Government Procurement In 2000, under the leadership of the party committees and governments at all levels, the financial sector to implement the government procurement system as a deepening of the financial expenditure management reform, the establishment of public *** financial system to meet the requirements of the development of the socialist market economy to grasp the important initiatives, both in the system of government procurement, or in the expansion of the scale and scope of government procurement and so on, than in previous years, there has been a breakthrough. Some results have been achieved. The relevant information is reported as follows:
I. Basic situation of procurement activities
According to the statistical statements reported by 30 regions and central units across the country, the national government procurement in 2000 amounted to 32.79 billion yuan, an increase of about one and a half times over the previous year. The savings amounted to 4.25 billion yuan. Among them, budget funds saved 2.57 billion yuan, a savings rate of 11.6 percent.
1, from the composition of funds, budget funds procurement of 22.1 billion yuan, accounting for 67% of the total procurement funds. Among them, local 19.4 billion yuan, the central government 2.7 billion yuan. Self-financing procurement of 10.7 billion yuan, accounting for 33% of the total procurement funds. Among them, local 10.4 billion yuan, the central government 300 million yuan.
2, from the regional situation, the procurement scale of more than 1 billion yuan more than nine regions, the procurement scale of these regions 19.6 billion yuan, accounting for 60% of the country. Among them, Shanghai, Jiangsu, Guangdong, Liaoning, Shandong and other regions are more than 2 billion yuan; procurement scale between 1-2 billion yuan in Beijing, Heilongjiang, Zhejiang, Yunnan and other regions.
3, from the composition of the project, the government procurement program is mainly a variety of goods procurement, followed by engineering procurement and service procurement. The proportion of these three major types of procurement in government procurement is 67%, 23% and 10% respectively.
4. From the point of view of procurement items, most of them are concentrated in automobiles, computers, photocopiers and some other large general-purpose products. 2000, the national government procured 39,582 automobiles, of which 19,162 were minibuses, and 212,399 computers. The total amount of the two purchases, accounting for about 20% of the total size of the annual government procurement.
Second, the local government procurement agency construction
2000 around the government procurement agency construction has been basically completed. Local governments have set up government procurement management organizations and government procurement executive agencies in provincial finance departments.
1. Setting up of government procurement management organizations. After the provincial institutional reform, local government procurement management functions are all assumed by the finance department, and accordingly set up or clarify the administrative functions of the organization. Among them: 19 provinces have set up government procurement management organizations at the division level within the Department of Finance (Bureau); 9 provinces have government procurement management organizations co-located with the Treasury Department; and 3 provinces have government procurement management organizations co-located with the Budget Department and the Administration and Law Department.
2. Government procurement executive agencies. In accordance with the principle of separation of procurement management and procurement implementation, the establishment of government procurement management agencies in various places at the same time, but also the corresponding establishment of government procurement executive agencies responsible for centralized procurement affairs. In addition to Hebei and Hunan Government Procurement Center in the provincial authorities, the vast majority of provinces are located in the financial sector. In Jilin Province, a procurement center is set up in the finance department and one in the provincial organ affairs administration. Government procurement centers are public institutions, with full funding and self-supporting funding in two forms. The staffing of government procurement centers around the world are generally more than 10 people, of which, Beijing and Shanghai staffing are 50 people. Government Procurement We should establish a government procurement system suitable for China's national conditions on the basis of international practice and from the existing relevant laws, regulations and policies in China. Specifically, improve the government procurement system should be mainly from the following two aspects:
1, strengthen the government procurement legislation, the establishment of the legal system of government procurement
From the international point of view, all the implementation of the government procurement system of countries and regions, in order to regulate the behavior of the government procurement and improve the operation mechanism of the government procurement, have formulated a series of laws and regulations on the government procurement system, these regulations and policies to ensure that several objectives of government procurement. These regulations and policies play an important role in ensuring the realization of several objectives of government procurement. The history of government procurement in China is short, and there is no law on government procurement, thus many problems have arisen in procurement, which is not conducive to the development of procurement activities. Considering that the legal system of government procurement is at the center of the whole government procurement system, it is imperative to formulate a government procurement law in China as well as relevant supporting regulations.
In the development of China's government procurement law, on the one hand, should be based on national conditions, while combining international practice to determine; on the other hand, in the procurement behavior of the norms and management should be conducive to the formation of financial dominance of this work. Specifically, China's government procurement law should include:
(1) the scope of application. The scope of application of China's government procurement system should be determined for the use of financial funds of various types of administrative institutions.
(2) the determination of procurement methods or procedures. From the point of view of China's situation should choose to competitive bidding procurement methods, other procurement methods as a supplement to the structure.
(3) procurement should follow the principle. Mainly includes the principle of effective competition, the principle of justice, the principle of fairness and so on.
2, accelerate the construction of China's government procurement management system
International government procurement model is broadly of three types: a centralized procurement model, by the financial sector or another specialized department responsible for all the purchases of the government at this level; a decentralized procurement model, by the various spending units to purchase on their own; a semi-centralized and semi-decentralized procurement model, by the financial sector or A specialized agency is directly responsible for the procurement of some commodities, while other commodities (mainly low-value and special commodities) are procured by the expenditure units themselves. From the point of view of our country's situation, we should implement a semi-centralized and semi-decentralized model. For the centralized part of government procurement, through the establishment of a specialized agency such as the government procurement center to organize, thus conducive to the formation of procurement scale, saving financial resources, and is conducive to speeding up the formation of the government procurement market; for the decentralized part of government procurement, by the spending units to carry out on their own, but must comply with the relevant government procurement laws and regulations and policies.
"High-priced" government procurement behind the frequent emergence of
Some local governments "sunshine procurement" frequently triggered controversy: Changsha Municipal Bureau of Industry and Commerce office building air-conditioning system installed in the bidding price of 1.09 million yuan, but the settlement price is as high as 8.75 million yuan, more than 8 times higher than the price.
Some local governments' "sunshine procurement" often causes controversy. Another government procurement project in Changsha City, the actual settlement price is 10 million yuan higher than the published price. Prior to this, the relevant government departments in Kunming were exposed to collective "high-priced procurement", and Changchun City, the purchase of a computer close to 30,000 yuan ...... this for the introduction of competition, saving expenditure on government procurement, in fact, what "disease"! "The first time I've seen a computer, I've seen a computer.
Settlement price 8 times higher than the winning bid: "sunshine procurement" has subterfuge
In the Changsha Municipal Bureau of Industry and Commerce office building construction, there are more than a dozen government procurement projects, the actual settlement price is much higher than the winning bid. Among them, the building's air conditioning system installation bidding price of 1.098 million yuan, the settlement price is as high as 8.755 million yuan, eight times higher. This incident, the local several retired cadres to the provincial discipline inspection committee, the provincial industrial and commercial bureau and other departments of the real name report, but according to the reporter, until now there is still no check to find out.
Changsha City, there is also a waste sewage treatment project, the government procurement of the winning bid publicized price of 53.46 million yuan, but the actual settlement price is at least tens of millions of dollars higher than the winning bid, which caused the audit department concerned.
A reporter's investigation found that after the opening of the bidding for this project, a number of bidding companies questioned the bidding procedures for alleged irregularities. According to participate in the bidding of the Beijing Tian Tian Ren Environmental Protection Science and Technology Co., Ltd, the bidding announcement had stipulated that "the project set the upper limit of the bidding price, the upper limit of the bidding price in the opening of the bidding within 7 days prior to the bidding to notify the bidders in writing." However, 3 days before the opening of the bidding, the bidding party suddenly canceled the bidding ceiling value. They ostensibly won the bid at a lower price, but secretly settled for a price much higher than the winning bid.
Compared with the "low and high" bidding technique, the "high price" procurement of daily office expenditures is easier to detect. Kunming Finance Bureau, Discipline Inspection Commission and the Public Security Bureau and other departments were exposed to collective "high price" procurement. Kunming City Bureau of Finance procurement of 4 servers, 68 desktops, 8 laptop computers, the transaction price of more than 570,000 yuan, about double the market price. Intermediate People's Court of Kunming City, purchasing 125 notebook computers, each 6760 yuan, while the winning model market price of 5099 yuan, a single business than the normal price of 210,000 yuan ......
But in the face of all the questions, the relevant departments in Kunming City, the person in charge is not convinced. Chen Yifan, director of the Government Procurement Office of the Kunming Municipal Organ Affairs Administration, explained: "We promise that the procurement will never be a backroom operation. The Municipal Finance Bureau, Audit Bureau and Supervision Bureau are all our supervisory units." He said the government procurement in Kunming is carried out in accordance with legal procedures, and the information is "open, fair and transparent" and "sunshine procurement".
In Kunming exposed office supplies "high price" before the purchase, Changchun City, a department of government procurement list, also appeared nearly 30,000 yuan of a computer. In the face of questions, Kunming and Changchun departments have given the same "answer": buy high-configuration equipment is "work needs".
"What work needs? Some local government procurement bidding, than not the price, not quality, but the relationship." Participated in government procurement in Kunming City supplier Li said, "to buy things a little second, the supplier to earn a little, kickbacks to take a little" is some of the local government procurement of the "three points" law. A small number of public officials responsible for procurement and suppliers will even "**** seek" to earn a price difference.
Approval, bidding, announcement: ring all have "loopholes"
Ministry of Finance figures show that the scale of China's government procurement has maintained a rapid growth trend, in 2002 for 100.96 billion yuan, in 2009 exceeded 700 billion yuan. Ministry of Finance sources admitted: due to the late start of the reform of the government procurement system, there are problems of inadequate supervision.
"Supervision is not in place, specifically reflecting the approval off, bidding off and announcements off have loopholes, so that some places of supervision in effect." Fu Dazhong, a researcher at the Jilin Academy of Social Sciences, said.
In the "approval barrier", some functional departments "both as a referee, but also as a player". Experts said that in the procurement process of the Kunming City Finance Bureau, the Finance Bureau is both the procurement needs of people, but also the approval of people, or supervisors, the role of the intersection makes the Finance Bureau to effectively fulfill the supervision function has been questioned.
In the "bidding off", some places just go through the process, but in fact there are a lot of tricks. Hunan a number of years involved in government procurement vendors said that, due to lack of supervision, they have repeatedly encountered some local government purchasers to disclose the bidding in advance to "their own people", the partnership to discuss the "bidding", "accompanying bidding "It has long been no secret that in some places there are even a few companies monopolize the situation of government procurement for a long time.
According to the informed bidding enterprises to the reporter, in Changsha City, higher than the winning bid price of tens of millions of yuan of government procurement events, the opening of the bidding 3 days before the sudden cancellation of the offer ceiling value, obviously contrary to the law on bidding and tendering. According to the law, this situation should be notified to all bidders in writing at least 15 working days before the bid opening. Not only that, the Changsha Municipal Government Procurement Office received the complaint, although the violation was found to be true, but dismissed the complaint on the grounds that "it does not affect the bidding results". Thereafter, the parties concerned then applied for administrative reconsideration to the provincial authorities, which requested the city to "make a new decision on the handling of the complaint". This time Changsha City Procurement Office quickly re-determined that "the procurement activities illegal", but at this time nearly six months from the public announcement of the winning bid, the procurement has been completed, the fact that the transaction can not be corrected.
The last process of government procurement is the "announcement off", which is meant to be open for social scrutiny. Hunan law expert Chen Jieren said, like Kunming and Changchun "high" procurement, only simple announcement of the bidding results, not open before, during the situation, the public is difficult to find out the "Road", supervision is also impossible to talk about.
Three-dimensional supervision: so that the "subterfuge" nowhere to hide
According to China's Administrative System Reform Research Association, Secretary General Wang Yukai and other experts, China's government procurement law since its implementation in 2003, has not been issued the relevant implementation details, there are some legal blind spots for some of the "gray transactions". "Gray transactions" provides an opportunity to take advantage of, resulting in "sunshine procurement" is not "sunshine", and even breeding corruption. To stop the government procurement in the "crooked wind", should be in the system and procedures on the "leakage", as soon as possible the introduction of government procurement law implementing regulations.
In the system of "fill the gap" under the premise, but also should be allowed to participate in public supervision of government procurement, to change the drawbacks of the previous single administrative supervision model.
In order to prevent "procurement corruption" occurs, Yantai City, Shandong Province, to explore the establishment of procurement prior demand demonstration system, saving a lot of financial budget funds. Yantai City, a digital city management system project, the purchaser proposed a budget of more than 40 million yuan, but after the participation of all parties involved in the prior demonstration, the budget was eventually "cut" in half.
"Practice has shown that the introduction of social supervision is essential in the financial approval process." Fu Dazhong and other experts believe that the financial sector should be government procurement budget details on the website and media announcements, if the public has objections, to absorb the experts and other re-investigation, or hold hearings, to effectively circumvent the "approval off" in the abuse of power behavior.
Announcements can't be "sued" either. Wang Yukai and others said that in addition to public supervision, the audit and supervision authorities should increase the process of supervision and inform the public of the results in a timely manner to win the trust of the people.
"It is recommended that those responsible for various aspects of government procurement be publicized to the public." Wang Xuejie, dean of the Hunan Provincial Party School School of Administration, said that only strict supervision and disciplinary mechanisms, "sunshine procurement" can be true to its name.