Differences and Relations between "Government Purchasing Services" and "Government Purchasing Services"

After the Administrative Measures on Government Procurement of Services (OrderNo. Ministry of Finance 102, hereinafter referred to as OrderNo. 1 02) came into effect on March1day, 2020, many budget units still have vague understanding of the concepts of "government procurement of services" and "government procurement of services", and Article 10 of the Order is negative. 102.

I. Definition

1, services purchased by the government

According to the provisions of Article 2 of the Measures for the Administration of Purchasing Services, the term "government purchasing services" as mentioned in these Measures refers to the act of state organs at all levels entrusting services that are within their own responsibilities and suitable for market-oriented services to qualified service providers in accordance with government purchasing methods and procedures, and paying them fees according to factors such as service quantity and quality.

Key words: state organs, responsibilities, service items, market-oriented supply.

2. Government procurement services

Article 2 of the Law on Government Procurement: "Government procurement as mentioned in this Law refers to the behavior of state organs, institutions and organizations at all levels using financial funds to purchase goods, projects and services within the scope of the centralized procurement catalogue formulated according to law or above the procurement quota standard".

"Regulations on the Implementation of the Government Procurement Law of People's Republic of China (PRC)" (hereinafter referred to as "Regulations") Article 2 "Services mentioned in Article 2 of the Government Procurement Law include services required by the government itself and public services provided by the government to the public".

Combined with the government procurement law and its implementing regulations, "government procurement of services" is defined as: the use of financial funds by state organs, institutions and organizations at all levels to purchase services needed by the government and public services provided by the government to the public within the scope of the centralized procurement catalogue formulated according to law or above the procurement quota standard.

Keywords include state organs, institutions, organizations, procurement, self-service and social public services.

Second, the difference

1, the two families are different.

102 Decree Article 33 The purchasers of "government-purchased services" are limited to state organs at all levels. Party organs, organs of the Chinese People's Political Consultative Conference, organs of democratic parties, institutions undertaking administrative functions, and mass organizations using administrative establishment (hereinafter referred to as "state organs") may purchase services with reference to Order 102.

The procurement subject of "government-purchased services" covers all state organs, institutions and organizations (hereinafter referred to as "budget units"), that is, in addition to the government procurement subject (state organs) stipulated in the Order 102, other institutions and non-administrative organizations also belong to the procurement subject of "government-purchased services" (the scope of procurement content is different, which will be analyzed later).

2. Their service scope is different.

(1) The scope of "government-purchased services" is limited to public services provided by the government and auxiliary services required by the government to perform its duties.

The services provided by the government to the public mainly refer to the services provided to specific income groups and specific management objects in order to increase national welfare and manage public affairs, such as basic public services and social management services, which mainly reflect the functions of state organs. The government must perform specific and specific duties when performing its duties, and it does not generally refer to the static duties of setting posts and responsibilities.

The auxiliary services that the government needs to perform its duties mainly refer to the auxiliary services that state organs need to provide with the help of social forces when performing a specific duty. Legal services, policy (subject) research, policy (legislation) investigation and drafting demonstration, conference services, agency services, document arrangement, supervision and inspection, evaluation and acceptance, performance evaluation, engineering assistance, project review, accounting services, audit services, technical business training, information technology, logistics management, and other auxiliary services required by the government to perform its duties.

"Auxiliary services" must be closely related to "performing duties" and be in a subordinate position. Services unrelated to the specific "performance of duties" (such as those required by the government itself) cannot be regarded as "auxiliary services required by the government to perform duties", nor can all "performance of duties" (that is, matters that should be directly performed by the government as stipulated in Article 10 of Order 102) be entrusted to social forces.

(2) The scope of "government-purchased services" includes "government-purchased services" (public services provided by the government to the public and auxiliary services required by the government to perform its duties) and "services required by the government itself".

The scope of "government purchasing services" has been explained before, so I won't repeat it here.

"Services needed by the government itself" refers to logistics services that need to be purchased from social forces in order to ensure the normal operation of the unit, such as property management, security, bus rental, vehicle maintenance, restaurant hosting, system development and operation, and file processing. The basic characteristics include self-nature, internality, fixity, continuity and periodicity (with the budget year as the deadline).

Third, contact

Cross-connection of buying (purchasing) entities. According to the previous analysis, although the buyers of government-purchased services are broader than those of government-purchased services, and the service scope of government-purchased services is also wider than that of government-purchased services, it cannot be concluded that the buyers of government-purchased services (budget units) can buy all services, which needs to be analyzed in detail according to the nature of buyers (budget units) and the scope of procurement content.

Buyers of "government-purchased services" (state organs) can not only purchase the services defined in "government-purchased services" (public services provided by the government to the public and auxiliary services required by the government to perform its duties), but also purchase the services required by the government itself, that is, state organs can purchase all the services defined in the Government Procurement Law.

The procurement subject (budget unit) of "government purchasing services" is divided into two situations.

In one case, a budget unit (state organ) qualified to purchase services can purchase all services defined in the Government Procurement Law;

On the other hand, non-state institutions and non-administrative organizations can only buy "services needed by the government itself".

Cross-linking of service content range. There is a cross-connection between "government performance auxiliary services" and "services needed by the government itself", such as printing production, vehicle security, security, property cleaning, venue leasing and other services, which usually belong to "services needed by the government itself" but belong to "government performance auxiliary services" under certain circumstances. For example, when the government holds project promotion and exhibition activities, it needs procurement, printing and production, vehicle security, and security related to exhibition activities. As for some organizations assigned by government agencies to participate in specific performance activities, they are essentially cooperating with or assisting government agencies to carry out activities. They don't have the status of purchasing subject, so they can't buy these auxiliary services.

For public welfare open places, including offices of public institutions, such as libraries, museums, cultural centers, exhibition halls, gymnasiums, etc. , how to define the attributes of these public welfare open activities, as well as the service attributes such as property management and security related to open activities?

Personally, the opening activities of cultural venues belong to the responsibilities of government agencies (which can also be characterized as public services provided by the government), and related services such as property management and security are "auxiliary services required by the government to perform its duties". As for the management and service of these open activities undertaken by public institutions, it is decided by legal responsibility (or appointed by government agencies) to directly provide services for public welfare open activities. In the case that public institutions cannot provide services such as property management and security, government agencies need to purchase social forces in the form of purchasing services and cooperate with public institutions to do related activities. Institutions themselves cannot purchase these ancillary services.

Defining the management and service of public institutions as directly providing services for public services reflects the direction and connotation of the government's purchase of services to promote the classification reform and transformation of public institutions, that is, by rationalizing the relationship between public institutions and administrative departments and de-administrating, clarifying the public service functions of public institutions, promoting qualified public institutions to become enterprises or social organizations, and undertaking the government's purchase of services in the form of marketization. During the transition period of reform, in accordance with the principle of "separating government affairs from business" and "exchanging things for fees", institutions with reform conditions will no longer purchase services from institutions, arrange budget funds directly, arrange capital expenditures by contract, and gradually realize the market-oriented reform of institutions.

Clarifying the relationship between "government purchasing service" and "government purchasing service" is intended to prevent the generalization of "government purchasing service". Matters that do not belong to the purchase of services, such as market operation within the scope of non-government duties, administrative law enforcement in which the government directly performs its duties, recruitment of supernumerary personnel, disguised employment in the form of labor dispatch, rental of office space within the unit, asset leasing of financing nature, and service packaging of construction projects, are all regarded as "government-purchased services". The government's purchase of financial leasing and procurement projects in the form of services is a disguised form of government lending, which is easy to bring legal risks to financial funds.

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