Although public bidding is the main procurement method of government procurement according to the law of our country, there are certain applicable conditions for it to adopt public bidding. That is to say, only when the procurement object reaches the norm of the amount of public bidding, public bidding will definitely be adopted. Although the total amount of this case exceeded the quota standard of 200,000 yuan for decentralized procurement at the municipal level, it did not reach the norm of the amount of public bidding, that is, 1 million yuan. The norm of the amount of public bidding for government procurement of goods and services refers to the norm of arrival and exceeding a certain amount formulated by the people's governments at or above the provincial level or their authorized municipal governments. It is necessary to stop procurement by means of public bidding, which is the minimum amount norm.
The reason why public bidding is regarded as the main procurement method is that public bidding procurement method has many advantages related to other procurement methods.
First, it is open and transparent, so as to avoid the occurrence of erosion to the greatest extent. Public bidding procurement can best show openness, fairness and fairness. It is "procurement in the sunshine". Its transparency is relatively high and its monitoring mechanism is relatively perfect, which increases the "cost" and difficulty of erosion, so it can avoid the occurrence of erosion to the greatest extent. Second, fair competition and optimal economic benefits. Public bidding and procurement make all qualified suppliers have the opportunity to participate in the competition. The purchaser can obtain the purchasing object with the highest cost performance, relatively cheap price and best service through "three goods ratio", thus saving financial funds. Third, suppliers in the competition through mutual comparison, make use of strengths and avoid weaknesses, improve consumer technology, improve the level of social consumption, to achieve the goal of common progress in social benefits.
Therefore, Article 28 of the Government Procurement Law of our country stipulates that the purchaser shall not divide the goods or services that should be purchased by public bidding into zero or evade public bidding by any other means.
So, what is the behavior of evading public bidding and procurement by turning it into zero? Article 28 of the Regulations for the Implementation of the Government Procurement Law stipulates that, in a financial year, the purchaser repeatedly purchases goods or services of the same category or category under a project by means other than public bidding. If the cumulative amount of funds exceeds the norm of the amount of public bidding, the purchaser evades public bidding by turning them into zero. It is also the purchaser who divides the government procurement project which reaches the norm of the amount of public bidding into several small projects artificially, so that the budgetary amount of each project does not reach the norm of the legal amount of public bidding, in order to avoid public bidding.
In order to standardize the behavior of the purchaser and avoid the purchaser from evading the public bidding, Article 71 of the Government Procurement Law stipulates that the purchaser shall adopt the public bidding method and unauthorized use of other methods of procurement. The supervisory department will order the purchaser to rectify and make corrections within a specified period of time, and can also dispose of the payment. The person directly in charge and other persons directly responsible for the procurement shall be handled by the supervisory department within the prescribed time limit. The competent administrative department or relevant organs shall impose sanctions and notify them.
The so-called refined budget is to stop the refinement of budget system, obligations, indicators, costs, quotas and so on, and synthesize them into departments and individuals. Detailed budget is not only the basic request of department budgeting, but also the objective request of government procurement budgeting. In the preparation of departmental budgets, the State Council has repeatedly stressed that all budgetary expenditures should be transferred from "items" to "items". At the same time, the budget of government procurement also requests the finer, the more accurate, the more detailed, the better.
In this case, although the items purchased by the purchaser are collectively referred to as "office furniture", the beds, tables, shelves and other items do not belong to the same category; and the city's public bidding amount standard is 1 million yuan, even if it belongs to the same category, as long as 267,800 yuan, there is no public bidding amount standard of up to 1 million yuan. As a result, the standard of decentralized procurement quota and the norm of public bidding quota are not a concept. Therefore, it is a mistake to define the purchaser's behavior as "turning it into zero".