Life can't be as good as you think, but it's not as bad as you think it is. I think that people are more fragile and strong than I imagined. Sometimes, I can be so fragile that I burst into tears at a single sentence;Sometimes, too, you find yourself gritting your teeth and walking a long way. - A Lifetime Maupassant.
This is my 112th article
How can you tell if a project should be subject to a procurement procedure?
【date：2023.12.17】
Not all procurement items are required to carry out procurement procedures.
Due to the lack of deep understanding of concepts and regulations, and due to too many misunderstandings caused by over-cautiousness, many things that were originally simple were extremely complicated to operate.
In order to eliminate this misunderstanding, this article will take you to sort out the relevant regulations, hoping to help.
To figure out this matter, you only need to interpret the three provisions in the "** Procurement Law" and the "** Procurement Law Implementation Regulations":
*Procurement refers to the use of fiscal funds by state organs, institutions and organizations at all levels to purchase goods, projects and services within the centralized procurement catalogue formulated in accordance with the law or above the procurement quota standard. (Article 2 of the Procurement Act).
* Procurement of projects and goods and services related to project construction shall be subject to the Tendering and Bidding Law of the People's Republic of China and its implementing regulations if the procurement is carried out by means of bidding;If other methods of procurement are adopted, the ** Procurement Law and these Regulations shall apply.
The term "project" as used in the preceding paragraph refers to construction projects, including the new construction, reconstruction, and expansion of buildings and structures, as well as their related decoration, demolition, repair, etc.;The goods related to the construction of the project refer to the equipment, materials, etc., which constitute an inseparable part of the project and are necessary for the realization of the basic functions of the projectThe term "services related to engineering construction" refers to the survey, design, supervision and other services required for the completion of the project. (Article 7 of the Regulations for the Implementation of the Procurement Law).
* If the procurement project is not tendered in accordance with the law, it shall be procured in accordance with the competitive negotiation or a single procurement method provided for in the Procurement Law and these Regulations. (Article 25 of the Regulations for the Implementation of the Procurement Law).
Okay, let's start combing now.
First of all, if it does not belong to the procurement project, of course, there is no need to implement the procurement procedure. Therefore, our first step must be to be very clear about which projects belong to the ** procurement project. This brings us to the first provision above. As for how to judge the procurement project, I talked about the first chapter of the "General Provisions of the ** Procurement Law" of the "Laws and Regulations Xi in the previous "Regulations", simply put, it is to see whether the three conditions are met at the same time, and the tenderer is an administrative institution;Use of financial funds;Above the purchase limit. As long as one of these three is not satisfied, there is no need to go through the procurement procedure, nor do you need to implement the procurement policy, such as small and medium-sized enterprise support policies, energy conservation and environmental protection policies, etc.
After judging this, let's move on to the second provision. We will find that the procurement of projects and the goods and services related to the construction of the project, even if they are conceptually procurement, but in fact do not need to go according to the procurement procedures, but in accordance with the "Bidding Law of the People's Republic of China" and its implementation regulations. Specific to the operational level, is in accordance with the procedures and requirements of the administrative department of construction projects to implement the bidding.
There is an easy mistake here, that is, the procurement project does not only refer to the construction, but also includes the goods and services related to the project, don't make a mistake.
In addition, there are many projects called engineering, such as system engineering, intelligent engineering, exhibition engineering, etc., whether they all belong to construction projectsIt is important to remember that the definition of construction engineering refers to the new construction, reconstruction, and expansion of buildings and structures, as well as their related decoration, demolition, and repair. Therefore, it must be related to the building or structure.
Finally, let's look at the third provision. The meaning of this provision is that not all construction projects do not go through the procurement procedure, but the construction projects that must be tendered according to law do not need to go through the procurement procedure. So what is a construction project that must be tendered according to law?This depends on the No. 16 order and No. 843 document, which simply put, is a project with more than 4 million construction, more than 2 million goods, and more than 1 million services. Below this limit, none of them belong to the construction projects that must be tendered according to law, and should be subject to competitive negotiation, unitary or competitive negotiation in ** procurement (there was no competitive negotiation at the time of the issuance of the "* Procurement Law Implementation Regulations", so Article 25 does not list). However, the later "Interim Measures for the Management of Procurement Methods through Competitive Negotiation in Procurement" (Decree No. 214 of 2014 of the Treasury clearly stipulates) to carry out procurement.
Finally, I would like to add another knowledge, ** The Legislative Affairs Office and the Ministry of Finance have both issued notices that the decoration, demolition and repair that are not related to the new construction, reconstruction and expansion of buildings and structures do not belong to the projects that must be tendered according to law.
Finally, to sum up: if the procurement project belongs to the construction project (including construction, goods and services) that must be tendered according to the law, it does not need to be implemented according to the procurement procedures, and the bidding must be carried out in accordance with the "Bidding and Bidding Law" and other relevant laws and regulations.