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Responsible person in charge of the Ministry of Finance answered reporters' questions on the revision of the "Administrative Measures on Tendering and Bidding of Government Procurement of Goods and Services"

来源: 中国政府采购网打印July 18, 2017 11:23 Source: China Government Procurement Network [ Print ]

In order to implement the "People's Republic of China Government Procurement Law" and its implementing regulations, and regulate the behavior of bidding and tendering for government procurement of goods and services, the Ministry of Finance issued the 2004 "Measures for the Administration of Bidding and Bidding of Government Procurement of Goods and Services" (Order of the Ministry of Finance No. 18 (Hereinafter referred to as Decree No. 18) was revised and the new "Administrative Measures on Tendering and Bidding of Government Procurement of Goods and Services" (Ministry of Finance Order No. 87, hereinafter referred to as Order 87) was announced. Recently, relevant persons in charge of the Ministry of Finance have been interviewed by reporters on related issues.

Q: Why amend Order 18?

Answer: After the implementation of Decree 18, it has played a positive role in regulating the bidding behavior of government procurement of goods and services. However, with the continuous deepening of various national reforms and the continuous development of government procurement practice activities, it is necessary to perfect Order No. 18 in a timely manner.

The first is to implement the relevant decision-making arrangements of the Party Central Committee and the State Council. Since the 18th National Congress of the Communist Party of China, the Party Central Committee and the State Council have made a series of major decisions and deployments, new positioning of government and market relations, new tasks to promote administration according to law, new ideas for the development of the "13th Five-Year Plan", and The measures all put forward higher requirements for optimizing government procurement transaction rules, strengthening power constraints in procurement activities, implementing procurement policy functions, and improving government procurement supervision mechanisms. As a basic departmental regulation that regulates the bidding and tendering activities for government procurement of goods and services, Decree No. 18 urgently needs to be amended.

The second is to meet the needs of government procurement system reform and development. In recent years, the reform of the government procurement system revolves around the idea of “promoting major changes in government procurement management from a process-oriented to a result-oriented” approach. Aiming at the prominent problems reflected by the society, corresponding solutions are proposed to further improve transaction rules and supervision measures, which is conducive to the formation of a fair competition, standardized management and results-oriented institutional system.

The third is to implement the relevant provisions of the implementing regulations of the Government Procurement Law. After the implementation of the Government Procurement Law, Decree No. 18 on the bidding and procurement procedures, bid evaluation methods, transaction rules, and information disclosure has lagged, and needs to be revised. At the same time, Decree No. 18, as a supporting departmental regulation, also needs to supplement the relevant provisions of the Implementing Regulations of the Government Procurement Law.

Q: What are the highlights of this revision?

Answer: Decree 87 has a total of 7 chapters and 88 articles. Compared with Decree 18, 36 articles have been deleted, 34 articles have been added, and 54 articles have been revised. In addition to the general rules and supplementary rules, Decree 87 stipulates the sub-chapters of tendering, bidding, bid evaluation, bidding and contracting, and legal liability in accordance with the government procurement of goods and services, and focuses on three aspects:

The first is to clarify the main responsibility of the purchaser and strengthen the equivalence of rights and responsibilities. In government procurement activities, the issue of the buyer's inadequate performance of its main responsibilities and the insufficient exercise of procurement autonomy coexist. For this reason, Decree 87 clarified the purchaser's responsibilities in implementing key policies such as implementing procurement policies, strengthening internal control, formulating procurement requirements, publicizing procurement information, and performing performance acceptance, while increasing purchaser participation in procurement activities and reasonably expanding The purchaser's autonomy in purchasing has further strengthened the requirement of equal rights and responsibilities.

The second is to adhere to the problem-oriented and improve regulatory measures. Aiming at the various opinions and suggestions from various circles of society, especially the outstanding issues such as high quality, hidden rebates, and inefficiencies pointed out by the Fifth Integrity Work Conference of the State Council, Order No. 87 further improved the system design and standardized the procurement behavior. Relevant measures have been put forward to strengthen procurement requirements, performance acceptance management, strengthen review supervision, improve government procurement transparency, and strengthen the legal responsibilities of all parties.

The third is to implement the requirements for reform of decentralized service and reduce institutional transaction costs. In order to promote the reform of government procurement and deregulation services, and implement the policy requirements of “reduction of taxes and fees” and support for the development of the real economy, Decree 87 proposed a number of specific measures to further protect the legitimate rights and interests of suppliers and reduce the participation of suppliers in bidding. Economic and time costs.

Question: Aiming at the problems of high quality and low price, vicious competition, and low efficiency in government procurement, what specific measures are stipulated in Decree 87?

Answer: In government procurement practice, issues such as high quality and low prices, vicious competition, and inefficiency have been widely criticized by the society. Order No. 87 addresses these prominent issues from the perspective of system design and implementation mechanisms.

1. Strengthen the management of procurement requirements and performance acceptance, reduce the operating space for violations, and ensure the quality of procurement. The first is to require the purchaser to conduct a market survey, to determine the purchase needs scientifically and reasonably according to the survey situation, and to perform price calculations; the second is to specify the content that the purchase needs should include; the third is to specify that after the market survey and price calculation, the purchaser can The ceiling price is reasonably set in the budget; the fourth is to further clarify the content of the procurement contract; the fifth is to stipulate that the purchaser can invite other bidders or third-party agencies participating in the project to participate in the acceptance; the sixth is to require the purchaser to strengthen the winning bid For human performance management, when a supplier has breached the contract, it shall promptly handle and investigate the supplier's liability for breach of contract in accordance with the law.

2. Improve fair trading rules, improve transparency and fairness, and prohibit secret collections. The first is to increase the restrictions on the bidder qualification requirements set by purchasers and procurement agencies; stipulate that for different bidders that provide products of the same brand, only one bidder is evaluated or only one bidder is eligible. The second is that if the bidder cannot prove the reasonableness of its offer, the bid evaluation committee shall treat it as invalid bidding; enumerate six cases where bidders are considered to collude in bidding; and stipulate the prohibited behavior of the bid evaluation committee and its members. Third, the content of the announcement of the winning bid was further detailed, and the deadline for the announcement of the winning bid was clarified. The fourth is to stipulate that the purchaser shall strengthen the internal control management of the government's government procurement bidding activities, and shall not solicit or accept from the supplier gifts, rebates or other goods and services not related to procurement.

3. Improve bidding and procurement procedures and focus on improving procurement efficiency. Supplemented the contents of public tender announcement, pre-qualification announcement, tender documents, pre-qualification documents; added provisions for the provision of tender documents, pre-qualification documents, and the validity period of bids; clarified the purchaser and procurement agency in organizing bid evaluation Responsibilities in the field; standardized the review factors of the comprehensive scoring method and the requirements for setting the points. At the same time, under the premise of ensuring the legal conduct of procurement activities, it is allowed to timely correct operational problems such as calculation of scores and summary calculations in procurement activities, so as to avoid "overturning" due to minor errors.

Of course, there are some “chaos” in government procurement activities, including the problem that the government procurement system itself is not scientifically and rationally designed, the implementation is not standardized and supervision is not in place, and the external market environment is not perfect, and the social credit system is not sound. All sectors of society need to work together to solve it.

Question: What new measures does Decree 87 have in implementing the reform of decentralized service and reducing institutional transaction costs?

Answer: Implementing the requirements for reform of decentralized services and reducing institutional transaction costs are one of the key points of this revision. Decree 87 has specifically innovated and improved from the following aspects: First, to guarantee the equal participation of suppliers. It is stipulated that bidding documents and invitations to bids shall be provided to all suppliers that have passed pre-qualification or invitation; if they organize site inspections or hold Q & A meetings, all bidders shall be notified. The second is to protect suppliers' right to know. Refining the announcement of the bidding results, requiring the purchaser or procurement agency to inform the bidders who failed the qualification review of the reasons for their failure; if the comprehensive scoring method is used for the evaluation, the unsuccessful bidders should also be informed of their evaluation scores and rankings. . The third is to reduce supplier bidding costs and improve bidding convenience. It is clearly stipulated that the purchaser shall not require the bidder to provide samples except in special circumstances, and those that are really required shall be returned in time after the procurement activity is completed; the price of the bidding documents shall be determined in accordance with the principle of making up for costs and shall not be used for profit; the pre-qualification documents shall be Provide free of charge; require the purchaser to return the bid security deposit on schedule, and terminate the bidding shall refund the bidding document costs; allow bidders to correct the bidding documents before the deadline for bidding, and make clarifications and amendments according to the requirements of the bid evaluation committee during the evaluation period.

Q: What are the provisions of Decree 87 on strengthening the legal responsibilities of all parties in procurement activities?

Answer: Combining decentralization and management with emphasis on clear rules, strict control in the middle, and heavy punishment are both important tasks for implementing the "decentralization of service" reform and a basic compliance for the reform of the government procurement system. To this end, Decree 87 further clarified and supplemented the legal responsibilities of all parties to government procurement in accordance with the relevant provisions of the Government Procurement Law and its implementing regulations. First, it provided for lazy government oversight of government procurement departments and their staff. Dealing with illegal activities such as negligence, abuse of power, neglect of duty, and malpractice for personal gain; the second is to stipulate that the purchaser fails to compile procurement requirements in accordance with regulations, asks or accepts rebates for gifts from suppliers, fails to determine the successful bidder, The winning bidder puts forward unreasonable requirements as the legal responsibility for illegal activities such as signing the contract conditions; the third is to stipulate that the procurement unit fails to conduct qualification review in accordance with regulations, terminates bidding activities without authorization, fails to open bids and organize bid evaluations in accordance with regulations, and fails to comply with regulations Refund of bid deposits and other punishment measures for violations of laws and regulations; Fourth, punishment measures for violations of regulations by members of the bid evaluation committee.

Q: Order 87 will be implemented from October 1, 2017. How does the Ministry of Finance intend to implement and implement it?

Answer: In order to implement the 87th order, the next step, we will actively do the following: First, conduct extensive publicity work. Through the media portal of the Ministry of Finance, China Finance and Economics, China Government Procurement News, etc., the publicity of Order No. 87 was made, and questions and confusions were actively answered to respond to the concerns of all parties. The second is to do a good job in training. Prepare interpretation materials, hold training courses, conduct special training for central units and local financial departments, and explain and explain the key content of this revision in detail to help accurately understand and grasp the content and requirements of Decree 87. The third is to promptly introduce supporting policies and systems. Improve related supporting systems, including government procurement work procedures, agency management, review expert management, and internal control management of government procurement activities.