Xu Zhou, deputy director of the Government Procurement Management Office of the Shanghai Municipal Finance Bureau, said in the article "Authoritative Interpretation of the Framework Agreement on Government Procurement" that the 1 10 order focused on the first stage competition of the framework agreement procurement; It purchases from non-shortlisted suppliers and promotes the "genuine" of framework agreement procurement on the basis of "genuine"; It requires that the response supplier must be the manufacturer or have the sole authorization of the manufacturer.
Lu Han, a staff member of the central government procurement center, analyzed the "actual combat" significance of framework agreement procurement from the perspective of small-scale sporadic procurement practice. She believes that the promulgation of the order 1 10 will put an end to the current chaos of small-scale sporadic procurement and unify the shortlisting methods and bidding procedures. For example, Article 6 of Order 1 10 clearly stipulates that "there should be a clear procurement target and pricing mechanism, and qualified suppliers should not be shortlisted", which means that fixed-point procurement with only clear scope of supply is no longer compliant.
A few months after the implementation of the 1 10 order, this newspaper also opened a column "Looking at the procurement of framework agreements from the cloud", which helped the 1 10 order to land better and correct the deviation in time by sorting out and reporting the specific projects of "testing the water" in various places.
Huge fine
The industry has been debating how much the "large fine" is, but at the beginning of this year, the long-standing problems in practice were finally solved. The Opinions of the Ministry of Finance on the Specific Application of the First Paragraph of Article 19 of the Regulations for the Implementation of the Government Procurement Law of People's Republic of China (PRC) (hereinafter referred to as the Opinions) clearly states that the first paragraph of Article 19 of the Regulations for the Implementation of the Government Procurement Law is deemed to be a fine of more than 2 million yuan, and laws, administrative regulations and relevant departments of the State Council have clearly stipulated the "large amount of fines" in related fields. Once published, the opinions won applause.
In fact, the problem of "large fines" in the field of government procurement has a long history. The judgment of "a large amount of fines" has always been determined according to the hearing standards. However, due to the different hearing standards in different places, the question of "whether to apply the hearing standards in the place where the original act took place or the hearing standards in the place where the current law is implemented" arises.
In view of the practical disadvantages, the Opinions decoupled the determination of "large fines" from the hearing standards, solved the problems of different standards and the determination of major illegal records of small fines under the original linking system, safeguarded the spirit of the rule of law from the system, optimized the business environment, and reflected the responsibility and actions of the Ministry of Finance as the highest level government procurement supervision department. It can be said that the governance system is a small step and the business environment is a big step!
Stable economy
This year, China's economy is facing a "big test" due to unexpected factors such as the century epidemic and changes in the international situation. In order to stabilize the economic market, the state issued a package of policies, and the Ministry of Finance immediately responded by issuing the Notice on Further Strengthening Government Procurement to Support SMEs, which sent confidence to SMEs. In this context, this newspaper launched the column "Stabilizing the economy, political measures in action", which played a correct guiding role in "stabilizing expectations".
In this regard, Zhang Xudong, director of the Legal Department of Zhejiang Provincial Department of Finance, once cited an example. On March 20th, 2020, an electronic procurement project of Shaoxing Medical Insurance Bureau of Zhejiang Province was launched online, and five suppliers participated in online bidding. Finally, an enterprise in Wuhan won the bid. At that time, Wuhan was still in the period of city closure. If the traditional offline procurement is implemented, such a winning bid result will basically not appear.
"In the current complicated and severe economic situation, a government purchase order may directly determine the life and death of an enterprise and indirectly affect dozens or even hundreds of families." Zhang Xudong said.
The exertion of this policy function has profound internal logic. Wang Conghu, a special researcher at the National Institute of Development and Strategy of Renmin University of China, explained that government procurement is first and foremost an economic activity, and its basic function is mainly reflected in the role of macro-control. This can be manifested as: by adjusting the economic aggregate, promoting the optimization and upgrading of industrial structure, promoting the development of small and medium-sized enterprises, and better redistributing society, thus stabilizing economic development.
In addition, the newspaper also sorted out the practical problems of various small and medium-sized enterprises participating in government procurement activities, invited practical big coffee to answer them, and helped small and medium-sized enterprises get through the "last mile" on the road to solving worries.
Unify the big market
In recent years, documents with the theme of optimizing the business environment have been issued one after another, and the Opinions of the Central Committee of the State Council on Accelerating the Construction of a National Unified Market released in March this year is even more marked with the word "heavy". The opinion emphasizes that it is necessary to continuously clean up the regulations and practices that violate the unified market construction in the field of bidding and procurement. In this regard, this newspaper launched the column "New Theory on Old Cases: Building a Unified Big Market", which received a good response in the industry.
Through the "negative teaching material" in practice, we have seen the obvious effect of the government procurement supervision system. First, the rights awareness of all participants in government procurement, especially potential bidders, has been continuously enhanced. In the face of unreasonable restrictions or discriminatory treatment formulated by purchasers or procurement agencies, suppliers can claim their rights and seek relief by questioning complaints, administrative reconsideration and administrative litigation. Second, the definition of illegal acts such as improper restriction of competition and intentional discrimination in government procurement is more clear. From Article 22 of the Government Procurement Law to Article 20 of the Regulations for the Implementation of the Government Procurement Law, its provisions are more comprehensive and detailed. Third, law enforcement supervision and judicial supervision are more powerful against illegal acts of improper restriction of competition and intentional discrimination in government procurement. In addition to accepting complaints, in recent years, the financial department has often initiated supervision and inspection procedures to actively investigate and deal with possible violations.
On the other hand, we also realize that the reform of government procurement system has a long way to go in combating unfair competition. China has a vast territory, and there are still some differences in the understanding and application of government procurement laws and regulations by law enforcement and judicial organs in various provinces and cities. Such a problem needs to be solved urgently.
New catalogue
The Classified Catalogue of Government Procurement Projects (released in 2022) is another heavy document issued by the Ministry of Finance this year. This is the third revision of the classified catalogue of government procurement projects in the past 20 years. Once published, it won attention and praise.
This revision highlights a number of changes, reflecting the historical responsibility of the new catalogue "should be born with reform and change with the times".
First, it is unified into a set of coding system with the Basic Classification and Code of Fixed Assets (GB/T 14885). If there is a one-to-one correspondence between the category of goods and the classification of assets, both codes are composed of the Latin letter "A" and eight digits of the four-level code, which provides a basic guarantee for the effective connection between government procurement and asset management.
The second is to connect with the government to purchase services. All along, the industry has been calling for "unifying government procurement services and government procurement services". According to the needs of the times, this revision has adjusted and increased the original service categories according to the Guiding Catalogue of Government Procurement Services at the Central Level (hereinafter referred to as the Guiding Catalogue). At present, all the directories in the guidance directory are reflected in the existing classified directories.
The third is to adapt to the procurement of framework agreements. Since the implementation of the order 1 10 in March this year, many practitioners have indicated that they are afraid to try the procurement method of framework agreement and are not sure about many problems. In order to better help the implementation of the order 1 10, a number of items such as "C20000000 judicial expertise consulting service" have been added to the new catalogue.
The fourth is to standardize the implementation of government and social capital cooperation project procurement. According to the general idea of deepening reform and revising the government procurement law, the category of "C24000000 government and social capital cooperation service" has been added, including the category of 12.
Electronic whole process
In today's government procurement circle, electronization has long been deeply rooted in people's hearts and penetrated into every link. Over the past year, all localities have actively explored and made great strides, hoping that the whole electronic process can be started as soon as possible.
At the beginning of this year, Fujian Province started the remote negotiation mode of government procurement, and conducted government procurement activities remotely through the Internet. Relying on the remote bid opening function of Fujian provincial government procurement system, this mode realizes the remote decryption of bidding documents by suppliers, and realizes online communication and whole-process monitoring through Tencent conference software and TrafficMonitor, which effectively ensures the compliance, security and controllability of online communication and quotation between suppliers and experts in procurement activities. In June, Zibo City, Shandong Province launched a new model of decentralized bid evaluation in the whole city, supporting experts to select the nearest bid evaluation site for remote bid evaluation. On July 5th this year, the consulting project of Beijing Municipal Affairs Service Center's operation service guarantee service was opened in Beijing. The supplier representatives participating in the project don't have to rush to the trading center, but sit in their own offices for video consultation with the bid evaluation experts. ...
In fact, there is no great technical difficulty in the whole process electronization. Many system development companies can develop corresponding systems and functions, but people have doubts about legal risks, which is also one of the restrictive factors in the implementation of the whole process electronization of government procurement. The Government Procurement Law and its implementing regulations have strict requirements on the confidentiality and closeness of expert evaluation. If the experts don't conduct the assessment in the designated place, they will face legal accountability because of the lack of comprehensive and effective supervision, which also makes everyone flinch from the real remote assessment. In this regard, some insiders suggest that relevant systems should be established to clarify the requirements of experts' remote remote evaluation.
Machine code consistency
This year, the three bidding documents show that whether the machine code consistency can be regarded as a serial bid has once again fallen into the whirlpool of debate, and there has never been a "conclusion".
Some practitioners said that the crux of the problem lies in the difficulty in obtaining evidence. If the core content of the bidding documents is indeed written and provided by the suppliers themselves, and the graphic shop only processes it into a format and form that meets the requirements of the bidding documents, then it is obviously inconsistent with the facts to directly determine that the bidding documents of the three suppliers are compiled by the same company on the grounds that the machine codes are consistent. In the case that the bidding documents are compiled by different units, according to the provisions of the Measures for the Administration of Bidding for Government Procurement of Goods and Services (Order No.87 of the Ministry of Finance, hereinafter referred to as Order No.87) that the bidding documents of different bidders are compiled by the same unit or individual, it is impossible to identify that the three suppliers constitute collusion. As for whether the collusion between the three suppliers really does not exist, further investigation and evidence collection are needed. Because collusion is a serious illegal act, it must be investigated and determined by public security departments. However, the general cross-labeled cables can not meet the filing conditions, and the financial department can only investigate and deal with them according to the provisions of Order No.87 "Confirmed as collusion".
The application of electronic system in government procurement activities has led to the emergence of manufacturers who specialize in making bidding documents to help suppliers who cannot make electronic tenders. No matter how to make an electronic tender, different suppliers under the same project may invariably entrust the same tender maker or purchase the same tender making software, resulting in the phenomenon of consistent machine codes. How to prevent collusion in the bidding document production market is a new topic facing the regulatory authorities. At the same time, it is also an urgent problem for the regulatory authorities to judge whether the manufacturing machine codes are consistent and prevent innocent suppliers from lying down.
Property service evaluation
Which is better, the lowest bid evaluation method or the comprehensive evaluation method? This is still a question of "the public says that the public is right, and the woman says that the woman is right."
One party believes that Article 19 of the Measures for the Administration of Government Procurement Requirements clearly stipulates that procurement projects with objective and clear procurement requirements and unified specifications and standards, such as general equipment and property management, are generally purchased by means of bidding or inquiry, and the price is the main consideration when awarding the contract, and the fixed total price or fixed unit price is adopted. The norms and standards of property services are relatively unified, and the lowest bid evaluation method should be adopted.
On the other hand, the profit rate of the property industry is very low, many of which are less than 5%. If the property services are tendered by the lowest bid evaluation method, if the company wants to ensure the profit rate of the industry, it can only depress the salary income of the staff. At present, the service personnel in this industry are basically paid the social minimum wage, and many of them even fail to meet the minimum wage standard. At the same time, this is not only inconsistent with the objective reality that the demand for property services varies widely and the standards are difficult to unify, but also difficult to ensure the effective realization of government procurement demand, leading to vicious competition.
electronic market
Now, almost all places have their own electronic stores. However, the industry believes that the long-awaited instruction 1 10 is to help standardize electronic stores. As a result, after reading the relevant regulations, I was at a loss: are electronic stores and framework agreement procurement the same thing?
What is clear here is that e-shops and framework agreement procurement cannot be confused. Framework agreement procurement is a legal procurement method, while electronic store is an electronic trading platform, and no corresponding platform is specified for framework agreement procurement. In order not to impact the basic mechanism of framework agreement procurement, 1 10 generally does not include electronic stores in the framework agreement procurement scope.
However, this does not mean that there is no intersection between framework agreement procurement and electronic stores. If the operation mechanism of the electronic market conforms to the provisions of the 1 10 directive, for example, the electronic market established by the municipality directly under the central government for the items in the centralized procurement catalogue is both an electronic market and a framework agreement procurement category; If the operation mechanism of electronic stores does not meet the requirements of order 1 10, for example, electronic stores established in most places at present can only be electronic stores, not framework agreement procurement.
In addition, it needs to be emphasized that the establishment of electronic stores is mainly for the convenience of buyers to purchase outside the centralized procurement catalogue and below the quota. At present, in practice, some localities and departments incorporate the items in the centralized procurement catalogue into electronic stores, which actually changes the ways and procedures stipulated by the government procurement legal system through electronic stores, and should also be corrected.
Information system procurement
At the beginning of the year, the "Xi 'an One Code Connect" incident stirred up a thousand waves, and also focused the public's attention on the issue of information system procurement again.
When it comes to the procurement of government information systems, all parties can't help but frown. This kind of procurement is a very complicated project, and it often faces the following four problems.
First, the procurement demand is "unintelligible". Even people who have been engaged in information-related work for a long time may not have a special understanding of this industry, and the speed of upgrading information products is very fast. Second, compatibility has become a "difficult problem". In practice, it is often the case that the information system of the first tender of the unit will attract the attention of many enterprises and the quotation is not high. This kind of project is "locked" first, and then benefits from the subsequent function expansion and on-site service. After winning the bid, there will be many problems in the use process, and the design of functional modules is often difficult to match the business. If you want to adjust, it will cost a lot of communication. Third, the ownership of system intellectual property rights is unclear. Most of the intellectual property rights of government information systems are owned by development enterprises, and some projects are owned by both buyers and enterprises. Fourth, data security issues are worrying. Take the government procurement information system as an example, which is different from the general information reporting system. Its management objects include both the government and the market, which carries both management functions and trading functions, including statistical analysis of big data. Some companies are willing to undertake such projects at low prices, partly because they want to master these data.
In this regard, the industry generally believes that it is urgent to revise the relevant measures introduced before, and put forward suggestions for reasonable subcontracting and revision of price scores.
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