政府采购活动。 Suppliers can participate in government procurement activities as a consortium . How to raise the qualification requirements of the Commonwealth? This is a question that needs further clarification.
Let's look at a case first:
A government procurement project requires two different professional qualifications, and accepts suppliers to form a consortium to participate in government procurement activities. So, how should the qualifications of suppliers be set?
Some people say that each party in the consortium should have two professional qualifications; others say that at least one of the parties in the consortium has two professional qualifications; others say that according to the agreement of the union, what work should be done? What qualifications should you have? Which of the three statements is correct?
Let us look at the relevant provisions of the Commonwealth of Article 24 of the Government Procurement Law and Article 22 of the Implementation Regulations of the Government Procurement Law:
One or more natural persons, legal persons or other organizations may form a consortium and participate in government procurement together as a supplier.
2. For government procurement in the form of a consortium, all suppliers participating in the consortium shall meet the conditions stipulated in Article 22 of the Government Procurement Law.
3. Suppliers with similar qualifications in the consortium who undertake the same work according to the division of labor of the consortium shall determine the qualification level according to the supplier with a lower qualification level.
Let us look at the provisions of Article 22 of the Government Procurement Law again. Article 22 of the "Government Procurement Law" is divided into two paragraphs. The first paragraph stipulates "the conditions that suppliers should have to participate in government procurement activities", referred to as legal conditions; the second paragraph stipulates "the purchaser can The special requirements of the supplier specify the specific conditions of the supplier ", referred to as the specific conditions. According to Article 24 of the "Government Procurement Law", parties to the consortium must meet both the statutory conditions of the supplier and the specific conditions of the procurement project. The Interpretation of the Implementation Regulations of the Government Procurement Law explains this as follows: There are two main reasons for the introduction of the government procurement consortium: First, the need to ensure the quality and effectiveness of procurement. It is difficult for a supplier to complete independently, allowing suppliers with similar qualifications to form a consortium to participate in procurement activities, achieving the effect of strong alliance and complementary advantages. The second is the need to implement government procurement policies.
In summary, government procurement does not consider the situation where a consortium of suppliers with different qualifications participates in procurement activities, or that procurement projects have special requirements that require suppliers to have more than two qualifications. What should we do? In reality, this situation cannot be avoided, and the current method is to use professional subcontracting or professional bidding. However, the use of professional subcontracting is limited by the key and the main part does not score the package; the division of bidding sections should not be too fine, otherwise it is not conducive to the management of procurement projects.
It should be noted that the Ministry of Finance Order No. 18 (the "Administrative Measures on the Bidding and Tendering of Government Procurement of Goods and Services" implemented in 2004) has different regulations on the qualifications of the Commonwealth. "Each party to the Commonwealth shall meet the conditions specified in Article 22, paragraph 1, of the Government Procurement Law. If the purchaser specifies the specific conditions of the bidder according to the special requirements of the procurement project, at least one of the parties to the Union shall meet the purchaser. Specified conditions. "Obviously, Article 34 of Decree 18 is inconsistent with the provisions of Article 24 of the Government Procurement Law. With the implementation of Decree 87, Decree 18 was repealed. Procurement projects need to be joined by a group of suppliers with different qualifications. This is a realistic need, but there is no corresponding legal requirement so far.
Now back to the previous case. When setting up a consortium qualification, according to Article 24 of the Government Procurement Law, all parties to the Consortium should have the statutory and specific conditions stipulated in Article 22 of the Government Procurement Law, which means that procurement The parties to the two professional qualifications stipulated in the project must have both. If the supplier does not possess these two professional qualifications at the same time, procurement activities will be difficult to continue. Such qualification requirements are obviously too high.
From this case, Yali thought that with the increase in government procurement of non-single product projects, PPP projects, government procurement service projects, and the increase in the amount of bidding standards in accordance with the law, more procurement projects have proposed special qualifications that require different qualifications or multiple qualifications. It is required that the concept of government procurement on the consortium needs to keep pace with the times. In the communication with purchasers and procurement agencies, I learned that in government procurement practices, suppliers form consortia to participate in procurement activities. There are fewer strong alliances, and not many strong and weak alliances. In addition to statutory conditions, what government procurement projects really need is a “different industry consortium” based on professional division of labor and complementary advantages. Regarding what qualifications the "inter-industry consortium" should require, laws and regulations need to make clear provisions.