Problems and Suggestions in Government Procurement Work

Legal analysis: (1) The government procurement budget is not rigorous enough. Although the government procurement budget and departmental budget are compiled simultaneously, due to the small amount of government procurement and other reasons, the procurement budget of the budget unit is relatively single, and the public expenditure items are not detailed enough, so it is difficult to grasp the government procurement work throughout the year, which is somewhat arbitrary. Leading some units to change the items included in the government procurement budget without authorization, affecting the seriousness of the government procurement budget; The professional quality of budget personnel in a few units is uneven, and they don't understand the planned procurement projects and the situation is unknown, which leads to passive government procurement and affects the smooth progress of government procurement budget activities. (2) The qualification examination of suppliers is not strict enough. The purchaser shall strictly examine the legal conditions that suppliers should meet in participating in government procurement activities according to law. However, in the process of procurement, some suppliers may obtain the qualification of government procurement suppliers through fraud, forgery of materials, and affiliation with qualified companies, so as to win the bid. In order to seek personal gain, some government procurement personnel let some unqualified enterprises enter the supplier information database or provide them with opportunities to participate in specific projects. (three) the complaint is not handled properly. Some government procurement agencies and purchasers may respond negatively to suppliers' inquiries and perfunctory; Some repeatedly make excuses and shirk their responsibilities; Some ignore it and hand over the contradictions. The fundamental reason for these phenomena is that government procurement managers and participants are lax in checking government procurement projects, lax in organization, lax in evaluation, ineffective in law enforcement and indifferent in sense of responsibility.

Legal basis: People's Republic of China (PRC) Government Procurement Law.

Article 22 Suppliers participating in government procurement activities shall meet the following conditions:

(1) Having the ability to bear civil liability independently;

(2) Having a good business reputation and a sound financial accounting system;

(3) Having the necessary equipment and professional technical ability to perform the contract;

(4) Having a good record of paying taxes and social security funds according to law;

(five) in the three years before participating in government procurement activities, there is no major illegal record in business activities;

(6) Other conditions stipulated by laws and administrative regulations.

The purchaser may specify the specific conditions of the supplier according to the special requirements of the procurement project, but shall not discriminate or exclude the supplier with unreasonable conditions.

Article 23 A purchaser may require suppliers participating in government procurement to provide relevant qualification certificates and performance data, and conduct qualification examination of suppliers according to the supplier conditions stipulated in this Law and the specific requirements of procurement projects for suppliers.

Twenty-fourth more than two natural persons, legal persons or other organizations can form a consortium to participate in government procurement as suppliers.

Where government procurement is conducted in the form of a consortium, all suppliers participating in the consortium shall meet the conditions stipulated in Article 22 of this Law, and shall submit a joint agreement to the purchaser, stating the work and obligations undertaken by all parties to the consortium. The parties to the consortium shall * * * sign a purchase contract with the purchaser and bear joint and several liabilities for the matters agreed in the purchase contract.

Twenty-fifth parties to government procurement shall not collude with each other to harm the national interests, social and public interests and the legitimate rights and interests of other parties; Other suppliers shall not be excluded from the competition in any way.

The supplier shall not bribe the purchaser, the procurement agency, the members of the bid evaluation committee, the members of the competitive negotiation team and the members of the inquiry team, or take other improper means to win the bid or clinch a deal.

A procurement agency shall not seek illegal interests by bribing the purchaser or other improper means.