The procurement subjects in government procurement activities include state organs, institutions and organizations at all levels. State organs refer to organs at all levels that enjoy the administrative power entrusted by the state according to law, have independent legal personality and use the state budget as funds for independent activities.
Institutions refer to social service organizations organized by state organs or other organizations with the purpose of social welfare and engaged in education, science and technology, culture, health and other activities; Group organization refers to a non-profit social organization formed voluntarily by China citizens in order to achieve the consent of their members and to carry out activities in accordance with their articles of association.
Step 2 buy funds
If the purchaser uses all or part of the financial funds for procurement, it belongs to the scope of government procurement management. Financial funds include budgetary funds, extra-budgetary funds and government funds. Loans repaid with fiscal funds shall be regarded as fiscal funds.
3, the purchase content and limit
The content of government procurement should be the goods, projects and services in the centralized procurement catalogue formulated according to law, or the goods, projects and services whose purchase amount exceeds the prescribed limit standard although they are not included in the centralized procurement catalogue.
4. Geographical scope
The geographical scope under the jurisdiction of China's government procurement law refers to the government procurement activities in People's Republic of China (PRC).
What are the procurement methods?
1, open tender
Public bidding is the main procurement method of government procurement, which is not parallel with other procurement methods. The specific amount standard of public bidding belongs to the government procurement project of the central budget, which is stipulated by the State Council; Government procurement projects belonging to local budgets shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government;
The purchaser shall not split the goods or services that should be purchased by public bidding or evade public bidding in any other way.
2. Invitation to bid
Invited bidding is also called selective bidding. According to the reputation and performance of suppliers or contractors, the purchaser selects a certain number of legal persons or other organizations (not less than three), sends them an invitation to bid, invites them to participate in the bidding competition, and selects the successful supplier. Conditions:
(1) is special and can only be purchased from a limited range of suppliers;
(2) The cost of public bidding accounts for a large proportion of the total value of government procurement projects.
(3) Competition negotiation
Competitive negotiation means that the purchaser or agency negotiates with a number of suppliers (not less than three) and finally determines the winning supplier. Conditions:
(1) After bidding, there is no supplier to bid, or there is no qualified target, or the new bid cannot be established;
(two) the technology is complex or special, and it is impossible to determine the detailed specifications or specific requirements;
(3) The time required for bidding cannot meet the urgent needs of users;
(4) The total price cannot be calculated in advance.
4. Single source
Single-source procurement, also known as direct procurement, refers to the situation that the purchased goods have reached the quota standard and the open tender amount standard, but the source channel is single, or the original procurement project is expanded after obtaining the patent, manufacturing first and joining the contract, and it is impossible to purchase from other suppliers in an unforeseen emergency. The main feature of this procurement method is that it is not competitive. Conditions:
(1) can only be purchased from a single supplier;
(2) In case of unforeseen emergency, it is impossible to purchase from other suppliers;
(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.
Step 5 investigate
Inquiry refers to a purchasing method in which the purchaser sends an inquiry sheet to relevant suppliers for quotation, and compares and determines the best supplier on the basis of quotation. Conditions: When the specifications and standards of the purchased goods are unified, the spot supply is sufficient and the price changes little, you can make an inquiry to purchase government procurement projects.
Legal basis: Article 2 of the Regulations for the Implementation of the Government Procurement Law of People's Republic of China (PRC) The fiscal funds mentioned in Article 2 of the Government Procurement Law refer to the funds included in the budget management. Borrowing funds with financial funds as repayment sources are regarded as financial funds. If the procurement projects of state organs, institutions and organizations use both financial funds and non-financial funds, the government procurement law and these regulations shall apply to the part that uses financial funds for procurement; Where financial funds and non-financial funds cannot be purchased separately, the Government Procurement Law and these Regulations shall be uniformly applied. The services mentioned in Article 2 of the Government Procurement Law include the services needed by the government itself and the public services provided by the government to the public.