Multiple regulations involve engineering projects!The draft amendment of the government procurement law again solicited opinions again

Recently, the Ministry of Finance once again solicited opinions from the "People's Republic of China Government Procurement Law (Amended Draft for Consultation)" (hereinafter referred to as "Draft for Soliciting Opinions"), and the deadline for comments will be on August 14, 2022.

The main contents of the revision of the solicitation draft include the scope of improvement of the government procurement law, give full play to the function of government procurement policy, strengthen government procurement needs management, improve government procurement methods and procedures, improve the government procurement contract system, strengthen the status of the purchaser's subject, simplify the supply of supply, simplify the supply of supply Eight aspects of business qualifications and improvement of legal responsibility.

The draft of the solicitation of comments has added the requirements of "promoting the construction of a unified market in the country" in the legislative purpose and purpose, and also adjusted the scope and definition of the government procurement law. Increase the content of supporting innovation, maintaining the interests of vulnerable groups in the procurement policy goals, and enriching the specific content of various policy goals. It clearly specifies the policy formulation of the policy formulation and policy enforcement measures, and proposes a new government procurement security review system. In terms of government procurement methods and procedures, the solicitation draft has added a new way of innovation procurement. In response to government procurement contracts, the draft for the solicitation of opinions shall specify a variety of contract pricing methods such as fixed prices, cost compensation, and performance incentives, and improves the terms of contract performance, contract change or termination, and performance acceptance. Contract dispute resolution mechanism.

The content of the draft of this comments is related to engineering projects:

Article 2 [Scope and definition of applicable] This law is applied to government procurement in the people's Republic of China. Government procurement referred to in this law refers to the use of financial funds or other state -owned assets in order to perform their duties or provide public services in order to perform their duties or provide public services, obtain goods, obtain goods, obtain goods, and obtain goods, and obtain goods. Engineering and service behaviors include purchase, leasing, commission, government and social capital cooperation. The fiscal funds referred to in this law refer to funds incorporated into budget management. The goods referred to in this law refer to various forms and types of items, including raw materials, fuels, equipment, etc. The project referred to in this law refers to the construction, reconstruction, expansion, renovation, demolition, and repairs of construction projects, including buildings and structures. The service referred to this law refers to the purchase objects other than the government and engineering.

Article 23 [Supporting the country's industries] In addition to being unable to obtain or obtaining reasonable business conditions in China, government procurement shall purchase domestic goods, engineering and services. If production products in China meet the specified added value ratios and other conditions, they shall enjoy the review discounts in government procurement activities. The definition of domestic goods, engineering and services shall be implemented in accordance with the relevant provisions of the State Council.

Article 34 [Classification Subcontracting] Government procurement projects shall comprehensively consider technology and cost benefits, promote effective competition, and support the development policies of small and medium -sized enterprises. If technology and costs are inseparable, mixed procurement needs to be mixed, and the procurement method, review method and applicable procurement policy are determined according to the most valued procurement target in goods, engineering and services. Requirements should be subcontracted or separated by separate requirements. Innovative procurement, government and social capital cooperation projects, etc., use solutions as the main competitive content, follow the relevant provisions of service procurement.

Article 35 [Determine procurement method] The purchaser shall reasonably determine the procurement method in accordance with the characteristics of the procurement project and in accordance with the applicable situation stipulated in this law. The clear and uniform general goods and services of technology and services have completed the design of the projects that have been designed. Special equipment with complex technology, experiments, testing and other dedicated instruments and equipment, the suppliers need to provide services such as design consulting, informatization application system construction such as solutions, innovative procurement, and government and social capital cooperation projects.

Article 41 [Standard Management of Government Procurement Limits] During a fiscal year, if the purchaser's estimated value of the same product or the same category of goods, engineering and services reaches the government procurement limit standard, the procurement activities shall be carried out in accordance with the provisions of this law; Those who fail to meet the government procurement limit standards and have not been included in the scope of the procurement of the framework agreement, may not implement the relevant provisions of this Law on procurement methods, procedures, information disclosure and performance acceptance.

Article 42 [Application for the scope of competition] Government procurement shall implement public competition. Public competition shall invite unspecified suppliers to bid in the form of issuing procurement announcements. Those who meet one of the following circumstances can implement limited competition:

(1) Limited by infrastructure, administrative license, and indeed irreplaceable patents or proprietary technologies, can only be purchased from a limited range of suppliers;

(2) The number of bidding suppliers is too large.

Limited competition shall invite specific suppliers to bid in the form of bidding invitations. The bidding referred to in this Law, including bidding, competitive negotiations, and negotiating response, quotation and framework agreement procurement methods in the method of inquiry methods in the bidding method, and the solicitation response in the framework agreement procurement method.

Article 47 [Evaluation factors and applications] In the case of a comprehensive scoring method, the purchaser shall reasonably set the review factors based on the characteristics of the procurement target. The judging factors should be directly related to the procurement target, mainly including price or cost, quality, supplier performance capacity, business conditions, and procurement policy requirements. The score settings in the judging factors should correspond to the indicators that can be judged and verified. Design consulting services, large -scale infrastructure projects, and projects such as innovative procurement, government and social capital cooperation need to consider the experience of the supplier's performance ability, the performance requirements can be used as the judging factor, but the purchaser shall not apply for the performance requirements of specific projects. Essence Article 62 [Applicable situation of inquiry] Inquiry refers to the objective, clear and clear demand, and the purchase amount of small procurement amounts, and invite suppliers to procure procurement methods. Those who meet one of the following circumstances can be purchased in inquiry: (1) uniform specifications and standards, and sufficient supply; (2) uniform technology and service standards, and there are services and engineering in a fixed market. The amount of procurement applied to the method of inquiry is determined by the government procurement supervision and management department of the provincial level or above.

Article 64 [Applicable situation of innovative procurement] Innovative procurement is based on the relevant requirements of national scientific and technological innovation planning. The existing products of the market cannot meet the needs of the department to perform their duties or provide public services. Purchase method of risk. Those who meet one of the following situations can be purchased by innovative procurement: (1) The goods required by the department contain major technical breakthroughs and can be promoted and used; Through the application of new technologies or new concepts, a new management model can significantly improve performance goals.

Article 101 [Supervision of major investment projects] The performance goals of major national investment projects or government and social capital cooperation projects and implementation of this law shall be included in the final accounts after special auditing. The Standing Committee of the General Assembly reviews and approves. Purchasing overseas use;

(3) Other laws and administrative regulations have other provisions.

The definition of goods, engineering and services in the preceding paragraph shall be implemented in accordance with the relevant regulations of the State Council.

Article 122 [Law applicable to the bidding and bidding of government procurement projects] If the government procurement project is bidding and bidding, the bidding and bidding law is applicable.

The original text is as follows:

About the "Government Procurement Law of the People's Republic of China

(Revised draft for the draft)

Notice to disclose opinions from the society again

In order to implement the relevant requirements of the "Deepening the Reform Plan for the Government Procurement System" and improve the legal system of government procurement, the Ministry of Finance drafted the "Draft for the Draft of the Government Procurement of the People's Republic of China (Revised Draft for the Draft)" and publicly solicited opinions. Since then, the Ministry of Finance has revised and improved the "Draft of the Government Procurement Law of the People's Republic of China (revised draft solicitation for the draft)" according to the public feedback from the public. In order to deeply promote scientific legislation, democratic legislation, legislation in accordance with the law, and improve the quality of legislation, we now publicly solicit opinions. Any unit or individual can make opinions through the following channels and methods before August 14, 2022:

1. Pass through the website of the Ministry of Finance of the People's Republic of China (website: http://www.mof.gov.cn) "Information Management System" (website: http://fgk.mof.gov.cn) Opinion.

2. Send the opinion to [email protected] through an email, and indicate the word "Soliciting Opinions of the Government Procurement Law of the People's Republic of China" in the theme.

3. Send the opinion (one type two copies) through the letter: the Treasury Department of the Treasury Department of the Ministry of Finance 3, Sanli, Sanli, Sanli, Xicheng District, Beijing, and the "Government Procurement Law of the People's Republic of China Government Procurement Law for Soliciting Opinions "Words.

appendix:

1. "Draft for the Draft Consultation of the Draft of the People's Republic of China)

2. Instructions on the "Draft for the Draft for the Draft Consultation of the People's Republic of China)

Ministry of Finance

July 15, 2022

Source: Ministry of Finance

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