The General Office of the State Council issued an action plan for government procurement, which includes content related to the certification field

Recently, the General Office of the State Council issued the "Three-Year Action Plan for Rectifying Market Order, Building a Legal System, and Promoting Industrial Development in the Field of Government Procurement (2024-2026)" (hereinafter referred to as the "Plan"). The Plan clarifies:

Strengthen coordinated supervision of government procurement. The financial departments shall cooperate with market supervision departments to verify suppliers providing false certification documents and test reports;

Establish a domestic product standard system for government procurement, gradually forming a domestic product standard system to ensure that products produced by enterprises of different ownership types within China can equally participate in government procurement activities;

Formulate and implement government procurement support policies for green products, giving priority or mandatory procurement to products that have obtained green product certification or meet government green procurement demand standards, promoting green and low-carbon development.

Details are as follows:

People's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries and commissions of the State Council, and all directly affiliated institutions:

The "Three-Year Action Plan for Rectifying Market Order, Building a Legal System, and Promoting Industrial Development in the Field of Government Procurement (2024-2026)" has been approved by the State Council and is now issued to you. Please conscientiously implement it.

General Office of the State Council

June 29, 2024

Three-Year Action Plan for Rectifying Market Order, Building a Legal System, and Promoting Industrial Development in the Field of Government Procurement (2024-2026)

To create a market-oriented, law-based, and international business environment, accelerate the construction of a modern industrial system, and promote high-quality economic and social development, this plan is formulated to address prominent issues currently existing in the field of government procurement through in-depth implementation of the "Rectify Market Order, Build Legal System, Promote Industrial Development" (hereinafter referred to as "Rectify, Build, Promote") three-year action.

Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, conscientiously implement the decisions and deployments of the Party Central Committee and the State Council on accelerating the construction of a new development pattern and promoting high-level opening-up, fully, accurately, and comprehensively implement the new development concept, adhere to high-quality development, follow the requirements of the "Plan for Deepening the Reform of the Government Procurement System," maintain a problem-oriented approach, strengthen top-level design, combine with China's national conditions, align with international government procurement rules, deeply advance government procurement system reform, take "Rectify, Build, Promote" as the main line of work, focus on key points, adopt multiple measures, strive to solve prominent problems in the government procurement field within about three years, make government procurement market order more standardized, take substantial steps in government procurement system construction, and establish and improve a government procurement policy function system that promotes modern industrial development.

(1) Continue special rectification of four types of illegal and irregular behaviors

Led by the Ministry of Finance, explore establishing a work mechanism of departmental coordination, central-local linkage, and social participation, continuously carry out special rectification targeting four types of illegal and irregular behaviors prominently reflected in the government procurement field: purchasers setting discriminatory clauses, procurement agencies charging irregular fees, suppliers providing false materials, and suppliers colluding in bidding; expose typical cases to form effective deterrence.

(2) Strengthen normalized administrative law enforcement inspections

Further smooth channels for rights relief. Financial departments at all levels shall proactively disclose complaint acceptance phone numbers, addresses, and complaint letter templates to ensure "all complaints are responded to." For complaints involving joint illegal acts by purchasers and procurement agencies, implement "dual investigation for one case." Carry out the construction of the second batch of government procurement administrative adjudication demonstration sites, providing examples in business norms, risk prevention and control, handling standards, and team building, and promote dispute resolution below the provincial level to be centralized at the provincial level.

(3) Innovate supervision methods and improve work efficiency

1. Upgrade and renovate the central government procurement electronic platform. Improve information release and query functions, enhance the completeness and accuracy of government procurement information release, and increase government procurement transparency. Gradually realize "one registration nationwide" for suppliers and procurement agencies, breaking local protectionism and implicit barriers. Use big data analysis, behavior early warning, and other means to dynamically monitor key government procurement links such as supplier bidding and project evaluation, promote smart supervision, and improve supervision effectiveness.

2. Establish and improve the credit management mechanism. Improve the collection and release mechanism of credit records for serious illegal and dishonest acts by suppliers, procurement agencies, and evaluation experts. Financial departments above the provincial level shall promptly upload complete and accurate dishonesty information to the China Government Procurement Network, which shares data in real time with the National Enterprise Credit Information Publicity System and the "Credit China" website, facilitating purchasers' related qualification reviews. Study the feasibility of establishing a credit restoration mechanism after correction of related dishonesty. Improve the evaluation index system for procurement agencies to guide purchasers to select procurement agencies optimally. Study and improve restrictive measures against major contract breaches by suppliers to urge honest contract performance.

3. Strengthen coordinated supervision of government procurement. The financial departments shall cooperate with market supervision departments to verify suppliers providing false certification documents and test reports, Cooperate with public security departments to strictly investigate collusive bidding behaviors found in government procurement tenders, and coordinate with discipline inspection and supervision departments on clue transfers and case handling, strictly investigating corruption and misconduct in government procurement.

(1) Legal Construction

Conscientiously implement the "Plan for Deepening the Reform of the Government Procurement System," and in accordance with the requirements for establishing a modern government procurement system, benchmark against international rules such as the World Trade Organization's Government Procurement Agreement (GPA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), further improve government procurement laws and regulations. Actively promote amendments to the Government Procurement Law and timely revise implementation regulations in line with the amendment process. Promote coordination and unification of the Government Procurement Law and the Bidding Law to enhance the systematicness, integrity, and coordination of the government procurement legal system, supporting the construction of a unified national market.

(2) System Construction

Study and improve departmental regulations on goods and services bidding, non-bidding procurement, information release, and complaint handling; study elevating demand management and cooperative innovation procurement systems to departmental regulations; gradually build a government procurement system covering demand management, information disclosure, procurement methods, contract performance, and relief mechanisms that is complete, standardized, and efficient. Strengthen the main responsibility of purchasers, focus on project performance, and manage the entire procurement chain to promote internal control and implement the principle of matching rights and responsibilities, achieving "who procures, who is responsible." Improve procurement transaction mechanisms by reasonably selecting procurement methods and evaluation methods according to procurement needs, fully implementing the principle of fair competition, and establishing a transaction system that meets diversified purchaser needs and encourages innovation. Strengthen the policy function of government procurement, increase support for technological innovation, green development, and small and medium-sized enterprises. Improve support measures such as reserved quotas, evaluation preferences, and demand standard releases.

(3) Standard Construction

1. Establish a domestic product standard system for government procurement. Formulate domestic product standards for government procurement, gradually develop a domestic product standard system, and ensure that products produced by enterprises of different ownership types within China can equally participate in government procurement activities.

2. Categorize and formulate government procurement demand standards. Develop demand standards for general goods and services in the government centralized procurement catalog, gradually expand the coverage of demand standards, and provide guidance for purchasers to comprehensively, completely, and accurately describe procurement needs. Revise the procurement demand standards for product packaging to guide society-wide use of green packaging. Research and formulate green procurement demand standards for municipal infrastructure, electronic and electrical products, new energy vehicles, and other products; carry out pilot projects supporting green highway development through government procurement; timely incorporate carbon footprint management requirements into government procurement demand standards to expand the scope of government green procurement. Research and formulate government procurement demand standards for innovative products after commercialization to lead the innovative development of related industries.

3. Categorize and formulate government procurement standard documents. Develop standard documents for government procurement bidding of goods, projects, and services, as well as standard government procurement contracts, to improve the normativity and convenience for business entities participating in government procurement activities.