The following is the full text of the "Notice" issued by the Hainan Provincial Department of Finance on strengthening single-source procurement management. All provincial budget units, all city and co

The following is the full text of the "Notice" issued by the Hainan Provincial Department of Finance on strengthening single-source procurement management. All provincial budget units, all city and county finance bureaus, all centralized procurement agencies, and all social agencies: In order to further strengthen single-source procurement management, according to the "China The Government Procurement Law of the People's Republic of China and its implementation regulations and other laws and regulations are hereby notified of the relevant matters as follows: 1. Applicable situations of single-source procurement (1) Procurement can only be made from a single supplier. According to Article 27 of the "Regulations for the Implementation of the Government Procurement Law", due to the use of irreplaceable patents or proprietary technologies, or the special requirements of public service projects, procurement can only be made from a specific supplier. Can be purchased from a single source. 1. If the use of irreplaceable patents or proprietary technologies results in single-source procurement of projects that can only be purchased from a specific supplier, three conditions must be met at the same time: First, the objective positioning of the project function must be used Specified patents, proprietary technologies or services, rather than subjective requirements of the purchaser. Just because the project is technically complex or technically difficult cannot be used as a reason for single-source procurement. Second, the patents, proprietary technologies or services used in the project are irreplaceable. The functional positioning of the project must use specific patents, proprietary technologies or services, and there are no other alternative technical solutions that can meet the same requirements of the functional positioning of the project. If different patents, proprietary technologies or services can be substituted and can meet the technical requirements of the same or similar project function positioning without affecting the quality and efficiency of the project, the single-source procurement method cannot be used to determine the supplier. Third, because the patents, know-how or services of the product or production process are exclusive, they cannot be implemented or provided by other suppliers separately and can only be provided by a specific supplier. 2. If public service items have special requirements and are procured from a single source, the particularity of the public service items and the transformation of government functions shall be taken into consideration, and expert opinions shall be combined to make overall decisions on whether to purchase from a specific supplier. 3. The national administrative department has unified planning and implementation requirements for procurement projects, has unified government procurement and requires purchasers to purchase from specific suppliers. (2) Unforeseen emergencies occur and cannot be purchased from other suppliers. If the market supply capacity and supply time can meet emergency needs, the purchaser shall not exclude competition due to emergency procurement. If the project is urgent due to the purchaser's lack of reasonable planning, it is not unforeseeable and does not fall under the applicable circumstances of this clause. (3) It is necessary to ensure the consistency of the original procurement items or the requirements for supporting services, and it is necessary to continue to purchase additional items from the original supplier, and the total amount of additional purchase funds does not exceed 10% of the original contract purchase amount. The additional purchase items may be different from the original purchase items, but they must be consistent or compatible with the original purchase items. (4) Change to single-source procurement after public bidding fails. Public bidding and other methods fail and the bid (participating in the bid after the response deadline is over) (only one supplier responds, or only one supplier meets the qualifications after the qualification review, or only one supplier meets the conditions during the review period, needs to be changed to Single-source procurement method 2. Determination of single-source procurement method (1) Meeting the public bidding amount standards (before the start of procurement activities) 1. Complying with Category 1 and Category 2, Clause (3) of Article 1 of this Notice. ) and meet the public bidding amount standards, if the purchaser intends to purchase from a single source, before reporting to the financial department at the same level for approval, it should invite professionals to conduct procurement from a specific supplier. Each professional should issue a specific argumentation opinion, and the argumentation opinion should be complete and clear. The argumentation team composed of professionals should be composed of an odd number of three or more. The professionals can be randomly selected from the government procurement review expert database, or they can be randomly selected from the government procurement review expert database. The purchaser can make the selection on his own. If he chooses on his own, in principle, he should choose someone from outside the unit. Professionals who have an interest relationship with the single-source supplier as specified in Article 9 of the "Government Procurement Law Implementation Regulations" should avoid it. After professional argumentation, the purchaser needs to make a public announcement on the Hainan Provincial Government Procurement Online. The publicity period shall be no less than 5 working days. The publicity content shall include: (1) The purchaser, the name and content of the procurement project; (2) The goods to be purchased or Description of the service; (3) Reasons and related explanations for adopting the single-source procurement method; (4) Name and address of the proposed unique supplier; (5) Professionals’ uniqueness of relevant suppliers due to patents, proprietary technologies, etc. The specific argumentation opinions, as well as the names, work units and professional titles of the professionals; (6) The period of public announcement; (7) The contact address, contact person and contact number of the purchaser, purchasing agency and financial department. If any supplier, unit or individual has objections to the public announcement of the single-source procurement method, he or she may provide written feedback to the purchaser or procurement agency within the public announcement period, and send a copy to the financial department at the same level. After the purchaser or procurement agency receives an objection to the public announcement of the single-source procurement method, it shall organize a supplementary argumentation reference template within 5 working days after the expiration of the publicity period (see attachment 1)) for details. If the objection is deemed to be established after the argument, Other procurement methods should be adopted in accordance with the law; if the objection is deemed untenable after argumentation, the objection, argumentation opinions and publicity situation should be reported to the financial department at the same level. The purchaser and procurement agency shall inform the supplier, unit or individual who raises the objection of the conclusion of the supplementary argumentation. 2. For government procurement projects that comply with the applicable circumstances of Category 3 and Item (2) of Article 1 (1) of this Notice and meet the public bidding amount standards, if the purchaser intends to purchase from a single source, there is no need to invite professionals to issue The demonstration opinions do not need to be published on the Hainan Provincial Government Procurement Online Website, but should be announced after the procurement activities are completed. (2) Failure to meet the public bidding amount standards (before the start of procurement activities) 1. Governments that meet the applicable circumstances of Category 1 and Category 2, Article 1, Paragraph 1, and Item (3) of this Notice and do not meet the public bidding amount standards For procurement projects, if the purchaser intends to purchase from a single source, it should invite professionals to provide specific opinions on the situation where it can only be purchased from a specific supplier. There is no need to publish it on the Hainan Provincial Government Procurement Online, and there is no need to obtain approval from the financial department. 2. For government procurement projects that comply with the applicable circumstances of Category 3 and Item (2) of Article 1 (1) of this Notice and do not meet the public bidding amount standards, if the purchaser intends to purchase from a single source, there is no need to invite professionals. There is no need to publish demonstration opinions on Hainan Provincial Government Procurement Online and obtain approval from the financial department. (3) For government procurement projects that are changed to a single-source method after failure of public bidding, etc., and comply with the applicable circumstances of Article 1 (4) of this notice and meet the public bidding amount standard, if the purchaser intends to use a single-source method for procurement, the purchaser shall Before approval by the financial department, review experts should be organized to issue specific opinions on whether the procurement document does not have unreasonable terms or whether the procurement process is legal and compliant, provide an explanation of the supplier's doubts, and provide the reasons for the proposed single source and the name of the supplier to the Hainan Provincial Government. It will take no less than 5 working days for the procurement to be announced online. After single source approval, the purchaser shall not make substantial modifications to the procurement subject matter and related requirements. 3. For government procurement projects where the application materials and procedures for single-source procurement meet the public bidding amount standard, if the purchaser intends to purchase through single-source method, the purchaser shall apply to the financial department at the same level after obtaining the seal and approval of the competent budget unit. Approval and submit the following materials: 1. Approval form for change of government procurement method (Attachment 2). The approval form should specify the following contents: the name of the budget unit, the name of the procurement project, the project overview and other basic information of the project; the reasons and explanations for applying for single-source procurement, the proposed name of the only supplier, etc.; the consent of the budget unit in charge and the cover letter. chapter. 2. Project budget amount, budget approval document or fund source certificate. 3. Demonstration materials. More than three professionals have unique and specific opinions on the relevant suppliers due to patents, proprietary technologies, etc., as well as the names, work units and professional titles of the professionals. Professionals' opinions on the argument that procurement can only be made from the only supplier should be complete, clear, and unambiguous, with sufficient and reasonable basis. If the opinion is unclear or ambiguous, or the basis is insufficient, it is invalid and has no argumentative effect. 4. Publicity materials. Publicity certification materials for the proposed single-source procurement published on the Hainan Provincial Government Procurement Network and relevant materials indicating that there are no objections or objections are not established during the publicity period. 5. Other materials deemed necessary by the financial department. If it falls under the applicable circumstances of Category 1, Category 2, and Item (3) of Article 1 of this Notice, all the above information must be provided; if it falls under the applicable circumstances of Category 3 of Article 1 of Item (1) of this Notice, In addition to providing information in items 1, 2, and 5, a written document requiring the purchaser to purchase from a specific supplier must also be provided by the national administrative department; in the applicable circumstances of item (2) of Article 1 of this notice, in addition to providing information in items 1, 2, In addition to the 5 items of information, it is also necessary to provide written confirmation materials from the superior authority or the government at the same level on the time of task assignment and completion time; if it falls under the applicable situation of item (4) of Article 1 of this notice, in addition to providing 1, 2, 4, In addition to the 5 items of information, it is also necessary to provide a statement issued by the purchaser and purchasing agency on whether there are any supplier questions and the handling of the questions in the procurement documents and procurement process, and whether the procurement documents issued by the review experts have no unreasonable terms or the procurement process is legal and legal. 4. Implementation of single-source procurement (1) Organization of consultations The purchaser and procurement agency should organize professionals with relevant experience to establish a procurement team to negotiate a reasonable transaction price with the supplier and ensure the quality of the procurement project. The procurement team shall prepare a record of the negotiation status (see Annex 3 for reference template), and the main contents of the negotiation status record include: 1. In accordance with the "Government Procurement Non-Tendering Procurement Method Management Measures" (Decree of the Ministry of Finance). No. 74) Article 38: An explanation of the publicity situation. 2. Date and location of the negotiation, list of procurement personnel. 3. Cost of the procurement target provided by the supplier, contract price of similar projects, and relevant patents, proprietary technology, etc. Description of the situation. 4. The main terms of the contract and the price agreement. (2) Confirmation of the transaction. The purchaser shall determine the transaction supply based on the negotiation results within 5 working days after completing the single-source negotiation on its own or receiving the negotiation status record submitted by the procurement agency. (3) Announcement. The purchaser or procurement agency shall announce the transaction results on the Hainan Provincial Government Procurement Network within 2 working days from the date of confirmation of the transaction. (4) Sign the contract. The purchaser and the supplier shall sign the government procurement contract within 30 days from the date of issuance of the transaction notice. (5) The purchaser shall make the contract announcement within 2 working days from the date of signing the contract. , announce the contract on the Hainan Provincial Government Procurement Website, except for content involving state secrets and commercial secrets. (6) Contract performance acceptance. The purchaser and procurement agency shall organize the contract performance acceptance and make timely payments in accordance with the provisions of the government procurement contract. Others (1) In principle, the single-source performance period shall not exceed one year, unless there are special provisions in laws, regulations, or provincial and ministerial documents. (2) Government procurement projects that adopt the single-source procurement method after approval shall also be integrated into budget management. (3) If the country or our province sets forth higher time limits for the time limits for confirmation of procurement results, contract signing and information disclosure involved in this notice, the higher time limits shall prevail. (4) If there are other regulations on the single-source management of confidential government procurement and the procurement of scientific research instruments and equipment by university research institutes, those regulations shall prevail. (5) This notice will come into effect on April 1, 2022, and will be valid for 5 years. The "Interim Measures for the Management of Provincial Single-Source Procurement Methods in Hainan Province" (Qiong Caicai [2018] No. 91) will be abolished at the same time. Attachments: 1. Single-source procurement public announcement objection argument form (reference template) 2. Government procurement method change approval form 3. Single-source procurement negotiation record (reference template) Hainan Provincial Department of Finance February 10, 2022