Centralized procurement institutions shall establish and improve the internal management system and the procurement price monitoring system, standardize procurement behavior, improve procurement quality and efficiency, and realize that the procurement price is lower than the average market price, and shall not entrust procurement projects to other organizations or individuals.
Social agencies shall obtain corresponding qualifications in accordance with state regulations, and conduct procurement business according to law within the scope of agency.
Article 13 A purchaser shall, in accordance with the provisions on the supervision and administration of government procurement, entrust government procurement projects to a procurement agency in a timely manner and sign an agency agreement.
The purchaser shall choose a procurement agency in accordance with the principle of open selection, and shall not entrust a procurement agency that does not meet the prescribed conditions.
Fourteenth buyers and procurement agencies should demonstrate according to the characteristics and needs of procurement projects, accurately and completely prepare procurement documents, and issue procurement announcements in accordance with relevant national and provincial regulations.
The procurement documents shall fully disclose the procurement information, indicate the substantive requirements, conditions and evaluation methods, indicate whether the imported products are allowed to be purchased, and specify the requirements and scoring standards for priority procurement or compulsory procurement in accordance with the provisions on the implementation of government procurement policies and measures.
If a deposit is required, it should be specified in the procurement documents. Suppliers can pay the deposit in the form of bank notes and letters of guarantee issued by specialized agencies. In the form of a letter of guarantee, the purchaser and the procurement agency shall not refuse to accept it.
Fifteenth technical indicators specified in the procurement documents shall meet the requirements of national and provincial standards, and shall not have the following contents that restrict or exclude potential suppliers:
(1) The qualifications, technology and commercial conditions set are not suitable for the specific characteristics and actual needs of the procurement project or have nothing to do with the performance of the contract;
(2) Defining or designating a specific patent, trademark, brand, country of origin or supplier;
(3) Taking the achievements and awards of a specific administrative region or a specific industry as the scoring factor or the conditions for winning the bid (transaction);
(4) Providing suppliers with different project information of the same procurement project;
(5) restricting or excluding other contents of potential suppliers under unreasonable conditions.
Article 16 Suppliers shall prepare bidding (response) documents according to the requirements of procurement documents. The bidding (response) document shall make a substantial response to the procurement document.
The supplier shall deliver the bidding (response) documents to the designated place before the deadline specified in the procurement documents. After receiving the tender (response) documents, the purchaser and the procurement agency shall sign and keep them.
Article 17 The bid opening (quotation) shall be conducted in public at the time and place specified in the procurement documents, with the participation of representatives of the purchaser, suppliers and interested parties.
At the time of bid opening (quotation), the supplier or its elected representative shall check the sealing of the bidding (response) documents, or a notary agency entrusted by the procurement agency may check and notarize them; After confirmation, the staff will open it in public and read out the main contents such as the name and price of the supplier's bidding (response) document.
Eighteenth bidding (response) documents in any of the following circumstances, shall be regarded as invalid bidding (response) documents:
(a) Submitted after the prescribed deadline;
(2) Failing to seal, sign or seal according to the requirements of the procurement documents;
(3) Failing to pay the deposit as required;
(four) does not meet the qualification requirements stipulated in the procurement documents;
(5) Providing imported products without the approval of the financial department;
(six) the quotation exceeds the procurement budget;
(seven) did not fully respond to the substantive requirements stipulated in the procurement documents;
(eight) other circumstances that do not conform to the provisions of laws and regulations.
Article 19 A procurement agency shall set up a bid evaluation committee or negotiation group, a single-source procurement group and an inquiry group (hereinafter referred to as the bid evaluation committee) in accordance with the provisions of government procurement laws and regulations. The review committee consists of representatives of the buyer and review experts. The representative of the purchaser shall obtain the written authorization of the legal representative of the unit and shall not be the main person in charge of the bid evaluation committee.
Members of the review committee who have an interest in suppliers must withdraw. If the supplier thinks that the members of the review committee have an interest with other suppliers and themselves, it shall apply for withdrawal.
The bid evaluation experts are randomly selected by the procurement agency from the provincial government procurement bid evaluation expert database. The number of experts can not meet the requirements of the review, and can be supplemented by selective determination with the approval of the financial department of the people's government at the same level. The selection and use of bid evaluation experts should be kept strictly confidential.
Twentieth members of the review committee shall independently review according to law and abide by the review discipline. In case of disputes over matters that need to be identified with * * *, the review conclusion shall be made in accordance with the principle that the minority is subordinate to the majority.
The review shall be strictly confidential. The evaluation site should have perfect audio and video recording equipment. The purchaser and the procurement agency shall record and video the whole process of bid evaluation activities and keep them for at least 2 years.
The members of the review committee and the personnel related to the review shall keep confidential the review situation and the state secrets and business secrets known in the review process.
Twenty-first in the procurement activities, under any of the following circumstances, the purchaser and the procurement agency shall cancel the bidding or terminate the procurement activities, and inform all suppliers in writing of the reasons:
(1) After the bidding deadline, less than three suppliers participated in the bidding, less than three suppliers met the requirements of the bidding documents, or less than three suppliers made substantive responses to the bidding documents;
(two) there are illegal acts that affect the fairness of procurement;
(3) Suppliers' quotations all exceed the purchase budget;
(four) due to major changes, the procurement task has been cancelled.
Except for the circumstances specified in Item (4) of the preceding paragraph, the purchaser and the procurement agency shall reorganize the procurement.
Article 22 Where goods and services are purchased by public bidding, the purchaser and the procurement agency may reorganize the bidding after the bidding is cancelled, or change the procurement method according to the following provisions after obtaining the written consent of the supplier and reporting to the financial department for approval:
(1) If there are only two suppliers, it can be changed to competitive negotiation, and the purchaser and the procurement agency will organize the procurement according to the procedures of competitive negotiation; If there are only 1 suppliers who submit response documents or make substantive responses to negotiation documents, the negotiation will be terminated and the procurement will be reorganized;
(2) If there are only 1 suppliers, it can be changed to single-source procurement after the financial department announces that there is no objection according to regulations. The final transaction price after changing the procurement method shall not be higher than the lowest quotation of the supplier at the time of bidding.
Twenty-third procurement by competitive negotiation, only two suppliers submit response documents or make substantive responses to the negotiation documents, the purchaser and the procurement agency can continue to conduct competitive negotiation procurement after obtaining the written consent of the suppliers and reporting to the financial department for approval; Only 1 home, terminate the negotiation and reorganize the procurement.
Twenty-fourth government procurement projects, the successful supplier (transaction), in accordance with the following provisions:
(a) the procurement of goods and services by tender shall be determined by the lowest bid evaluation method or the comprehensive evaluation method;
(2) If the procurement is conducted by competitive negotiation, all members of the bid evaluation committee shall negotiate collectively with suppliers respectively, and determine according to the principle that the quality and service can meet the requirements of procurement documents and the lowest quotation;
(3) In case of procurement by inquiry, the bid evaluation committee shall compare the one-time quotations provided by suppliers and determine them according to the principle that the quality and service can meet the requirements of procurement documents and the lowest quotation.
Twenty-fifth after the review, the members of the review committee shall issue a review report signed by all members, and recommend the suppliers who have won the bid (clinch a deal). Members of the review committee who hold different opinions shall sign different opinions on the review report and explain the reasons; If you don't sign a different opinion, you will be deemed to agree. The procurement agency shall send the review report to the purchaser within 2 working days. The purchaser shall, within 3 working days after receiving the bid evaluation report, determine the bid-winning (transaction) supplier according to the order of candidate suppliers recommended by the bid evaluation report. The purchaser may also authorize the bid evaluation committee to directly determine the winning bidder (transaction) in advance in written form.
Twenty-sixth after the bid-winning (clinch a deal) supplier is determined, the procurement agency shall make an announcement in the procurement announcement media according to the regulations, and issue a bid-winning (clinch a deal) notice to the bid-winning (clinch a deal) supplier.
The purchaser and the procurement agency shall refund the deposit of the supplier who has not won the bid (transaction) within 5 working days after the notice of winning the bid (transaction) is issued.
Twenty-seventh in the procurement activities, the procurement parties and members of the bid evaluation committee shall not have the following malicious collusion:
(1) The purchaser or procurement agency discloses the members of the bid evaluation committee to the supplier or instructs the supplier to change or modify the bidding (response) documents;
(two) the substantive contents of the bidding (response) documents such as negotiated quotations and technical solutions between suppliers;
(three) the supplier agreed in advance that a supplier will win the bid (clinch a deal);
(four) agreement between suppliers to give up bidding (quotation) or winning the bid (transaction);
(five) suppliers belong to the same organization, association, chamber of commerce and other organizations, and cooperate in bidding (quotation) according to the requirements of the organization;
(6) Other malicious collusion.