Generally divided into: bidding procurement and non-bidding procurement.
According to whether the government procurement method has the nature of bidding, it can be divided into bidding procurement and non-bidding procurement. The purchase amount is one of the important criteria to decide whether to adopt bidding procurement or non-bidding procurement. Generally speaking, the procurement project with a certain amount or more adopts the bidding procurement method; For procurement projects below a certain amount, non-tendering procurement is adopted.
1. Bidding procurement
Bidding procurement refers to a procurement method in which all or a certain range of potential suppliers are invited to participate in bidding through bidding, and the government purchaser selects the winning supplier from all the bids and signs a contract with it through some predetermined and published criteria. Bidding procurement is a fair and democratic procurement method, which is widely used in government procurement. As long as the products and projects that the purchaser needs are large, they can be purchased through bidding. According to its openness, bidding can be divided into four types: competitive bidding (also known as open bidding), limited bidding, selective bidding and restricted bidding. The bidding method encouraged in government procurement actually refers to the competitive bidding method, that is, the open bidding method.
(1) competitive bidding procurement
Competitive bidding procurement, also known as open bidding procurement, refers to inviting all interested suppliers to participate in bidding through open procedures. The competitive bidding procurement law has the characteristics of inviting competition through advertisements, one-time bidding, awarding contracts to the best suppliers according to pre-specified selection criteria, and not negotiating with suppliers. It is generally believed that it can best reflect the spirit of modern democratic competition, effectively promote competition, save costs and achieve procurement goals most efficiently. Therefore, in the procurement legislation of various countries, there are provisions to apply competitive bidding to the government procurement system, and take it as the preferred procurement method. However, when the procurement environment is complex, the value of the procurement object is relatively small, and the procurement situation is urgent, the use of competitive bidding procurement will be restricted, and the best economic benefits and government procurement goals will not be achieved. In this case, it is necessary to choose procurement methods other than competitive bidding according to different procurement environments and the nature of purchased products and services. The adoption of these methods should follow the following principles: the adoption of each method must meet the requirements of its applicable procurement environment; The adoption of each method must be approved by the competent department; Purchasing agencies need to make a written report detailing the reasons for using a certain procurement method.
(2) Limited bidding procurement
Limited bidding procurement, also known as invited bidding procurement, means that the purchaser selects several suppliers, invites them to bid, and awards the contract to the supplier who meets the specifications and has the lowest price. Limited bidding procurement includes two forms: selective bidding procurement and restricted procurement.
1) Selective bidding procurement
Selective bidding refers to inviting suppliers to provide qualification documents through public procedures, and only suppliers who have passed the qualification examination can participate in the subsequent bidding; Or through an open procedure, the candidate suppliers of a specific procurement project can be determined within a certain period of time as invitees for subsequent procurement activities. When selecting qualified suppliers through selective bidding, all suppliers should be treated equally, and as many suppliers as possible should be invited to participate in the bidding. In the environment of selective bidding, we should first consider the objective limitation of the number of suppliers, that is, the number of suppliers should not be too many; Second, considering the economy and effectiveness of procurement, it is generally applicable to the procurement of goods, projects and services with complex or specialized technology, and the procurement value is low, and the time and expenses required to study and evaluate a large number of tenders are not commensurate with the value of the goods, projects and services to be purchased.
2) Restricted bidding procurement
Restricted bidding refers to directly inviting one or more suppliers to participate in bidding without pre-announcement procedures. To adopt the restricted bidding procurement method, the corresponding conditions must be met, including: after competitive bidding or selective bidding, no supplier participates in the bidding or fails to pass the bidding; There is only one supplier, and there is no substitute; There has been an unexpected emergency; Purchase replacement parts from the original supplier; Due to the expansion of the original procurement project, supporting requirements need to be considered; It belongs to experimental products and serves for research; Additional works must be handled by the original supplier, and the amount shall not exceed 50% of the original contract amount; Follow-up projects similar to the original project, and procurement specified in the first tender document, etc. (To be continued)
1. Non-bidding procurement
Non-bidding procurement refers to procurement methods other than bidding procurement. Generally, procurement projects with a certain amount or more need bidding, but in some cases, such as urgent procurement or single procurement source, bidding is not the most economical way, and procurement methods other than bidding are needed. In addition, a large number of procurement activities below the bidding limit also need to adopt non-bidding procurement methods. There are many methods of non-bidding procurement, which are usually used: domestic or foreign inquiry procurement, single-source procurement, competitive negotiation procurement, solicitation of suggestions procurement and so on.
(1) Single source procurement
Single source procurement, also known as direct procurement, is non-competitive procurement. It means that even if the procurement object meets the standard of competitive bidding, the source channel is single, or it is special circumstances such as patent, original system, contract addition and subsequent expansion of the original project. In this case, it can only be provided by one supplier. Judging from the competitive situation, the single-source procurement mode is at a disadvantage, so the "rules" of world organizations and even countries have stipulated strict applicable conditions for the use of this procurement mode. Generally speaking, it is mostly due to the timeliness of emergency procurement or the objectivity of obtaining goods, projects and services from only one supplier or contractor. In some rules, the procurement method of directly signing a contract is actually single-source procurement. The United Nations Model Procurement Law provides for single-source procurement; The procurement guidelines of the World Bank stipulate that contracts should be signed directly. The limited bidding stipulated in the Agreement on Government Procurement of the World Trade Organization is actually equivalent to single-source procurement; The non-competitive negotiation mode stipulated in the EU Government Procurement Directive is essentially single-source procurement.
(2) Competitive negotiation procurement
Competitive negotiation procurement refers to a procurement method in which the purchaser determines the winning supplier and awards the contract after negotiating with several suppliers respectively. This method is suitable for urgent procurement or procurement involving high-tech products and services. Perhaps as a procurement method, negotiation procurement method can compete with competitive bidding method. It has two characteristics: first, it is competitive to negotiate with "multiple" objects; Second, separate "negotiation" can determine the special needs of buyers. Negotiation procurement is the main procurement method in the private sector at first, and in the public sector, negotiation procurement is also the main procurement method in the procurement of national defense products and services. However, due to the defects of competition, transparency and subjectivity of evaluation procedure, negotiation often has high risk of bribery and inducement. Therefore, the government procurement rules strictly control its adoption. To sum up, it is most appropriate to conclude a contract by competitive negotiation procurement under the following circumstances: (1) It is not practical or feasible to adopt the bidding procedure because of the urgent need for a certain service, provided that this emergency is not caused by the buyer's delay; (2) Due to catastrophic events, some services are urgently needed, and it is not feasible to adopt other methods because it takes too long; (3) The nature of the services or risks involved does not allow overall pricing in advance; (4) Because of technical or artistic reasons, or because of exclusive rights, services can only be provided by specific providers; (5) The performance of the original contract is based on the need to provide some supplementary services (the value shall not exceed 50% of the main contract). This supplementary service cannot be separated from the main contract technically or economically, that is, it is absolutely necessary to complete the main contract, so the supplementary contract should still be handed over to the suppliers of products and services involved in the contract. The similarity of the above situations lies in the fact that it is objectively impossible to carry out bidding procurement, and competitive negotiation procurement must be adopted. Competitive negotiation is the preferred procurement method other than bidding.
(3) Inquiry purchase
Inquiry procurement, also known as shopping around, refers to a procurement method in which the purchasing unit sends an inquiry sheet to relevant suppliers at home and abroad (usually not less than three) for their quotations, and then compares the quotations to determine the winning supplier. The characteristics of inquiry procurement are as follows: firstly, the competitiveness of contract award is reflected by comparing the quotations of multiple suppliers; Second, the scope of application is single, which is only applicable to the procurement of goods. The items suitable for inquiry procurement are mainly the procurement of products and services with spot or standard specifications, or the procurement that the examination of bidding documents takes a long time to complete, the preparation of bidding documents by suppliers requires high expenses and the qualification examination conditions of suppliers are too complicated. Inquiry purchase can be divided into quotation purchase, order purchase and negotiation purchase.
(4) Ask for purchasing suggestions
Invited proposal procurement means that the procurement organ contacts a few suppliers by issuing a notice, solicits the interest of all parties in submitting proposals, and issues an invitation proposal to the suppliers who express interest. When the procurement object can only be obtained from a limited number of suppliers, or the time and cost required to review and evaluate the proposal is not commensurate with the value of the service, or in order to ensure confidentiality, or for the national interest, the purchaser can directly ask the supplier for advice. The invitation proposal shall generally specify the name of the purchaser, the nature, characteristics, time and price of the purchaser, the way, place and deadline for submitting the proposal, the selection criteria, evaluation criteria and procedures, etc. Procurement by soliciting suggestions is a relatively new procurement method, and it was not until 1980s that it established its position in the United States government procurement system. 1994, which is also listed as a procurement method in the same procurement environment in the United Nations Model Procurement Law, and is juxtaposed with two-stage bidding procurement and competitive negotiation procurement. There is no such provision in the government procurement rules of the other three international organizations. This method is suitable for service procurement, computer procurement and other situations where technical specifications cannot be determined in advance or how to meet procurement requirements cannot be known.