The draft amendment of the government procurement law again solicited opinions again

The Ministry of Finance recently solicited opinions from the society on the "People's Republic of China Government Procurement Law (the Draft for Revised Draft)" (hereinafter referred to as the "Draft for Soliciting Opinions") to further promote scientific legislation, democratic legislation, legislation in accordance with the law, and improve the quality of legislation Essence

According to the Ministry of Finance, the main contents of the "Draft for Soliciting Opinions" include improving the scope of application of government procurement law, giving full play to government procurement policy functions, strengthening government procurement needs management, improving government procurement methods and procedures, improving government procurement contract systems, strengthening purchaser purchases Eight aspects of the main body status, simplified supplier qualification conditions, and improvement of legal responsibility.

The "Draft for Soliciting Opinions" has added the requirements of "promoting the construction of a unified market in the country" in the legislative purpose and purpose, and has also adjusted the scope and definition of the government procurement law. It is proposed that government procurement refers to the use of financial funds or other state -owned assets to obtain goods, engineering and other state -owned assets in order to perform their duties or provide public services in order to perform their duties or provide public services. Services, including purchase, leasing, commission, government and social capital cooperation, etc.; Fiscal funds refer to funds incorporated into budget management.

The "Draft for Soliciting Opinions" has also re -improved the government procurement policy, increased the content of supporting innovation and maintaining the interests of vulnerable groups in the procurement policy goals, and enriched the specific content of various policy goals. Implementation measures propose a new government procurement safety review system.

In terms of government procurement methods and procedures, the "Draft for Soliciting Opinions" has added a new way of innovation procurement. It is clear that innovation procurement is based on the relevant requirements of national scientific and technological innovation planning. The existing products of the market cannot meet the department's own performance or provide public services, and invite suppliers to develop, produce innovative products, and share risks. Innovative procurement is divided into stages of the R & D process, divided into two stages: ordering and first purchase.

In response to government procurement contracts, the "Draft for Soliciting Opinions" specifies the diversified contract pricing methods such as fixed prices, cost compensation, and performance incentives in accordance with the subject matter and performance goals, and improved the terms of contract performance, contract change or termination, performance acceptance. Added contract dispute resolution mechanism.

It is understood that in December 2020, the Ministry of Finance announced the "Draft of the Government Procurement Law of the People's Republic of China (the draft draft comments)" and publicly solicited opinions. Since then, the Ministry of Finance has revised and improved this version according to the public feedback of the public. (Reporter Le Jiachao)

(Source: China Financial Report)

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