At present, what are the problems in the performance and acceptance of procurement projects?

At present, there is a misunderstanding of "emphasizing procedures and ignoring results" in procurement activities, which makes the final battle of procurement projects - performance acceptance a mere formality, resulting in the phenomenon of stealing beams and changing columns, mismatching goods, and high allocation and low supply. At present, the current situation of procurement acceptance: the purchaser accepts or organizes experts to carry out acceptance.

Disadvantages: (1) The purchaser is not familiar with the purchased goods (goods or projects), the acceptance procedure is not professional, the acceptance report is not formed or the acceptance report stays on the text description, there is no photography or video recording of the site, and the content of the acceptance report is simple and not comprehensive enough. (2) Experts, although they have the technology of relevant procurement products, but they are not familiar with the acceptance procedures and methods, and the acceptance report formed is mostly on the text description, and there is no photography or videography of the site, and the content of the acceptance report is simple and not comprehensive enough.

3) Signing the unprofessional inspection report is a risky leader. At present, the third-party organization that can do the best acceptance in China is the Hansman family, they have been doing quality inspection for more than 20 years, have rich experience, and have nationally recognized CNAS and CMA qualifications.

1. The first merchant does not perform according to the contract. Taking the purchase of computers as an example, there is a fluke mentality in the first business, and there is a situation where the purchaser installs pirated software, which is generally difficult to be discovered, and the result is found by experts in the acceptance process.

2. The acceptance link is weak, and many first-class businessmen steal beams and change columns. Because the current policy is not detailed and binding on the first procurement performance and acceptance link, it has gradually been exposed in practice"Heavy bidding and procurement, light performance acceptance"problems. Some purchasers despise the performance and acceptance links, and the phenomenon of receiving but not inspecting, and verifying but not being true occurs from time to time, and even colludes with the best businessmen to acquiesce in changing the parameters and configurations.

3. Lack of third-party intervention, there is room for rent-seeking of rights. There is no third-party intervention to facilitate the rent-seeking of the rights of the procuring unit, which may lead to collusion between the procuring unit and the first businessman, raise the standard when preparing the budget, inflate the quantity, and acquiesce in the performance of the contract to the first business with high allocation and low supply, more recruitment and less supply, etc.

Pony Testing is a large-scale comprehensive inspection, testing, certification and inspection group in China, and is a shortlisted institution of the Ministry of Commerce's "Guidance List of Socialized Commodity Inspection Institutions for Foreign Aid Materials", which has undertaken the acceptance and inspection services of many foreign aid materials and equipment of the Ministry of Commerce, and has also undertaken the performance and acceptance of many first-class procurements.

First, the first procurement, who to the first business performance acceptance.

According to the provisions of the relevant laws of China, after the procurement is determined, the purchaser or the procurement agency entrusted by it shall organize the acceptance of the performance ability of the supplier.

2. What are the procurement methods?

** procurement methods include: public bidding, invitation to bid, competitive negotiation, single ** procurement, inquiry, ***** procurement supervision and management departments identified other procurement methods. The details are as follows:

1) Public bidding. Public bidding is the main procurement method of **procurement. The procurement of goods or services by the purchaser shall be conducted by public bidding, and the specific amount standard shall be the procurement project of the budget in accordance with the principle of hierarchical management, which shall be stipulated by the company; Procurement items belonging to the local budget shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government; If it is necessary to use procurement methods other than public bidding due to special circumstances, it shall be approved by the procurement supervision and management department of the people's government at or above the level of districted cities and autonomous prefectures before the procurement activities begin.

2) Invitation to tender. The procurement of goods or services by inviting bidding shall meet one of the following two conditions: first, it is special, in other words, the procurement of goods or services can only be purchased from a limited range of ** merchants; Second, the cost of public bidding accounts for too large a proportion of the total value of the procurement project.

3) Competitive negotiations. In accordance with the provisions of the ** Procurement Law, one of the following four conditions shall be met for ** procurement by competitive negotiation:

1. After the method of bidding, there is no first-class commercial bidding or no qualified target or the re-bidding is not established;

2. The technology is complex or special in nature, and the detailed specifications or specific requirements cannot be determined;

3. The time required for bidding cannot meet the urgent needs of users;

4. The total amount cannot be calculated in advance.

1. It can only be purchased from the only first-class negotiator;

2. In the event of an unforeseen emergency, it cannot be purchased from other merchants;

3. It is necessary to ensure the consistency of the original procurement project or the requirements of the service package, and it is necessary to continue to purchase from the original supplier, and the total amount of additional purchase funds does not exceed 10% of the original contract procurement amount.

5) Inquiry. As the name suggests, inquiry is to take the way of asking the best businessmen to procure, and it is generally applicable to the specifications and standards of the purchased goods.

1. Procurement projects with sufficient spot supply and small change range.

** Procurement Law of the People's Republic of China

Article 41 The purchaser or the procurement agency entrusted by it shall organize the acceptance of the performance of the first business. For large-scale or complex procurement projects, nationally recognized quality inspection institutions shall be invited to participate in the acceptance work. The members of the acceptance party shall sign the acceptance letter and bear the legal responsibility for the corresponding collapse.

In order to strengthen the control of the performance and acceptance of ** procurement projects, the Ministry of Finance issued on November 25, 2016 in the "Guiding Opinions on Further Strengthening the Management of ** Procurement Demand and Performance Acceptance" (Cai Ku [2016] No. 205) emphasized 5 points, since it can be emphasized, that is, there are the most problematic aspects.

Guiding Opinions on Further Strengthening the Management of Procurement Demand and Performance Acceptance:

3. Strictly standardize the performance and acceptance.

5) The purchaser shall organize the performance acceptance work in accordance with the law. The purchaser shall, according to the specific circumstances of the procurement project, organize the project acceptance by itself or entrust the procurement agency to accept it. If the purchaser entrusts the procurement agency to carry out the performance acceptance, it shall confirm the acceptance results in writing.

6) Complete and detailed preparation of acceptance plan. The purchaser or the procurement agency entrusted by it shall formulate an acceptance plan based on the characteristics of the project, and clarify the time, method, and procedures for performance acceptance. For goods projects with complex technology and large social impact, multiple acceptance links such as factory inspection, arrival inspection, installation and commissioning inspection, and supporting service inspection can be set up as needed; For service projects, the service implementation during the service period can be assessed in stages according to the characteristics of the project, and the acceptance is carried out in combination with the assessment and service effect; Engineering projects shall be accepted in accordance with the standards, methods and contents prescribed by the industry management department.

7) Improve the acceptance method. For procurement projects where the purchaser and the user are separated, the actual user shall be invited to participate in the acceptance. Purchasers and procurement institutions may invite other professional organizations or third-party professional institutions and experts participating in the project to participate in the acceptance, and the relevant acceptance opinions shall be used as reference materials for the acceptance letter.

** For public service projects provided to the public, service recipients shall be invited to participate and issue opinions during acceptance, and the acceptance results shall be announced to the public.

8) Carry out performance acceptance in strict accordance with the procurement contract. The purchaser or the procurement agency shall set up an acceptance team to accept the performance of the first merchant in accordance with the provisions of the procurement contract. At the time of acceptance, the performance of each technology, service and safety standard shall be confirmed in accordance with the provisions of the procurement contract.

After the acceptance, an acceptance letter shall be issued, listing the acceptance of each standard and the overall evaluation of the project, which shall be signed by both parties. The acceptance results shall be linked to the conditions for the payment of funds and the return of performance bonds agreed in the procurement contract. All materials for performance acceptance shall be archived for future reference.

9) Strictly implement the responsibility for performance and acceptance. For the project that has passed the acceptance, the purchaser shall pay the procurement funds and return the performance bond to the supplier in a timely manner according to the provisions of the procurement contract. For unqualified projects, the purchaser shall deal with them in a timely manner in accordance with the law.

The Contract Law of the People's Republic of China shall apply to the performance of procurement contracts, liability for breach of contract and methods of dispute resolution. If the merchant has violated laws and regulations in the process of performing the contract, the purchaser shall promptly report to the financial department at the same level.