(1) The government purchases services;
(two) the technology is complex or special, and it is impossible to determine the detailed specifications or specific requirements;
(3) The total price cannot be calculated in advance because the time and quantity of art procurement, patents, proprietary technology or services cannot be determined in advance;
(four) scientific research projects with insufficient market competition, as well as scientific and technological achievements transformation projects that need support;
(five) in accordance with the "Bidding Law" and its implementing regulations, construction projects other than construction projects that must be tendered.
Extended data:
According to the Interim Measures for the Administration of Competitive Consultation on Government Procurement:
Article 4 Where the procurement of goods and services that meet the standard of open tender amount intends to adopt the competitive negotiation procurement method, the purchaser shall, before the start of procurement activities, report to the competent budget unit, and then apply to the financial department of the people's government at or above the level of the city or autonomous prefecture with districts, and implement it after approval.
Article 5 Purchasers and procurement agencies shall organize competitive consultations in accordance with the provisions of the Government Procurement Law and these Measures, and take necessary measures to ensure that the consultations are conducted in strict confidentiality.
No unit or individual may illegally interfere with or influence the negotiation process and results.
Article 6 The purchaser and the procurement agency shall invite at least three suppliers who meet the corresponding qualifications to participate in competitive negotiation and procurement activities by issuing an announcement, randomly selecting from the supplier library established by the financial department at or above the provincial level, or recommending by the purchaser and the bid evaluation experts in writing respectively.
Suppliers who meet the requirements stipulated in the first paragraph of Article 22 of the Government Procurement Law may join the supplier library before the procurement activities begin. The financial department shall not charge any fees for suppliers to apply for warehousing, and shall not use the supplier library to block areas and industries.
If the supplier is selected through the written recommendation of the purchaser and the bid evaluation expert, the purchaser and the bid evaluation expert shall issue their own written recommendation opinions. The proportion of suppliers recommended by the purchaser shall not be higher than 50% of the total number of recommended suppliers.
Article 7 Where a supplier is invited by announcement, the purchaser and the procurement agency shall publish a competitive consultation announcement on the government procurement information release media designated by the financial department of the people's government at or above the provincial level. The announcement of competitive consultation shall include the following main contents:
(a) the name, location and contact information of the purchaser and the procurement agency;
(2) The name, quantity, brief specification or basic introduction of the procurement project;
(3) Budget of procurement projects;
(4) Qualification of suppliers;
(five) the time, place and method of obtaining the consultation documents and the price of the consultation documents;
(six) the deadline for submitting the response documents, the time and place of bid opening;
(seven) the name and telephone number of the contact person of the procurement project.
Article 8 Competitive consultation documents (hereinafter referred to as consultation documents) shall be formulated according to the characteristics of the procurement project and the actual needs of the purchaser, and shall be approved by the purchaser in writing. The purchaser shall take meeting the actual demand as the principle, and shall not raise the procurement standards such as budget and asset allocation without authorization.
The consultation document shall not require or indicate the name of the supplier or the brand of a specific commodity, and shall not contain conditions such as technology and services specific to a specific supplier.
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