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American public procurement system

2019-01-11 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- American public procurement system,供大家参考学习,这篇论文讨论了美国的公共采购制度。在上世纪80年代初期,美国政府为了摆脱财政赤字困境,针对联邦公共采购制度相继实施了一系列的改革措施,完善了公共采购制度,确保了公共采购制度的竞争性、公正性。到了90年代,美国开始简化公共采购过程中繁杂的业务手续,以减轻公共采购的费用,节约政府预算,减轻国民的负担。

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Historically, the procurement mode stipulated in the public procurement system of the federal government of the United States was mainly single-source procurement. Due to the lack of competition mechanism of this system, the procurement price of the government's public procurement is high, and the budget expenditure is too large, which leads to the budget deficit and once makes the federal government in financial difficulties. Since the 1980s, the United States has reformed the public procurement system for many times, focusing on ensuring the competitiveness and impartiality of the public procurement system, and simplifying the public procurement procedures.

The earliest federal public procurement system was established during the American civil war. After World War II, the United States government enacted the military procurement act of 1947 and the federal property and administrative services act of 1948. In accordance with the above laws, the department of defense has formulated the military procurement rules, and the department of general procurement has formulated the federal procurement rules. The federal procurement system implements uniform policies and procurement procedures in accordance with the federal procurement rules.

This mode of procurement is mainly single-source procurement. Due to the lack of competition mechanism, the procurement price of government public procurement is high, and the budget expenditure is too large, which leads to the budget deficit and once makes the federal government in financial difficulties.

For example, in 1983, the total value of federal procurement contracts was $168 billion, of which $152 billion was procured through non-competitive single-source procurement and only $64 billion through competitive tendering. The reasons for non-competitive procurement are: unwilling to waste time and energy in selecting suppliers through competition and other forms; The government lacks the skills and experienced officials to implement competitive procurement; Has long relied on existing suppliers for goods and services; The government has no intention to open up new procurement channels, etc. According to the U.S. accounting office's findings on single-source contracts concluded by the defense department's six major nonmilitary bureaus, procurement bureaus concluded non-competitive contracts worth $289 million. Under the protection of the department of defense's policy of military expansion, the department of justice can do nothing about the lawlessness of the suppliers. The buyer and the supplier maintain a long-term supply relationship, resulting in the formation of a corrupt system of collusion between the government and business, corruption, corruption is quite serious.

In view of the problem that the federal government mostly adopts the non-competitive single-source procurement, which leads to the high cost of purchasing goods and services, the us congress enacted the contract competition act in 1984, which became the main symbol of the public procurement system reform in the 1980s.

All suppliers meeting the qualifications of the procuring unit are eligible to participate in the bidding, that is, to use the "full and open competition" method. In order to realize complete and open competition, purchasers are required to participate in bidding by means of general competitive bidding, competitive proposal and supplier combination.

For the purchaser, the winning bidder can be determined according to the price and other related factors, and there is no need to discuss with the bidder, which can save more time to implement and review the price and content of the tender. In addition, because there are many bidders to participate, can also get a more reasonable price.

The competitive proposal is the relevant document that the purchaser requires the bid proposer to submit, and the purchaser can sign the contract with the most comprehensive value and high-level bid proposer. It is also a way to select bidders.

Supplier combination is a method adopted when public bidding is not applicable. There are two main stages to examine competitive bidding and competitive bargaining. Among them, the first stage of two-stage review of competitive bidding is to require the supplier to put forward a technical proposal and evaluate and discuss its contents, or negotiate if necessary according to the situation. At this stage, the technical feasibility of its provision of goods or services is generally assessed only without a price indication. In the second stage, qualified bidders selected in the first stage are required to participate in the bidding; Competitive bargaining is the process in which a bidder is required to submit a proposal in terms of technology, experience, etc., and then negotiate with the bidder to select the most suitable bidder for the business to sign a contract with. Purchasers who adopt this method can discuss the content, price and qualification of tendering and purchasing items, and it has certain effect on saving budget.

First, complete and open competition with the exception of fixed single source suppliers. Fixed single source suppliers include suppliers of goods and services for national defense and in response to national emergencies, as well as suppliers of goods and services related to national security such as education, non-profit organizations and research and development organizations. In addition, competitive procurement shall be introduced in all cases.

Second, non-competitive means of restriction. In the case of urgent industrial mobilization, establishment and maintenance of research and development facilities, where only one enterprise meets the qualification requirements of the purchaser, it is not necessary for the purchaser to implement competitive means.

6AO has set up an objection appeal procedure in the process of public procurement. Contracts with suppliers are prohibited if there is any unjustified procedure in the procurement process and the supplier is still in the period of objection appeal. If the complainant of the objection appeal wins the case, he can claim the litigation costs from the purchaser. In addition, a period of 90 days for objections and 25 days for replies by the procuring authority was provided for. The dissent petitioner may appeal to the public procurement committee, the federal district court and so on.

The contract competition law has removed the barriers and obstacles to complete and open competition, and formulated the competition defense officer system to undertake the responsibility of promoting competition. The system is mainly for public procurement departments to monitor the bidding activities. The competition advocate is required to report to the head of the procurement department on the use of "full and open competition" by the purchaser in the procurement process and on the exclusion of competition. The public prosecutor law enacted in 1978 also stipulates that public prosecutors have the right and obligation to monitor public procurement.

But these efforts were not well rewarded and ended in failure. In spite of the executive orders issued to the various procuring units, as a result, the procuring units enumerated and reported seven exceptions, resulting in the fact that the popular form of the reform of the procurement system had no effect. The public procurement procedures become very complicated due to a variety of competitive requirements, inspection requirements, social and economic requirements, etc. set in the public procurement rules formulated by the government.

In response to the problems existing in the public procurement system in the 1980s, in the 1990s, the us congress successively issued the federal public procurement simplification act and the federal public procurement reform act, which played a decisive role in reducing the public procurement budget and easing the regulations on public procurement.

The definition of civilian goods is expanded, and complicated contractual requirements are unnecessarily applied to the procurement of military equipment, goods and services, which are unique to the government, thus simplifying the procurement procedures. For example, equipment and services such as computers and intelligence processing machines can be purchased without onerous contractual requirements. The supplier may be required to provide the cost and price of goods, services and other public procurement items with a purchase amount of more than usd 500,000 other than general competitive bidding procurement. However, in public procurement where there is price competition or where the price of a commodity is based on market prices and prices set by law, the supplier cannot be required to provide price data.

For small purchases under $2,500, you can use a government credit card to buy directly from a nearby store without going through the purchase process.

In addition to the above, the following programmes are also provided for.

First, purchasers are required to take into account the past supply performance of each bid proposer when selecting the contractor.

Second, for enterprises that have not signed contracts with them, the procurement department is required to state its specific reasons, in order to reduce the objection appeal rate. The description includes the basis selected by the contractor, the inadequacies of the enterprise's tender proposal and the technical evaluation. Enterprises participating in the proposal must be sorted and selected from high to low. At the same time, the company that has not been selected shall be notified to appeal against the decision.

To supplement the reform of specific procurement issues not covered by the federal public procurement simplification act of 1994, President Clinton signed the federal public procurement reform act on 10 February 1996. The reform mainly includes the following two aspects.

First, in order to promote effective competition, procurement departments are given the authority to limit the scope of bidders participating in negotiations. This radically simplifies the competitive bargaining process.

Second, contracts for the design and construction of government office buildings and other facilities. The procurement department is required not only to carry out a technical evaluation of the tenderer's proposal but also to carry out a price evaluation using a two-stage review selection process. During the two-stage review selection process. Bidders are required to complete their design work before submitting their price proposal.

After the contract competition law was enacted in 1984. The federal public procurement system introduced the competition mechanism, and the complete and open competitive procurement became the general principle of the federal public procurement. The reform of the public procurement system in the 1990s mainly started from the simplification of procurement procedures, eliminating arbitrariness, expanding the discretion of procurement departments, easing the legal regulations, simplifying procurement procedures, and saving a lot of government expenditure.

Although the situation of public procurement in China is different from that in the United States, the review and reference of the reform process of the public procurement system in the United States and the analysis of the experience and gains and losses in the reform process in the United States can provide some useful reference for the future reform of the public procurement system in China. In particular, it is conducive to further saving the government budget and truly using the tax revenue of the people to serve the people and create welfare, which is also conducive to promoting the process of building a harmonious society.

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