In order to further strengthen the supervision and management of government procurement activities, create a fair and transparent competitive atmosphere, build a "pro-Qing" relationship between government and business in the field of government procurement, and optimize the business environment, according to the People's Republic of China (PRC) Government Procurement Law, the Regulations for the Implementation of the People's Republic of China (PRC) Government Procurement Law, and the Measures for the Administration of Non-Bidding Procurement Methods of Government Procurement, we hereby notify you as follows:
First, choose the applicable situation according to law.
The procurement unit shall choose the procurement method according to the specific circumstances of the procurement project. Choosing a single-source procurement method shall meet the following conditions.
(a) Can only be purchased from a single supplier. Mainly refers to the use of irreplaceable patents and know-how for goods and services, or the special requirements of public services, leading to procurement from specific suppliers.
1. If a project that uses patents or proprietary technologies is purchased from a single source, three conditions must be met at the same time: First, the objective positioning of the project functions determines that the designated patents, proprietary technologies or services must be used. 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 cannot be implemented or provided by other suppliers, but only by specific suppliers.
2. If the public * * * service project has special requirements for single-source procurement, it shall comply with the relevant provisions of Article 4 of the Notice of Zhejiang Provincial Department of Finance on Further Regulating the Procurement Management of Government Procurement Services (Zhejiang Finance and Construction [2021] No.2).
(2) In an unforeseen emergency, it is impossible to purchase from other suppliers. If the market supply capacity and supply time can meet the emergency demand, the procurement unit shall not exclude competition because of emergency procurement. If the project is urgent and unpredictable due to the lack of reasonable planning by the purchasing unit, it does not belong to the scope of application of this clause.
(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.
(4) Other laws and regulations.
Second, strictly regulate the procurement process.
(1) Strengthen procurement demand management. For the project that intends to adopt the single-source procurement method, the procurement unit shall conduct procurement demand investigation and procurement demand management on the government procurement supervision platform line, and publicize it on the government procurement website.
The procurement unit shall conduct a detailed investigation on the market competition, supply and demand environment and service level of the procurement object, and form a unique market survey conclusion. The purchasing unit may invite professionals with relevant experience to scientifically calculate the labor and material expenditures required by the project, and require suppliers to provide cost descriptions or quotation records similar to the contract market, so as to ensure reasonable transaction prices and ensure the quality of the purchased project.
The competent budget unit can determine the single-source procurement project as the project that needs unified organization and review by the competent budget unit. The contents of the review include whether the single-source procurement method conforms to the legal situation, whether the market research is sufficient, whether the price calculation is reasonable, and whether the materials provided by the supplier are true and complete.
(2) Improve the internal control management mechanism. According to the principle of "whoever purchases is responsible", the procurement unit should implement the main responsibility, establish and improve the internal control management system of single-source procurement, and strengthen the unified management of government procurement activities. Choosing a single-source procurement method needs to go through unit legality review, internal countersignature and team collective decision. When a procurement unit declares a single-source procurement plan, it needs to upload the link of procurement demand publicity, its internal control system and collective decision-making documents, and report them to its internal supervision department for the record.
(3) Standardize professional argumentation. Procurement units should select professionals familiar with the related industries of procurement projects to conduct single-source procurement demonstration. When necessary, the presenter should conduct investigation and study. Professional argumentation opinions should be combined with the actual project and personal understanding of the project, and the argumentation content should be handwritten. Arguments must be objective, complete and clear, and the results must be reasonable and sufficient. The continuity of the project, the supplier's familiarity with the project and the supplier's leading position in the industry should not be taken as the basis for selecting the single-source procurement method. If there are problems such as plagiarism, inconsistency with facts, formalism, etc., the professionals shall be dealt with according to relevant regulations, and the remuneration for argumentation services shall be recovered.
(four) strictly implement the procurement procedures. The procurement unit shall implement the provisions of relevant documents, and do a good job in the management of single-source procurement, such as demonstration, publicity, objection handling, negotiation record, result publicity, contract signing and file preservation, in strict accordance with the relevant provisions of Chapter IV of the Administrative Measures for Non-Bidding Procurement of Government Procurement.
(5) Strengthen the management of performance acceptance. Procurement units should improve the performance management mechanism of the whole process of procurement projects, take the high-quality and high-price procurement results and user feedback as the guidance, and ensure the realization of procurement performance. For the acceptance of single-source procurement projects, it is necessary to improve the working mechanism, strengthen internal supervision, refine internal processes, and conduct acceptance in strict accordance with the contract. For public service projects, customers should be invited to participate in the acceptance.
Third, strengthen procurement supervision and management.
(1) Strictly examine and approve single-source procurement projects. If a project with an open tender amount above the standard is purchased from a single source, the application materials submitted by the procurement unit shall meet the requirements of applicable laws, sound internal control process, sufficient demonstration basis and clear review opinions. The financial department shall not approve the application for single-source procurement that does not meet the requirements of relevant regulations. The financial department has changed from paying attention to procedural examination and approval to paying attention to substantive examination and approval, and selected a certain proportion of single-source procurement projects below the standard of public bidding amount for daily supervision.
(2) Carry out smart supervision of big data. The financial department makes use of the data analysis function of the procurement supervision platform and the trading platform to carry out penetrating analysis of the single source situation, realize real-time intelligent early warning management, and send a copy to the internal supervision department of the competent budget unit as appropriate. Inform violations such as expanding application, imperfect internal control system, failure to implement procurement procedures, and replacing procurement procedures with meeting minutes, and order rectification to prevent arbitrary use and abuse of single-source procurement methods. If the circumstances are serious or refuse to correct, it will be handed over to the discipline inspection, supervision and auditing departments for handling.
(3) Strengthen assessment management. Single-source procurement management is included in the financial performance evaluation of municipal units, financial management performance evaluation of districts and counties, and evaluation and evaluation of government procurement business environment.
Fourth, the job requirements
It is the fundamental idea of the lifeline of government procurement for purchasing units to firmly establish integrity. In view of the key issues such as single-source procurement post setting, demand investigation, demonstration management, and communication with market participants, we will refine the integrity norms and form a strict and effective restraint system to prevent the transfer of benefits. The competent budget unit should implement the main responsibility of the party's work style and clean government construction in this department, and establish and improve the system of on-the-job supervision, off-the-job evaluation and project responsibility traceability of government procurement. Self-inspection should be carried out on the single-source procurement of the department regularly, and relevant inspections should be filed.
Hangzhou bureau of finance
March 29(th), 2022
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