The difference between government procurement and public bidding

Legal analysis: 1, the scope of legal definition is different. Government procurement covers all government procurement activities using financial funds, including goods, services and projects. Among them, the procurement of service items is unique to government procurement, such as meeting reservation, refueling, car repair, insurance, printing and so on. Bidding uses different kinds of funds, and its scope is only construction projects and related goods, excluding services. 2. Different implementers. According to the provisions of relevant laws, the government has set up government procurement centers in various administrative divisions according to law to manage the procurement affairs within the government. It is a pure service organization and undertakes the administrative functions of project procurement in the centralized procurement catalogue of government procurement at the same level. Its funds are included in the financial budget, and its personnel are managed with reference to civil servants. It is completely different from the bidding agency. According to the particularity of government procurement, each province has set up independent procurement centers from the beginning of the implementation of the government procurement system. As far as bidding is concerned, all kinds of bidding agencies for construction projects approved by relevant state departments are for-profit enterprises, not internal government agencies, and have no administrative functions. 3. There are differences in organizational forms. Government procurement is organized by financial departments, government procurement centers, purchasers, bid evaluation experts, suppliers and supervision and audit institutions, and "procurement" and "management" are separated, and they are subject to the full supervision of the discipline inspection department. It has strong standardization in procedures, methods and personnel, which is more conducive to realizing the principle of "three publics" and avoiding black-box operation. Bidding is a procurement activity organized by the owner, the bidding agency and the bidding enterprise, and sometimes even completed by both parties. 4. Different funding guarantees. Strict budget management is implemented in government procurement, with solid government procurement funds as the guarantee of procurement projects, which are paid by the state treasury in a unified and centralized manner, thus reducing capital links, avoiding the disadvantages of capital loss, occupation and default, and maintaining the government image. Bidding does not have the above characteristics. 5. The service results are different. As a service organization within the government, the government procurement center does not charge any fees, and all services are free. At the same time, all the savings of government procurement funds belong to finance, which fully embodies the purpose of fighting corruption and promoting honesty, which is impossible for bidding enterprises.

Legal basis: Article 2 of the People's Republic of China (PRC) Government Procurement Law applies to government procurement in People's Republic of China (PRC).

The term "government procurement" as mentioned in this Law refers to the use of financial funds by state organs, institutions and organizations at all levels to purchase goods, projects and services within the centralized procurement catalogue formulated according to law or above the procurement quota standard.

The catalogue of centralized government procurement and the standard of procurement quota shall be formulated in accordance with the authority prescribed in this Law.

The term "procurement" as mentioned in this Law refers to the behavior of obtaining goods, projects and services for compensation through contracts, including purchase, lease, entrustment and employment.

"Goods" as mentioned in this Law refers to articles in various forms and types, including raw materials, fuels, equipment and products.

The term "project" as mentioned in this Law refers to construction projects, including new construction, reconstruction, expansion, decoration, demolition and repair of buildings and structures.

The term "services" as mentioned in this Law refers to other government procurement objects except goods and projects.