1. What are the ways of government procurement?
Government procurement methods mainly include: open tender, invitation tender, competitive negotiation, single-source procurement, inquiry procurement and other procurement methods recognized by the State Council government procurement supervision department.
1, public bidding procurement, refers to the way that the tenderer invites unspecified suppliers (bidders) to bid through the tender announcement, and public bidding is the main way of government procurement. The purchaser shall not split the goods or services that should be purchased by public bidding or evade public bidding in any other way.
2. Invited bidding procurement, also known as selective bidding, refers to the bidding method in which the purchaser selects several (not less than three) qualified suppliers according to the credit standing and performance of suppliers or contractors, sends them an invitation to bid, invites suppliers to bid for competition, and selects the winning bidder.
3. Competitive negotiation procurement refers to the negotiation team (consisting of three or more representatives of the purchaser and relevant experts in an odd number, and the number of experts shall not be less than two-thirds of the total number of members) that determines not less than three suppliers from the list of suppliers who meet the corresponding qualifications to participate in the negotiation.
4. Single-source procurement, also known as direct procurement, refers to the situation that the quota standard and open tender amount standard have been reached, but the purchased goods have a single source channel, or are patented, created for the first time, added to the contract, and the original procurement project has been subsequently expanded, so it is impossible to purchase from other suppliers in an unforeseen emergency.
5. Inquiry procurement refers to the inquiry team (composed of more than 3 representatives of the purchaser and relevant experts in an odd number, of which the number of experts shall not be less than two-thirds of the total number of members). According to the purchasing demand, no less than three suppliers are determined from the list of qualified suppliers to send inquiry sheets for quotation.
Second, the form of government procurement
There are generally three modes of domestic government procurement:
(1) Centralized procurement mode, that is, a specialized government procurement agency is responsible for all procurement tasks of the government at the corresponding level;
(2) Decentralized purchasing mode, that is, each purchasing unit purchases by itself;
(3) Semi-centralized and semi-decentralized procurement mode, that is, some projects are purchased by specialized government procurement agencies, while others are purchased by various units themselves.
Centralized procurement accounts for a large proportion in China's government procurement, and projects listed in the centralized procurement catalogue and reaching a certain purchase amount or above must be centralized procurement.
Third, the way to bear the responsibility for breach of contract in government procurement
1, continue execution.
If the contractual obligations are not fulfilled or the performance is not in conformity with the agreement, the observant party may require the breaching party to continue to perform in accordance with the agreement until the purpose of the contract is achieved. This situation is mostly applicable to the situation that the subject matter is specific and must be performed, which cannot replace performance.
2. Take remedial measures.
If the quality of the subject matter of the performance of the debt does not meet the conditions stipulated in the contract, only by taking appropriate remedial measures can the purpose of the contract or the purpose that the observant party considers satisfactory be achieved without further performance. For example, if the quality of the delivered product does not conform to the agreement, the injured party may reasonably choose to ask the other party to bear the liabilities for breach of contract such as repair, replacement, rework, return, price reduction or remuneration according to the nature of the subject matter and the size of the loss.
3. liquidated damages.
When one or all parties agreed in the contract breach the contract, the breaching party shall pay a certain amount of money to the observant party to make up for the losses of the observant party and punish the breach. After assuming the liability for breach of contract, whether to continue to perform or take remedial measures can be determined by the parties to the contract through consultation.
4. compensation.
It means that the parties to a contract agree in the contract that if one party causes actual damage to the other party due to breach of contract, it shall pay compensation according to the actual amount of damage. After the parties perform their obligations or take remedial measures, if the other party has other losses, it shall compensate for the losses.
According to the law, there are five main ways of government procurement: public bidding and invitation bidding. Of course, other procurement methods recognized by the procurement supervision department of the State Council government are also acceptable.