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Responsible person in charge of the Ministry of Finance answers reporters' questions on the amendments to the Measures for Handling Complaints from Government Procurement Suppliers

来源: 中国政府采购网打印January 10, 2018 08:46 Source: China Government Procurement Network [ Print ]

In order to further regulate the behavior of government procurement questioning and complaints, and to protect the legitimate rights and interests of the parties involved in government procurement activities, the Ministry of Finance has revised and revised the Measures for Handling Government Complaint Supplier Complaints (Ministry of Finance Order No. 20, hereinafter referred to as Order No. 20). The name of the regulation was announced, and the "Measures for Questioning and Complaints about Government Procurement" (Ministry of Finance Order No. 94, hereinafter referred to as the "Measures") was promulgated and will be implemented as of March 1, 2018. Recently, the relevant person in charge of the Ministry of Finance accepted an interview with reporters on related issues.

Question: Please introduce the background of the "Methods".

Answer: Since the government procurement law came into effect on January 1, 2003, it has gradually formed a government procurement legal system that is governed by the government procurement law and its implementing regulations and relies on several departmental regulations. Since Order No. 20 was promulgated and implemented in 2004, it has effectively prevented and corrected improper and illegal acts of government procurement, protected the legitimate rights and interests of the parties to government procurement, and achieved good results. However, with the economic and social development and the deepening of the reform of the government procurement system, Decree 20 has not fully adapted to the needs of current regulations and actual supervision. In order to implement the requirements of the report of the 19th National Congress of the Communist Party of China on upholding the rule of law in an all-round way, optimize government procurement supervision and relief measures, promote the transition of government procurement management from "emphasis on approval and supervision on light" to "strengthen supervision after the event", and further maintain suppliers Legitimate rights and interests and a fair and just market order ensure the continuous release of market vitality. The Ministry of Organizations has amended Order 20 to focus on building a sunny government and transparent finance.

Q: What are the highlights of this revision?

Answer: There are 6 chapters and 45 articles in the Measures, which is 14 new articles, 20 deleted, and 29 articles revised. The main contents of the amendment include:

The first is to modify the name of the regulations and add a special chapter to provide for the challenge procedure. The "Measures" revised the name of the regulations, and added a chapter on "questioning and replying to questions", which included questions on the qualifications of suppliers, the letter of questioning and the content of questioning responses, the time limit for handling the questions, and the handling methods. It regulates and clarifies the corresponding legal responsibilities for the buyers and purchasing agencies that refuse to accept the challenge letter sent by the supplier during the legal challenge period, and does not respond to the challenge in accordance with the law.

The second is to supplement and refine the relevant provisions of the government procurement law and regulations. The Measures clarify that procurement agencies should respond to queries within the scope of entrusted authorization; if it is stipulated that they participate in government procurement activities in the form of a consortium, their complaints should be jointly filed by all suppliers forming a consortium; If the bid or the transaction result raises a question, the purchaser and the procurement agency may organize the original review committee to assist in answering the question; the content of the complaint shall be improved, and the handling method of the financial department when the content of the complaint does not meet the requirements; supplementary provisions for the finance Relevant requirements for departmental cross-examination, the consequences of the complainant and the respondent failing to provide relevant evidence materials in accordance with regulations, the financial department should reject the complaint; detailed inspection, testing, appraisal, expert review, The time required for the complainant to correct the materials, and how the financial department will handle the complaint if it is true.

The third is to further strengthen openness and transparency, improve procurement efficiency, and ensure fairness and justice. The "Measures" stipulates that the financial department should publish information such as the contact person, contact phone number, and communication address for receiving complaints in the designated government procurement information release media, to further improve transparency and optimize services; Appropriate regulations to improve procurement efficiency and administrative efficiency; if it is clear that potential suppliers have obtained their questionable procurement documents in accordance with the law, they may challenge the documents; the content of the complaint does not meet the requirements, and provisions for amendments have been added to fully Protect the legitimate rights and interests of suppliers.

The fourth is to clarify the relevant powers and responsibilities of the financial department. In response to the problem of unclear power and responsibility of the financial department, the Measures clearly states that if the complaint is found to be inconsistent with the legal acceptance conditions after investigation, the financial department shall reject the complaint. Decree No. 20 stipulates that the financial department shall "transfer the complaint to a department with jurisdiction" if the complaint does not belong to the jurisdiction of the department, and the Measures will amend it to "should notify the complainant to file a complaint with the competent department within 3 working days. ".

Fifth, the effective methods in practice are included in the scope of the Measures. In 2012, our ministry has made provisions for practical problems: when cross-regional joint procurement projects, when multiple financial departments receive complaints, the budget levels with different budget levels are handled by the highest-ranking financial department; if the budget levels are the same, the The financial department receiving the complaint is the first to deal with it; if the response to the challenge leads to a change in the bid or the result of the transaction, the purchaser or purchasing agency shall report the relevant situation to the financial department for the record. Judging from the actual situation, the effect is better, and the "Methods" incorporates this content.

Sixth, make technical improvements with reference to existing laws and judicial interpretations. Decree 20 does not explicitly stipulate issues related to foreign and Hong Kong, Macao and Taiwan evidence, period calculation, and other local practices. The "Measures" refer to the "Several Provisions of the Supreme People's Court on Evidence in Administrative Litigation" and regulate the requirements for foreign and Hong Kong, Macao and Taiwan evidence; referring to the Civil Procedure Law, the period calculation is clearly defined.

Q: What specific measures does the "Measures" stipulate in further promoting purchasers' legal procurement?

Answer: Purchasers and procurement agencies are the organizers and implementers of government procurement activities, and their degree of behavioral norms directly affect the standardization level of the entire government procurement activities. The "Measures" regulates the submission and response of queries, clearly strengthens the obligations of purchasers and agencies in the response to queries, prohibits them from refusing to accept the challenge letter, and details the purchasers and procurement agencies' Respond to the obligation and ensure that it is fulfilled through reasonable liability provisions. These measures are conducive to urging purchasers and procurement agencies to improve the standardization of government procurement behavior and enhance their subjective awareness of procurement in accordance with the law.

Q: What specific measures are provided in the Measures for further protecting the legitimate rights and interests of suppliers?

A: The Measures provide for the protection of the legitimate rights and interests of suppliers: the scope of potential suppliers is clarified; the financial department is required to publish information such as the contact person, contact phone number, and communication address for receiving complaints in the designated government procurement information release media. , To further improve transparency and optimize services, reduce the cost of suppliers' complaints, and facilitate suppliers to lodge complaints in accordance with the law; increase the provision of correction deadlines for non-compliance of the content of the complaint; clarify the various documents in the response to the challenge and the complaint processing Service and announcement obligations, etc. Therefore, the implementation of the Measures can provide suppliers with greater protection of their legitimate rights and interests in terms of procedures and entities, so as to ensure the fairness, impartiality, and openness of the complaint process.

Question: What specific measures are provided in the Measures for optimizing the allocation of regulatory resources and improving administrative efficiency?

A: The Measures clearly specify the specific procedures for handling complaints, such as acceptance conditions, time limits, and processing methods. In particular, the calculation of time limits and periods is detailed. It has strong operability and helps to handle complaints in a timely and standardized manner . At the same time, the Measures provide for restricting suppliers' abuse of complaints. On the whole, the implementation of the Measures will further improve the efficiency of financial departments in performing supervision and management responsibilities in government procurement.

Q: The "Measures" came into effect on March 1, 2018. How does the Ministry of Finance intend to implement and implement them?

Answer: In order to implement the Measures, we will actively carry out the following work: First, we will carry out extensive publicity work. Through the media portal of the Ministry of Finance, China Finance and Economics News, China Government Procurement News, China Government Procurement Magazine, Government Procurement Information News and other media, the "Measures" were widely publicized to actively answer questions and clarify doubts and respond to concerns of all parties. The second is to do a good job in training. Compilation of interpretation materials, training courses, special training for central units and local financial departments, detailed explanations and explanations of the key content of this revision, and help to accurately understand and grasp the contents and requirements of the Measures. The third is to promptly introduce related supporting policies and systems. Develop and publish a series of supporting regulatory documents such as the model letter of government procurement challenge letter and model complaint in a timely manner. At the same time, the current relevant regulatory documents were cleaned up to maintain consistency.