What is the classification of software as a commodity or service in government procurement?

Software belongs to the service category.

Regulations on the Implementation of People's Republic of China (PRC) Government Procurement Law

Article 4 The goods mentioned in Article 2 of the Government Procurement Law refer to various forms and types of goods, including tangible goods and intangible goods. Intellectual property rights such as trademark exclusive right, copyright and patent right are regarded as commodities.

The term "project" as mentioned in Article 2 of the Government Procurement Law refers to the construction of buildings and structures, including new construction, reconstruction, expansion, decoration, demolition and repair, as well as survey, design, construction and supervision related to construction projects.

The services mentioned in Article 2 of the Government Procurement Law refer to government procurement objects other than goods and projects, including various professional services, information network development services, financial and insurance services, transportation services, maintenance services, etc.

Measures for the administration of bidding for government procurement of goods and services

Article 53 bid evaluation methods are divided into the lowest bid evaluation method and the comprehensive evaluation method.

Article 54 The lowest bid evaluation method refers to the bid evaluation method in which the bid documents meet all substantive requirements of the tender documents and the bidder with the lowest bid price is the candidate for winning the bid.

Goods and services with uniform standards such as technology and services shall adopt the lowest bid evaluation method.

When the lowest bid evaluation method is adopted, the bidder's bid price shall not be adjusted except for arithmetic correction and price deduction required to implement the government procurement policy.

Extended data:

The procurement subjects in government procurement activities include state organs, institutions and organizations at all levels. State organs refer to organs at all levels that enjoy the administrative power entrusted by the state according to law, have independent legal personality and use the state budget as funds for independent activities.

Institutions refer to social service organizations organized by state organs or other organizations with the purpose of social welfare and engaged in education, science and technology, culture, health and other activities; Group organization refers to a non-profit social organization formed voluntarily by China citizens in order to achieve the consent of their members and to carry out activities in accordance with their articles of association.

If the purchaser uses all or part of the financial funds for procurement, it belongs to the scope of government procurement management. Financial funds include budgetary funds, extra-budgetary funds and government funds. Loans repaid with fiscal funds shall be regarded as fiscal funds.

Reference source; Baidu encyclopedia-government procurement