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344 new records of serious violations of political records in 2018

来源: 中国政府采购报打印09:48, February 26, 2019 Source: China Government Procurement News [ Print ]

Recently, the reporter made a statistical analysis of the information records of government procurement serious illegal and dishonesty in 2018. Last year, there were 344 illegal and dishonesty records in the "blacklist", an increase of 67 from 277 in 2017, showing a rising trend. The situation of "being hacked", the subject of punishment, the subject of law enforcement, and the punishment measures are all complicated and diversified.

"Into the dark" situation is dominated by the "oldest third"

According to statistics, "providing false materials", "collusion bidding", "refusal to sign a contract, renunciation of bid eligibility" are still the "top three" on the grounds of "into the dark." The proportion of illegal and dishonest records that provided false materials was about 55%, that of collusion bidding was 27%, and those that could not perform as required accounted for about 14%. In terms of relative numbers, the number of cases of collusion in bidding and refusal to comply with the law has increased slightly.

Putting these illegal and dishonest cases under the "microscope", the reporter found that the specific situations of providing false materials are still more common, such as giving false bank credit certificates, qualification certificates, tampering certification materials, fraudulent performance, and so on. However, in practice, the situation is much more complicated and the identification is more difficult, and the relevant staff of the financial department and agency should pay more attention. Taking Chongqing Yubei District Education Service Center's energy-saving direct drinking water equipment procurement project as an example, the bidding documents require that the bidding goods must have a sanitary license approval document related to drinking water hygiene and safety products. However, when a company participated in the bidding for this project, it provided the Yushun YS-3G series water dispenser product sanitation license in the bidding documents, and provided the technical parameters of the bidding products in the bidding business technical documents. In order to meet the technical requirements of the bidding documents, the company replaced the filter element model in the approved complete product. The replacement product cannot continue to use the original sanitary license of Yushun brand YS-3G series water dispenser products, but the The company still submitted the bid with Yushun brand YS-3G series water dispenser product sanitation license, and finally won the bid. After review, this act was to provide false materials to win the bid.

For collusion bidding, many people in the industry have stated that it is difficult to distinguish in practice, and some of the collusion bidding situations in the "blacklist" can provide some reference for the industry. For example, the legal representatives of two suppliers participating in the same project are husband and wife, and the quotation documents of the two companies are prepared by one legal representative. As another example, in the project of Beijing University's Advantage Professional Construction (Municipal Level), the social insurance of the authorized representative of Yuanyi Guoji Biotechnology (Beijing) Co., Ltd. is paid by Beijing Scientific Equipment Company, another bidder of the project. In addition, the project bid deposit is 10,940 yuan. Beijing Scientific Equipment Co., Ltd. paid 10,940 yuan to Yuanyi Guoji Biotechnology (Beijing) Co., Ltd. The summary is the bid security. Later, Yuanyi Guoji Biotechnology (Beijing) Co., Ltd. paid a bid deposit of RMB 10,940 to the agency. The successful supplier of this project is Beijing Scientific Equipment Company. After that, Yuanyi Guoji Biotechnology (Beijing) Co., Ltd. paid 10,940 yuan to Beijing Scientific Equipment Co., Ltd. The summary was a refund of the security deposit.

In addition, "bringing a bribe to the person in charge of the procurement unit in order to win the bid", "unauthorized change of the subject matter of the contract", "refusal of supervision and inspection by relevant departments", "obtaining certification materials by illegal means and making a complaint", "improper means to vilify and exclude other suppliers" "When the comprehensive scoring method is adopted, the scores in the evaluation criteria do not correspond to the quantitative indicators of the evaluation factors" "Different treatment of suppliers on unreasonable conditions" "Failure to release the winning bids, closing announcements" and other illegal and untrustworthy situations also Recorded, and these "into the dark" reasons have rarely appeared before.

In response, Pei Yu, deputy president of Nanjing Audit University, said that the "People's Republic of China's Government Procurement Law" has been implemented for 16 years. With the increase in the scale of procurement, diversified procurement forms, coupled with the driving of benefits, various types of illegal and dishonest behavior The number is increasing and the forms are becoming diverse. The reasons behind these phenomena can be summarized into three categories: one is that the rules and regulations are not perfect, and the cost of breach is low, which allows procurement participants to have opportunities; the second is the era of big data, which greatly improves the accuracy of data classification and statistics. Statistics on various types of government procurement-related violations and trustworthiness are more accurate. Third, China's credit system has been built to a higher level, and monitoring of illegal government procurement has been improved.

"Multilateral subject" entered the ranks of illegal

Illegal subjects come from "eight wastes and four seas", and multi-level law enforcement subjects "show their magical powers."

According to the list of illegal and dishonest records in 2018, the "black" subjects are more diversified and are no longer limited to bidding companies and social bidding agencies for profit. The "blacklist" also appeared in "Chengdu Jinfeng Fruit and Vegetable Professional Cooperative", "Beilin District, Suihua City, Welcome Spring Office Equipment Distribution Station", "Lichuan County Emergency Grain and Oil Security Distribution Center", "Jixi Huangshan Aluminum Business Department", "Kaixian County" Keliang Instrument Operation Department, "Cuiyan Office Supplies Operation Department of Liubei District, Liuzhou City", "Shenzhen Zhengyi Certified Public Accountants (Special General Partnership)" and other names.

In response to this phenomenon, some experts pointed out that on the one hand, the scope of suppliers participating in government procurement is wider, but on the other hand, it also shows the inevitable result of interest-driven, although the form of interest-driven by different subjects may be different.

In addition, law enforcement subjects also present a multi-level linkage scenario. Except for the provinces, autonomous regions, municipalities, financial bureaus, financial bureaus, and municipal and county-level financial bureaus, which punished the subjects of violations of the law and dishonesty, there were 19 cases of punishment by the Ministry of Finance, which was only 5 last year, an increase of 14 from last year. Each.

Pei Yu told reporters that there is a clause in the "Memorandum of Cooperation on Joint Disciplinary Actions against Faithful Enforced Persons" (hereinafter referred to as "Memorandum"), which specifically states: "Assist in querying government procurement project information; restrict participation in government procurement activities in accordance with law. Assist inquiring the government Purchasing project information; legally restricting dishonest performers as suppliers to participate in government procurement activities. Implemented by the Ministry of Finance. "According to statistics, as of the end of June 2018, certain progress has been made in the social credit joint reward and punishment mechanism, one of which is reflected in the joint Disciplinary effect. In the area of court enforcement, as of the end of May 2018, 6,936 households were restricted from participating in government procurement. Facing the increase in the scale and structure of illegal and untrustworthiness in the field of government procurement, in addition to increasing system construction, it is more important to increase system punishment. The joint actions of fiscal departments at all levels in 2018 are in accordance with system requirements. The manifestation of collaborative execution, on the other hand, is also the result of specific implementation in accordance with the 2016 Memorandum requirements, which is a good phenomenon.

Punishment measures "combined punches"

The reporter noticed that law enforcement units can handle matters in accordance with the law and deal with them reasonably. According to laws and regulations such as the "People's Republic of China Government Procurement Law", "Implementation Regulations of the People's Republic of China Government Procurement Law", "Administrative Measures for Non-tendering Procurement of Government Procurement", "Administrative Measures for Tendering and Bidding of Government Procurement Goods and Services" Units that comply with the law have dealt with it accordingly. In addition to the usual measures of "inclusion in the list of bad behavior records", "prohibition in participating in government procurement", and "fines", there are also penalties such as "warnings". Especially for the agency, for example, Hunan Provincial Department of Finance made a punishment decision of Gongcheng Management Consulting Co., Ltd., “giving warning punishment, prohibiting agency procurement for one year”; Engineering Technology Co., Ltd. imposed a penalty of "a fine of 15,000 yuan and forbidding agency procurement within one year".

Some voices believe that in the age of networking, the situation of "good people" is being aggravated. Therefore, it is still necessary to strengthen the construction and implementation of the government procurement system, increase the crackdown, and make untrustworthy people unprofitable and non-profitable.