Competitive negotiation refers to a method in which a buyer or procurement agency directly invites three or more suppliers to negotiate on procurement matters. Due to its particularity and flexibility, competitive negotiation is often used in the daily work of centralized procurement organizations. Article 38 of the "Government Procurement Law" stipulates the operating procedures for competitive negotiations, but it is relatively general and does not specify how to operate in some details. Therefore, there are large differences in the specific implementation processes of various centralized procurement agencies.
1. Application of competitive negotiation: The "Government Procurement Law" stipulates that goods or services that meet one of the following circumstances can be purchased through competitive negotiation:
1. After the tender, no supplier bids or there is no qualified bid or the re-tender fails to be established;
2. The technology is complex or of a special nature and detailed specifications or specific requirements cannot be determined;
3 .The time required for bidding cannot meet the urgent needs of users;
4. The total price cannot be calculated in advance.
In addition, the "Regulations for the Implementation of the Government Procurement Law" (hereinafter referred to as the "Regulations") stipulates that "the time required for bidding cannot meet the urgent needs of users" is interpreted as unforeseen by the purchaser or not due to the purchaser's A situation caused by procrastination. "The total price cannot be calculated in advance" refers to the fact that the total price cannot be calculated in advance due to the purchase of art, patents, proprietary technologies, or the inability to determine the time and quantity of services in advance. It should also be noted that Article 25 of the "Regulations" clearly states that if government procurement projects do not require bidding according to law, they shall be procured in accordance with the competitive negotiation or single-source procurement methods stipulated in the "Government Procurement Law" and these regulations.
2. Government Procurement and Competitive Negotiation
1. Competitive negotiation in government procurement means that the purchaser or agency negotiates with multiple suppliers (no less than three ) to conduct negotiations and finally determine the supplier for the transaction. The core is that there must be competition (no less than three suppliers participating in the negotiation), and the second is negotiation (that is, the final result must be determined on the basis of negotiation). Without these two articles, all behaviors and results are unreasonable, irregular and even illegal, and should be stopped.
2. Competitive negotiation is one of the government procurement methods stipulated in the "Government Procurement Law". Under special circumstances, this procurement method has the advantages of short procurement cycle, low procurement cost, etc., and is convenient and flexible. However, experts remind that the specific implementation process must be carefully grasped and operated accurately. When the purchaser and review experts emphasize "negotiation" and neglect "negotiation" or only "negotiate" but not "negotiate", the government procurement agency must It must be stopped in time to ensure the seriousness of government procurement work, otherwise it will easily lead to doubts and complaints.
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