1. Clarify the status of the procurement acceptance link.
Article 41 of the Government Procurement Law stipulates: "The purchaser or the purchasing agent entrusted by him shall organize the acceptance of the supplier's performance. For large or complex government procurement projects, a state-recognized quality testing agency shall be invited to participate in the acceptance. Members of the acceptance party shall sign the acceptance letter and bear the corresponding legal responsibility." Therefore, acceptance of government procurement performance is legally indispensable. The government procurement management department should further clarify the statutory status of government procurement performance acceptance by increasing the publicity and enforcement of the Government Procurement Law and other laws and regulations, and incorporate it into the necessary procedures of government procurement. Specific regulations should be issued to clarify the duties of the personnel involved in acceptance. The centralized purchasing agency to handle procurement personnel and acceptance of personnel to implement a regular rotation system, to maximize the avoidance of clandestine operations. The skills training of the purchaser's acceptance should be strengthened, and random inspections should be conducted on a regular and irregular basis to test the quality of the purchaser's acceptance. Procurers should also establish government procurement acceptance files to increase the systematic management of acceptance work. The establishment of a sound and strict supervision and management system of procurement contracts, procurement contracts, procurement, procurement and acceptance of the implementation of the separation of each other, mutual constraints, and clarify the responsibilities of the staff of the various aspects of government procurement, to prevent acceptance, supervision, lack of acceptance, acceptance of standards and methods should be stated in the tender beforehand.
2, adhere to the combination of democratic management and public supervision.
Organization of government procurement project acceptance of the unit to have procedural constraints, and the implementation of government procurement projects, mass supervision system, publish the results of acceptance. Procurers should not only in the organization of acceptance to send staff representatives to participate, but also from the project design, information dissemination, bidding procedures and the implementation process, so that all cadres and workers in the unit have the right to participate in supervision and exercise the right to speak. Problems found should be reflected to the procurement management organization in a timely manner, private negotiation with the supplier to change the winning bid, the results of the transaction, resulting in loss of self-responsibility, the financial sector once found will refuse to pay the relevant payment, and supplier performance in the assessment. No valid reason to delay or refuse to receive, acceptance and payment and other violations of contractual agreements, should also bear the corresponding responsibility.
3. Improve the monitoring mechanism of unsuccessful suppliers.
Invite unsuccessful suppliers to participate in acceptance, on the one hand, can verify the fairness and rigor of government procurement, on the other hand, is also an effective means of strengthening the supervision of government procurement. Because the suppliers specifically participated in the project bidding activities, the project bidding process, construction procedures, configuration of the nuances have a more detailed understanding, especially the use of suppliers of professional knowledge, industry know-how is more able to play its effective monitoring role, which is also a better supervision of the acceptance process. If the acceptance of the expected results, can let the supplier of the fairness of the tender heart, while participating in the future bidding and have a great role in guiding.
4, the establishment of a sound supplier assessment and registration system.
For different degrees of dishonest behavior, the development of different penalties, in the acceptance of the link found in the supplier to provide products in violation of the Product Quality Law and other relevant laws and regulations, the transfer of industry and commerce, quality supervision, and other administrative organs, according to law, the implementation of administrative penalties. Establishment of integrity file management system, improve the market credit system of government procurement.
First, the establishment of supplier qualification access system. Purchasers, procurement agencies to meet the reasonable needs of purchasers as the premise of the suppliers involved in government procurement activities for procurement market access qualification review, in particular, the supplier's compliance with the law, business reputation, performance performance, the ability to pay taxes in accordance with the law, and other basic conditions to focus on the review, the purchasing agency will be qualified suppliers included in the supplier pool. The procurement agency will include qualified suppliers in the supplier pool. Suppliers with bad behavior in the course of performance will be prohibited from participating in government procurement activities for a certain period of time, to ensure that suppliers with "good reputation, promise-keeping, good quality and excellent service" enter the procurement market under the same conditions and enjoy non-discriminatory and non-discriminatory treatment to carry out fair competition in the procurement market, to avoid irregularities and illegal behaviors of the purchaser in the procurement process, to purify the procurement market, and to prevent the purchaser from being involved in the procurement of products. Illegal behavior, purify the procurement market, in order to ensure the efficiency and quality of government procurement, safeguard the national interest and public interest.
The second is to establish a sound supplier integrity file. Government procurement agencies to participate in government procurement activities of all suppliers to comply with the law, fulfill the contract, complaints and other integrity status of the detailed registration and filing, so as to facilitate the government procurement supervision departments to strengthen supervision. To continuously assess the supplier's integrity rating, integrity level, service attitude, quality of supply, completion of the time limit, qualification level, enterprise scale, financial status, etc., to establish a mechanism for the survival of the fittest, and constantly absorbing fresh blood, eliminating those who do not meet the requirements, to maintain the vitality and vigor of the supplier group.
Third, the establishment of supplier performance quality guarantee system. The establishment of supplier performance bond system is to protect the interests of the purchaser one of the basic measures, it can be used as an economic means to constrain suppliers, urge suppliers to fulfill their obligations according to the contract. In accordance with the "Government Procurement Law", "Contract Law" of the relevant provisions, in order to protect the legitimate rights and interests of the parties involved in government procurement, government procurement contracts should be clear that the two sides agreed to the payment of performance bond standards, payment methods and return methods, clear rights and obligations of the two sides and the responsibility for breach of contract. Government procurement supervision departments should strengthen the purchaser and the successful bidder, the contracted supplier performance tracking and supervision, to promote its good faith and abide by the contract, to ensure that the government procurement products are good, high quality, excellent service, to maintain the social credibility of government procurement and good image.
5, the establishment of professional acceptance organization.
To regulate the acceptance of public **** procurement contracts, the requirements must have a fair third-party acceptance of the rules of procedure, the requirements of the main acceptance shall not be the original procurement staff, in order to avoid the emergence of collusion and other violations of discipline. This approach would be more over-the-top and impartial. However, China's Government Procurement Law provides that acceptance can be carried out by the procurement agency commissioned by the purchaser, or by the purchaser itself, and the law does not stipulate that interested parties must be disqualified in the acceptance process. There are various supervisory bodies involved in government procurement supervision, such as auditing, disciplinary inspection and supervision, but they are not comprehensive enough, and their supervision is limited to the bidding process, which does not allow for the formation of effective checks and balances on the acceptance of government procurement projects. Can envisage the establishment of government procurement supervision and management committee, under a full-time professional acceptance body, should be composed of the following personnel: the purchaser or its commissioned procurement agency personnel, quality testing agency personnel, supplier representatives, representatives of the government procurement management department, in addition, if necessary, can also be invited to participate in the acceptance of representatives of the disciplinary inspection department. We should be based on different acceptance of the subject matter of the establishment of different acceptance group, the technical acceptance of the technical staff required to choose to "tailor-made" to avoid acceptance of the link "vacuum" hidden danger.
6, strengthen the contract terms of the responsibility for breach of contract.
Because acceptance is an indispensable part of government procurement, and is an important part of the procurement behavior of the final gatekeeper, if there is a mistake in this link, will inevitably bring irreparable losses to the entire procurement process. Therefore, it is necessary to establish a strict disciplinary constraints, standardize the acceptance of the staff's work attitude and behavior. First, the acceptance results do not meet the contract agreement, the supplier should be notified of the deadline to meet the requirements of the contract agreement. At the same time, the acceptance results shall be reported to the government procurement management department. The supplier shall be liable for any loss caused to the purchaser. Second, the acceptance results and the procurement contract agreement is not fully consistent, but does not affect the safety, does not reduce the use of the requirements and functions, and to change the really difficult, by consensus and approved by the relevant competent authorities can be negotiated to accept a price reduction. Thirdly, at the end of the acceptance, each acceptance officer should sign the final acceptance document, and everyone should be responsible for their own behavior. The malfeasance and dereliction of duty of the acceptance personnel are penalized according to the severity of their mistakes. For those who are in collusion with unscrupulous suppliers and accept bribes resulting in significant losses to the state and the unit, they will be punished in accordance with the relevant regulations, and if they constitute a crime, they will be transferred to the judicial authorities for processing.
7, people-oriented, improve the overall quality of procurement staff.
Government procurement projects to improve the acceptance of the link key in the people, therefore, one is to strengthen the ideological education. Adhere to the people-oriented, improve and optimize the ideological and moral construction of procurement practitioners, improve the ideological awareness, a deep understanding of the necessity and importance of government procurement project acceptance. Second, strict access system. Government procurement practitioners must undergo public recruitment and strict examination to determine the qualifications of its access, procurement units to select a strong sense of responsibility, can adhere to the principle of strong business capacity, so that the project quality supervision to master the norms and accuracy, supervise the implementation of the norms of the staff to complete the work of the government procurement-related business work on the ground. Third, strict training and rewards and punishments. Continuously strengthen the professional ethics of government procurement personnel, business skills, laws and regulations of education and training, the implementation of the assessment of the induction system to improve the overall quality of the procurement team. At the same time, supplemented by strict discipline and fair reward and punishment, the formation of the habit of doing things according to the law, and resolutely eliminate the root cause of rent-seeking rights in government procurement.