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Yue Xiaochuan: The establishment period should not be used as a qualification for suppliers to participate in political gathering activities

来源: 中国政府采购报打印September 25, 2019 08:57 Source: China Government Procurement News [ Print ]

2019 38 号)(以下简称“ 38 号文”)要求清理的妨碍公平竞争的十种情形中,包括了设置成立年限门槛限制供应商参加政府采购活动的情形。 The Ministry of Finance recently issued the "Notice on Promoting Fair Competition in Government Procurement and Optimizing the Business Environment" (Cai Ku [ 2019 ] No. 38 ) (hereinafter referred to as " Circular 38 "). The establishment of a threshold for the establishment of years to restrict suppliers from participating in government procurement activities. Many people do not quite understand this, thinking that this is the customary practice of bidding and purchasing for many years. On this issue, my opinion is this.

First analyze the purpose of the purchaser to restrict the supplier based on the establishment period of the enterprise. Generally speaking, the purchaser has the following considerations. First, the years of establishment of a company can largely reflect the management level of the company and the degree of product satisfaction to the market. In a market economy environment, survival of the fittest is a natural law. Enterprises whose products are not suitable for market needs and whose management level is low will gradually go bankrupt, merge, reorganize, or actively transform over time. For a company that can survive for a long time, its management and operation must be good, and its products must meet market demand. Therefore, it is reasonable to regard the establishment period of an enterprise as an important condition for selecting an enterprise. Second, the years of establishment of an enterprise can reflect its credibility and social responsibility. As soon as some enterprises encounter difficulties in their operations, they choose to evade or "run the road" and evade debts or responsibilities through "run the road". Some companies choose to legally "run the road" by declaring bankruptcy to get rid of debt and liability. Therefore, a company that can survive for a long time must also be a responsible, responsible and reputable company. It is entirely understandable that purchasers choose such companies as partners.

Although there are reasonable reasons for restricting suppliers based on the establishment period of the enterprise, the characteristics of government procurement determine the buyer's responsibility for social responsibility. The government procurement funds are financial funds, which determines that the purchasers of government procurement projects are not ordinary purchasers. In addition to the practices of ordinary purchasers, they can choose credible, responsible, responsible, well-managed, and superior products. In addition to its own enterprises, it also shoulders the social responsibility of maintaining social fairness and justice. Regarding the social responsibility of government procurement, the government procurement law has stipulated government procurement policies such as saving energy, protecting the environment, supporting SMEs, and supporting the development of backward areas. 2018 9 18 日国务院发布《关于推动创新创业高质量发展 打造“双创”升级版的意见》,鼓励大众创业万众创新。 In addition, on September 18 , 2018 , the State Council issued the "Opinions on Promoting the High-quality Development of Innovation and Entrepreneurship and Creating an Upgraded Version of" Double Innovation "" to encourage mass entrepreneurship and innovation. Premier Li Keqiang also pointed out that "Promoting mass entrepreneurship and innovation is a major reform measure that fully stimulates the wisdom and creativity of hundreds of millions of people. It is an important way to achieve the prosperity of the country and the prosperity of the people. We must resolutely eliminate all kinds of constraints and let the entrepreneurial innovation Becoming the trend of the times, bringing together powerful new momentum for economic and social development. "

Letting the Chinese people realize their spiritual pursuit in creating material wealth is the direction that this government has been working hard for. Through mass entrepreneurship, it can also solve the problem of social employment and reduce the national employment burden. If the state encourages everyone to set up enterprises on the one hand, and excludes newly established enterprises in government procurement on the other, this is not in line with government procurement policies.

38 号文的发布表明,通过发挥政府采购的政策导向功能,为中小企业发展和大众创业万众创新创造了更加优良、更加宽松的条件。 The release of Document No. 38 of the Ministry of Finance shows that by exerting the policy-oriented function of government procurement, it has created better and more lenient conditions for the development of SMEs and mass entrepreneurship and innovation.

中机国际招标有限公司) ( Yue Xiaochuan China Machinery International Tendering Co., Ltd.)