Top 10 Practical Topics of Greatest Concern to the Industry in 2022

Earlier this year, the Interim Measures for the Administration of Government Procurement Framework Agreement Procurement Methods (Ministry of Finance Decree No. 110, hereinafter referred to as Decree 110) finally met with everyone. Compared with the previous draft, the finalized Decree 110 has made significant adjustments from the name of the measures, the structure of the body, to the content of the provisions. In order to help the industry to better understand and implement the 110th Order, this newspaper to a dozen industry experts issued an invitation to interpret, which several experts "explanation" is to let readers frequently nod.

Shanghai Municipal Finance Bureau of Government Procurement Management Office of the Deputy Director Xu Zhou in the "authoritative interpretation of the government procurement framework agreement" article, said the 110th Order will be the focus of the competition in the framework agreement procurement in the first stage; it is to the procurement of non-shortlisted suppliers, "openings", to promote the framework agreement procurement in the "real goods". The "real goods" on the basis of "real price"; it requires the responding supplier must be the manufacturer or have the manufacturer's sole authorization.

Central State organs of the Government Procurement Center staff Han Lu from the perspective of small sporadic procurement practices, analysis of the framework agreement procurement of "combat" significance. She believes that the introduction of Order 110, will end the current small sporadic procurement chaos, unified shortlisting and solicitation procedures, such as, Order 110, Article VI clearly put forward, "there should be a clear procurement target and pricing mechanism, shall not be used to meet the qualifications of suppliers that are shortlisted method," which means that only delineate the scope of supply of the The fixed-point procurement is no longer compliant, it will withdraw from the government procurement of goods and services market.

A few months after the implementation of Order No. 110, the newspaper also opened a "'cloud' to see the framework agreement procurement" column, through combing reports around the "water test" specific projects, to help better implement Order No. 110. To help the 110th order better landing, and timely correction.

Larger fines

The industry on the "larger fines" in the end how much the problem has been debated, however, at the beginning of this year, the practice of this long-standing problem is finally resolved. The Ministry of Finance on the "Chinese People's *** and the State Government Procurement Law Enforcement Regulations," Article 19, paragraph 1, "larger amount of fines," the specific application of the "opinions" (hereinafter referred to as "Opinions") clearly, the Government Procurement Law Enforcement Regulations, Article 19, paragraph 1 of the provisions of the "larger amount of fines "is recognized as a fine of more than 2 million yuan, laws, administrative regulations and the relevant departments of the State Council clearly stipulate that the relevant areas of the "larger amount of fines" standard is higher than 2 million yuan, from its provisions. Once the Opinion was released, it won a round of applause.

In fact, the government procurement field of "larger amount of fine" recognized the problem has a long history. For the "larger fine" determination, has always been based on the hearing criteria to determine. However, due to the hearing standards vary from place to place, derived from the "is applicable to the original behavior of the hearing standards or the current enforcement of the hearing standards" issue.

"Opinions" for the practical drawbacks, so that the "larger fines" identified with the hearing standards decoupled, to solve the original linkage system under the standard is not the same, small fines are identified as a major violation of the law and other issues, from the system to uphold the spirit of the rule of law, optimize the business environment, reflecting the Ministry of Finance as the highest level of government procurement The Ministry of Finance, as the highest level of government procurement regulator's commitment and action, can be described as a small step in the governance system, a big step in the business environment!

Stabilizing the economy

This year, affected by the epidemic of the century and changes in the international situation and other unexpected factors, China's economy is facing a "big test" to stabilize the economy, the state introduced a package of policies, the Ministry of Finance responded at the first time, issued the "Notice on Further Increasing the Support for Small and Medium-sized Enterprises through Public Procurement", which provides small and medium-sized enterprises with the opportunity to receive the best possible support from the government. The Ministry of Finance responded at the first time by issuing the "Notice on Further Increasing Government Procurement Support for Small and Medium-sized Enterprises", sending confidence to small and medium enterprises. In this context, I launched the newspaper "stabilize the economy - government procurement in action" column, in the "stable expectations" on the role of the correct guidance.

In this regard, the Zhejiang Provincial Department of Finance, Zhang Xudong, director of the Article and Law Department, has cited the example of March 20, 2020, Shaoxing City, Zhejiang Province, Medical Protection Bureau of an e-procurement project online bidding, five suppliers to participate in the online bidding, the last Wuhan, a successful enterprise, at that time, Wuhan, Wuhan is still in the period of the closure of the city. If the implementation of traditional offline procurement, such a winning results will not appear.

"In the current complex and severe economic situation, a government procurement orders may directly determine the survival of an enterprise, and indirectly affect dozens or even hundreds of families." Zhang Xudong said.

This policy function has a profound internal logic. Wang Conghu, a special researcher at the National Institute of Development and Strategy of Renmin University of China, explained that government procurement, first of all, as an economic activity, its basic function is mainly embodied in the role of macro-control. This can be expressed as: through the regulation of the economic aggregate, promote the optimization and upgrading of industrial structure, promote the development of small and medium-sized enterprises to better social redistribution, and thus stabilize economic development.

In addition, the newspaper also sorted out a variety of small and medium-sized enterprises to participate in government procurement activities of the practical problems, and invited the practice of experts to answer, to help small and medium-sized enterprises in the road to solve the problem through the "last kilometer".

Unified market

In recent years, around the optimization of the business environment, the main theme of the document has been issued one after another, released in March this year, "China *** Central State Council on accelerating the construction of a unified national market opinions" is marked "heavy" words. Opinions focus on the need to continue to clean up the field of bidding and procurement in violation of the provisions of the unified market construction and practices. In this regard, our newspaper launched a "new old cases: build a unified market" column, in the industry has achieved a good response.

Through the practice of "negative materials", we see the government procurement regulatory system has achieved significant results. First, the government procurement of the main participants, especially the potential bidders of the rights of the awareness of the increasing. In the face of unreasonable restrictions or discriminatory treatment formulated by the purchaser or the purchasing agent, suppliers are able to assert their rights and seek remedies through the channels of questioning and complaining, administrative reconsideration and administrative litigation. Secondly, the definition of the illegal behavior of improper restriction of competition and intentional discrimination in government procurement has become clearer. From Article 22 of the Government Procurement Law to Article 20 of the Regulations for the Implementation of the Government Procurement Law, the provisions are more comprehensive and refined. Thirdly, the law enforcement and judicial supervision of the illegal behavior of undue restriction of competition and intentional discrimination in government procurement have become more powerful. In addition to receiving complaints, financial departments in recent years have often taken the initiative to investigate and deal with possible violations of the law by initiating supervision and inspection procedures.

On the other hand, we also realize that the reform of the government procurement system has a long way to go in the fight against unfair competition. China's vast territory, different provinces and municipalities, law enforcement and judicial organs of the understanding and application of government procurement laws and regulations, there is still a certain degree of difference, such problems need to be resolved.

New Catalog

The Government Procurement Item Classification Catalog (Issued in 2022) is another important document issued by the Ministry of Finance this year, which is the third revision of the catalog in the past two decades, and has gained much attention and praise since its release.

This revision highlights a number of changes, reflecting the new catalog "should be born of reform, with the times and change" of the historical responsibility.

One is with the "fixed assets and other asset-based classification and code" (GB/T14885) unified into a set of coding system. For example, goods items and asset classification for one-to-one correspondence, the two codes are composed of the Latin letter "A" and 4-level code 8 Arabic numerals, for the effective convergence of government procurement and asset management to provide basic protection.

The second is to connect with the government to purchase services. All along, the industry has been "the government procurement services and government procurement services unified" calls, this revision should be the needs of the times, against the "central level government procurement services guiding directory" (hereinafter referred to as the "guiding directory") of the original service items to adjust and increase, at present, the "guiding directory" of the catalog have been reflected in the existing classified directory, the "guiding directory" of all directories. have been reflected in the existing categorized catalog.

Third is to adapt to the framework agreement procurement. 110 since its implementation in March this year, many practitioners said they are still afraid to try the framework agreement procurement methods, many issues are not sure, in order to better help the 110th order to land, "the new directory" new "C20000000 forensic consulting services", "the new directory", "the new directory". C20000000 Forensic Consulting Services" and many other items.

The fourth is to standardize the implementation of government and social capital cooperation project procurement. In accordance with the general idea of deepening the reform and revision of the Government Procurement Law, the new "C24000000 government and social capital cooperation services" items, including 12 categories.

The whole process of electronic

In today's government procurement circle, electronic has long been y rooted in people's hearts, and penetrated into every link. In the past year, localities have been actively exploring and making great strides in the hope that full-process e-commerce can be opened up as soon as possible.

Earlier this year, Fujian Province pioneered the remote negotiation mode of government procurement, through the network to carry out government procurement activities remotely. The model relies on the Fujian Provincial Government Procurement System remote bid opening function to realize the suppliers remote decryption of bidding documents, through the Tencent conference software, TrafficMonitor, etc. to achieve online communication and full monitoring, effectively guaranteeing the suppliers and experts in the procurement activities in a compliant, safe and controllable online exchanges and quotations. in June, Zibo City, Shandong Province, innovatively launched a new model of decentralized bid evaluation within the city area In June, Zibo City, Shandong Province, innovatively launched a new model of decentralized bid evaluation within the city, supporting experts to select the evaluation site near the remote evaluation. July 5 this year, the Beijing Municipal Government Service Center operation service guarantee service consultation project in Beijing to open the bidding, participating in the project on behalf of the supplier does not need to rush to the trading center site, but sitting in their own office with the evaluation of the experts video consultation ......

In fact, the whole process of electronic technology in the technical aspects of the larger no longer exist! In fact, the whole process of electronic technology in the technical aspects there is no major difficulties, many system development companies are able to develop the appropriate systems and functions, but we are quite skeptical of the legal risks, which is also the implementation of the whole process of government procurement electronic one of the constraints. Government Procurement Law and its implementing regulations on the confidentiality of the expert evaluation, closed is a strict requirement, the expert if not in the designated place to evaluate, the lack of comprehensive and effective supervision and face legal accountability, which also allows us to the true meaning of remote remote review deterred. In this regard, some industry insiders have suggested that a relevant system be established to clarify the requirements of remote off-site evaluation for experts.

Machine code consistent

This year, on the three bidding documents show that the same machine code can be recognized as a collusion of bidding again into the vortex of controversy, can never be "finalized".

A practitioner said, the crux of the problem lies in the forensic difficulties. If the core content of the tender documents are indeed prepared and provided by the suppliers themselves, graphic store is just processing and organizing it to meet the requirements of the bidding documents format and form, then, on the basis of the production of the same machine code, the direct determination of the three suppliers of tender documents prepared by the same unit, obviously inconsistent with the facts. In the case of non-same unit preparation of bidding documents, can not be based on the "government procurement of goods and services bidding methods" (Ministry of Finance Decree No. 87, hereinafter referred to as Decree No. 87) "different bidders bidding documents prepared by the same unit or individual, as a crosstalk behavior," the provisions of the three suppliers constitute a crosstalk. As to whether the three suppliers really did not engage in bid-rigging as they stated, further investigation and evidence were required. Because the bidding is a serious violation of law, must be investigated by the public security departments, but the general crosstalk clues do not meet the conditions of the case, the financial sector can only be based on Decree No. 87, "deemed to be crosstalk behavior," the provisions of the investigation and processing.

The application of electronic systems in government procurement activities, so that specializing in the production of tender documents, to help suppliers who will not produce electronic tender. Regardless of the way to produce electronic tender documents, there may be different suppliers under the same project coincidentally commissioned the same tender document producer, or purchased the same tender document production software, resulting in the production of the same machine code phenomenon. How to prevent the bidding document production market breeding crosstalk behavior, is a new topic in front of the regulatory authorities. At the same time, to identify the production of machine code is consistent with the bidding behavior, to prevent the innocent supplier "lying shot", is also an urgent need to solve the problem of the regulatory authorities.

Property service evaluation

Property service evaluation, the lowest bid evaluation method and comprehensive scoring method which is better? This is still a question of "public opinion, the mother-in-law has a point".

One of the parties believes that the "Government Procurement Requirements Management Measures" Article 19 clearly stipulates that the procurement needs of objective, clear and uniform specifications, standards of procurement projects, such as general equipment, property management, etc., the general use of bidding or request for quotations for procurement, the price of the contract as the main consideration for awarding the contract, the use of a fixed lump-sum price or fixed unit price pricing method. The specifications and standards of property services are relatively uniform, and the lowest bid evaluation method should be used.

The other side argued that profit margins in the property industry are very low, many less than 5%. If tenders are invited for property services using the lowest-bid method, companies will have to suppress staff wages if they want to ensure industry profitability. At present, the service personnel in this industry are basically paid the social minimum wage, and many of them cannot even meet the minimum wage standard. At the same time, the property services identified as "technical, service standards," the procurement project to "one size fits all" in the property services government procurement projects using the lowest bid evaluation method, not only does not meet the demand for property services varies greatly, the standard is difficult to unify the objective reality, at the same time, it is also difficult to ensure that the property service demand is very different, the standard is difficult to unify. Objective reality, at the same time, it is also difficult to ensure that the effective achievement of government procurement needs, which in turn led to vicious competition.

Electronic stores

Today, basically have their own electronic stores around. However, the industry had thought that the eagerly awaited Order 110 is to help standardize the electronic stores, the results of reading the relevant provisions, but confused: electronic stores and framework agreement procurement in the end is not the same thing?

Here to make it clear that electronic stores and framework agreement procurement can not be confused. Framework agreement procurement is a statutory procurement method, electronic stores is an electronic trading platform, the framework agreement procurement does not specify the corresponding platform. In order not to impact on the basic mechanism of the framework agreement procurement, Order 110 does not generalize the electronic stores into the scope of the framework agreement procurement.

However, this does not mean that the framework agreement procurement and electronic stores have no intersection at all. If the operating mechanism of electronic stores in line with the provisions of Order 110, for example, a municipality for the centralized purchasing directory of items established in the electronic bazaar, then, it is both an electronic store, but also belongs to the scope of the framework agreement procurement; if the operating mechanism of the electronic stores do not comply with the provisions of Order 110, for example, most of the places set up by the electronic stores, it can only be an electronic store, and not the framework agreement procurement. Agreement procurement.

In addition, it should be emphasized that the establishment of the e-store is mainly to facilitate the purchaser to carry out centralized purchasing catalog outside the procurement under the limit of the procurement, and currently in practice, some localities and departments will be centralized purchasing catalog of the items included in the e-store, in fact, through the e-store to change the mode and procedures provided for in the legal system of government procurement, but also should be corrected.

Information systems procurement

At the beginning of the year, the "Xi'an one-code pass" incident has stirred up a thousand waves, but also to focus the public's attention to the issue of information systems procurement again.

When it comes to government information system procurement, all parties involved can't help but furrow their brows. Such procurement is a very complex project, and often face the following four problems.

One is the procurement requirements "do not know". Even people who have long been engaged in information technology-related work may not know this industry in particular, and information technology products are very fast. Second, compatibility into the "difficult" problem. Practice often occurs in this case: a unit of the first tender procurement information systems, attention to a lot of enterprises, and the offer is not high. Such projects are the first "set", and then rely on subsequent expansion of functionality, on-site services, such as profitability, after the enterprise won the bid, the use of the process there will be a lot of problems, the design of the functional modules is often difficult to match with the business, if you want to adjust, it will cost a greater cost of communication. Third, the system intellectual property belongs to unclear. Most of the government information systems intellectual property rights belong to the development of enterprises, some of the project is the purchaser and the enterprise both **** have. Fourth, data security is a concern. Government procurement information system, for example, is different from the general information reporting system, it is managed by both the government, but also the market, both carrying management functions, but also carrying the transaction function, but also includes a variety of functions, such as statistical analysis of big data. Some companies are willing to undertake such a project at a low price, partly because they want to master these data.

In this regard, the industry generally believes that there is an urgent need to revise the relevant methods previously introduced, and has put forward proposals to rationalize subcontracting and revise price scores.

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