Notice of the General Office of the State Council on Establishing a System for Government Compulsory Purchasing of Energy-Saving Products
(Guo Ban Fa [2007] No. 51) [1]
The people's governments of the autonomous regions and municipalities directly under the Central Government, the ministries and commissions of the State Council, and their respective agencies:
The "Decision of the State Council on Strengthening Energy Conservation Work" (Guo Fa [2006] No. 28) and the "Notice of the State Council on Printing and Distributing the Comprehensive Work Plan for Energy Conservation and Emission Reduction" (Guo Fa [2007] No. 15) proposes to effectively strengthen the energy conservation of government agencies. Work, play the policy guiding role of government procurement, establish a government compulsory procurement of energy-saving products system, and actively promote the government agencies to preferentially purchase energy-saving (including water-saving) products, select some products with significant energy-saving effects and relatively mature performance, and force them purchase. With the consent of the State Council, the relevant issues are hereby notified as follows:
First, fully understand the importance of establishing a system of compulsory procurement of energy-saving products by the government
In recent years, state organs, institutions and organizations at all levels (hereinafter collectively referred to as government agencies) actively purchase and use energy-saving products in government procurement activities, which has greatly reduced energy consumption levels and played a good role in forming energy-saving trends in the whole society. Guiding role. At the same time, we must also see that due to insufficient understanding, inadequate measures, and insufficient work, in some regions and departments, the proportion of government agencies purchasing energy-saving products is still relatively low. At present, the per capita energy consumption of government agencies and the energy consumption per unit of buildings are higher than the average level of the society. The potential for energy conservation is large. It is responsible and obligated to purchase energy-saving products in strict accordance with the regulations and to do a good job in energy conservation. Establishing a sound and strict implementation of the government's compulsory procurement of energy-saving products system is a powerful measure to implement the "Government Procurement Law of the People's Republic of China" and the State Council's efforts to strengthen energy conservation and emission reduction work, which not only helps to reduce the energy consumption level of government agencies, but also saves financial funds. It is conducive to promoting the work of energy saving and emission reduction in the whole society. In the short term, the use of energy-saving products may increase one-time investment, but from the long-term energy-saving effect, the economic benefits are obvious. All regions, departments and relevant units must fully understand the importance of the government's compulsory procurement of energy-saving products, enhance the consciousness of the implementation system, and take measures to promote the government's procurement of energy-saving products.
Second, clarify the general requirements of the government for compulsory procurement of energy-saving products
When government agencies at all levels use fiscal funds for government procurement activities, they must prioritize the procurement of energy-saving products on the premise that the technical and service indicators meet the procurement requirements, and implement mandatory procurement for some products that meet the requirements for energy-saving effects and performance. Promote energy conservation, protect the environment, and reduce energy costs for government agencies. Establish a government procurement list management system for energy-saving products, clarify the energy-saving products that the government preferentially purchases, and the types of energy-saving products that the government compulsory procurement, and guide government agencies to purchase energy-saving products.
The procurement unit shall specify the energy-saving requirements for the products, the preferential margins for the energy-saving products, and the evaluation criteria and methods in the government procurement bidding documents (including negotiation documents and inquiry documents) to reflect the priority procurement. If the product to be purchased belongs to the government procurement list of energy-saving products and must be compulsory, it shall be clearly stated in the bidding documents and fully reflected in the evaluation criteria. At the same time, the procurement bidding documents may not specify specific energy-saving products or suppliers, and may not contain content that favors or excludes potential suppliers in order to achieve full competition and preferential procurement.
Third, scientifically develop a list of government procurement of energy-saving products
The government procurement list for energy-saving products is formulated by the Ministry of Finance and the Development and Reform Commission. The products listed in the government procurement list of energy-saving products are determined by the Ministry of Finance and the National Development and Reform Commission from the energy-saving products certified by the national energy-saving product certification institutions, based on factors such as energy-saving performance, technical level and market maturity, and are determined by the Chinese government. The procurement network, the Development and Reform Commission portal, the China Energy Conservation and Water Conservation Certification Network and other media regularly announced to the public.
The preferentially procured energy-saving products should meet the following conditions: First, the products belong to the energy-saving products certified by the national energy-saving product certification organization, and the energy-saving effect is obvious; second, the production volume is large, the technology is mature, and the quality is reliable; the third is that the products are relatively sound. The supply system and good after-sales service capability; Fourth, the product supplier meets the requirements of the government procurement law for government procurement suppliers.
Among the energy-saving products that are preferentially procured, the implementation of compulsory procurement is determined according to the following principles: First, the products are versatile, suitable for centralized procurement, and have good scale benefits; second, the products have outstanding energy-saving effects and significant benefits; third, product supply The number of businesses is sufficient, generally not less than five, to ensure that the products are fully competitive, and the purchaser has a larger choice.
The Ministry of Finance and the Development and Reform Commission shall, in light of the above requirements, on the basis of the priority procurement of energy-saving products in recent years, promptly revise and announce the new government procurement list of energy-saving products, and organize the procurement of energy-saving products.
4. Regulating the management of government procurement lists for energy-saving products
The government procurement list of energy-saving products is an important basis for the implementation of government priority procurement and compulsory procurement. The Ministry of Finance and the National Development and Reform Commission should establish and improve the mechanism for formulation, publication and adjustment, so that the system is complete, the scope is clear, the operation is standardized, and the method is scientific, ensuring government procurement. Energy-saving products are open, fair and fair. It is necessary to implement dynamic management of the government procurement list of energy-saving products and adjust them regularly. Establish and improve the expert consultation and argumentation and social publicity system. Before the procurement list and adjustment plan are officially announced, they must be publicized on the designated media in the Chinese government procurement network, and the publicity time is not less than 15 working days. Products that are not qualified under the publicity are not included in the purchase list. Establish a reporting system, a reward and punishment system, clarify reporting methods, accepting institutions and rewards and punishments, and accept social supervision.
V. Strengthen organizational leadership and supervision and inspection
All relevant departments should divide their work according to their responsibilities, clarify their responsibilities and tasks, and ensure the implementation of the government's compulsory procurement of energy-saving products. The Ministry of Finance and the Development and Reform Commission should strengthen communication and consultation with relevant departments and jointly study and solve problems in policy implementation. It is necessary to improve the government procurement information release and data statistics of energy-saving products, and keep abreast of the progress of procurement work. It is necessary to strengthen the guidance on government procurement of energy-saving products, actively carry out investigations and studies, listen to opinions from multiple parties, discover problems in time, and propose countermeasures. It is necessary to supervise the establishment of a sound quality assurance system for production enterprises that have priority in purchasing and compulsory procurement of products, and conscientiously implement the relevant national product quality, standards, inspection and other requirements to ensure that energy-saving performance and quality continue to be stable. The General Administration of Quality Supervision, Inspection and Quarantine shall strengthen the supervision of energy-saving product certification bodies, urge them to perform their duties conscientiously, and improve the quality and level of certification. The national energy-saving product certification institutions and relevant testing institutions shall carry out the certification and testing work in an objective and impartial manner in strict accordance with relevant state regulations, and conduct effective follow-up investigations on energy-saving products that are included in the government's priority procurement and mandatory procurement lists. For those who cannot continue to meet the certification requirements, the certification body shall suspend the use of the production enterprise until the certification is revoked, and report to the Ministry of Finance and the Development and Reform Commission in a timely manner.
The financial departments at all levels must earnestly strengthen supervision and inspection of government procurement of energy-saving products and increase penalties for illegal procurement activities. For units that fail to purchase energy-saving products according to the mandatory procurement regulations, the financial department shall promptly take effective measures to order corrections. Those who refuse to make corrections are the responsibility of the purchasing unit. The financial department shall give notice of criticism and shall not disburse the procurement funds; if it is the responsibility of the government procurement agency, the financial department shall investigate the responsibility of the relevant units and responsible personnel according to law.
General Office of the State Council July 30, 2007
1
(Guo Ban Fa [2007] No. 51) [1]
The people's governments of the autonomous regions and municipalities directly under the Central Government, the ministries and commissions of the State Council, and their respective agencies:
The "Decision of the State Council on Strengthening Energy Conservation Work" (Guo Fa [2006] No. 28) and the "Notice of the State Council on Printing and Distributing the Comprehensive Work Plan for Energy Conservation and Emission Reduction" (Guo Fa [2007] No. 15) proposes to effectively strengthen the energy conservation of government agencies. Work, play the policy guiding role of government procurement, establish a government compulsory procurement of energy-saving products system, and actively promote the government agencies to preferentially purchase energy-saving (including water-saving) products, select some products with significant energy-saving effects and relatively mature performance, and force them purchase. With the consent of the State Council, the relevant issues are hereby notified as follows:
First, fully understand the importance of establishing a system of compulsory procurement of energy-saving products by the government
In recent years, state organs, institutions and organizations at all levels (hereinafter collectively referred to as government agencies) actively purchase and use energy-saving products in government procurement activities, which has greatly reduced energy consumption levels and played a good role in forming energy-saving trends in the whole society. Guiding role. At the same time, we must also see that due to insufficient understanding, inadequate measures, and insufficient work, in some regions and departments, the proportion of government agencies purchasing energy-saving products is still relatively low. At present, the per capita energy consumption of government agencies and the energy consumption per unit of buildings are higher than the average level of the society. The potential for energy conservation is large. It is responsible and obligated to purchase energy-saving products in strict accordance with the regulations and to do a good job in energy conservation. Establishing a sound and strict implementation of the government's compulsory procurement of energy-saving products system is a powerful measure to implement the "Government Procurement Law of the People's Republic of China" and the State Council's efforts to strengthen energy conservation and emission reduction work, which not only helps to reduce the energy consumption level of government agencies, but also saves financial funds. It is conducive to promoting the work of energy saving and emission reduction in the whole society. In the short term, the use of energy-saving products may increase one-time investment, but from the long-term energy-saving effect, the economic benefits are obvious. All regions, departments and relevant units must fully understand the importance of the government's compulsory procurement of energy-saving products, enhance the consciousness of the implementation system, and take measures to promote the government's procurement of energy-saving products.
Second, clarify the general requirements of the government for compulsory procurement of energy-saving products
When government agencies at all levels use fiscal funds for government procurement activities, they must prioritize the procurement of energy-saving products on the premise that the technical and service indicators meet the procurement requirements, and implement mandatory procurement for some products that meet the requirements for energy-saving effects and performance. Promote energy conservation, protect the environment, and reduce energy costs for government agencies. Establish a government procurement list management system for energy-saving products, clarify the energy-saving products that the government preferentially purchases, and the types of energy-saving products that the government compulsory procurement, and guide government agencies to purchase energy-saving products.
The procurement unit shall specify the energy-saving requirements for the products, the preferential margins for the energy-saving products, and the evaluation criteria and methods in the government procurement bidding documents (including negotiation documents and inquiry documents) to reflect the priority procurement. If the product to be purchased belongs to the government procurement list of energy-saving products and must be compulsory, it shall be clearly stated in the bidding documents and fully reflected in the evaluation criteria. At the same time, the procurement bidding documents may not specify specific energy-saving products or suppliers, and may not contain content that favors or excludes potential suppliers in order to achieve full competition and preferential procurement.
Third, scientifically develop a list of government procurement of energy-saving products
The government procurement list for energy-saving products is formulated by the Ministry of Finance and the Development and Reform Commission. The products listed in the government procurement list of energy-saving products are determined by the Ministry of Finance and the National Development and Reform Commission from the energy-saving products certified by the national energy-saving product certification institutions, based on factors such as energy-saving performance, technical level and market maturity, and are determined by the Chinese government. The procurement network, the Development and Reform Commission portal, the China Energy Conservation and Water Conservation Certification Network and other media regularly announced to the public.
The preferentially procured energy-saving products should meet the following conditions: First, the products belong to the energy-saving products certified by the national energy-saving product certification organization, and the energy-saving effect is obvious; second, the production volume is large, the technology is mature, and the quality is reliable; the third is that the products are relatively sound. The supply system and good after-sales service capability; Fourth, the product supplier meets the requirements of the government procurement law for government procurement suppliers.
Among the energy-saving products that are preferentially procured, the implementation of compulsory procurement is determined according to the following principles: First, the products are versatile, suitable for centralized procurement, and have good scale benefits; second, the products have outstanding energy-saving effects and significant benefits; third, product supply The number of businesses is sufficient, generally not less than five, to ensure that the products are fully competitive, and the purchaser has a larger choice.
The Ministry of Finance and the Development and Reform Commission shall, in light of the above requirements, on the basis of the priority procurement of energy-saving products in recent years, promptly revise and announce the new government procurement list of energy-saving products, and organize the procurement of energy-saving products.
4. Regulating the management of government procurement lists for energy-saving products
The government procurement list of energy-saving products is an important basis for the implementation of government priority procurement and compulsory procurement. The Ministry of Finance and the National Development and Reform Commission should establish and improve the mechanism for formulation, publication and adjustment, so that the system is complete, the scope is clear, the operation is standardized, and the method is scientific, ensuring government procurement. Energy-saving products are open, fair and fair. It is necessary to implement dynamic management of the government procurement list of energy-saving products and adjust them regularly. Establish and improve the expert consultation and argumentation and social publicity system. Before the procurement list and adjustment plan are officially announced, they must be publicized on the designated media in the Chinese government procurement network, and the publicity time is not less than 15 working days. Products that are not qualified under the publicity are not included in the purchase list. Establish a reporting system, a reward and punishment system, clarify reporting methods, accepting institutions and rewards and punishments, and accept social supervision.
V. Strengthen organizational leadership and supervision and inspection
All relevant departments should divide their work according to their responsibilities, clarify their responsibilities and tasks, and ensure the implementation of the government's compulsory procurement of energy-saving products. The Ministry of Finance and the Development and Reform Commission should strengthen communication and consultation with relevant departments and jointly study and solve problems in policy implementation. It is necessary to improve the government procurement information release and data statistics of energy-saving products, and keep abreast of the progress of procurement work. It is necessary to strengthen the guidance on government procurement of energy-saving products, actively carry out investigations and studies, listen to opinions from multiple parties, discover problems in time, and propose countermeasures. It is necessary to supervise the establishment of a sound quality assurance system for production enterprises that have priority in purchasing and compulsory procurement of products, and conscientiously implement the relevant national product quality, standards, inspection and other requirements to ensure that energy-saving performance and quality continue to be stable. The General Administration of Quality Supervision, Inspection and Quarantine shall strengthen the supervision of energy-saving product certification bodies, urge them to perform their duties conscientiously, and improve the quality and level of certification. The national energy-saving product certification institutions and relevant testing institutions shall carry out the certification and testing work in an objective and impartial manner in strict accordance with relevant state regulations, and conduct effective follow-up investigations on energy-saving products that are included in the government's priority procurement and mandatory procurement lists. For those who cannot continue to meet the certification requirements, the certification body shall suspend the use of the production enterprise until the certification is revoked, and report to the Ministry of Finance and the Development and Reform Commission in a timely manner.
The financial departments at all levels must earnestly strengthen supervision and inspection of government procurement of energy-saving products and increase penalties for illegal procurement activities. For units that fail to purchase energy-saving products according to the mandatory procurement regulations, the financial department shall promptly take effective measures to order corrections. Those who refuse to make corrections are the responsibility of the purchasing unit. The financial department shall give notice of criticism and shall not disburse the procurement funds; if it is the responsibility of the government procurement agency, the financial department shall investigate the responsibility of the relevant units and responsible personnel according to law.
General Office of the State Council July 30, 2007
1
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