12 research outputs found

    Waiting for Leviathan: A Note on \u3cem\u3eModern Wo\u27er Trading Co Ltd v Ministry of Finance of the People\u27s Republic of China\u3c/em\u3e

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    This article analyzes a Chinese bid protest that has taken nearly seven years to adjudicate, yet as of this writing, no institution of the Chinese state has evaluated the substance of the protester’s bid challenge. Instead, the supplier’s complaint has been snared in a grey area between two of China’s multiple bid protest systems, burdening the supplier to push China’s administrative state to respond. The saga of Modern Wo’Er Trading Company Ltd. v The Ministry of Finance of the People’s Republic of China raises compelling questions about the relationship of China’s 1999 Tender and Bidding Law and China’s 2002 Government Procurement Law, the nature of administrative power in China, and the ability of Chinese public procurement law to offer justice to aggrieved supplier

    New Rules for Supplier Bid Challenges Take Effect in China

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    Grappling with the Regulatory Environment for Chinese Public Procurement

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    The Institutional Structure for Government Procurement: An Initial Look at the Emerging Chinese Model

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    Written during the drafting process for China\u27s 2002 Government Procurement Law, this piece explores the characteristics of China\u27s emerging public purchasing regime in comparison to that of the U.S. government procurement system, highlighting some of the challenges facing implementation of the new Chinese model

    The Imperative of Returning to the Fundamental Principles of the Three Gongs [Openness, Fairness, and Justice]

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    This commentary highlights the failure to set policy priorities under China’s near decade old government procurement system and bemoans the consequences of China\u27s mixed policy signals. The author calls for China to return focus upon the guiding principles of the three “gongs”--“gongkai,” “gongping” and “gongzheng” (translated as “openness, fairness and justice) . Before China can rationally and successfully pursue secondary socio-economic policies through government procurement, or alternatively open its public procurement market to foreign suppliers, it must first master the art of maximizing competition for public contracting opportunities in its domestic public purchasing regime

    The Four into One Platform: New Reform Initiatives Compound China\u27s Dissected Public Procurement Governance

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    For over ten years now, supervision and implementation of public purchasing activities in China has largely been divided among government agencies that jealously guard their share of their regulatory pie and covet the regulatory province of other agencies. Yet vested interests are now on the defensive, as a reform process seeks to collapse the segregated regulatory regimes into a more centralized governance structure. The idea is to combine construction tendering and bidding, government procurement, public land-use auctions and public asset exchanges under one management structure called the “Public Resources Exchange Center.” Hence, some refer to the reforms as the “four into one platform.” This reform challenge seeks to reorder China’s public procurement regulatory system, and the reforms have already gained traction in local government experiments. More recently, pushed nationally by anti-corruption departments, the reforms are gaining some attention at China’s central government level. This article offers a description and analysis of the current governance structure for most Chinese public procurement and the reforms underway, identifying some issues implicated by with the reforms. Despite the promise of reform, unification of Chinese public purchasing management remains distant. As demonstrated in this article, China continues to embrace a dispersed, fluid and arguably experimental framework for public procurement governance. The burdens of such uncertainty and administrative flexibility continue to fall on market participants
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