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Reply to the "Recommendation No. 2938 of the First Session of the Thirteenth National People's Congress" (excerpt)

来源: 中国政府采购网打印March 28, 2019 10:49 Source: China Government Procurement Network [ Print ]

At present, the phenomenon of low-price vicious competition in the government procurement bidding market is mainly due to the inability of the relevant system design to meet the requirements of economic and social development. At the same time, the vicious phenomenon of low prices also lies in the unreasonable demand setting of purchasers, inadequate performance acceptance, and the lack of integrity of suppliers, and failure to perform in good faith according to the commitments of bidding documents and purchase contracts. In recent years, the Ministry of Finance and the Development and Reform Commission have continued to improve the government procurement and bidding system in accordance with the division of responsibilities. They have focused on improving the quality of bidding and procurement and achieving the "value for money" procurement goals. They have mainly carried out the following tasks:

The first is to improve the system and methods to curb vicious competition of low prices. In response to the vicious competition of low prices in the tendering of goods and services, the Ministry of Finance has revised and improved the "Administrative Measures for Tendering and Bidding of Government Procurement of Goods and Services" (Ministry of Finance Order No. 87), which stipulates the scope of application of the minimum bid evaluation method. That is, goods and services items with uniform technical and service standards; if it is clear that the bidder's quotation is significantly lower than that of other bidders, which may affect the quality of the product or fail to perform in good faith, and that the quotation cannot be justified, the bid evaluation committee shall Treated as an invalid bid. Aiming at the problem of low-price vicious competition in project bidding activities, the Development and Reform Commission is leading the revision of the Tendering and Bidding Law, strictly limiting the scope of application of the evaluated minimum bidding method, and emphasizing that the evaluated minimum bidding method is applicable to general-purpose projects. Technology, performance standards or bidders who have no special requirements for their technology and performance; meanwhile, request the bid evaluation committee to verify the suspected below-cost bidding situation, strengthen the supervision of contract performance after bidding, and strengthen the credit system in the bidding and bidding field In terms of construction, etc., the method of curbing the evaluated minimum bid price was abused and misused in practice.

The second is to strengthen the management of demand and performance acceptance, and strive to improve the quality of procurement. The Ministry of Finance issued the Guidance Opinions of the Ministry of Finance on Further Strengthening the Management of Government Procurement Demand and Performance Acceptance (Cai Ku [2016] No. 205), clarifying that the purchaser is the first person responsible for demand and performance acceptance, and requires the formulation of procurement requirements The relevant national standards, industry standards, local standards and other standard specifications must be strictly implemented. During performance acceptance, the performance of each technology, service, and safety standard should be confirmed in accordance with the purchase contract, and requirements and performance acceptance management should be embedded in this document. The unit's internal control process focuses on improving procurement quality.

The third is to strengthen the construction of the integrity system and force suppliers to perform in good faith. The Ministry of Finance formulated and issued the “Notice on Relevant Issues Concerning Enquiry and Use of Credit Records in Government Procurement Activities” (Cai Ku [2016] No. 125), requiring the inquiry and use of the credit records of relevant entities in government procurement activities. Create a column on the Chinese Government Procurement Network to publish a record of suppliers' serious breach of trust and share relevant information with the "Credit China" website. At the same time, a joint disciplinary memorandum of understanding was signed with multiple departments for joint disciplinary action in accordance with the law, and parties involved in illegal and dishonest acts in various fields, including serious quality illegal and dishonest acts, were restricted from participating in government procurement activities in accordance with the law.

In the next step, the Ministry of Finance is studying to deepen the reform of the government procurement system, further improve the design of the government procurement system, and strive to solve the problems of low-price vicious competition in government procurement activities. The preliminary consideration is to take the following measures:

First, continue to promote the orientation of government procurement results, improve the procurement requirements management and performance acceptance system, strengthen the purchaser's responsibility for establishing procurement requirements and performance acceptance management, improve relevant internal controls, improve professionalism, and guide purchasers to purchase quality products.

The second is to explore the establishment of a user evaluation mechanism, rely on the information system, and explore the user evaluation of suppliers, using the supplier's credit information and evaluation results as an important basis for subsequent purchases.

The third is to study and modify relevant systems and methods, adjust the low-priority trading rules, study the cancellation of the lowest price winning bidding rule, and the cancellation of the price weighting rules in the comprehensive scoring method. At the same time, places where conditions permit are encouraged to carry out relevant exploration and practice to accumulate experience for reform.

Fourth, continue to strengthen the construction of the integrity system, promote the introduction of joint disciplinary memoranda for serious violations of government procurement in the field of government procurement, carry out joint disciplinary actions against relevant untrustworthy subjects, and maintain a market environment for fair competition in government procurement. At the same time, cooperate with relevant departments to carry out joint punishment on quality and integrity. Restrict parties involved in serious quality dishonesty activities to participate in government procurement activities in accordance with the law, forcing suppliers to perform in good faith.