Chapter I General Provisions
Article 1 In order to standardize the non-tendering procurement methods of government procurement, improve the efficiency of government procurement, and give full play to the functions of government procurement policies, these Detailed Rules are formulated in accordance with the relevant provisions of the Measures for the Administration of Non-tendering Procurement Methods of Government Procurement (Order No.74 of the Ministry of Finance) and combined with the actual work.
Article 2 Where a purchaser or procurement agency purchases goods, projects and services by non-tendering, these Rules shall apply.
The term "non-tendering procurement" as mentioned in these Rules refers to competitive negotiation, single-source procurement and inquiry procurement.
Competitive negotiation refers to the negotiation between the negotiating team and qualified suppliers on the procurement of goods, projects and services. The supplier submits the response document and the final quotation according to the requirements of the negotiation document, and the purchaser determines the procurement method of the shortlisted supplier from the shortlisted candidates proposed by the negotiation team.
Single-source procurement refers to the procurement method in which the purchaser purchases goods, projects and services from a specific supplier.
Inquiry means that the inquiry team sends a purchase inquiry notice to qualified suppliers, asking them to quote an irrevocable price at one time, and the purchaser determines the procurement method of the finalized supplier from the finalized candidates put forward by the inquiry team.
Article 3 Government procurement activities that adopt non-tendering procurement methods should help to achieve the national economic and social development policy objectives, give priority to the procurement of domestic goods, projects and services, support energy conservation and environmental protection and two-oriented products, and promote the development of small and medium-sized enterprises.
Article 4 Where a purchaser or procurement agency purchases one of the following goods, projects and services, it may adopt competitive negotiation and single-source procurement. When buying goods, you can also make inquiries to buy:
(1) Goods and services that do not meet the standard of open tender amount in the legally formulated centralized procurement catalogue.
(2) Goods and services that are outside the legally formulated centralized procurement catalogue, above the procurement limit standard, and do not meet the open tender amount standard.
(3) Goods and services that meet the standards of public bidding and are approved to adopt non-public bidding.
(four) in accordance with the "Bidding Law" and its implementing regulations, government procurement projects other than engineering construction projects that must be tendered.
Article 5 Where the procurement of goods and services that meet the standards of public bidding intends to adopt the non-tendering procurement method, the purchaser shall, before the start of procurement activities, apply to the financial department of the people's government at or above the level of a city with districts and an autonomous prefecture, and report it to the competent budget unit for approval before implementation.
Article 6 Purchasers and procurement agencies shall carry out procurement activities in accordance with the government procurement plan, implement the government procurement budget and asset allocation standards, and shall not add or change procurement items without authorization.
Article 7 If the project listed in the centralized procurement catalogue adopts the non-tendering procurement method, the centralized procurement institution shall be entrusted to conduct the procurement. In cities and states that have not set up centralized procurement institutions, local financial departments should choose social intermediary institutions for procurement through public means. If the project above the quota standard outside the centralized procurement catalogue adopts the non-tendering procurement method, the purchaser may entrust a social intermediary agency to purchase or organize the procurement by himself.
If the purchaser organizes itself, it shall be implemented in accordance with the procedures stipulated in these rules. If the purchaser entrusts a procurement agency (including centralized procurement agencies and social intermediary agencies) to act as an agent, it shall sign an agency agreement (see Annex 14), and in the agency agreement, the project liaison person shall be designated to be specifically responsible for matters related to non-tendering procurement.
Article 8 Purchasers and procurement agencies shall organize non-tendering procurement activities in accordance with the People's Republic of China (PRC) Government Procurement Law (hereinafter referred to as the Government Procurement Law), the Measures for the Administration of Non-tendering Procurement Methods of Government Procurement and these Detailed Rules, and take necessary measures to ensure that bid evaluation is conducted in strict confidentiality.
No unit or individual may illegally interfere with or influence the bid evaluation process and results.
Chapter II Competitive Negotiation Procurement
The first section selection method
Article 9 In any of the following circumstances, procurement can be conducted by competitive negotiation:
(a) after the tender, there is no supplier to bid, or there is no qualified target, or the new tender cannot be established.
(two) the technology is complex or the nature is special, and it is impossible to determine the detailed specifications or specific requirements.
(3) Due to unforeseeable reasons of the purchaser or the delay 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, if only two suppliers submit the bidding documents or substantially respond to the requirements of the bidding documents, the purchaser and the procurement agency shall, in accordance with the provisions of Article 5 of these Rules, report to the competent department of budget for approval, and with the written consent of the financial department at the same level, they may conduct competitive negotiations with the two suppliers. 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 this paragraph, the minimum number of suppliers stipulated in Articles 39, 40, 45 and 46 of these Rules may be two.
Article 10 Where a purchaser applies to the financial department at the same level for approval of competitive negotiation procurement for a procurement project that meets the standard of open tender amount, he shall submit the following materials and be responsible for its authenticity:
(a) the name of the purchaser, the name of the procurement project, the general situation of the project and other basic information.
(two) the project budget, budget approval documents or proof of the source of funds.
(3) Reasons for applying for competitive negotiation procurement.
In accordance with the first and second cases of the first paragraph of Article 9 of these Rules, in addition to the above materials, 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.
Section II Establishment of Negotiating Group
Article 11 The competitive negotiating team consists of an odd number of three or more representatives of the purchaser and experts, of which the number of experts shall not be less than two thirds of the total number of members of the competitive negotiating team. When the purchaser appoints a representative to participate in the bid evaluation team, he shall issue a power of attorney. The purchaser's representative shall not participate in the evaluation of the procurement projects of the department or the unit as an evaluation expert. Personnel of a procurement agency shall not participate in the evaluation of procurement projects represented by this agency.
For goods or services procurement projects that meet the standards of public bidding, or government procurement projects that meet the standards of bidding scale, the competitive negotiation team shall be composed of more than 5 people in an odd number.
The bid evaluation experts shall be randomly selected from the list of experts in the relevant disciplines of the government procurement bid evaluation expert database. If it is difficult to determine the appropriate bid evaluation experts in the competitive negotiation procurement project with complex technology and strong professionalism by random method, the bid evaluation experts may be selected by themselves with the written consent of the competent budget unit. For competitive negotiation procurement projects with complex technology and strong professionalism, bid evaluation experts shall include 1 legal experts.
Twelfth in the process of competitive negotiation, the members of the negotiating team should be consistent in principle. If the situation is complicated, it can be supplemented. Unable to participate in the follow-up evaluation activities, can be replaced.