1. In the case of purchasing from a single supplier, Article 27 of the Regulations for the Implementation of the Government Procurement Law stipulates that goods or services can only be purchased from a specific supplier because of the use of irreplaceable patents, proprietary technology or special requirements of public services. Specifically, the single-source procurement of projects using patents or proprietary technologies must meet three conditions at the same time: First, the objective positioning of project functions determines that the designated patents, proprietary technologies or services must be used, rather than the subjective requirements of the purchaser. Second, the patents, know-how or services used in the project are irreplaceable. Third, because the patents, know-how or services of products or production processes are exclusive, they can only be provided by specific suppliers.
Second, it is relatively easy to understand that it is impossible to purchase from other suppliers in an unforeseen emergency, which means that it is difficult to meet the requirements in terms of time due to unforeseen events or reasons (such as earthquake and tsunami), but it is objectively only possible to purchase from a certain supplier.
3. It is necessary to ensure the consistency of the original procurement projects or the requirements of supporting services, and it is necessary to continue to purchase from the original suppliers, and the total amount of additional funds does not exceed 10% of the original contract purchase amount, which needs to be understood from two aspects.
1, the first aspect is the requirements of the first half sentence, which means that the purchaser can only continue to purchase from the original supplier in order to maintain the effective function docking with the original project or upgrade the original project, subject to the technical requirements or specifications of the original supplier's products.
2. The second aspect is the requirement of the second half sentence, which must meet six conditions at the same time: the original project must be purchased by the government; Before signing a supplementary contract, it shall be reported to the financial department for approval to use the surplus funds of the project; The supplementary period shall be within the performance period of the original contract; Supplementary products must meet the needs of the original project itself; The items and unit prices of supplementary products shall be consistent with the original contract; The additional amount shall not exceed 10% of the original contract, and the total purchase amount of additional projects shall not exceed the original project budget.
Legal basis: People's Republic of China (PRC) Government Procurement Law.
Article 2 This Law is applicable to government procurement in People's Republic of China (PRC).
The term "government procurement" as mentioned in this Law refers to the use of financial funds by state organs, institutions and organizations at all levels to purchase goods, projects and services within the centralized procurement catalogue formulated according to law or above the procurement quota standard.
The catalogue of centralized government procurement and the standard of procurement quota shall be formulated in accordance with the authority prescribed in this Law.
The term "procurement" as mentioned in this Law refers to the behavior of obtaining goods, projects and services for compensation through contracts, including purchase, lease, entrustment and employment.
"Goods" as mentioned in this Law refers to articles in various forms and types, including raw materials, fuels, equipment and products.
The term "project" as mentioned in this Law refers to construction projects, including new construction, reconstruction, expansion, decoration, demolition and repair of buildings and structures.
The term "services" as mentioned in this Law refers to other government procurement objects except goods and projects.
Article 31 Goods or services that meet any of the following circumstances may be purchased from a single source in accordance with this Law:
(a) Can only be purchased from a single supplier;
(2) Unable to purchase from other suppliers due to unforeseen emergencies;
(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.