Why does its products have the best, but they have repeatedly lost to their unknown peers in bidding? Why are the procurement needs clear and the procedures are fair, but the leaders criticized the "low quality and high price"? Why are carefully organized and standardized processes repeatedly frustrated by questioning and complaining? Let’s learn about common questions about government procurement.
1. The "Government Procurement Law" applies to the demolition of shanty town houses? Or " Bidding and Bidding Method "?
Answer: The demolition of shanty town houses is an independent "demolition" behavior, has nothing to do with new construction, reconstruction or expansion, and does not belong to construction projects. Therefore, the "Government Procurement Law" should be applied to the demolition projects in shantytowns, but not the "Tendering Law", and can only be purchased through competitive negotiations, competitive negotiations or single source methods.
Legal basis:
Article 7 of the "Regulations on the Implementation of the Government Procurement Law" Government procurement projects and goods and services related to engineering construction shall be purchased by bidding, and the " Bidding Law of the People's Republic of China " and its implementation regulations shall be applied; if other procurement methods are purchased, the Government Procurement Law and these regulations shall be applied. The project in the preceding paragraph refers to construction projects, including the new construction, reconstruction, expansion of buildings and structures, and their related decoration, demolition, and repairs, etc.
The Treasury Department of the Ministry of Finance "Reply on the Application of Legal Issues in Government Procurement Projects":
(安全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全�
2. Is drug procurement in the health department a government procurement?
Answer: Finance Department budget arranged for the health and health department for drug procurement, such as schistosomiasis prevention and control drugs, which belong to government procurement.
Legal basis:
Article 2 of the Government Procurement Law stipulates that government procurement refers to the act of state organs, public institutions and groups at all levels to use fiscal funds to purchase goods, projects and services within centralized procurement catalogue or above the procurement limit standard formulated in accordance with the law.
3. Is the advertising demolition project a project or a service?
Answer: The project referred to in the Government Procurement Law refers to a construction project. Advertising demolition does not belong to the project or the goods or services related to the construction of the project, and should belong to services other than the project and goods.
Legal basis:
Article 7 Paragraph 2 of the "Regulations on the Implementation of the Government Procurement Law" The project referred to in the preceding paragraph refers to construction projects, including the new construction, reconstruction, expansion of buildings and structures and their related decoration, demolition, and repairs; ...
Article 2 Paragraph 7 of the "Government Procurement Law" The services referred to in this law refer to other government procurement objects except goods and projects.
4. Do government procurement policies need to be implemented for project bidding?
Answer: If a government procurement project is tendered and tendered, the "Tendering Law" shall be applied, but the government procurement policy must still be implemented.
Article 4, paragraph 3 of the " Bidding Law Implementation Regulations " clearly stipulates that the financial department supervises the budget implementation of government procurement engineering construction projects that implement bidding and tendering in accordance with the law.
Legal basis:
Article 7 Paragraph 3 of the Implementation Regulations of the Government Procurement Law Government procurement projects and goods and services related to engineering construction shall implement government procurement policies.
5. Public hospitals raise funds to purchase equipment, who is the regulatory department?
Answer: The Government Procurement Law and its implementation regulations have clear provisions on government procurement entities, sources of funds, and procurement targets.Public hospitals are public institutions, and all funds, including self-raised funds, must be included in budget management and are financial funds. Public hospitals use self-raised funds and financial allocated funds to purchase goods within the government procurement catalog or outside the government procurement catalog and above the limit standards. The regulatory department is the financial department at the same level.
Legal basis:
Article 2 Paragraph 2 of the Government Procurement Law Government procurement referred to in this Law refers to the act of state organs, public institutions and groups at all levels to use fiscal funds to purchase goods, projects and services within the centralized procurement catalog formulated in accordance with the law or above the procurement limit standards. Article 13 The financial departments of people's governments at all levels are departments responsible for government procurement supervision and management, and perform their supervision and management responsibilities for government procurement activities in accordance with the law.
6. Do government procurement have to publicly purchase budget? Is it illegal to not disclose the procurement budget?
Answer: must be public. The purchaser or procurement agency shall publicly purchase the budget amount of the project in the procurement documents, otherwise they shall bear legal liability. The budget amount of the procurement project is based on the government procurement budget in the department budget approved by the finance department.
Legal basis:
Article 30 of the Implementation Regulations of the Government Procurement Law The purchaser or procurement agency shall disclose the budget amount of the procurement project in the bidding documents, negotiation documents, and inquiry notices.
" Government Procurement Information Release Management Measures " (Ministry of Finance Order No. 101) Article 7 Government procurement information shall be prepared in accordance with the format stipulated by the Ministry of Finance.
7. Is the "Bidding Law" or the "Government Procurement Law" applicable to the bidding project of the National Development and Reform Commission?
Answer: The procurement entity, source of funds, and procurement objects all comply with Article 2 of the Government Procurement Law, and the Government Procurement Law and its implementation regulations are applicable. The "project" here is not the new construction, reconstruction or expansion of buildings and structures, so the "Bidding Law" and its implementation regulations do not apply.
Legal basis:
Article 2 Paragraph 2 of the Government Procurement Law Government procurement referred to in this Law refers to the act of state organs, public institutions and groups at all levels to use fiscal funds to purchase goods, projects and services within the centralized procurement catalog formulated in accordance with the law or above the procurement limit standards. Paragraph 6 The project referred to in this Law refers to construction projects, including the new construction, reconstruction, expansion, decoration, demolition, and repair of buildings and structures.
8. Do the funds of administrative agencies and public institutions belong to fiscal funds?
Answer: All funds (including operating income) of administrative agencies and public institutions are financial funds.
Legal basis:
Article 2 of the "Regulations on the Implementation of the Government Procurement Law" stipulates that the fiscal funds referred to in Article 2 of the Government Procurement Law refer to funds included in budget management. Lending funds that use fiscal funds as the source of repayment shall be deemed as fiscal funds.
9. In government procurement, what is the "mainly budget unit"?
Answer: is a state organ, public institution and group organization that has the responsibility to prepare the department’s budget and declare budgets to the financial department at the same level. For example, the school is a government purchaser, and its budget units are generally the Ministry of Education, the Department of Education, and the Education Bureau.
Legal basis:
" Government Procurement Goods and Services Bidding Management Measures " (Ministry of Finance Order No. 87) Article 84 The budget unit referred to in these Measures refers to state organs, public institutions and groups that have the responsibility of preparing departmental budgets and declare budgets to the financial department at the same level.
10. Is the housing assets of public institutions rented out and applicable to government procurement?
Answer: The rental of housing assets of public institutions does not comply with the definition of "procurement" stipulated in Article 2, Paragraph 4 of the "Government Procurement Law", so government procurement does not apply. This behavior is not subject to the Government Procurement Law.
Legal basis:
Article 2, paragraph 4 of the Government Procurement Law Procurement refers to the act of obtaining goods, projects and services for a fee through contract.
edited by the following sentence: The above ten questions and answers are the answers we reselected and approved for some common hot topics, difficulties and pain points of the government. We hope to help more government procurement personnel learn more about government procurement knowledge. If you want to know more answers to questions when participating in the political procurement activities, you can follow us and consult us!
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-