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Optimizing the business environment for government procurement requires "real efforts"

来源: 中国政府采购报打印09:28, December 27, 2019 Source: China Government Procurement News [ Print ]

■ Hou Yongzheng

“营造各种所有制主体依法平等使用资源要素、公开公平公正参与竞争、同等受到法律保护的市场环境”。 The Fourth Plenary Session of the 19th CPC Central Committee emphasized the need to "create a market environment in which entities of various ownerships use resources in an equal and lawful manner, participate openly, fairly and fairly in competition, and are equally protected by law." 号)也将于 2020 1 1 日起施行。 The Regulations on Optimizing the Business Environment (Order No. 722 of the State Council ) will also be implemented from January 1 , 2020 . As a government procurement that allocates resources in accordance with the market-oriented principle, it is necessary to further deepen the "decentralization and management service" reform in combination with the reality of Guizhou, vigorously improve quality and efficiency, continue to optimize the business environment for government procurement, and fully stimulate the vitality and creativity of market players. The improvement of the overall business environment in our province has played a positive role in demonstration.

Creating an Open and Transparent Sunshine Purchasing Environment

Openness and transparency are the lifeline of government procurement. The business environment of a place depends on whether the government and the market dare to be open and transparent. 101 号)等法律法规制度规定,在格式规范统一上下工夫。 Therefore, it is necessary to establish an open and transparent modern governance concept, and focus on the implementation of laws and regulations such as the "Administrative Measures for the Issuance of Government Procurement Information" (Ministry of Finance Order No. 101 ), and work to unify the format and standardization. In addition to state secrets and business secrets, market entities must be provided with information on all legal systems, procurement requirements, procurement opportunities, procurement contracts, and relief mechanisms for government procurement that are publicly disclosed, and the business opportunities in them should be given to all potential supplies openly and transparently To ensure that the entire process information such as plans, processes, results, contracts, and acceptances are released in a timely manner on designated media in a standardized and unified format, and to promote the disclosure of procurement intentions, so that suppliers can understand procurement information in advance and do a good job of bidding and bidding. Prepare for response to improve the public's right to know about government procurement and procurement efficiency. Aiming at information disclosure weaknesses such as the amount of procurement project budgets, corrections, procurement contracts, procurement requirements and acceptance results of public service projects, it is necessary to further improve relevant working mechanisms, strengthen assessment supervision and third-party assessments, and truly realize the adequacy of disclosure.

Work on the relative concentration of channels. “全国一张网”的要求,积极利用互联网、大数据、人工智能等新一代信息技术,进一步推进我省政府采购信息发布网络平台的标准化建设和运维工作,建立健全政府采购全过程信息公开和安全防护机制,完善平台服务功能,为各类采购主体提供便捷、免费的信息发布。 In accordance with the requirements of “One Network in the Whole Country”, we should actively use the new generation of information technologies such as the Internet, big data, and artificial intelligence to further promote the standardization construction and operation and maintenance of the provincial government procurement information release network platform, and establish and improve the entire process of government procurement. Information disclosure and security protection mechanism, improve platform service functions, and provide convenient and free information release for various procurement entities. Resolutely rectify problems such as not publishing information, concealing information, and providing information differently through designated media, so that the public can obtain the same information content in a timely, comprehensive, and accurate manner at the same time, and maintain the fairness of government procurement information disclosure.

Get easy at finding it. To establish a people-centered idea, and to highlight the role of the main channel of openness on the Internet, Guizhou Provincial Government procurement information must be published on the Chinese government procurement website Guizhou Branch Network (Guizhou Provincial Government Procurement Network) and provide convenient and free online search services. , Save the public the cost of obtaining government procurement information, resolutely correct the problem of inconvenient information search, information sharing and other problems, so that the procurement body while publishing and obtaining government procurement information, as little as possible to pay human and material resources and financial resources.

Create an efficient and competitive procurement environment

Fair competition is the core of government procurement. ( 财库〔 2019 38 号)等法律法规制度规定,在强化竞争政策基础性地位上下工夫。 Government procurement is fundamentally a market transaction behavior. Therefore, we must establish a unified, open, competitive and orderly modern governance concept, and focus on implementing the Notice on Promoting Fair Competition in Government Procurement and Optimizing the Business Environment ( Treasury [ 2019 ] 38 No.) and other laws and regulations provide that efforts should be made to strengthen the fundamental status of competition policy.

It is necessary to further deepen the reform of the government procurement system, coordinate related procurement policies based on competition policies, improve transaction systems such as separation of management and procurement, build a centralized procurement agency competition mechanism, focus on prominent issues in the government procurement fair competition mechanism, and standardize and effectively restrain the government Purchasing behavior, implement a unified negative market access system for the procurement market, actively promote the construction of an electronic government procurement platform and an electronic store in Guizhou Province, reduce supplier bidding costs, improve the government procurement deposit refund mechanism, and eliminate discriminatory and hidden government Procurement barriers, establish the contractual spirit of equal and trustworthy procurement parties, safeguard the rights of various market entities in government procurement access and withdrawal, participate in market competition, and use resource elements on an equal basis, and effectively reduce the participation of market entities, especially SMEs and private enterprises The threshold of government procurement activities plays a guiding and demonstrative role in government procurement in regulating market order.

Work on the implementation of the fair competition review system. “乱伸的权力之手”,切实提升各类市场主体参与政府采购的活跃度。 It is necessary to actively comply with the trend of internationalization of government procurement in the development of economic globalization and trade integration, establish a sustainable procurement concept, and do not destroy the unified market and fair competition as the prerequisite for the review of the government procurement system. The three aspects of the system are intensifying work, watching the "hand of unreasonable power" in procurement, and effectively increasing the activeness of various market entities in participating in government procurement. In accordance with the principle of "who formulates and cleans up", we must comprehensively clean up the regulations and practices that hinder fair competition in the field of government procurement, and promote non-discriminatory acceptance of government procurement and the same standards. It is necessary to improve the acceptance mechanism for defects, give full play to the role of the "red list" and "black list" of good faith, conduct joint punishment on dishonest subjects in the field of government procurement, and effectively protect the equal participation rights of various market entities in accordance with the law.

Work on improving procurement performance. We must adhere to the organic unification of fair competition and cost-effectiveness principles, focus on improving government procurement operation efficiency and procurement performance, improve the entire process performance management mechanism of fair competition, optimize handling procedures, refine implementation requirements, simplify material supply, and improve suppliers. The convenience of participation shall not restrict or exclude suppliers from participating in procurement activities in non-substantive formats, forms, and procedural issues. “授标权”,把更多的采购自主权等主体责任还给采购人,切实促进采购主体不一味追求低价格,把注意力放在采购质量、价格和效率三要素平衡上,推动“物有所值、节资防腐、良治与效率”采购目标的实现。 We must pay attention to results-oriented, promptly pay for procurement funds, reduce institutional transaction costs, supervise review experts to perform the "right to award bids" fairly , and return more responsibilities such as procurement autonomy to the purchaser, and effectively promote the pursuit of low procurement Price, pay attention to the balance of the three factors of procurement quality, price and efficiency, and promote the realization of "purchase value for money, save money and prevent corruption, good governance and efficiency" procurement goals.

Creating a Fair-rule Procurement Environment

Fair ruling is the bottom line of government procurement. Without relief, there is no right, and the business environment is subject to chaos. 9 月,“政府采购投诉处理”已明确列入国务院第一批部门行政裁决事项。 In September 2019 , the "handling of government procurement complaints" has been explicitly included in the first batch of administrative rulings of the State Council. 94 号)等法律法规制度规定,在投诉机制的公平性上下工夫。 Therefore, it is necessary to establish a modern governance concept that the business environment is productivity. Focus on the implementation of laws and regulations such as the "Government Procurement Challenge and Complaint Measures" (Ministry of Finance Order No. 94 ) and work on the fairness of the complaint mechanism. Suppliers are important participants in government procurement activities, and they are also the main supervisors of government procurement activities. To let suppliers know the procedures and methods for relief, buyers, procurement agencies, and financial departments should proactively announce the receipt of challenged complaints. Information, contact information, etc. Various procurement entities must jointly comply with procedural requirements in the areas of application, acceptance, avoidance, evidence, mediation, trial, execution, period, and service of questioning complaints to prevent suppliers from abusing their complaint rights, fabricating facts, providing false materials, or using Obtaining certification materials by illegal means disturbs the order of government procurement and damages social integrity.

Work on establishing a diversified solution mechanism. “是什么、为什么、怎么做”的工作思路,练好抽丝剥茧法条内涵的基本功,真正把握投诉案件所反映的实质性问题和寻求解决问题的途径,让冷峻的法条永远充满人性的温度。 We must adhere to the principles of law and regulation, equal rights and responsibilities, fairness, justice, simplicity, and efficiency, actively adapt to the requirements of a government ruled by law, establish and improve the working mechanism of government procurement administrative rulings, and improve the organic connection, coordination, and efficient and convenient resolution of conflicts and disputes. Mechanism, unblock the relief channels for suppliers, optimize relief procedures, actively perform ruling duties, pay attention to clarifying the work idea of "what, why, how" in complaint cases , practice the basic skills of the connotation of the rules and regulations, and truly grasp what is reflected in complaint cases Substantive issues and seeking ways to solve them, so that the grim statutes will always be full of human temperature.

Work hard to protect the legitimate rights and interests of suppliers. “谁采购、谁负责”的权责对等原则,增强处理质疑投诉案件的主动权,适时成立非营利性行业自律组织,构建好亲清政商关系。 It is necessary to unify the protection of national interests, social public interests and the legitimate rights and interests of suppliers, strengthen the main responsibility of purchasers, fully implement the principle of "who purchases and who is responsible", and strengthen the initiative in handling complaints. Establish a non-profit industry self-discipline organization at an appropriate time to build a good relationship between government and business. It is necessary to fully mobilize the enthusiasm of review experts to respond to inquiries and queries, do a good job of responding according to law, in a timely, accurate, and realistic manner, guide the complainant's psychological expectations of the law in a targeted manner, and use the truth to help the complainant be familiar with the legal procedures for handling complaints. We will use our real power to protect our rights and interests in accordance with the law, improve the damage and compensation mechanisms for suppliers, and achieve the effects of dissolving doubts, resolving contradictions, resolving disputes, and being efficient and convenient, ensuring that suppliers have equal access to business opportunities, and that their legitimate rights and interests are not illegally damaged And earnestly improve the credibility of the government.

(Author Unit: Government Procurement Department, Guizhou Provincial Department of Finance)