Purchasers purchasing procurement of energy-saving and environmentally-friendly products shall adopt procurement methods that comply with the law. Among them, if the standard of public bidding is reached, it shall be purchased by public bidding.
Article 8 If the purchaser purchases the public bidding amount or above, the energy-saving and environmentally-friendly products that have been identified as having high technical content, technical specifications and prices are difficult to determine, and may be invited to invite bidding, competitive negotiation and inquiry, etc., with the approval of the financial department at the same level. Purchasing method procurement.
Article 9 The purchasing unit must make specific provisions for preferential procurement of energy-saving and environmentally-friendly products, including evaluation factors and points, in the qualification requirements, evaluation methods and standards of procurement documents (including bidding documents, negotiation documents, and inquiry documents, the same below). Value, etc.
Article 10 Procurement documents may not require or identify specific suppliers or products, as well as other content that contains or favors potential energy-saving, environmentally-friendly product suppliers.
Article 11 When a purchaser purchases energy-saving and environmentally-friendly products with a long service life and high unit price, the life expectancy cost of the product shall be considered.
Article 12 The bidding and purchasing unit shall reasonably set the supplier qualification requirements, and may appropriately reduce the requirements for energy-saving and environmentally-friendly product suppliers in terms of supplier scale, performance and qualifications.
Article 13 If the procurement is conducted by means of invitation and bidding, the suppliers of energy-saving and environmentally-friendly products that meet the corresponding qualifications shall be invited to participate in the bidding. If the procurement is conducted through competitive negotiation or inquiry, the suppliers of energy-saving and environmentally-friendly products shall be given priority to participate in the negotiation. Inquiry.
Article 14 Energy-saving and environmentally-friendly product suppliers may challenge government procurement matters in accordance with the provisions of the Government Procurement Law, the Measures for Handling Complaints by Government Procurement Suppliers, and the Operational Procedures for Complaint Handling of Shandong Provincial Government Procurement Suppliers. Complaint.
Chapter III Evaluation Criteria
Article 15 Items that are evaluated by the lowest evaluation price method may be given a price deduction of 5-10% for energy-saving and environmentally-friendly products.
Article 16 For projects that are evaluated by the comprehensive scoring method, the factors of energy conservation and environmental protection assessment shall be increased. Under the premise of meeting the basic technical conditions, the technology and price items shall be given a certain amount of points according to the following rules.
(1) In the price evaluation item, the energy-saving and environmentally-friendly products may be given different points ranging from 4% to 8% of the total price evaluation score;
(2) In the technical evaluation criteria, the energy-saving and environmentally-friendly products may be given an extra point of 4%-8% of the total score of the technical evaluation.
Article 17 Projects that use the cost-effectiveness method for bid evaluation may refer to Articles 15 and 16 of the present Measures to increase energy-saving and environmental protection scoring factors for energy-saving and environmentally-friendly products and to deduct a certain amount of price.
Article 18 Where procurement is conducted through competitive negotiation or inquiry, the energy conservation and environmental protection requirements of products shall be taken as the content of negotiation and inquiry. In the case that the procurement demand, quality and service are equal, if the price of energy-saving and environmentally friendly products is not higher than 10% of the lowest price of the general product, the supplier of energy-saving and environmentally-friendly products shall be identified as the supplier of the transaction.
Article 19 Purchasing agencies may set reasonable price deduction ratios, bonus points, and energy-saving and environmental protection factor scores according to factors such as the scientific and technological content of different types of energy-saving and environmentally-friendly products, market competition, market maturity and sales characteristics. Etc. and clarify in the bidding documents.
Chapter IV Supervision and Inspection
Article 20 The financial departments at all levels shall strengthen the supervision and management of government procurement activities for energy conservation and environmental protection products.
Article 21 If a purchaser fails to purchase energy-saving and environmentally-friendly products as required, the financial department shall promptly take effective measures to order it to make corrections. If they refuse to make corrections, they will be notified and will not be disbursed.
Article 22 If a procurement agency has one of the following circumstances, it shall be ordered to make corrections within a time limit, and shall be notified to the industry according to the circumstances and included in the list of bad records.
(1) The specific requirements for preferential procurement of energy-saving and environmentally friendly products are not stated in the bidding documents;
(2) Restricting or excluding suppliers of energy-saving and environmentally friendly products from participating in government procurement with unreasonable requirements;
(3) Purchasing products of the same category as energy-saving and environmentally-friendly products, when invited for bidding, competitive negotiation, and inquiry, did not invite energy-saving and environmentally-friendly product suppliers to participate.
Article 23 If the winning bidder and the supplier of the transaction provide false materials to pretend to be energy-saving and environmentally friendly products for government procurement contracts, the winning bids and the result of the transaction are invalid, and they are included in the list of bad behavior records, and it is forbidden to participate in government procurement activities within one to three years. Constitute a crime, be held criminally responsible.
Chapter V Supplementary Provisions
Article 24 Where a government procurement project involves the procurement of energy-saving and environmentally-friendly products, it shall be implemented with reference to these Measures.
Article 25 The system for compulsory procurement of energy-saving products by the government shall be issued separately.
Article 26 These Measures shall be interpreted by the Shandong Provincial Department of Finance.
Article 27 These Measures shall come into force on January 1, 2008.
Article 1 These measures are formulated in accordance with the provisions of the Government Procurement Law of the People's Republic of China and the Measures for the Administration of Bidding and Tendering of Government Procurement of Goods and Services, in order to implement the government procurement policies of the central and provincial governments on supporting energy conservation and environmental protection products.
Article 2 The term "energy-saving and environmentally-friendly products" as mentioned in these Measures refers to the "Government Procurement List of Energy-Saving Products" formulated by the Ministry of Finance and the National Development and Reform Commission, and the "Government Procurement List of Environmental Labeling Products" formulated by the Ministry of Finance and the State Environmental Protection Administration. The product.
Article 3 The effective time of the product in the “Government Procurement List of Energy-Saving Products†shall be based on the effective expiration date of the national energy-saving product certification certificate, and the automatic expiration date of the validity date of the certification certificate shall expire.
The effective time of the product in the “Government Procurement List of Environmental Labeling Products†shall be based on the effective expiration date of the China Environmental Labeling Product Certification Certificate, and the automatic expiration date of the validity date of the certification certificate shall expire.
Article 4 State organs, institutions and organizations at all levels in Shandong Province (hereinafter collectively referred to as purchasers) shall give priority to the purchase of energy-saving and environmentally friendly products in government procurement activities.
Article 5 These measures shall apply to the procurement of government procurement by the purchaser and its entrusted procurement agency.
The procurement agency referred to in these Measures refers to the centralized procurement agencies at all levels and other government procurement agencies that have been qualified by the financial departments at or above the provincial level.
Article 6 No unit or individual shall obstruct or restrict the suppliers of energy-saving and environmentally-friendly products (referring to suppliers of energy-saving and environmentally-friendly products, the same below) to freely enter the government procurement market of the region and the industry, and shall not be unreasonable. Suppliers are subject to differential treatment or discriminatory treatment.
Chapter II Review Requirements
Article 7 Purchasers purchasing procurement of energy-saving and environmentally-friendly products shall adopt procurement methods that comply with the law. Among them, if the standard of public bidding is reached, it shall be purchased by public bidding.
Article 8 If the purchaser purchases the public bidding amount or above, the energy-saving and environmentally-friendly products that have been identified as having high technical content, technical specifications and prices are difficult to determine, and may be invited to invite bidding, competitive negotiation and inquiry, etc., with the approval of the financial department at the same level. Purchasing method procurement.
Article 9 The purchasing unit must make specific provisions for preferential procurement of energy-saving and environmentally-friendly products, including evaluation factors and points, in the qualification requirements, evaluation methods and standards of procurement documents (including bidding documents, negotiation documents, and inquiry documents, the same below). Value, etc.
Article 10 Procurement documents may not require or identify specific suppliers or products, as well as other content that contains or favors potential energy-saving, environmentally-friendly product suppliers.
Article 11 When a purchaser purchases energy-saving and environmentally-friendly products with a long service life and high unit price, the life expectancy cost of the product shall be considered.
Article 12 The bidding and purchasing unit shall reasonably set the supplier qualification requirements, and may appropriately reduce the requirements for energy-saving and environmentally-friendly product suppliers in terms of supplier scale, performance and qualifications.
Article 13 If the procurement is conducted by means of invitation and bidding, the suppliers of energy-saving and environmentally-friendly products that meet the corresponding qualifications shall be invited to participate in the bidding. If the procurement is conducted through competitive negotiation or inquiry, the suppliers of energy-saving and environmentally-friendly products shall be given priority to participate in the negotiation. Inquiry.
Article 14 Energy-saving and environmentally-friendly product suppliers may challenge government procurement matters in accordance with the provisions of the Government Procurement Law, the Measures for Handling Complaints by Government Procurement Suppliers, and the Operational Procedures for Complaint Handling of Shandong Provincial Government Procurement Suppliers. Complaint.
Chapter III Evaluation Criteria
Article 15 Items that are evaluated by the lowest evaluation price method may be given a price deduction of 5-10% for energy-saving and environmentally-friendly products.
Article 16 For projects that are evaluated by the comprehensive scoring method, the factors of energy conservation and environmental protection assessment shall be increased. Under the premise of meeting the basic technical conditions, the technology and price items shall be given a certain amount of points according to the following rules.
(1) In the price evaluation item, the energy-saving and environmentally-friendly products may be given different points ranging from 4% to 8% of the total price evaluation score;
(2) In the technical evaluation criteria, the energy-saving and environmentally-friendly products may be given an extra point of 4%-8% of the total score of the technical evaluation.
Article 17 Projects that use the cost-effectiveness method for bid evaluation may refer to Articles 15 and 16 of the present Measures to increase energy-saving and environmental protection scoring factors for energy-saving and environmentally-friendly products and to deduct a certain amount of price.
Article 18 Where procurement is conducted through competitive negotiation or inquiry, the energy conservation and environmental protection requirements of products shall be taken as the content of negotiation and inquiry. In the case that the procurement demand, quality and service are equal, if the price of energy-saving and environmentally friendly products is not higher than 10% of the lowest price of the general product, the supplier of energy-saving and environmentally-friendly products shall be identified as the supplier of the transaction.
Article 19 Purchasing agencies may set reasonable price deduction ratios, bonus points, and energy-saving and environmental protection factor scores according to factors such as the scientific and technological content of different types of energy-saving and environmentally-friendly products, market competition, market maturity and sales characteristics. Etc. and clarify in the bidding documents.
Chapter IV Supervision and Inspection
Article 20 The financial departments at all levels shall strengthen the supervision and management of government procurement activities for energy conservation and environmental protection products.
Article 21 If a purchaser fails to purchase energy-saving and environmentally-friendly products as required, the financial department shall promptly take effective measures to order it to make corrections. If they refuse to make corrections, they will be notified and will not be disbursed.
Article 22 If a procurement agency has one of the following circumstances, it shall be ordered to make corrections within a time limit, and shall be notified to the industry according to the circumstances and included in the list of bad records.
(1) The specific requirements for preferential procurement of energy-saving and environmentally friendly products are not stated in the bidding documents;
(2) Restricting or excluding suppliers of energy-saving and environmentally friendly products from participating in government procurement with unreasonable requirements;
(3) Purchasing products of the same category as energy-saving and environmentally-friendly products, when invited for bidding, competitive negotiation, and inquiry, did not invite energy-saving and environmentally-friendly product suppliers to participate.
Article 23 If the winning bidder and the supplier of the transaction provide false materials to pretend to be energy-saving and environmentally friendly products for government procurement contracts, the winning bids and the result of the transaction are invalid, and they are included in the list of bad behavior records, and it is forbidden to participate in government procurement activities within one to three years. Constitute a crime, be held criminally responsible.
Chapter V Supplementary Provisions
Article 24 Where a government procurement project involves the procurement of energy-saving and environmentally-friendly products, it shall be implemented with reference to these Measures.
Article 25 The system for compulsory procurement of energy-saving products by the government shall be issued separately.
Article 26 These Measures shall be interpreted by the Shandong Provincial Department of Finance.
Article 27 These Measures shall come into force on January 1, 2008.
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