1. Training of government procurement personnel
Government procurement personnel must have the following basic qualities:
First, the theoretical level. Government procurement staff have a high theoretical level, which is mainly manifested in their ability to master and flexibly apply the basic principles of economics, master the principles and knowledge of finance, taxation and government procurement, be familiar with economic laws and regulations, have a strong sense of reform and development, and be able to skillfully use these principles to analyze and solve problems.
Second, professional knowledge and business skills. Government procurement involves a wide range of aspects, including bidding, winning the bid, performance management and so on. At the same time, it also requires a thorough and detailed understanding of market conditions and the characteristics of goods and services. This is a highly technical matter, which requires high professional knowledge and business skills of government procurement personnel. Only with the corresponding professional literacy and skills can we be competent for this job. The professional knowledge and business skills of government procurement mainly include: first, mastering the basic theory of government procurement, bidding theory and basic knowledge of engineering technology; Second, we must master the practical operation technology of government procurement; Third, we should know the specific requirements of the government for government procurement in different periods; Fourth, we should master the basic knowledge of social science and natural science, and keep abreast of the latest scientific and technological achievements and various market information in various disciplines.
Government procurement requires high quality of its employees, so the government procurement center is required to conduct necessary training and assessment for its employees, and strengthen the theoretical knowledge, professional knowledge and business skills of procurement personnel in order to better complete the government procurement work. This is also a common practice all over the world.
In addition, due to the high requirements of government procurement on all aspects of procurement personnel, the government procurement center not only strengthens the training of procurement personnel, but also establishes an expert database in all aspects and invites experts to provide necessary advice and guidance when necessary.
2. Management of government procurement personnel
Government procurement personnel represent the government in all kinds of procurement and have great power, so it is necessary to strengthen the management of procurement personnel. The management of purchasing personnel in the purchasing center should mainly start with the following system construction.
First, operate the control system. In the procurement work, all aspects of procurement are separated, and the assembly line is implemented, and each has its own responsibilities. When the current link is handed over to the next link, the legality of this link must be guaranteed in writing. When signing a contract, people at different levels sign different contract amounts. The bigger the contract amount, the higher the requirements for the position of the contractor.
Second, the qualification certification system. Government procurement personnel must undergo formal training, and qualified personnel are qualified to carry out government procurement work after being registered by the procurement authority. This is an important content to ensure the basic quality of government procurement personnel and manage government procurement personnel. Take the United States as an example Some institutions in the United States provide the titles of government procurement personnel qualification certification: professional public procurement officer (P.P.B) and registered public procurement officer (C.P.P.O), which are specially established to meet the needs of government or quasi-government procurement personnel. Both the P.P.B and C.P.P.O qualification certification schemes are managed by the Public Procurement Certification Committee, which is a certification body jointly established by the National Government Procurement Institute and the National Association of Procurement Officials. The third certification title is C.P.M, provided by the National Purchasing Management Association. C.P.M has been officially recognized as the professional standard of other purchasing organizations, including the National Purchasing Association and the National Education Purchasing Association. Other titles include registered professional contract manager and registered assistant contract manager awarded by the National Contract Management Association, and registered professional logistics engineer awarded by the Logistics Engineers Association.
Third, the punishment system. In order to strengthen the management of procurement personnel, many countries have also formulated codes of conduct for government procurement personnel, and at the same time severely punished violations of law and discipline. According to relevant laws in Singapore, bribery officials will be sentenced to seven years' imprisonment. The Interim Measures for the Administration of Government Procurement formulated by the Ministry of Finance of China also clearly stipulates the legal responsibilities of procurement personnel.
Second, the bidding management
Competitive bidding is one of the most commonly used ways of government procurement. It has a set of complete and unified procedures, which will not be too different because of different countries, regions and organizations. A complete competitive bidding process includes bidding, tendering, bid opening, bid evaluation, bid selection and contract signing.
1. Bid
Bidding procedures, including preparation of bidding documents, issuance of bidding announcement, pre-qualification, sale of bidding documents and other steps. If bidding is conducted through the agency of a bidding agency, it must also go through the process of selecting an agency and verifying its qualification certificate by the procurement center.
(1) Prepare bidding documents
The bidding documents can specify the nature of the goods and projects to be purchased, inform the bidding rules and procedures, and inform the conditions for concluding the contract. Therefore, it is not only the basis for bidders to prepare bidding documents, participate in bidding and bid evaluation, but also the basis for signing contracts. Bidding documents play a vital role in the whole bidding process, and the compilation of bidding documents is a key link, which directly affects the quality and progress of procurement. When compiling bidding documents, special attention should be paid to: first, the contents of all goods, equipment or projects to be purchased must be explained in detail to form the basis of competitive bidding; Second, the formulation of technical specifications and contract terms should not cause prejudice or discrimination against qualified bidders; Third, the bid evaluation criteria specified in the document should be open and reasonable, and the bid evaluation criteria for bids that deviate from the bidding documents and put forward new technical specifications should be more realistic and strive for fairness; Fourth, it must comply with the relevant regulations of the domestic government.
(two) issued a tender announcement
Public bidding shall be announced. Issuing the tender announcement means the official start of the tender procedure. Whether the tender announcement is valid or not is directly related to the degree of competition and transparency of the tender, and whether it discriminates against potential bidders. The tender announcement shall be published through newspapers or other media. Usually, a bidding procurement project often needs to issue bidding announcements from several channels at the same time to make the bidding competitive to the greatest extent. Leave enough time from the announcement to the bidding, so that the bidder has enough time to prepare the bidding documents.
(3) prequalification
Whether the bidder has the ability to perform the procurement contract and whether its bid is true is directly related to whether the procurement can be carried out smoothly and whether the procurement purpose can be truly realized. Therefore, it is very necessary to pre-qualify bidders. Pre-qualification can narrow the scope of bidders, prevent unqualified bidders from doing invalid work, reduce their unnecessary expenses, and also reduce the workload of purchasing units, save time and expenses and improve work efficiency. The content of prequalification includes basic prequalification and professional prequalification. Basic qualification refers to the legal status and reputation of suppliers or contractors, including whether they are registered, bankrupt or illegal. Professional qualification refers to the ability of suppliers or contractors with basic qualifications to perform the projects to be purchased, including: the experience of prequalification applicants and their previous performance in completing similar contracts; Financial situation; Personnel information provided for the performance of the contract; Mechanical equipment and comprehensive construction capacity equipped to perform the contract tasks; Network distribution and personnel structure of after-sales maintenance service.
(four) the sale of tender documents
After prequalification, the bidding documents can be directly sold to the prequalified suppliers or contractors. After the bidding documents are sold, they will not be returned. Except for force majeure, the tender shall not be terminated after the tender documents are sold, or after the tender is issued or after the tender application is issued. Bidding documents can be mailed or sold by the buyer or his agent. If it is mailed, the buyer is required to inform the procurement center after receiving the bidding documents.
2. Bidding
After the bidding procedure is completed, the procurement will enter the bidding stage. These two aspects are essentially two aspects of a process, and their specific procedures and steps are usually interrelated and corresponding. In the bidding stage, it is generally necessary to prepare for bidding, prepare bidding documents and submit bidding documents. Obviously, the main body of bidding operation is the bidder; In the bidding stage, the main body of its operation is the procurement center or bidding agency.
The procurement center shall not open and return the bid documents received after the deadline for submission of bid documents, and all received bid documents shall be signed for the record. Bidders have the right to request the procurement center to provide proof of receipt. A bidder may withdraw, supplement or modify the submitted bid documents, but shall notify the procurement center in writing before the deadline for submission of bid documents.
Generally speaking, bidding has a strict deadline. However, under the following special circumstances, the procurement center may appropriately extend the validity period of the bid: first, in the case of delaying the clarification or modification of the bidding documents or delaying the release of the minutes of the bidder's meeting, the procurement agency must make a decision to postpone the bid; Secondly, if one or more suppliers or contractors are unable to submit bidding documents before the deadline due to any circumstances beyond their control, the procurement agency is free to decide whether to extend the deadline. The extension decision must be made before the deadline for bidding, and the procurement center shall issue an extension notice to each supplier or contractor who has purchased the bidding documents in time. No matter when it is required to extend the validity of the bid, the bidder shall not be required or allowed to change the quotation or other bidding conditions. The bidder has the right to refuse the request of the procurement center to extend the validity period of the bid, and its deposit should not be confiscated; However, for those bidders who are willing to extend the bid validity, they should be required to extend the bid bond accordingly.
3. Bid opening
The tender documents are officially unsealed and announced, which is the bid opening. The bid opening shall be conducted in public according to the time, place and procedures specified in the tender documents. The bid opening shall be presided over by the procurement center, and members of the bid evaluation committee, representatives of bidders and representatives of relevant units shall be invited to attend. Before the bid opening, the sealing of the bid documents shall be checked publicly. After confirmation, the relevant staff will open it in public, verify the bidding qualification, and read out the main contents such as the name of the bidder and the bid price. When opening bids, bidders are allowed to make necessary explanations for ambiguous places in the bidding documents, but the explanations shall not go beyond the scope recorded in the bidding documents or change the substantive contents of the bidding documents.
When opening bids, bid opening records shall be made, including: project name, tender number, date of issuance of tender announcement, date of sale of tender documents, name of the unit that purchased the tender documents, name and quotation of bidders, and handling of bids received after the deadline for bidding, etc.
In some cases, the bid opening time can be postponed or postponed. For example, after the tender documents are sold, the original tender documents are changed or supplemented; Before the bid opening, it is found that there is any illegal or improper behavior, which is enough to affect the fairness of procurement; Have an accident; Change or cancel the purchase plan, and so on.
4. Bid estimation
Bid evaluation, that is, evaluating and comparing the bids to select the most favorable bid. The procurement center is responsible for setting up the bid evaluation committee. The bid evaluation committee is composed of representatives of the tenderee and experts in technology, economy and law hired by them, and the total number is generally an odd number of more than 5 people, of which no less than 2/3 are hired. Persons who have an interest in the bidder shall not enter the bid evaluation committee.
Usually, bid evaluation is divided into two aspects: commercial bid evaluation and technical bid evaluation. The purpose of commercial evaluation is to evaluate the rationality and reliability of the bid quotation from the aspects of cost, finance and economic analysis, and to estimate the different economic effects after being awarded to each bidder. The purpose of technical review is to confirm the technical ability of the winning bidder to complete this project subject to tender and the feasibility and reliability of the provided scheme. Different from qualification evaluation, the focus of technical evaluation is to evaluate how the bidder will implement this project subject to tender.
Bid evaluation generally adopts the following methods:
The first is a bid evaluation method with price as the sole measure. When purchasing commodities with simple technical specifications, raw materials, semi-finished products and goods with the same or easily comparable performance and quality, price can be the only factor to be considered in bid evaluation.
The second is the comprehensive bid evaluation method. That is, the bid evaluation method based on factors such as price. This bid evaluation method can be used when purchasing important equipment such as durable goods (such as vehicles).
The third is the bid evaluation method based on life cycle cost. When the subsequent costs (spare parts, oil, fuel, maintenance, etc. ) If the number of equipment and vehicles to be purchased in the whole plant, production line or operation period is relatively high, this method can be used for bid evaluation.
The fourth is the scoring method. Many factors are usually considered in bid evaluation. In order to facilitate comprehensive consideration and comparison, we can determine the proportion of these factors in bid evaluation according to their importance, that is, score each factor. When evaluating bids by scoring method, the factors to be considered, the distribution of scores and the scoring criteria shall be clearly specified in the tender documents.
5. Calibration and contract signing
The procurement center determines that the bid winner's behavior is calibration from the candidates recommended by the bid evaluation committee. The winning bidder shall meet one of the following conditions: meet the requirements of the tender documents, consider various preferential and tax factors, and quote the lowest bid price under reasonable conditions; It can best meet the comprehensive evaluation criteria stipulated in the tender documents.
After the bid is confirmed, when the bid-winning notice is sent to the winning bidder, other bidders who have not won the bid shall be notified and the deposit shall be returned in time. The procurement center and the winning bidder shall sign a written contract according to the provisions of the bidding documents and the winning result, and issue a notice of winning the bid.
There are two specific ways to sign the contract: one is to send the contract text to the winning bidder at the same time as the bid-winning notice, so that it can be signed and returned within a specified time (usually 30 days); Second, after receiving the bid-winning notice, the winning bidder will send someone to sign the contract within the specified time. In the latter case, before signing the contract, it is allowed to clarify some immaterial technical or commercial issues, but the bidder shall not be required to undertake the obligations not specified in the bidding documents, nor shall there be any bid closing behavior.
After the contract is signed and the winning bidder submits the performance bond as required, the contract will take effect and the procurement work will enter the contract implementation stage. At this point, the pure bidding activity can be declared over. However, the management activities of the procurement center are not over, and the performance of the contract will be managed in the future.
Third, the performance and management of the contract
The performance and management of procurement contract is the link of the final implementation and realization of procurement activities. After the procurement center and the supplier reached a * * * understanding, the two sides signed a contract, which has legal effect and entered the performance stage of the contract. The performance of the contract is the decisive stage in the whole procurement process, and the performance of the contract determines the success or failure of the whole procurement. Therefore, in the stage of supplier's performance of the contract, the contract must be managed.
Contract management means that after the contract is finalized, the procurement center always pays attention to the progress of contract performance and supervises and reviews the implementation of the contract. When some new situations arise, adjust and deal with the contract, such as modification, suspension, cancellation and termination of the contract, so as to ensure the interests of the procurement and avoid greater losses.
Contract modification refers to the change of contract terms proposed by any party to the contract due to changes in circumstances or new procurement requirements. The modification of the contract can be proposed by the procurement center or the supplier, but the modification of the contract must be signed by both the procurement center and the supplier and distributed to the parties concerned according to the number of contract copies. If the modification of the contract involves relevant audit laws and regulations, the auditee shall be invited to review it first, or discuss and decide whether to modify it.
Contract termination refers to the emergency measures taken by the procurement center to protect the interests of the government according to sufficient evidence when the supplier is found to have cheated, bribed or provided false certificates during the procurement process. The decision to suspend should follow the democratic principle and give the undertaker the opportunity to explain and defend. After the decision to terminate the contract is made, the contractor shall be informed by letter immediately, and the reasons and consequences of the suspension shall be informed. The termination of the contract is generally clearly stipulated in the procurement laws of various countries, and at the same time, in the contract, especially in the procurement contract with a certain amount, relevant termination clauses should be added in the tender and contract.
The termination of the contract is actually a failure to perform the obligations stipulated in the contract. There are generally three situations that cause the termination of the contract: first, the contract is terminated due to breach of contract. Second, in order to facilitate the bidding purchaser and take care of the interests of the government purchaser, the contract cannot be accepted, which leads to the termination of the contract. At this point, the supplier can ask the purchaser to compensate for its losses. Third, both parties agree to terminate the contract. For the rescission and termination of a contract, the problem of legal liability often arises. Generally speaking, the basic principle is that the party willing to accept the contract should not suffer losses. But from the legal point of view, who will bear the responsibility, its scope of responsibility needs to be considered according to the actual situation.
Fourthly, the management of purchasing information.
Procurement information management plays an important role in various functions of government procurement center. Information management runs through the whole procurement activities, especially the application of Internet technology, which facilitates the use of information, but also puts forward higher requirements for information management.
1. the position and function of information in procurement bidding
Information runs through all aspects of procurement and bidding. Whether the information is communicated in time, fully grasped, open and transparent may directly affect the quality and effect of procurement bidding. For example, in the bidding stage, it is necessary to issue a tender announcement, an invitation to bid, and sell tenders. , but in the stage of bid evaluation and award, it is also based on information. In short, in the bidding process, the bidder's information is mastered in advance; Such as price, quality, technology, financial situation, etc., the more active the bidding process, the better the bidding effect. If the published bid is known to more potential bidders, the selectivity of the bid will be greater. Therefore, information plays a very important role in the whole bidding.
In the procurement bidding work, information content such as information release, information exchange, information management and information service runs through the whole process, and in some cases it is even Yiliang's own work; The quality and efficiency of information work directly affect the quality and efficiency of procurement bidding. With China's accession to the World Trade Organization (WTO), under the trend of world economic integration, procurement and bidding will participate in international cooperation and competition more and more, and the field of information service will be broadened. Therefore, it is necessary to provide the best way and standard information service.
2. The application of network technology in information management of government procurement center.
Information plays an important role in procurement and bidding, so it is an important subject to study the application of modern information technology in procurement and bidding. The development of information technology is reflected in the widely used network at present. Therefore, the use of network for procurement bidding should be put on the work schedule of our country.
The application of network technology in procurement bidding can promote its standardized management and improve its professional level. For example, the interactive technology of Internet can be used for feedback of supplier survey information, information collection and public bidding of bidders, questions and answers in the procurement process, pre-qualification of suppliers and bidders, and so on. Internet database and data sharing technology have greatly improved the internal management level and cooperation between purchasing departments. Internet file transfer technology can transmit various forms of information quickly, accurately, conveniently and at low cost, which is conducive to improving the quality and efficiency of procurement and bidding, and improving the professional operation level.
The use of Internet technology in procurement bidding can increase its openness and transparency and promote competition. Government procurement has three principles, namely, openness, competition and fairness. Because of its openness, universality and interactivity, the Internet is more open than other media. Openness itself is a means to promote competition and embody fairness. Especially in public bidding, it can overcome the shortcomings of the original method. There are many documents, complicated procedures and long time-consuming, and some manufacturers lose important opportunities if they can't get the information in time. Internet can better overcome these problems and promote the development of bidding. For another example, there is also a problem with selective bidding, that is, we need to fully understand and compare the bidding manufacturers in advance. Using the Internet can completely make up for this deficiency, such as collecting the information of manufacturers in advance through the network, or adopting a similar two-stage bidding method, investigating the manufacturers participating in the bidding on the Internet, and then formally bidding.
Using Internet technology in procurement bidding can improve the international competitiveness of domestic manufacturers and promote international cooperation and economic development. Due to the internationalization service of the Internet, the procurement and bidding work will be further internationalized, which will not only help to learn from international practices and experience, but also provide domestic manufacturers with more opportunities to participate in international competition, promote international exchanges and cooperation, and at the same time make domestic manufacturers more aware of the international situation, technical standards and ways and means of participation, which can improve the international competition level of domestic manufacturers and promote the overall development of the national economy.
It is precisely because of its unique advantages in procurement and bidding that the Internet has been widely adopted by countries and international organizations all over the world and has been designated as an important working means. For example, the EC computer information system of the European Union, also known as electronic daily bidding, is the designated distribution channel. The United States has also specially adopted a computer consulting system in government procurement. The British government has a GIS government information service system, including government procurement regulations, procedures and information services.