As an important reform measure to innovate the way of providing government public services, promote the transformation of government functions, and implement performance management in an all-round way, government procurement of services is an important institutional innovation in government procurement. In view of the subtle differences between the central budgetary unit and the local budgetary unit of Shandong Province in government procurement services and government procurement services, in order to accurately describe the practical relationship between the two and reflect the relevance of the two to specific industries, this article only uses Shandong Province. From the perspective of legal service procurement of budget-level units, this paper makes a practical discussion on government procurement services and government procurement services, in order to provide ideas and practical references for government procurement and government procurement services.

According to the "Government Procurement Law", government procurement refers to the act of using fiscal funds to purchase goods, projects and services that are within the centralized procurement catalogues formulated according to law or above the procurement quota standards by state organs, institutions and organizations at all levels. ; This Law shall apply to government procurement conducted within the territory of the People's Republic of China. Accordingly, government procurement behaviors should be defined in terms of procurement entities, funding sources, centralized procurement catalogues and procurement quota standards, procurement targets, and geographical scope.

According to the "Administrative Measures for Government Procurement Services" (Order No. 102 of the Ministry of Finance), government procurement services refer to the service matters that state agencies at all levels will fall within their own scope of responsibility and are suitable to be provided in a market-oriented way, according to government procurement methods and procedures. , and hand it over to qualified service providers and pay them according to factors such as the quantity and quality of services; the specific scope and content of government-purchased services are managed by a guiding catalogue, which will be published in accordance with the law. It is generally believed that government purchases of services should be defined in terms of purchasers and instructive catalogs.

1. On the subject, government procurement subjects include state organs, institutions and organizations. The main body of government procurement of services is state organs. At the same time, party organs, CPPCC organs, democratic party organs, public institutions that undertake administrative functions, and group organizations that use administrative establishments use fiscal funds to purchase services. should be referenced.

2. In terms of scope, government procurement items are included in the centralized procurement catalogue, and items outside the centralized procurement catalogue and above the procurement quota standard. In practice, the "Notice of Shandong Provincial Department of Finance on Printing and Distributing the Catalogue and Standards for Centralized Procurement of the Shandong Provincial Government" (Lu Caicai [2020] No. 30, hereinafter referred to as "Lu Caicai [2020] No. 30 Document") stipulates the centralized procurement. Purchasing catalogue, including 13 service items; Government purchasing service items are items in the guiding catalogue, "Notice of Shandong Provincial Department of Finance on Printing and Distributing the Guiding Catalogue of Shandong Provincial Government Purchasing Services (2021 Edition)" (Lu Caicai [2021] No. 18, hereinafter referred to as “Lu Caicai [2021] No. 18 document”) The guiding catalogue, including 232 three-level service catalogues.

3. In budget preparation, government procurement service projects and government procurement service projects should prepare budgets according to law. In addition, the "Shandong Provincial Department of Finance on Printing and Distributing the "Implementation Measures for the Administration of Purchase of Services by the Shandong Provincial Government" (Lu Caicai [2021] No. 10, hereinafter referred to as "Lu Caicai [2021] No. 10 Document"), "Notice of Shandong Provincial Department of Finance on the Budget Preparation and Implementation of Provincial Government Procurement and Government Procurement Services in 2022" (Lu Caicai [2021] No. 22, hereinafter referred to as "Lu Caicai [2021] 22 Article") and " Provisions of the Shandong Provincial Department of Finance on the Compilation and Implementation of Provincial Government Procurement and Government Procurement Service Budgets in 2021 (Lu Cai Cai [2020] No. 36, hereinafter referred to as "Lu Cai Cai [2020] No. 36 Document") , for government procurement of service projects that are also government procurement, the government procurement service project budget shall be compiled together with the government procurement budget.

4. In terms of procurement methods and procedures, government procurement service projects can adopt 6 procurement methods, including public bidding, invitation to bid, competitive negotiation, single-source procurement, competitive negotiation, and framework agreement. The relevant purchasing procedures organize purchasing activities. In principle, government procurement of service items should be implemented in accordance with the methods and procedures of government procurement. However, when local purchasers in Shandong Province purchase service items that are not included in the government’s centralized procurement catalog and are below the procurement quota standard, they can be determined to undertake by simple methods such as competitive review and targeted entrustment. main body.

5. With regard to the application of contract types, the contract types for government procurement service projects and government procurement service projects should be determined in accordance with the typical contract types stipulated in the Civil Code and based on the actual situation of the procurement target.

According to the "Government Procurement Law" and its implementing regulations, services refer to other government procurement objects other than goods and projects, including services required by the government itself and public services provided by the government to the public.

The Ministry of Finance's "Notice on Printing and Distributing the <Government Procurement Item Classification Catalog" (Cai Ku [2013] No. 189, hereinafter referred to as “this catalogue”) serves as a standard for the application of centralized procurement catalogues and the preparation of government procurement budgets and other government procurement activities The important administrative normative documents made specific specifications for the relevant content of legal services. According to the catalog, "legal services" is a secondary category of business services, including legal litigation services, legal consulting services, legal aid services, intellectual property legal services, legal document agency services, notary services, arbitration services, and mediation services. and other legal services and other 9 third-level items.

Legal litigation services include criminal litigation legal services, civil litigation legal services, administrative litigation legal services, foreign-related litigation legal services and other legal litigation services; legal consulting services include criminal litigation legal consulting services, civil litigation legal consulting services, and administrative litigation legal consulting services , legal consulting services for foreign-related litigation and other legal consulting services; legal aid services include legal aid services for minors, legal aid services for vulnerable groups and other legal aid services; intellectual property legal services include legal services such as trademark rights, patent rights, and agency applications ; Legal document agency service includes contract document agency service, will document agency service, property document agency service, foreign-related legal document agency service and other legal document agency service; notary service includes contract notarization service, will notarization service, property notarization service, documents, Certification and notary services, identity and social relations notary services, public welfare activities notary services and other notary services; arbitration services include foreign-related arbitration services, economic arbitration services, labor arbitration services, patents and other intellectual property arbitration services and other arbitration services; mediation services include civil Mediation services, labor mediation services and other mediation services. Other legal services include law-related investigations, forensics, and identification services.

According to the "Administrative Measures for Government Procurement of Services" (Order No. 102 of the Ministry of Finance) and the "Opinions of the Ministry of Justice   the Ministry of Finance on Establishing and Improving the Mechanism for Government Procurement of Legal Services" (Si Fa Tong [2020] No. 72, hereinafter referred to as the "Ministry of Justice") Fatong [2020] No. 72") stipulates that the scope of legal services purchased by the government includes the public legal services provided by the government to the public and the auxiliary legal services required by the government to perform its duties.

According to the provisions of Document No. 72 of Si Fa Tong [2020], the public legal services provided by the government to the general public are mainly for the government to entrust lawyers, grass-roots legal service workers, etc. The public, public welfare, inclusive and bottom-line legal services provided by social forces to citizens, legal persons and other organizations. Including legal aid services; legal assistance services for duty lawyers; village (residential) legal advisory services; legal publicity and education services; people's mediation services; Lawyers resolve legal and litigation petition cases; public welfare notarization and forensic identification services; arbitration committees participate in grassroots dispute resolution services; and so on.

According to the provisions of Document No. 72 [2020] of Si Fa Tong, the auxiliary legal services required by the government to perform its duties are mainly government legal advisory services and other auxiliary legal services provided by social forces such as lawyers and grass-roots legal service workers entrusted by the government, including Participate in the review of the legitimacy of major decisions and major law enforcement decisions, and provide legal opinions for major decisions and major administrative actions; participate in the drafting and demonstration of laws and regulations, intra-Party regulations and normative documents; participate in the negotiation of cooperation projects, and draft and revise important laws documents or contracts; participate in the handling of legal affairs such as administrative reconsideration, litigation, arbitration; provide legal services for handling law-related litigation cases, petition cases and major emergencies; Activities for contract certification, rights confirmation, preservation evidence, on-site supervision and other notarization; and so on.

Although Lu Caicai [2021] No. 18 only stipulates "legal services" in the secondary catalogue of the government's auxiliary services for performing duties, it is included in the secondary catalogue of "social security" in the catalogue of basic public services. It includes three items including "public welfare basic legal services", "legal aid project implementation", "notarization, judicial identification and legal aid". Therefore, there are 7 items in the three-level catalogue related to legal services included in the Shandong Provincial Government's Guiding Catalogue for Purchasing Services, which are basic legal services for public welfare, including those for disadvantaged groups, small and micro enterprises, rural collective economic organizations, villages (communities), etc. Services provided for public welfare legal counsel, consultation, defense, agency, notarization, forensic identification, etc.; the implementation of legal aid projects, that is, to provide free legal services for parties with financial difficulties and in line with the scope of assistance matters or special cases; notarization, forensic identification legal services Assistance; community (village) one legal advisory service; administrative litigation agency response legal services, namely administrative litigation agency response, administrative reconsideration legal services; government legal advisory services; government legal advisory services.

Judging from the aforementioned norms, unlike government procurement legal services classified based on legal relationships, the scope of government procurement of legal services highlights public and public welfare, focusing on improving people's livelihood, serving the transformation of government functions and improving the performance of financial funds. important goal.

The centralized procurement catalogue stipulated in Lu Caicai [2020] No. 30 includes the item "Legal Services" (code: C0801). Lu Caicai [2021] No. 18 also contains relevant content of legal services. Therefore, different budgets should be prepared separately for different entities.

State organs, party organs, CPPCC organs, democratic party organs, public institutions undertaking administrative functions, and group organization organs using administrative establishment, Procurement and Government Procurement Service Budget Preparation and Implementation Notice (Lu Caicai [2020] No. 36), Shandong Provincial Department of Finance on the 2022 Provincial Government Procurement and Government Purchase Service Budget Preparation and Implementation Notice (Lu Caicai [2021] No. 22) and other relevant budget preparation documents require that when purchasing legal services, the government procurement budget and the government procurement service budget should be compiled together.

Provincial budget units in Shandong Province other than the main body of government procurement service purchasers use fiscal funds to purchase legal services and need to prepare government procurement budgets.

According to the provisions of Lu Caicai [2020] No. 30, legal services are included in the centralized procurement catalogue of local budget units in Shandong Province. According to the "Government Procurement Law" and its implementing regulations, Lu Caicai [2020] No. 30 document, Lu Caicai [2021] No. 10 document and "Shandong Provincial Finance on Printing and Distributing Shandong Provincial Government Purchase Services Competitive Review and Targeted Entrustment Management" According to the Circular of the Measures (Lu Cai Cai [2020] No. 8), the provincial purchasers in Shandong Province can adopt a total of 6 procurement methods: public bidding, invitational bidding, competitive negotiation, single-source procurement, competitive negotiation, and framework agreement. It is not advisable to purchase legal services through simple methods such as competitive review and directional commissioning.

It should be noted that if the annual legal service procurement budget reaches more than 4 million, the public bidding method should be adopted. Due to special circumstances, if a procurement method other than public bidding is required, an application should be submitted through the "official document circulation" module of the "Shandong Provincial Government Procurement Management and Trading System" before the procurement activity begins. Except for the single-source procurement method application, which is reviewed by the Shandong Provincial Department of Finance, the rest of the procurement method change applications are reviewed by the competent budget units.

In addition, for those who purchase legal services through framework agreement procurement, it should be noted that the first stage of the solicitation process and the conclusion of the framework agreement are the responsibility of the centralized procurement agency.

At the same time, the "Interim Measures for the Administration of Online Shopping Malls for Government Procurement of Shandong Province" (Lu Caicai [2020] No. 34) and the "Notice of the Shandong Provincial Department of Finance and the Shandong Provincial Department of Justice on Further Doing a Good Job in the Designated Procurement of Legal Services" (Lu Caicai [2020] No. 34) 2020] No. 34), if the annual budget does not exceed 4 million yuan, it can be implemented through designated procurement through the Shandong Provincial Government Procurement Online Mall. In terms of the procurement mechanism, if the procurement budget amount does not reach 500,000 yuan, the legal service agency can be determined through direct purchase or bidding. For those of more than 500,000 yuan, the legal service institution shall be determined through bidding.

State organs, party organs, CPPCC organs, democratic party organs, public institutions undertaking administrative functions, and group organizations using administrative establishments, shall comply with the "Government Procurement Law" and its implementing regulations, " According to the requirements of laws and regulations such as the Administrative Measures for Government Procurement Services (Order No. 102 of the Ministry of Finance) and the Notice of Shandong Provincial Department of Finance on Printing and Distributing the Administrative Measures for the Acceptance and Acceptance of Government Procurement in Shandong Province (Lu Cai Cai [2021] No. 25), procurement Legal services are subject to performance acceptance, pre-assessment of legal service purchases, and regular performance evaluations.

Provincial budget units in Shandong Province other than the main body of government purchase of services, who use fiscal funds to purchase legal services, need to perform contract performance acceptance for the purchase of legal services.