The basic contents of the Measures for the Administration of Non-tendering Procurement Mode of Government Procurement in Xuchang County Bidding and Trading Management Center include: (1) General Provisions (2) General Provisions (3) Competitive Negotiation (4) Single-source Procurement (5) Inquiry (6) Legal Liability (7) Supplementary Provisions.
Among them, the basic contents of the general provisions in the Measures for the Administration of Non-Bidding Procurement Methods of Government Procurement:
Chapter III Competitive Negotiation
Twenty-seventh procurement projects that meet one of the following circumstances may be purchased by competitive negotiation:
(a) after the tender, there is no supplier to bid or there is no qualified target, or the re-tender fails to be established;
(two) the technology is complex or special, and it is impossible to determine the detailed specifications or specific requirements;
(3) Due to unforeseeable reasons or delays of the purchaser, the time required for bidding cannot meet the urgent needs of users;
(4) As the time and quantity of art procurement, patents, know-how or services cannot be determined in advance, the total price cannot be calculated in advance.
In the process of public bidding for goods and services procurement projects, when there are only two suppliers who submit bidding documents or substantially respond to the requirements of the bidding documents, the purchaser and the procurement agency may, according to the provisions of Article 4 of these Measures, conduct competitive negotiation and procurement with the two suppliers after being approved by the financial department at the corresponding level. The purchaser and the procurement agency shall prepare the negotiation documents according to the procurement requirements in the tender documents, and set up a negotiation team to confirm the negotiation documents. According to the provisions of this paragraph, the minimum number of suppliers stipulated in Articles 33 and 35 of these Measures may be two.
Article 28 In case of applying for competitive negotiation procurement in accordance with items (1) and (2) of the first paragraph of Article 27 of these Measures, in addition to the materials specified in items (1) to (3) of Article 5 of these Measures, the following application materials shall be submitted:
(a) the certification materials for issuing the tender announcement in the media designated by the financial department at or above the provincial level;
(2) A statement issued by the purchaser and the procurement agency on whether there are supplier queries and the handling of queries in the bidding documents and the bidding process;
(three) the bid documents issued by the bid evaluation committee or three or more experts have no unreasonable terms.
Article 29 It shall not be less than 3 working days from the date when the negotiation document is issued to the deadline when the supplier submits the first response document.
Before the deadline for submitting the first response document, the purchaser, procurement agency or negotiation team may make necessary clarifications or modifications to the negotiation documents that have been issued, and the contents of clarification or modification shall be regarded as an integral part of the negotiation documents. If the clarification or modification may affect the preparation of response documents, the purchaser, procurement agency or negotiation team shall notify all suppliers who have received the negotiation documents in writing three working days before the deadline for submitting the first response document. If the time taken is less than three working days, the deadline for submitting the first response document shall be extended.
Article 30 The negotiating team shall review the response documents and negotiate with the suppliers who substantially respond to the requirements of the negotiation documents in accordance with the procedures and transaction review standards stipulated in the negotiation documents. The response documents that do not substantially respond to the negotiation documents shall be deemed as invalid, and the negotiation team shall notify the relevant suppliers.
Thirty-first all members of the negotiating team should concentrate on negotiating with a single supplier, and give all suppliers participating in the negotiation equal opportunities for negotiation.
Article 32 During the negotiation, the negotiating team may, according to the negotiation documents and the negotiation situation, substantially modify the procurement requirements and the technical and service requirements in the terms of the draft contract, but shall not modify other contents in the negotiation documents. The content of substantive changes shall be confirmed by the buyer's representative.
Substantive amendments to the negotiation documents are an effective part of the negotiation documents, and the negotiating team shall promptly notify all suppliers participating in the negotiations in writing.
The supplier shall resubmit the response documents according to the changes in the negotiation documents and the requirements of the negotiating team, and sign or affix the official seal by its legal representative or authorized representative. Signed by an authorized representative, the power of attorney of the legal representative shall be attached. If the supplier is a natural person, it shall be signed by himself and attached with identification certificate.
Article 33 If the negotiation documents can specify the technical and service requirements of the procurement target in detail, after the negotiation, the negotiating team shall require all suppliers who continue to participate in the negotiation to submit the final quotation within the specified time, and the number of suppliers who submit the final quotation shall not be less than three.
If the technical and service requirements of the procurement target cannot be specified in detail in the negotiation documents, the final design scheme or solution needs to be provided by the supplier through negotiation. After the negotiation, the negotiating team will vote to recommend the design schemes or solutions of more than three suppliers according to the principle that the minority is subordinate to the majority, and ask them to submit the final quotation within the specified time.
The final quotation is an effective part of the supplier's response document.
Article 34 The supplier who has submitted the response document may withdraw from the negotiation according to the negotiation situation before submitting the final quotation. The purchaser and the procurement agency shall refund the deposit of the supplier who withdraws from the negotiation.
Article 35 The negotiating team shall propose more than three trading candidates from suppliers whose quality and service can meet the substantive response requirements of procurement documents in the order of the final quotation from low to high, and prepare the bid evaluation report.
Article 36 A procurement agency shall send the review report to the purchaser for confirmation within 2 working days after the review.
The purchaser shall, within 5 working days after receiving the bid evaluation report, determine the supplier of this transaction from the candidates proposed in the bid evaluation report according to the principle that the quality and service can meet the substantive response requirements of the procurement documents and the final quotation is the lowest, or authorize the negotiating team to directly determine the supplier of this transaction in writing. If the purchaser fails to determine the transaction supplier within the time limit and does not raise any objection, it shall be deemed that the supplier with the lowest final quotation proposed in the bid evaluation report is the transaction supplier.
Article 37 Under any of the following circumstances, the purchaser or procurement agency shall terminate the competitive negotiation procurement activities, issue a project termination announcement and explain the reasons, and resume the procurement activities:
(a) due to changes in circumstances, it no longer meets the requirements for the application of competitive negotiation procurement methods;
(two) there are illegal acts that affect the procurement justice;
(3) There are less than three suppliers who meet the competition requirements in the procurement process or whose quotations do not exceed the procurement budget, except for the circumstances specified in the second paragraph of Article 27 of these Measures.
Website of Xuchang County Bidding and Trading Management Center:/
Address of Xuchang Bidding Network: Xingye Building, Xuchang County, Xuchang City, Henan Province
E-mail address of Xuchang Bidding Network: xcxztb2013 @163.com.
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