Suggestions on the Revision of People’s Republic of China (PRC) Government Procurement Law (Revised Draft for Comment) (Ⅱ)
■He Yilai, Guoxianqi, Song Jun
Two, "government procurement law" to amend the specific recommendations
According to the "ten principles" of the revision of the government procurement law, the author is right2022The following suggestions are put forward in the 2006 draft for comments.
(1) Suggestions on the revision of Chapter I General Provisions.
"General Provisions" is the core programmatic part of the legal text, its essence is to establish the basic framework, guiding ideology and core principles of the whole law, and another function of "General Provisions" is to put the contents that are required by this law but are scattered and not easy to stand alone in the general provisions, so as to make the contents of relevant chapters consistent and unified, and facilitate public learning and mastering.
Revision of "Article 1".
As a [legislative purpose and purpose], it is proposed to amend it to: This Law is formulated in order to standardize government procurement, improve the efficiency of the use of fiscal funds and other state-owned resources (assets), safeguard national interests and social public interests, protect the legitimate rights and interests of parties involved in government procurement, and promote the coordinated development of social economy and the building of a clean government.
Reason for amendment: [legislative purpose and purpose] is the "soul" of law, through which the core values and rules of law are embodied. From the historical mission of the government procurement system, government procurement itself is a tool and a means, so the government procurement law should regulate the government procurement behavior on the one hand, and promote the coordinated development of social economy through government procurement on the other. Therefore, "promoting the coordinated development of social economy" should be regarded as the core value goal of the law and must be reflected in the legislative purpose. This also provides a legal basis for government procurement to implement the policy function, and for government procurement not only to achieve a single goal of saving funds, but also to improve the "cost performance" of procurement projects and achieve "value for money". And "promoting the construction of a unified national market" is a phased work in a certain period. Although government procurement has the responsibility and obligation to promote the construction of a unified national market, it is not the core value goal of government procurement, but only a phased goal. Besides, in other clauses, there are also provisions related to the construction of a unified national market for government procurement.
(2) Suggestions on Article 5.
This article is changed from [government procurement budget] to【 Government Procurement Budget Performance Management 】. It is suggested that the government procurement budget should be compiled for government procurement projects and strictly implemented in accordance with the approved government procurement budget.
At present, the title of "government procurement budget" in the whole law is rather chaotic. Concepts related to budget include government procurement budget, estimated value, procurement budget and procurement project budget. These concepts are different. The law should be unified and defined when necessary.
(3) Suggestions on the revision of Article 6
Article 6 is about [Determination of Government Procurement Mode and Scope of Centralized Procurement], and it is suggested to combine centralized procurement with decentralized procurement in government procurement. Technology, services and other standards are unified, and items commonly used by purchasers should be included in the centralized procurement catalogue. The centralized procurement catalogue is determined and published by the State Council. Government procurement projects included in the centralized procurement catalogue shall be subject to centralized procurement. The centralized procurement catalogue shall be determined and published by the State Council. Government procurement projects included in the centralized procurement catalogue shall be subject to centralized procurement. " Start a new line.
(4) Suggestions for amending Article 7.
Article 7 is about the management system of government procurement quota standards, and the government procurement quota standards stipulated in this article are determined and published by the State Council.
"The procurement above the government procurement quota standard shall be implemented in accordance with the provisions of this Law, and the procurement that fails to meet the government procurement quota standard shall be implemented in accordance with the provisions of the procurement supervision and administration department of the State Council Municipal Government".
It is suggested to be revised as "The procurement of procurement items above the government procurement quota standard shall be implemented in accordance with the provisions of this Law, and the procurement of procurement items that do not meet the government procurement quota standard shall be implemented in accordance with the provisions of the procurement supervision and administration department of the State Council Municipal Government."
(5) Suggestions on the revision of Article 9.
Article 9 With regard to the provision of [disclosure of government procurement information], it is suggested to increase the disclosure of "dispute handling and performance evaluation" information. It is amended as "Information on government procurement, including procurement intention, procurement announcement, procurement documents, procurement results, dispute settlement, performance evaluation and supervision and punishment information, etc., shall be released to the public in a timely manner in the media designated by the government procurement supervision and administration department at or above the provincial level, except for information involving state secrets and commercial secrets and other information that may not be disclosed according to law".
(six) to add or adjust the relevant provisions to the "general provisions".
Provisions on the subject responsibility of the purchaser should be added. Therefore, it is suggested that Article 35 [Internal Control Mechanism of the Purchaser] be amended as [Main Responsibility and Internal Control Mechanism of the Purchaser], and amended as: "The purchaser shall perform the main responsibility of procurement activities according to law, ensure that the procurement behavior is legal and compliant, the procedures are due and the results are fair, and assume legal responsibility for the whole procurement process.
The purchaser shall establish and improve the internal control system of government procurement, clarify the working procedures and job responsibilities, strengthen the supervision and restriction mechanism, implement the performance target requirements, promote market competition, safeguard public interests and prevent procurement risks. "
Adjust Article 100 [Construction of Credit System] to "General Provisions". That is, the state strengthens the construction of the credit system in the government procurement market, establishes a unified and standardized credit record and credit evaluation system for the parties and related personnel in government procurement activities, and implements punishment for dishonesty and encouragement for trustworthiness according to law.
Adjust the [Digital Management] of Article 61 to the general provisions, because it is not a procedural provision, but a general requirement. "The state encourages the use of data messages and electronic information networks to carry out government procurement activities, promote the transparency, standardization and intelligence of transaction processes, public services, supervision and management, promote the application of electronic licenses, and realize the interconnection and sharing of government procurement information resources with other public service platforms".
(VII) Revision of Chapter II
The second chapter is about the parties involved in government procurement. Whether to use "government procurement parties" or "government procurement participants" depends on the contents stipulated in Chapter II. The legal status of the parties involved in government procurement is the core subject; Rights and obligations are to sign contracts and claim relief; Legal liability is directly responsible for contract or violation. The legal status of government procurement participants is the program assistant; Rights and obligations are to participate in the evaluation and provide professional advice under the entrustment.
If the second chapter only talks about "buyers and suppliers", then this chapter should be "government procurement parties", and if it also includes government procurement agencies, consulting experts and evaluation experts, then it should be "government procurement parties and participants".
Therefore, it is suggested that Chapter II be amended as "Parties and Participants in Government Procurement".
Government procurement parties refer to all kinds of subjects who enjoy rights and assume obligations in government procurement activities, including purchasers and suppliers.
Participants in government procurement refer to intermediary organizations and individuals who are entrusted by government procurement parties to handle government procurement affairs in government procurement activities, including agencies, consulting experts, evaluation experts, performance acceptance agencies, legal service agencies, electronic government procurement trading system providers and other third-party institutions.
The "procurement agency" is the trustee of the party "purchaser". It is not a party, but a participant. Similarly, consulting experts and evaluation experts are also trustees and participants.
With the division of labor in society becoming more and more detailed, there will be more principal-agent matters in government procurement activities. In the future, there will be not only the principal-agent of procurement, but also the principal-agent of consultation, the principal-agent of bidding, the principal-agent of relief, performance evaluation and file management. At present, the Measures for the Administration of Government Procurement Demand and the Measures for the Administration of Bidding and Purchasing Methods of Government Procurement Goods and Services in the administrative regulations on government procurement have stipulated the investigation of procurement demand and the bidding agency of suppliers. Therefore, the revision of this law must consider the management of principal-agent affairs in the whole process of government procurement, not just the "principal-agent" of procurement affairs.
Then, there is the "expansion problem" of purchasing principal-agent affairs.
(eight) on the revision of article seventeenth
Regarding the concept of "procurement agency", neither the Government Procurement Law nor the Interim Measures for the Administration of Government Procurement Agency has clearly defined it, nor has the logical relationship among agency (intermediary organization), procurement agency, social agency and centralized procurement agency (departmental centralized procurement agency) been clarified.
According to the author’s understanding, agency is a superordinate concept, including government procurement agencies and agencies in other fields (such as trademark agency and litigation agency).
Government procurement agencies include all agencies and intermediary organizations engaged in government procurement agencies. It includes: government procurement project feasibility study agent, procurement demand investigation agent, procurement implementation plan preparation agent, procurement mode demonstration agent, bidding agent, relief agent, performance evaluation agent and file management agent.
Government procurement agencies include centralized procurement agencies, departmental centralized procurement agencies and intermediary organizations engaged in procurement agency business.
With the above logical relationship, then "government procurement agency" is a professional term. The proposal in Article 17 is revised as [government procurement agency], and this article is revised as: government procurement agencies include centralized procurement agencies, departmental centralized procurement agencies and social procurement agencies.
Centralized procurement institutions are related institutions established by the people’s governments at or above the level of cities and autonomous prefectures with districts to implement centralized procurement according to law.
The centralized procurement institution of a department refers to an intermediary service organization set up by the purchaser according to the special requirements of the government procurement of the department and the system, and entrusted to handle the government procurement projects of the department and the system.
Social procurement agency refers to a profit-making legal person engaged in procurement agency business.
It is suggested that the management of departmental centralized procurement institutions should be increased in the future implementation regulations, and it should be included in the scope of assessment and inspection of centralized procurement institutions. And add: "The centralized procurement of departments should strictly follow the principle of" separation of procurement and management ",and at the same time accept the supervision and inspection of auditing and government procurement supervision and management departments".
(9) It is suggested that Article 18 [Work Requirements of Centralized Procurement Organizations] and Article 19 [Requirements of Centralized Procurement] be exchanged. First, there are requirements for centralized procurement, and then there are requirements for the work of centralized procurement institutions.
For example, "those that are suitable for batch centralized procurement in the centralized procurement catalogue" and "those that are not included in the centralized procurement catalogue" are colloquial and not rigorous.
"For projects with common special requirements in this department and this system, the competent budget unit is encouraged to collect the requirements of its own budget unit and organize procurement in a unified way".
"For procurement projects with similar needs, buyers are encouraged to jointly purchase voluntarily to improve efficiency".
It is suggested to amend it to: "The government procurement items in the centralized procurement catalogue are suitable for batch centralized procurement" and "The government procurement items not included in the centralized procurement catalogue"
(eleven) the revision of article twentieth
Article 20 is about "requirements for non-centralized procurement". "For government procurement projects outside the centralized procurement catalogue, the purchaser may entrust a procurement agency to handle them and purchase entrusted agency services in accordance with the provisions of this Law". However, there are no relevant provisions in this law on how purchasers purchase entrusted agency services.
Considering the law as a whole, at present, the purchaser is only required to choose the purchasing agency according to law, that is, to choose the entrusted agency service. If the choice is changed to more explicit "procurement" in the future, then at least the terms and provisions of "procurement agency service" will be added in the revision of the implementation regulations in the future.
(12) Amendments to Article 28
Article 28 is about [policy makers and implementation measures]. In order to promote the development of small and medium-sized enterprises, "subcontracting" should be regarded as an implementation measure.
It is suggested to be revised as follows: the government procurement policy objectives are implemented through compulsory procurement or priority procurement measures such as formulating procurement demand standards, reserving procurement shares, evaluating preferential treatment, ordering first purchase, subcontracting, etc.
(XIII) General revision opinions on Chapter IV Procurement Demand Management.
Adding procurement demand management to government procurement law, grasping the foundation and core of government procurement management, but emphasizing its importance does not mean to reflect all its management requirements and regulations in law. The legal provisions should be principled, important and unchangeable, and the relevant specific operational provisions should be placed in the implementation regulations and relevant departmental regulations.
Suggestions, regardless of "general provisions" and "special provisions". Procurement demand management only talks about three contents, one is the compilation of government procurement budget and the compilation of procurement project budget; The second is procurement demand management, including procurement demand definition and preparation requirements, procurement demand investigation; The third is the preparation of procurement implementation plan.
Put the content of "special provisions" in departmental regulations, because the relevant provisions may be adjusted and revised at any time, and the government procurement law cannot be revised frequently because of its adjustment.
Suggestion: Add one item "Government Procurement Budget and Procurement Project Budgeting", keep Article 30 "Procurement Demand Management" and Article 31 "Procurement Demand Investigation", delete Article 32 "Estimated Procurement Value" and merge it into "Government Procurement Budget and Procurement Project Budgeting", and put Article 33 "Estimated Procurement Value and Procurement Price Limit" as a requirement in the added "Government Procurement Budget and Procurement Project Budgeting". Article 34 [Preparation of Procurement Implementation Plan] is retained, and Article 35 [Internal Control Mechanism of the Purchaser] is placed in Chapter 2 "Parties and Participants in Government Procurement" as a requirement for the purchaser. All the contents of "special requirements" are put into the implementation regulations or departmental rules.
(14) Suggestions on specific amendments to Chapter IV.
The provisions in the fourth chapter mainly draw lessons from the "Measures for the Management of Government Procurement Requirements", but because this method is rough and colloquial, it still needs to be polished and standardized when it becomes law. Such as "there is no relevant national standard" and "if there is a clear procurement budget, the procurement budget can be used as the estimated value of the procurement project". Does it mean that the procurement project may not have a procurement project budget?
The whole expression is not very rigorous, including "project", "procurement project" and "government procurement project". Purchase Budget, Purchase Project Budget, Estimated Value of Purchase Project and Total Purchase Amount of Project. Should be unified.
(fifteen) suggestions for the overall revision of the "Chapter V Government Procurement Mode"
"Bidding" is a procurement method, but according to more than 20 years’ practice, a specific amount standard applicable to "bidding" procurement method should be determined. As one of the prerequisites, it is in line with the procurement project of "being able to determine detailed specifications and specific requirements". Only when this specific amount standard is reached can the bidding procurement method be selected, which is conducive to standardizing procurement behavior and improving procurement efficiency.
Regarding the "two-stage bid opening and bid evaluation" in the "procurement project with complex technology or strong professionalism, the purchaser can adopt two-stage bid opening and bid evaluation for the part of the supplier’s bidding documents that does not contain quotation", this is not a strict two-stage bidding, andGPAThere is a difference between the two stages of bid evaluation. It’s just a phased review.
The definition of inquiry purchase method cannot be simply applied.2003The edition of "technology and service standards are unified, and the market supplies stable and sufficient services and projects", because "stable and sufficient market supplies" cannot be matched with "projects".
(XVI) Revision of Chapter VI Government Procurement Procedures
Although the author has repeatedly proposed to increase the government procurement procedures, he does not recognize the provisions of the government procurement procedures in the draft for comments, especially the "general provisions" should be the basic provisions of the government procurement management and operation procedures and processes, and other provisions should be placed in the implementation regulations or departmental regulations.
The management and operation rules and procedures of government procurement correspond to the main body and responsible person of its procurement activities. For example, from the feasibility study of government procurement projects to the filing of final procurement data. What are the responsibilities of the purchaser, what are the responsibilities of the regulatory authorities, and what can be entrusted by the purchaser to others. The procedures of a complete procurement project should be: feasibility study of procurement project, preparation of procurement project budget, approval and release of government procurement budget, disclosure of intention, formulation of procurement demand, preparation of procurement implementation plan (selection of procurement method, determination of procurement form, formulation of contract, etc.), award and implementation stage of contract (people call it small concept procurement), settlement of disputes, signing and performance of contract, and acceptance.
It is suggested that the "Specific Procedures of Various Purchasing Methods in Section II" be revised to "Operating Procedures of Purchasing Methods"
Even if it is suggested that some of the general provisions in the first section should be put into implementing regulations or departmental regulations, some provisions should be revised. For example, "effective competition, open competition, limited competition and non-competition" make it difficult for people to distinguish. How to translate it into foreign languages in the future?
Article 40 There is also a "total value of government procurement projects". What is the connection and difference between this and "estimated value of procurement projects"?
"Single-source procurement is a non-competitive procurement method, which should be approved by the procurement supervision and management department of the people’s government at or above the city or autonomous prefecture level before the start of procurement activities." This provision is original.2003Version, and "the approval of the people’s government procurement supervision and management department" is wrong. "Government procurement" is a technical term, which is generally inseparable. If the sentence is taken in its original meaning, "people’s government", "procurement supervision and management department" or "people" and "government procurement supervision and management department" are all wrong.
As for "procurement documents", procurement documents are a special direction, which are generally divided into big concept procurement documents and small concept procurement documents, and all procurement-related documents are procurement documents. Therefore, there should be a difference.
Regarding the "waiting period", people generally refer to the bidding procurement method as "waiting period", while other procurement methods are called response time, so it is suggested to unify it as "response period" or "response time".
Regarding the use of "termination", "termination" means stopping and not continuing. Except for those who cancel the procurement task due to major changes, they will not continue the procurement activities, and others will only temporarily stop and suspend.
(XVII) Revision of Article 60 [Requirements for Procurement Archives Management]
It is best to arrange the documents according to the steps and procedures (sequence) of procurement. It is suggested to amend it to:
Documents and materials include procurement project budget, intention disclosure, procurement demand investigation, procurement implementation plan, procurement documents, procurement document correction materials, bidding, response documents, evaluation criteria, evaluation report, calibration documents, government procurement contracts, acceptance certificates, query replies, complaint handling decisions, procurement activity records and other relevant documents and materials.
(XVIII) Amendment to Article 63 [Procedures for Competitive Negotiation]
Will "and clarify the contents of the negotiations, including the indicators that have determined the solution but need to be refined, and the evaluation and acceptance criteria that need to be clarified, or the suppliers provide various parts of the solution and the corresponding evaluation and acceptance criteria, etc.; Reduce the rules and standards of suppliers ",change" reduce "to" and clarify the negotiation contents, including the indicators that have been determined but need to be refined and the evaluation and acceptance criteria that need to be clarified, or the suppliers provide all parts of the solution and the corresponding evaluation and acceptance criteria; The evaluation method shall specify the main evaluation factors and the rules and standards for eliminating suppliers by weight.
In competitive negotiation procurement, it is possible that the qualification conditions of suppliers will change after changing the procurement requirements. Therefore, for procurement negotiations that have changed the procurement requirements, a new announcement should be made according to the new procurement requirements, and this provision must be added. This is another form of two-stage bidding.
(XIX) Revision of Article 65 [Procedures for Innovative Cooperation Ways]
Generally speaking, the word "stage" is too much for innovative cooperation methods and procedures.
As for "the negotiating team focuses on negotiating with a single supplier separately", the author thinks it is not necessary. It is better to talk about some issues together, and more suggestions can be obtained through mutual "discussion".
"Innovative product promotion and application. Before the commercialization of innovative products, other purchasers can use the first purchase price as the maximum price to purchase for trial; Innovative products involving national security may require purchasers to make compulsory purchases. " The two "may" do not have the same meaning, and can be modified as: "Promotion and application of innovative products. Before the commercialization of innovative products, other purchasers can purchase the trial at the first purchase price as the maximum price; For innovative products involving national security, relevant departments should require purchasers to make compulsory purchases. "
(20) Revision of Article 67 [Procedures for Procurement Methods of Framework Agreement]
"(two) to determine the supplier. According to the framework agreement, the purchaser or service object selects the second-stage supplier from the first-stage shortlisted suppliers and concludes the procurement contract by means of direct selection, waiting or competition. The procurement contract awarded according to the framework agreement shall not substantially modify the terms stipulated in the framework agreement. "
It is revised as "(2) Determining the supplier of the transaction. According to the framework agreement, the purchaser or service object selects the supplier from the shortlisted agreement by means of direct selection, waiting or competition, and concludes a contract for specific procurement projects. The procurement contract awarded according to the framework agreement shall not substantially modify the terms stipulated in the framework agreement. "
(XXI) Amendment to Article 71 [Form of Contract]
Therefore, it is suggested that Article 71 [Form of Contract] be placed after Article 68 [Application of Contract]. Amended as: "The government procurement contract shall be in written form.
Chapter VII The contents of government procurement contract management are suggested to be adjusted as follows:
Application of Contract, Form of Contract, Type of Contract, Basic Contents of Contract, Requirements of Contract, Prohibition and Subcontracting of Contract, Performance Bond of Contract, Announcement of Contract, Signing Time of Contract, Contract and Filing, Contract Addition, Contract Modification, Suspension or Termination, and Contract Performance
There is another "total contract price" in the contract. What is the relationship between "total contract price" and "contract price"?
(XXII) Revision of Chapter VIII Dispute Settlement
There are three suggestions for the revision of Chapter VIII dispute settlement. First, it is suggested to add a "consultation" clause. Consultation is not a precondition for questioning or complaining. The second is to combine the current reform of the "administrative adjudication mechanism" and add mature things to the clauses. The third is to handle the complaint by the "government procurement supervision and management department at the same level" and modify it to "the department specified by the government department at the same level or the government procurement supervision and management department".
Article 82 If a supplier believes that his legitimate rights and interests have been harmed by the procurement documents, procurement process, bid winning, transaction closing and shortlisting results, he may question the purchaser or the procurement agency entrusted by him in writing. It is revised as: "If the supplier thinks that the procurement documents, the procurement process, the results of winning the bid, closing the transaction and being shortlisted have harmed his legitimate rights and interests, he may ask the purchaser or the procurement agency entrusted by him in written form".
(twenty-three) on the revision of Chapter IX supervision and inspection.
The key points of supervision and inspection modification suggestions are:
First, it is necessary to supervise and inspect the main responsibilities of the parties and the main participants. Therefore, in the future implementation regulations, there should be a list of responsibilities (scope of responsibilities) of all parties and main participants. Second, it is necessary to strengthen supervision and inspection of centralized procurement of departments. Third, the contents of supervision and inspection should be formulated separately for centralized procurement institutions and social procurement agencies. Fourth, purchasers and centralized procurement institutions cannot be juxtaposed, one is the legal subject and the other is the trustee.
(XXIV) Amendment to Article 101 [Duties of the Purchaser]
The responsibility of the purchaser is mainly based on the main responsibility of the purchaser, adding relevant clauses and adjusting its order according to the government procurement procedures. Recommendations are:
1.Failing to formulate or implement the internal control provisions of government procurement;
2.Not strictly in accordance with the approved budget;
3.Failing to publish government procurement information in the designated media according to law;
4.Failing to determine the procurement demand and prepare the procurement implementation plan in accordance with the provisions of this law;
5.In violation of the provisions of this law, the organization form of procurement is determined, the government procurement method is selected, the competition scope, evaluation method and contract pricing method are formulated, or the procurement procedures stipulated in this law are violated;
6.Raising procurement standards without authorization;
7.Differentiate or discriminate against suppliers under unreasonable conditions;
9.Failing to reply to the supplier’s query within the time limit or failing to cooperate with complaint handling or administrative reconsideration;
10.Collusion with other participants in government procurement;
11.Accepting bribes or seeking other illegitimate interests in the procurement process;
12.Divulging state secrets or commercial secrets, disclosing personal information that is not allowed to be disclosed according to law or disclosing procurement projects that have not been disclosed;
13.Illegally changing the results of bid winning, transaction and shortlisting, or failing to sign a procurement contract or framework agreement with the bid winning, transaction and shortlisted suppliers within the statutory or agreed time limit after the notice of bid winning, transaction and shortlisting is issued;
14.In violation of the provisions of this law, the government procurement contract is changed or dissolved without authorization;
15.Failing to accept the supplier’s performance in accordance with the provisions of this law;
16.Failing to properly preserve the documents and materials of procurement activities according to law, or forging, altering, concealing or destroying documents and materials illegally;
17.Failing to evaluate the performance of government procurement according to law;
18.Refusing the relevant departments to carry out supervision and inspection according to law, or providing false information in the dispute settlement, supervision and inspection carried out by the relevant departments according to law;
19.Violation of other provisions of this law.
(25) Amendment to Article 102 [Responsibilities of Procurement Agency]
"If a procurement agency is under any of the following circumstances, it shall be ordered to make corrections within a time limit, given a warning, and may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on the procurement agency". Government procurement agencies include centralized procurement agencies, and it is still financial money to impose fines on centralized procurement agencies.
Therefore, this "procurement agency" should refer to the social procurement agency.
(XXVI) Amendment to Article 103 [Responsibilities of Centralized Procurement Institutions]
With the determination of the procurement method of framework agreement, centralized procurement institutions have certain responsibilities in the procurement of framework agreement. Therefore, relevant penalties for failure to perform their duties should be added to the responsibilities of centralized procurement institutions.
(XXVII) Amendment to Article 105 [Responsibilities of Suppliers]
What is the concept of "purchase amount" on the issue of "imposing a fine of more than five thousandths and less than ten thousandths of the purchase amount"? Budget for purchasing projects? Estimated value of procurement project? Supplier’s own quotation? Contract price? Winning bid? This must be clear, otherwise it will be controversial. It is suggested that the quotation submitted by the supplier shall prevail. This is the least controversial.
(28) It is suggested to add a chapter on "Exceptions".
Put Article 113 [Provisions on the Procurement of Loans and Grants], Article 114 [Provisions on the Procurement of Loans and Grants] and Article 115 [Military Procurement] in the exception chapter, and add [Procurement under special circumstances], such as: procurement under particularly favorable conditions that only appear in a short time due to liquidation, bankruptcy or auction, etc., and this Law is not applicable.
(XXIX) Amendment to Article 116 [Legal Application of Bidding and Procurement Methods for Projects]
It is suggested to delete Article 116 [Legal Application of Bidding and Procurement Methods for Projects] and make special provisions on bidding and procurement methods for government procurement projects in the implementation regulations and departmental rules.
(30) Amendment of Article 117 [Government Procurement Industry Association]
Revised as:The government procurement association is an autonomous and self-disciplined social organization in the government procurement industry.Conduct activities independently in accordance with laws, administrative regulations and articles of association.