Interpretation of "Notice of Sichuan Provincial People’s Government on Printing and Distributing Some Provisions on Further Regulating the Supervision and Implementation of Government Procurement"
Notice of the people’s Government of Sichuan Province on printing and distributing some provisions on further standardizing the supervision and implementation of government procurement
Suppliers participate in government procurement bidding
On April 26th, the People’s Government of Sichuan Province officially promulgated and implemented "Several Provisions of Sichuan Province on Further Standardizing Supervision and Implementation of Government Procurement" (hereinafter referred to as "Several Provisions"), which deepened the reform of government procurement system in Sichuan Province from three aspects and sixteen measures, such as deepening decentralization, strictly practicing legal procurement, and strengthening optimized supervision and management, which not only standardized procurement implementation, but also standardized procurement supervision. It not only emphasizes exercising rights according to law, but also emphasizes performing duties according to law. What impact and changes will the new regulations have on purchasers, suppliers and agencies in government procurement?
Change 1: Define the main responsibility of the purchaser.
Buyers need to establish and improve the internal control system of the whole process of government procurement in accordance with relevant regulations, and be their own masters. At the same time, it is necessary to establish and improve the inspection accountability mechanism. In order to better reflect the autonomy, purchasers should establish a government procurement training system and organize regular business training on government procurement policies. In addition, it is necessary to strictly prepare the government procurement budget, so that the money can be spent more clearly, and it is strictly forbidden to purchase without budget. At the same time, because the performance acceptance is an important link in government procurement activities, the purchaser needs to strengthen the performance acceptance. For government procurement projects that win the bid and have a turnover of more than 10 million yuan or are complex, inspection and testing institutions that have obtained qualifications according to law shall be invited to participate in the acceptance work.
Change 2: "internet plus" trend is better and stronger.
Our province should establish and improve the information disclosure mechanism covering the whole process of local government procurement. Fully disclose the key government procurement project information directly related to the procurement price and quality, such as procurement project budget, procurement documents, procurement process, review, procurement results, procurement contracts and performance acceptance. In particular, the government procurement regulatory information such as serious illegal and untrustworthy behaviors, bad behavior records, complaint handling or supervision and inspection decisions, and assessment results of procurement agencies will be fully disclosed. On the basis of punishing the illegal acts of the evaluation experts, the financial department strengthens the handling of the breach of contract of the evaluation experts, and takes the methods of suspending the evaluation, terminating the appointment, recording in bad records, etc., to form a strong supervision over the practice of the evaluation experts. At the same time, establish a reputation incentive mechanism for practicing evaluation experts.
Change 3: the agency project must have legal identity.
The "Several Provisions" have made clear requirements in determining the legal status of agencies and implementing various policies in actual operation. It is clear that all non-government procurement agencies shall not act as agents for government procurement. When a government procurement agency subcontracts a procurement project, it shall ensure the scientificity and rationality of subcontracting, and shall not subcontract the same procurement object, nor shall it merge different types of procurement objects into one procurement project, and then subcontract the procurement. Agencies need to fully implement the budget preparation and implementation policies and measures specifically for the procurement of small and medium-sized enterprises. For example, the implementation of small and micro enterprises (prison enterprises, welfare units for the disabled are regarded as small and micro enterprises) price deduction, energy-saving products, environmental labeling products, wireless LAN products review points and other priority procurement policies and measures.
Change 4: Bidding is easier and the "threshold" is lower.
The first is to streamline supplier materials. If the business license of a legal person or other organization, the identity certificate of a natural person, the tax and social security funds paid by the supplier according to law, records of major illegal acts, good business reputation, records of major credit information, etc. required by the supplier to participate in government procurement activities can be checked by means of departmental information sharing, supplier’s written commitment, credit record inquiry and social supervision, the supplier may no longer be required to provide relevant materials or certificates, and it is also prohibited to require the supplier to provide the original license. Secondly, in principle, the purchaser or procurement agency will no longer collect the deposit from the supplier, encourage the supplier to replace the deposit with the letter of guarantee, and reduce the capital occupation. The purchaser or procurement agency shall not refuse the legal letter of guarantee submitted by the supplier. (Reporter Li Yurong)