1. Can the service items be purchased by inquiry?
A: No, Article 32 of the Government Procurement Law stipulates that government procurement projects with uniform goods specifications and standards, sufficient spot supply and small price changes can be purchased by inquiry in accordance with this Law. This article clarifies that the scope of application of inquiry procurement can only be goods.
It is worth noting that in July 2022, Article 62 of the Government Procurement Law (Revised Draft for Comment) promulgated by the Ministry of Finance expanded the scope of application of inquiry to "services and projects with unified technology and service standards and a fixed market", which may be the direction of future revision of the government procurement law.
2. Is the inquiry notice formulated by the purchaser or the inquiry team?
A: According to the Administrative Measures for Non-tendering Procurement Methods of Government Procurement, the inquiry notice shall be confirmed or formulated by the inquiry team and approved by the purchaser in writing.
legal ground
Article 8 The competitive negotiation team or inquiry team shall perform the following duties in the process of procurement activities: (1) Confirm or draft negotiation documents and inquiry notices; ……
3. Can substantive parameters be set for the technical parameters of inquiry purchase and inquiry notice?
A certain kind of goods procurement project adopts inquiry method. Can I set substantive parameters for the technical parameters in the inquiry notice? Or if no substantive parameters are set, the responding products should fully respond to the technical parameters of the purchased products, and negative deviation is not allowed?
A: The rule of inquiry procurement is to determine suppliers according to the principle that quality and service can meet the substantive response requirements of procurement documents and the lowest quotation. Therefore, the inquiry notice shall specify the substantive requirements, and the response document shall be invalid if it does not meet the substantive requirements specified in the inquiry notice.
legal ground
Measures for the Administration of Non-Tendering Procurement Methods of Government Procurement (Order No.74 of the Ministry of Finance) Article 48 The inquiry team shall propose three or more trading candidates from suppliers whose quality and service can meet the substantive response requirements of procurement documents, and prepare a bid evaluation report.
4. Can the query method be changed to single source after failure?
A: You can't use single-source procurement just because inquiry procurement fails. Single-source procurement must meet the statutory conditions of Article 31 of the Government Procurement Law.
legal ground
Article 31 of the Government Procurement Law Goods or services that meet any of the following circumstances may be purchased from a single source in accordance with this Law: (1) Only from a single supplier; (2) Unable to purchase from other suppliers due to unforeseen emergencies; (3) It is necessary to ensure the consistency of the original procurement items or supporting services, and it is necessary to continue to purchase from the original suppliers, and the total amount of additional funds shall not exceed 10% of the original contract purchase amount.
5. In government procurement activities, can we limit the size of goods purchased by inquiry?
A: Yes. The use conditions of inquiry procurement are government procurement projects with uniform specifications and standards, sufficient spot supply and small price changes.
legal ground
Article 32 of the Government Procurement Law, government procurement projects with uniform goods specifications and standards, sufficient spot supply and small price changes may be purchased by inquiry in accordance with this Law.
6. Is there a second quotation for the inquiry of government procurement projects?
A: No second quotation is allowed.
legal ground
Measures for the Administration of Non-Tendering Procurement Methods of Government Procurement (Order No.74 of the Ministry of Finance) Article 47 Suppliers participating in inquiry procurement activities shall quote a price that cannot be changed at one time in accordance with the provisions of the inquiry notice.
7. On the premise of meeting the procurement documents, must the inquiry be the lowest price?
Answer: The lowest transaction evaluation method is adopted in competitive negotiation and inquiry procurement, and the comprehensive scoring method is not allowed.
legal ground
Measures for the Administration of Non-Tendering Procurement Methods of Government Procurement (Order No.74 of the Ministry of Finance) Article 35 The negotiating team shall propose three or more trading candidates from suppliers whose quality and service can meet the substantive response requirements of procurement documents in the order of the final offer, and prepare the bid evaluation report. Article 48 The inquiry team shall, in the order of lowest quotation, propose more than three trading candidates from suppliers whose quality and service can meet the substantive response requirements of procurement documents, and prepare evaluation reports.
8. In the inquiry notice, can you specify which brands to inquire about?
A: No, no matter what kind of procurement method is adopted, the purchaser or procurement agency restricts or designates a specific brand, which is a differential treatment or discriminatory treatment for suppliers under unreasonable conditions.
legal ground
Article 20 of the Regulations for the Implementation of the Government Procurement Law shall be deemed to have treated suppliers differently or discriminatively under unreasonable conditions if a purchaser or procurement agency has one of the following circumstances: (6) Restricting or designating a specific patent, trademark, brand or supplier.
9. Is there a similar bid opening and sealing procedure at the inquiry site?
In the inquiry document, it is indicated that the response document must contain a certain period of unopened time, but it does not say that "if not, the purchase will be terminated", but that "it must be submitted in strict accordance with the requirements. If it does not meet the requirements, the agent has the right to refuse and return it, and then resubmit it after re-filling". However, some suppliers at the inquiry site did not do so, and the procurement agency did not ask the suppliers to check, but only asked for supervision, inspection and sealing, and then the inquiry was over. Can this be questioned or questioned on the spot?
Answer: There is no procedure similar to bidding for bid opening and seal inspection. Questioning should not be considered valid.
10. Inquiry procurement method, two companies provide the same brand, how to define it?
A: When purchasing by inquiry, the rules for suppliers to provide products of the same brand are stipulated in the inquiry notice. You can refer to the relevant provisions of the Measures for the Administration of Bidding for Government Procurement of Goods and Services (Order No.87 of the Ministry of Finance).
legal ground
Measures for the Administration of Bidding for Government Procurement of Goods and Services (Order No.87 of the Ministry of Finance) Article 31 If different bidders offering the same brand products participate in the bidding of procurement projects under the same contract with the lowest bid evaluation method, the bidder who passed the qualification examination and compliance examination and offered the lowest bid will participate in the bid evaluation; If the quotations are the same, the purchaser or the purchaser entrusts the bid evaluation committee to determine a bidder to participate in the bid evaluation in the way specified in the tender documents, and other bids not specified in the tender documents are invalid by random selection.
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