Autonomous region level budget unit, municipal finance bureau, Manzhouli, Erenhot City Finance Bureau:
In order to further strengthen the supervision and management of government procurement activities, enhance the transparency of government procurement, and continuously optimize the business environment of government procurement, according to the People's Republic of China (PRC) Government Procurement Law (hereinafter referred to as the Government Procurement Law), the People's Republic of China (PRC) Government Procurement Law Implementation Regulations (hereinafter referred to as the Implementation Regulations of the Government Procurement Law), and the Measures for the Administration of Non-Bidding Procurement Methods of Government Procurement (Order No.74 of the Ministry of Finance) and other relevant laws and regulations.
I. Application of single-source procurement
For procurement projects within the centralized procurement catalogue or above the decentralized procurement quota standard, the purchaser shall apply for single-source procurement according to the specific conditions of the project, which shall meet one of the three situations stipulated in Article 31 of the Government Procurement Law.
(a) can only be purchased from a single supplier, mainly refers to the use of irreplaceable patents and proprietary technology for goods or services, or public services have special requirements, resulting in the purchase from a specific supplier. Where a project with patent or proprietary technology is purchased from a single source, the following three conditions must be met simultaneously:
The function of the 1. project determines that specific patents, know-how or services must be used, rather than the subjective requirements of the purchaser. Just because the project technology is complex or difficult cannot be used as a reason for single-source procurement.
2. Patents, know-how or services used in the project are irreplaceable. If different patents, proprietary technologies or services are used instead, which can meet the same or similar project functions without affecting the project quality and use effect, single-source procurement cannot be adopted.
3. Because the patents, know-how or services of products or production processes are exclusive, they can only be provided or implemented by specific suppliers, and other suppliers cannot provide or implement them.
(2) In case of unforeseen emergency, it is impossible to purchase from other suppliers. The project is predictable. If the project is urgent due to the buyer's lack of reasonable planning, this clause is not applicable.
(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.
Second, strictly regulate single-source procurement.
If the purchaser intends to purchase goods and services that meet the standards of open bidding by means of single source, it shall conduct strict argumentation.
(1) For goods and services procurement projects that fall under the circumstances specified in Item 1 of Article 31 of the Government Procurement Law and meet the standards of public bidding, the purchaser shall report to the competent budget unit for approval before the procurement activities begin, and publicize the procurement projects, the name of the sole supplier and other information on the government procurement website of Inner Mongolia Autonomous Region. The publicity period shall not be less than 5 working days.
(two) government procurement projects that fail to meet the standard of open tender amount and conform to the provisions of the first paragraph of Article 31 of the Government Procurement Law and can only be purchased from a single supplier may adopt the single-source procurement method according to law. This kind of project does not need to be reported to the financial department for approval before the start of procurement activities, nor does it need to be publicized on the government procurement website of Inner Mongolia Autonomous Region.
For such procurement projects, purchasers and procurement agencies should organize professionals with relevant experience to negotiate reasonable transaction prices with suppliers in strict accordance with the relevant provisions of the Government Procurement Law, the Regulations for the Implementation of the Government Procurement Law and the Measures for the Administration of Non-Bidding Procurement Methods of Government Procurement (Order No.74 of the Ministry of Finance) to ensure the quality of procurement projects.
(III) If a supplier, unit or individual has any objection to the single-source procurement, it may give written comments back to the purchaser and procurement agency within the publicity period, and send a copy to the financial department. After receiving the objection, the purchaser and the procurement agency shall organize supplementary argumentation within 5 working days after the expiration of the publicity period. If the objection is established through argumentation, other procurement methods shall be adopted according to law; If the argument objection is not established, it shall inform the supplier, unit or individual who raised the objection to supplement the conclusion of the argument, and submit the objection, argument opinion and publicity to the financial department.
(four) if the purchaser adopts a single source procurement project, the purchaser shall conduct procurement demand management and demand investigation in the government procurement cloud platform of Inner Mongolia Autonomous Region. Conduct an in-depth investigation on market competition, supply and demand environment and service level. The procurement target, and form a unique market research conclusion. The purchaser may invite professionals with relevant experience to demonstrate the procurement demand, and the demonstration opinions shall be objective, complete, clear and definite, detailing the labor and material expenditures required by the project, and calculating the price by combining the historical transaction information of similar procurement projects, so as to ensure the reasonable transaction price and ensure the quality of the procurement projects.
(5) The purchaser shall organize a demonstration team composed of more than three (odd) professionals to demonstrate the adoption of single-source procurement. Professionals can't have a direct interest in demonstration projects, and they can't be the staff of their own units or potential suppliers and their subordinate units. The purchaser can select experts in the corresponding professional fields according to the characteristics of the procurement project.
Three. Approval of single-source procurement method
(a) goods and services that meet the standard of open tender amount are to be purchased through a single source. After the expiration of the publicity period, if there is no objection, it will be reported to the financial department of the autonomous region or the Union City for approval according to the budget level. Banner-level budget units shall be reported to the financial department of Union City for approval. The following materials shall be submitted for examination and approval:
1. Letter from the competent budget unit agreeing that the purchaser adopts the single-source procurement method.
2. The purchaser's single-source purchase application. Specifically, it includes the following contents: the name, contact person and telephone number of the purchaser; Description of basic information such as the name and general situation of the procurement project; Project budget amount; Reasons for applying for single-source procurement; The name and address of the proposed sole supplier; The time of publicity of single-source procurement and the explanation of whether there is any objection to publicity. If there is any objection, it is necessary to provide an objection book, an explanation of organizing supplementary arguments and objection arguments.
3. The specific argumentation opinions of professionals that are unique to relevant suppliers due to patents, proprietary technologies and other reasons need to be discussed and signed by professionals alone.
4. Basic information of professionals. Including professional name, work unit, professional title, etc.
5. Market research and price calculation.
6. Disclosure of purchase intention (system printout).
7. Publicity of single-source procurement method (system printout).
(two) in the case of the third paragraph of Article 31 of the Government Procurement Law, and the amount of public bidding has reached the target, the application documents of the competent budget unit and a copy of the original procurement project contract shall also be submitted to the financial department.
Fourth, implement single-source procurement.
Single-source procurement should strictly abide by the principles of contract formation of invitation, offer and acceptance in People's Republic of China (PRC) Civil Code, standardize procurement execution procedures, put an end to direct contract procurement and strictly check and accept.
(a) the purchaser and the procurement agency shall, according to the government procurement policy, procurement budget and procurement requirements, prepare single-source procurement documents and specify the specific procurement requirements.
(two) the purchaser and the procurement agency shall organize professionals with relevant experience to negotiate reasonable transaction prices with suppliers to ensure the quality of the procurement projects. If the quotation exceeds the purchase budget, the bid will be rejected.
(three) after the negotiation, the single source procurement personnel shall make a negotiation record, which shall be signed by all the participants in the negotiation. If the negotiators have any objection to the negotiation results, they shall sign different opinions on the negotiation records and explain the reasons, otherwise it shall be deemed as approval of the negotiation results.
(four) the purchaser shall determine the supplier according to the negotiation results within 5 working days after completing the single-source negotiation or receiving the negotiation report submitted by the procurement agency.
(five) the purchaser and the procurement agency shall, within 2 working days from the date of determining the supplier of the transaction, publish the announcement of the transaction results on the government procurement website of Inner Mongolia Autonomous Region, and at the same time issue a transaction notice to the supplier.
(six) the purchaser and the supplier shall, within 30 days from the date of issuance of the transaction notice, sign the government procurement contract according to the matters determined in the procurement documents.
(seven) the purchaser shall publish the procurement contract on the government procurement website of Inner Mongolia Autonomous Region within 2 working days from the date of signing the contract, except for the contents involving state secrets and commercial secrets; Within 7 working days from the date of signing the purchase contract, submit a copy of the purchase contract to the finance department at the same level for the record.
(eight) the purchaser or its entrusted procurement agency shall organize the performance acceptance in accordance with the provisions of the procurement contract, and issue a letter of acceptance.
Five, strengthen the supervision of single source procurement
After receiving the application for single-source procurement, the financial department shall timely review the application materials. The reasons for application and the application materials conform to the provisions of the Government Procurement Law, the Administrative Measures for Non-Bidding Procurement of Government Procurement (Order No.74 of the Ministry of Finance) and this circular, and shall be approved according to law; If the application materials are not in conformity with the Government Procurement Law, the Measures for the Administration of Non-Bidding Procurement of Government Procurement (Order No.74 of the Ministry of Finance) and the provisions of this notice, the financial department shall promptly notify the purchaser to make amendments and supplements; If the reasons for the application do not conform to the provisions of the Government Procurement Law, the Measures for the Administration of Non-Bidding Procurement of Government Procurement (Order No.74 of the Ministry of Finance) and this circular, the financial department shall give a timely reply and inform the purchaser of the reasons for not giving a reply.
Financial departments at all levels should make full use of the "Inner Mongolia Autonomous Region government procurement cloud platform" big data analysis information to carry out big data supervision and supervision and early warning. Strengthen the supervision of single-source procurement projects above the open tender amount standard, and randomly select single-source procurement projects below the open tender amount standard for daily supervision. Single-source procurement behaviors that violate laws and regulations, such as expanding the scope of application of laws and regulations, imperfect internal control system, irregular implementation of procurement procedures, insufficient argumentation evidence, and unclear review opinions, are severely dealt with according to laws and regulations.
All competent budget units shall establish and improve the internal control system of government procurement and strengthen the management and guidance of their subordinate units. In accordance with the principle of "who purchases, who is responsible", be responsible for the procurement demand and procurement results. Determine the single-source procurement method through the collective research resolution of the unit, and form the opinions of fair competition review and legality review. The purchaser shall strictly implement the relevant provisions of the Measures for the Administration of Non-Tendering Procurement Methods of Government Procurement, do a good job in the demonstration, publicity, objection handling, negotiation records, results publicity, contract signing, performance acceptance, and procurement file keeping of single-source procurement as required, and be responsible for its authenticity, compliance and legality.
The purchaser shall select professionals who are familiar with the relevant industries of the procurement project to conduct single-source procurement demonstration. Professionals must independently express their argumentation opinions, and if necessary, the argumentation personnel shall conduct investigation and study. Professional argumentation opinions shall not be based on the continuity of the project, familiarity with suppliers or leading position in the industry. If the argumentation opinions are plagiarized from each other and inconsistent with the actual situation, the main responsibility of the purchaser shall be investigated according to "who purchases and who is responsible".
Inner Mongolia Autonomous Region Finance Department
June 5(th), 2022
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