Although the law of our country stipulates that public bidding is the main procurement method of government procurement, there are certain applicable conditions for the determination of public bidding, that is to say, only those procurement objects that meet the amount standard of public bidding can be determined to adopt public bidding. Although the total amount of this case exceeds the limit standard of 200000 yuan of municipal decentralized procurement, it fails to meet the amount standard of public bidding, that is, 1 million yuan. The amount standard of public bidding for government procurement of goods and services refers to the minimum amount standard, which is set by the people's government at or above the provincial level or the people's government at the municipal level authorized by the government to reach or exceed a certain amount standard.
The reason why open bidding is regarded as the main procurement method is that compared with other procurement methods, open bidding has many advantages. First, we should be open and transparent to prevent corruption to the greatest extent. Public bidding procurement is the most open, fair and just way, which is "procurement in the sun", with the highest transparency and perfect supervision mechanism, thus increasing the "cost" and difficulty of corruption, so it can prevent corruption to the maximum extent. Second, fair competition and optimal economic benefits. Open bidding makes all qualified suppliers have the opportunity to participate in the competition. The purchaser can purchase the procurement object with the highest cost performance, relatively low price and the best service through "Three Goods ratio", so as to save financial funds. Third, in the competition, suppliers learn from each other's strengths and make up for their weaknesses, improve the production process, improve the level of the whole social productivity, and achieve the goal of jointly improving social benefits.
Therefore, Article 28 of the government procurement law of China stipulates that the purchaser shall not break up the goods or services that should be purchased through public bidding or avoid public bidding in any other way.
So, what is the behavior of breaking up into parts to avoid public bidding procurement? Article 28 of the regulations for the implementation of the government procurement law stipulates that in a financial year, the purchaser shall purchase goods and services of the same item or category under a project for many times by means other than public bidding. If the accumulated amount of funds exceeds the amount standard of public bidding, it belongs to the method of breaking up into parts to avoid public bidding. It is also that the purchaser artificially divides the government procurement projects that meet the amount standard of public bidding into several small projects, so that the budget amount of each project does not meet the amount standard of legal public bidding, so as to avoid public bidding.
In order to standardize the behavior of purchasers and prevent purchasers from avoiding public bidding by breaking up into parts, Article 71 of the government procurement law stipulates that if purchasers purchase by means of public bidding without authorization, the regulatory department will order them to make corrections within a time limit, give them warnings, and may also impose a fine. The person in charge and other persons directly responsible shall be punished by The competent administrative department or the relevant authorities shall give sanctions and circulate a notice.
The so-called detailed budget is to refine the budget system, responsibilities, indicators, costs, quotas, etc., and decompose them into departments and individuals. Detailed budget is not only the basic requirement of department budget, but also the objective requirement of government procurement budget. In terms of departmental budgeting, the State Council has repeatedly stressed the need to shift all budgetary expenditures from "items" to "items". At the same time, the government procurement budget also requires the more detailed, more accurate, more specific, the better.
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