Q1:Can government purchase services be used for financing provided by the government to non-financial institutions?
Answer: No, it can't. In some places, debt financing in the name of government-purchased services, illegal expansion of the scope of government-purchased services, exceeding the management authority, extending the term of the purchase of services and other issues, aggravating the financial risks.
Legal basis:
Article 10 of the Measures for the Administration of Government Purchase of Services (Ministry of Finance Decree No. 102): The following shall not be included in the scope of the government purchase of services: (a) services that do not fall within the scope of the government's responsibilities; (b) matters that should be performed directly by the government; (c) government procurement of goods and services provided for in laws and administrative regulations; (d) the purchase of goods and services provided for in laws and administrative regulations. Laws and administrative regulations of goods and works, as well as projects and services packaged projects; (d) financing; (e) the main body of the purchase of personnel recruitment, employment, labor dispatch mode of employment, as well as the establishment of public welfare positions and other matters; (f) laws and administrative regulations and the State Council shall not be the content of the government to purchase services.Q2: the government to buy services can be "a tender, three years the same"?
Answer: Yes, it is possible. Suggested in the procurement documents, "one year from the date of signing the contract, the project to take a tender for three years, the implementation of a one-year assessment of a contract." "Three years from the date of signing the contract" and so on.
Legal basis:
"Government Purchase of Services Management Measures" (Ministry of Finance Decree No. 102), Article 24: the general period of performance of government purchase of service contracts does not exceed one year; under the premise of budgetary safeguards for the purchase of the content of the relatively fixed, continuity of the government purchase of service projects, the source of funding, stable, small changes in price Service projects, can be signed for a period of performance of not more than three years of government purchase of service contracts.Q3: urban street light upgrading and maintenance of government-purchased services?
Answer: No. The Ministry of Finance has issued a document which states that the government can purchase services for the upgrading and maintenance of street lights in urban areas. The Ministry of Finance has issued a document, it is strictly prohibited through the government to purchase services in the form of purchasing goods, engineering construction.
Legal basis:
"Ministry of Finance on resolutely stopping local illegal financing in the name of the government to buy services notice" (Cai Bui [2017] No. 87):Strictly in accordance with the "Chinese People's Republic of China *** and the State Government Procurement Law" determined the scope of the services to be implemented by the government to buy services, shall not be the raw materials, fuel, equipment, products and other goods, as well as new construction, alteration, expansion of buildings and structures and their related renovation, demolition, repair and other construction works as government-purchased services. Railroads, highways, airports, communications, water, electricity and gas, as well as education, science and technology, health care, culture, sports and other areas of infrastructure construction, reserve land development, agricultural water conservancy and other construction projects as a government-purchased service projects is strictly prohibited. Strictly prohibit the construction works and services packaged as a government-purchased services. Strictly prohibit financial institutions, financial leasing companies and other non-financial institutions to provide financing behavior into the scope of government procurement services. Government construction projects do need to use financial funds, should be in accordance with the "Chinese People's *** and the State Government Procurement Law" and its implementing regulations, "Chinese People's *** and the State Bidding Law" standardized implementation.Q4: no additional government procurement projects, but also audit?
Answer: Whether or not the audit has nothing to do with the additional, the auditing authority can be fully based on the need to implement the audit supervision rights.
Legal basis:
Article 68 of the Government Procurement Law The auditing authority shall conduct audit supervision of government procurement. Government procurement supervision and management departments, government procurement activities of the parties concerned, shall be subject to audit supervision by the audit authorities.Q5: public welfare institutions need to open a special service hotline, to take the government procurement services?
Answer: No, a public service category of institutions is not the main body of government procurement services. The project should be a government procurement service, the unit can use the service outsourcing mode to apply for government procurement services.
Legal basis:
"Government Purchase of Services Management Measures" (Ministry of Finance Decree No. 102) Article VIII public welfare category of public institutions, the use of public institutions and the use of public institutions and organizations guaranteed by the financial allocations, not as the main body of the government to purchase services and the main body of the contract.Q6:What are the types of administrative sanctions provided for in the Government Procurement Law?
Answer: Administrative sanctions are administrative organs within the superior to the subordinate, the supervisory organs or personnel departments of the violation of discipline of the public servants given in accordance with the law of disciplinary action, is the administrative organs of the state civil servants intentionally or negligently violated the lawful rights and interests of administrative counterparts of the implementation of the legal sanctions. Administrative sanctions are divided into warning, demerit, demerit, demotion, demotion, dismissal of six, "Government Procurement Law" in the clear "to give sanctions, and notification", "sanctions according to law" provisions.
Legal basis:
"Government Procurement Law" Article 70 _ purchasers, procurement agencies have the following circumstances, ordered to make corrections within a certain period of time, to give a warning, may be fined, to the directly responsible person in charge of other directly responsible persons, by the competent administrative department or the relevant authorities to give sanctions, and notified ( (A) should be used in the form of open tendering and unauthorized use of other means of procurement; (B) unauthorized increase in procurement standards; (C) to unreasonable conditions for the implementation of differential or discriminatory treatment of suppliers; (D) in the bidding and procurement process with the bidders in the negotiation process; (E) the successful bidder, the notice of the transaction is issued without signing a procurement contract with the successful bidder, the successful supplier (vi) refusal of the relevant departments to carry out supervision and inspection in accordance with the law.Q7:In order to better implement the self-procurement, the purchaser how to develop internal control management system?
Answer: The Ministry of Finance on strengthening the internal control management of government procurement activities of the guiding opinions (Caiku [2016] No. 99) provides that the purchaser of government procurement internal control system, including budgetary planning, demand put forward and determined, procurement methods and agents to choose, and internal management and supervision. Government procurement internal control and management system is legal mainly to see: "the law of government procurement" whether to comply with the provisions of the law; "with reference to the law of government procurement" whether there are rules and constraints. Internal management system is reasonable and lawful, by the purchaser in accordance with the relevant laws and systems, their own judgment can be submitted to the relevant departments (finance, discipline inspection, supervision) for the record.
Legal basis:
"Ministry of Finance on strengthening the internal control of government procurement activities management guidance" (Caiku [2016] No. 99) provides that the purchaser should do a good job of the government procurement business of the internal management and management of the affiliated units, a clear internal working mechanism, focusing on the strengthening of the procurement requirements, policy implementation, information Publicity, performance acceptance, evaluation of results and other management.Q8: Is the Government Procurement Law applicable to emergency procurement due to severe natural disasters?
Answer: The manner and procedures stipulated in the Government Procurement Law are not applicable. In 2020 to support the fight against the new crown epidemic prevention and control of emergency procurement, the General Office of the Ministry of Finance has issued a series of "on the epidemic prevention and control of procurement facilitation notice" (CaiBanKu [2020] No. 123), "on the epidemic prevention and control during the conduct of government procurement activities of the notice" (CaiBanKu [2020] No. 29), pointed out that control of the procurement of goods, works and services required as well as the purchase of imported materials
Legal basis:
The Circular of the General Office of the Ministry of Finance on the Facilitation of Procurement for Epidemic Prevention and Control (CaiBanKu [2020] No. 23) stipulates that, a. State organs, institutions and organizations at all levels (hereinafter referred to as the purchasing unit) that use financial funds to purchase goods, works and services related to epidemic prevention and control shall To meet the needs of epidemic prevention and control work as the primary goal, the establishment of procurement "green channel", may not implement the provisions of the Government Procurement Law and procedures for the procurement of imported materials without approval. Second, the procurement unit should establish and improve the internal control mechanism of emergency procurement to ensure that the procurement of time, while improving the efficiency of the use of procurement funds to ensure the quality of procurement. Third, the procurement unit should strengthen the epidemic prevention and control of procurement projects procurement documents and vouchers management, retained for inspection. Fourth, any unit or individual found that the procurement unit and procurement staff have favoritism and other violations of law and discipline, should be promptly reported to the same level of the financial sector or the relevant departments.Q9: Procurement activity records to cover what?
Answer: Records of procurement activities, including: the type and name of the procurement project; procurement project budget, financial resources and contract price; procurement methods, the use of procurement methods other than open tendering, the reasons should be set out; invitation and selection of suppliers and the reasons for the conditions; evaluation of bidding criteria and determine the reasons for the winning bidder; the abolition of the bidding Reasons; the use of procurement methods other than tendering the corresponding records.
Legal basis:
According to the "Government Procurement Law" Article 42, paragraph 3, the record of procurement activities shall include at least the following: (a) the type and name of the procurement project; (b) the procurement project budget, the composition of the funds and the contract price; (c) the procurement method, the use of open tendering (C) the procurement method, the use of open tendering, other than the procurement method, shall set out the reasons; (D) the conditions and reasons for the invitation and selection of suppliers; (E) the evaluation criteria and the reasons for the determination of the winning bidder; (F) the reasons for the abolition of the bid; (G) the use of procurement methods other than tendering the corresponding records.Q10: What is meant by "force majeure" in the common form text "in addition to force majeure factors"?
Answer: Force majeure factors refers to the conclusion of the contract the parties can not foresee, can not be avoided and can not be overcome by objective circumstances. Mainly include the following: natural disasters, such as typhoons, earthquakes, floods, hail; government action, such as expropriation, requisition; social events, such as strikes, riots.
Legal basis:
Article 180 of the General Principles of Civil Law, due to force majeure can not fulfill the civil obligations, do not bear civil liability. If the law provides otherwise, in accordance with its provisions. Force majeure refers to the unforeseeable, unavoidable and insurmountable objective circumstances.