Public Purchase blacklist system

The audit of the Beijing-Shanghai high-speed railway construction project announced shortly before the Audit Office showed that 16 construction units such as China Iron and steel Company in aggregate procurement, equipment leasing and other business, the use of false open, false or forged invoices 1297 recorded, the amount of 324 million yuan.　　Among them, 7 units such as the China Railway Bureau have found similar problems in the audit conducted by the Audit Office in 2010 and identified 365 false invoices involving an amount of $53.1295 million.　　Experts interviewed by the economic reference reported that although the "blacklist" system has been widely used, but the Beijing-Shanghai high-speed railway construction project exposed to the bidding irregularities, the public procurement in the field of "blacklist" system in the actual operation still exist many problems, need to further improve at the same time and should establish a sound unified "blacklist" system. BEIJING-Shanghai High Iron project Some suppliers should be included in the "blacklist" according to the Beijing-Shanghai high-speed Railway construction project 2010 years follow-up audit results, China Railway One bureau, such as 16 construction units in the aggregate procurement, equipment leasing business, the use of false open, false or forged invoices 1297 recorded, the amount of the total of 324 million yuan. Among them, from March 2008 to July 2010, China Railway 17 Bureau, 18 Bureau and 19 Bureau and other 3 construction units on the procurement of tender and invoice audit work is lax, resulting in 6 individual suppliers to forge business license and other ways to obtain aggregate supply business, and to forge, on behalf of the invoice 386 accounted for,　　The total amount is 216 million yuan. Guliaohai, chief legal Advisor of China Economic Reform Research Institute and senior lawyer of Liao Hai law firm in Beijing, said that so many "winning suppliers" fraudulently defrauded public funds through various fraudulent means, whether or not they were ultimately held criminally responsible, whether or not they constituted corruption, encroachment and other criminal offences, many "　　The fraudulent activities of the winning bidder are all crimes which are particularly serious and conform to the constituent elements of the "blacklist". "The so-called ' blacklist ', is our ordinary people usually more popular version of the argument."　　Guliaohai said that in the public procurement market, a certain (including natural persons) or some suppliers in the government procurement market violations, resulting in a specified period or permanently declared ineligible to participate in public procurement projects, which is commonly known as the "blacklist." Guliaohai told the economic reference newspaper reporter, this kind of system in the domestic early law has specifically stipulated, is our country August 30, 1999 promulgated the first public procurement law, namely "the tender and bidding law". According to article 53rd of this Law, 54th of the provisions, if the suppliers of tenders or mining, for the existence of blending between the two parties, or the suppliers of the bidding fraud, or fraudulent acts to defraud the government procurement contract, the regulatory authorities may, according to the seriousness of the circumstances of the offence, to the illegal person to give "　　Blacklist "penalty, that is," to cancel their participation in the year to three years in accordance with the law must be invited to tender the bidding qualification and to be announced. " "China's second public procurement, promulgated on June 29, 2002Law, the Government Procurement Act, also on a similar ' blacklist ' system made specific provisions, Guliaohai said, if the supplier to provide false materials to obtain the successful bidder, the deal, or to take improper means to denigrate, crowding out other suppliers, or with the purchaser, other suppliers or procurement agencies malicious collusion, Or to the purchaser, the procurement agency to bribe or provide other improper interests, or in the process of tendering and procurement negotiations with the purchaser, or to refuse the relevant departments to supervise inspection or provide false information.　　As long as one of the foregoing cases occurs, the supplier will be barred from participating in government procurement activities within 1-3 years. In addition, in 2008, the National Development and Reform Commission and other ten ministries issued the "Provisional measures for the recording of illegal acts of public bidding" (hereinafter referred to as "interim measures"). The interim measures includes four chapters 21, which relate to the scope and object of the announcement system, the subject of the announcement, the basic content and procedure of the announcement, and the follow-up supervision and management. "This means that our country formally establishes the record announcement system of the illegal tendering and bidding," said Zhao Zenhai, director of Chinese Bidding Association　　This is also equivalent to the so-called "blacklist" system, for the effective containment of China's bidding market for a long time illegal violations have a certain positive significance. "Blacklist" system implementation still have a lot of problems "Beijing-Shanghai Gao Tiezhong illegal suppliers, in accordance with the law, be included in the ' blacklist ' should be said to be without any problems, but in practice it is not easy to implement."　　"Guliaohai said. Indeed, there are still many problems in the actual operation of the "blacklist" system. Zhao Zenhai that in practical work, because many local government procurement supervision and management departments, rarely use or do not use the "blacklist" of punishment measures to curb the violations of suppliers, resulting in a number of suppliers always ignore the law, wanton use of false materials for winning the bid, the qualification,　　Or with other procurement parties malicious collusion, common to the national and social public interest, and so on, some repeated repeated, repeatedly, seriously disturbed the normal market order, violated the legitimate rights and interests of others. Zhao Zenhai told the economic reference newspaper reporter, in reality, the Government law enforcement departments between the lack of mutual information and exchanges of the laws and regulations of suppliers, which led to their understanding of the supplier's credit situation is not comprehensive, in-depth and thorough, In turn, some suppliers have been severely discredited or punished by a law enforcement department, while the other relevant law enforcement departments are completely unaware of their "criminal record" of punishment. Some law enforcement agencies to implement the "blacklist" of suppliers, the scope of their publicity is small, some only limited to the local, and some only issued a paper punishment documents, and even some have no external substantive public exposure, etc., this will not only lead to "blacklist" the effect of punishment in only.　　In addition, there are some problems in reality, such as penalty measures are not in place and bulletin platform is not unified. Since two public procurement laws have a long list of "blacklist" rules, whyIs it difficult to implement effectively in practice?　　"This involves a lot of reasons," Guliaohai said, the existing two public procurement law ("Government procurement Law" and "bidding law") of their own shortcomings, it is difficult to effectively apply the "blacklist" system. In his view, the conflict in the jurisdiction of the two public procurement laws was also an important cause. Judging from the report of the Audit Commission, Beijing-Shanghai High Iron Project involving goods, engineering or services, supervision, construction, design and other items are services, materials, Shi, cement and other items are goods, these services and goods procurement, if the state investment, are under the jurisdiction of the government procurement law. If the provisions of the Government Procurement Act are invoked, the conflicts of interest between the relevant personnel and the relevant departments must be avoided; At present, however, the procurement of railway system is not within the jurisdiction of the current government procurement law.　　So "it is almost impossible to implement a ' blacklist ' system from an independent department". Not only that, Guliaohai also said that two public procurement laws did not provide for permanent or open-ended "blacklist". Many suppliers are barred from participating in government procurement projects for a short time, without endangering survival, but if the supplier suffers a permanent or open-ended "blacklist", this will certainly deprive the supplier of its right to survive in government procurement programs.　　As a result, suppliers will not be desperate.　　In addition, although the two public procurement laws provide for a "blacklist" system, the law does not specify how penalties for such penalties will be made public.　　To establish a sound and unified "blacklist" system in order to better play the effectiveness of the "blacklist" system, experts generally believe that still need to further improve the existing system. "At present, the national scope has not formed a set of unified, specific, detailed ' blacklist ' system operation rules, which requires relevant government departments to promulgate relevant regulations to standardize the construction of the market, clear responsibility Division of labor and Law enforcement procedures, so that the publicity system has more operational details."　　"Zhao Zenhai said. He further said that it is more necessary to strengthen the Department of Joint Law Enforcement, expand the "blacklist" publicity coverage, strict administration according to the law, a unified "blacklist" published Public media and channels, serious review of supplier qualification, comprehensively improve the administrative law enforcement personnel "play hardball adhering" determination, the standard implementation of "blacklist" The punishment measures and so on many measures simultaneously. "We also hope that the increasingly perfect ' blacklist ' system will tighten the door to the bidding market, strengthen deterrence and punishment for those who bribe, and promote the healthy development of the bidding market." "In the long run, our country joins WT OG PA is inevitable, however," our domestic government procurement legal system still has the serious flaw, the conflict, the contradictory law still has many, has not established the independent Purchase law supervision system and the supplier right relief mechanism as well as the unified information disclosure system.　　"Guliaohai said. Taking the establishment of effective supplier rights relief mechanism as an example,Guliaohai said that for many years, due to the lack of effective supplier rights protection mechanism, domestic suppliers to participate in government procurement, the first thought is how to dredge various relations, how to get through various joints, and rarely consider the procurement process, how the law is stipulated. Tender suppliers ' complaints or lawsuits are usually the effective way to discover corruption in public procurement, the most convenient window for the supervision Department to obtain corruption information, and the way to understand the effective use of public funds. Therefore, the establishment of an effective supplier rights relief mechanism, on the one hand, can effectively protect the injured suppliers, enhance the supplier's confidence in government procurement, enhance competition and supervision awareness, on the other hand, can also to a large extent to avoid the government procurement Department of Black-screen operation phenomenon, In order to effectively combat corruption in our public sector and ensure the effective use of taxpayer funds.　　At the same time, it can prevent many suppliers to make every effort to collusion with the procurement department and the tendering company to defraud huge public funds. In a word, the establishment of "blacklist" system must first have the rules of upper law, to follow the law, "China Academy of Social Sciences, Institute of Economic Law, Dr. Kim Shan-ming, the second is to establish a unified standard, not multiple standards, long supervision, at the same time, but also to standardize the implementation of the blacklist, clear the responsibility of the relevant subject, To provide effective relief to the victims, give the listed enterprises the necessary administrative reconsideration and administrative litigation rights, establish a reasonable exit mechanism.