Hunan non-tendering procurement methods management implementation rules
Section IV invitation of suppliers
Article 82 of the purchaser, the purchasing agent shall through the issuance of an invitation notice, randomly selected from the supplier database established by the financial department at or above the provincial level, or the purchaser and the evaluation experts to invite no fewer than three suppliers meeting the appropriate qualification conditions, respectively, by means of written recommendations Participate in the inquiry.
Article 83 of the invitation to publish the invitation notice, the invitation notice (see Annex I) shall be published in the financial department above the provincial level in the designated media, the public notice of not less than five working days, and shall include the following:
(a) the name of the procurement project, number;
(b) the subject matter of the procurement project, the number and budget;
(c) the main needs of the procurement project;
(a) the main needs of the procurement project The main requirements of the procurement project;
(D) the qualification requirements of suppliers;
(E) the name of the purchaser and the purchasing agent, contact person and contact information;
(F) other matters to be announced.
Article 84 of the invitation by random selection, the purchaser, the purchasing agent shall be drawn from the supplier pool established by the financial department at or above the provincial level, and the notice of invitation to the drawing of suppliers (see Annex I).
Suppliers meeting the conditions set forth in Article 22, paragraph 1 of the Government Procurement Law may join the supplier pool before the start of procurement activities. The finance department shall not charge any fees for suppliers applying to join the pool, and shall not use the supplier pool for regional and industry blockades.
Article 85 of the use of the purchaser and the evaluation of the expert written recommendation for the selection of suppliers, the purchaser recommended the proportion of suppliers shall not be higher than 50% of the total number of recommended suppliers. Purchasers and evaluation experts shall each issue a written recommendation (see Annex II), and to the supplier to issue an invitation notice (see Annex I).
Article 86 of the basic qualifications of suppliers shall comply with the provisions of Article 22 of the Government Procurement Law, only the conditions mandated by laws and regulations or set to achieve the function of government procurement policy can be used as specific qualifications.
Purchasers and procurement agencies shall not require suppliers to provide supporting materials other than the basic qualification conditions and specific qualification conditions for any reason, and shall not set conditions such as registered capital, total assets, business revenue, employees, profits, tax payments, performance scale and authorization from manufacturers as supplier qualification conditions, and shall not obstruct and restrict small and medium-sized enterprises from freely entering the government procurement market of the region and the industry. The industry's government procurement market.
Article 87 of the RFQ team shall be invited suppliers qualification review, may also be invited by the purchaser, the procurement agency supplier qualification pre-qualification, the RFQ team to confirm. After the review, the RFQ team shall determine no less than three suppliers from the list of suppliers whose review meets the relevant qualifications to participate in the RFQ procurement activities, and provide them with a notice of RFQ.
Section V. Payment of Refundable Security Deposit
Article 88 The purchaser or procurement agency may require suppliers to pay a security deposit before the deadline for submission of response documents. The amount of the security deposit shall not exceed 2% of the budget of the procurement project. Security deposit shall be used to transfer financial institutions, guarantee agencies issued by the letter of guarantee and other non-cash form of payment.
Suppliers do not pay the security deposit required by the notice of inquiry, the purchaser, the purchasing agent shall refuse to accept the supplier's response documents.
If the supplier is a consortium, one or more parties in the consortium *** with the deposit, the deposit is binding on all parties to the consortium.
Article 89 of the purchaser or procurement agency shall promptly return the supplier's security deposit after the conclusion of the procurement activities. The security deposit of the unsuccessful suppliers shall be returned within five working days after the issuance of the notice of transaction, and the security deposit of the successful suppliers shall be returned within five working days after the signing of the procurement contract. However, due to the supplier's own reasons can not be returned in a timely manner, except.
In any of the following cases, the security deposit shall not be refunded and shall be paid to the same level of finance of the purchaser:
(i) If the supplier withdraws the response document after the deadline for submitting the response document;
(ii) If the supplier provides false materials in the response document;
(iii) If, except for cases recognized by force majeure or notice of request for quotations, the supplier of the successful transaction (iv) The supplier does not sign the contract with the purchaser;
(d) The supplier colludes with the purchaser, other suppliers or the procurement agency in bad faith;
(e) Other circumstances specified in the procurement documents.
Section VI Submission of response documents
Article 90 suppliers should be in accordance with the requirements of the notice of request for quotations to prepare the response documents, and the authenticity of the response documents submitted by the legal responsibility.
Article 91 suppliers before the deadline for submission of response documents, may be submitted to the response documents to supplement, modify or withdraw, and notify the purchaser, the purchasing agent in writing. Supplements, modifications as part of the response documents. Supplements, modifications and response documents are inconsistent with the contents of the supplement, modification shall prevail.
Article 92 The supplier shall, before the deadline for submission of response documents specified in the request for quotations, deliver the response documents sealed to the place specified in the request for quotations. Response documents delivered after the deadline shall be invalid and shall be rejected by the purchaser, the purchasing agent or the RFQ team.
The purchaser, the purchasing agent responsible for the receipt of response documents, shall record the acceptance of the response documents submitted by the supplier, and the response documents submitted by the supplier and the record will be transferred to the RFQ team.
Section VII Request for Quotation
Article 93 of the RFQ process, the RFQ team shall not change the RFQ notice of the technical and service requirements, such as the evaluation process, the evaluation process, the criteria for evaluating the transaction, and the text of the contract and other matters.
Article 94 of the RFQ team in the response to the validity of the document, the completeness and responsiveness of the request for quotations for review, you can ask the supplier to respond to the document is not clear, inconsistent with the same type of problem or obvious text and calculation errors in the content of the necessary clarification, explanation or correction. The request shall be made in writing. The supplier's clarifications, explanations or corrections shall not exceed the scope of the request for quotations or change the substantive content of the response document.
The RFQ team shall not accept clarifications, explanations or corrections from suppliers on their own initiative.
Clarifications, explanations or corrections from suppliers shall be signed or stamped by their legal representatives or their authorized representatives. Supplier is a natural person, should be signed by the person with proof of identity.
Article 95 to participate in the inquiry procurement activities of suppliers, in accordance with the provisions of the notice of request for quotations shall be quoted once the price shall not be changed.
Article 96 of the RFQ team should be on-site to all suppliers to participate in the final offer to announce the final offer and the price deduction under the government procurement policy, and signed by the supplier's representative to confirm. The ranking of suppliers' final quotations is calculated according to the amount of the price deduction specified in the policy.
Article 97 of the RFQ team shall be from the quality and service can meet the substantive response requirements of the procurement documents of the suppliers, in accordance with the price after deduction of the final offer in descending order to put forward more than three candidates for the transaction, and prepare the evaluation report (see Annex IV). Evaluation report shall include the following:
(a) the specific manner of inviting suppliers to participate in the procurement activities and related circumstances, as well as the list of suppliers to participate in the procurement activities;
(b) the date and location of the evaluation, the list of members of the RFQ team;
(c) the evaluation of the situation records and explanations, including qualification examination of the supplier, the evaluation of supplier response documents, request for quotations, etc.;
(c) the evaluation situation record and description, including qualifications, supplier response documents evaluation (c) Records and explanations of the evaluation, including the qualification of suppliers, evaluation of suppliers' response documents, the situation of the RFQ;
(d) The list of candidates for the transaction and the reasons for the proposal.
The evaluation report shall be signed by all personnel of the RFQ team. RFQ panel members have objections to the evaluation report, the RFQ panel in accordance with the principle of minority to majority recommended candidates for the transaction, the procurement process continues. The members of the RFQ panel who disagree with the evaluation report shall sign the report and explain the reasons for their disagreement, and the RFQ panel shall record the relevant information in writing. Members of the RFQ team refused to sign the report without written explanation of their dissenting views and reasons, deemed to agree with the evaluation report.
Article 98 of the supplier's response documents can not respond to all the requirements of the request for quotations, the RFQ team shall determine that it can not meet the substantive response requirements; response documents in excess of the purchaser's request for quotations needs, can not be applied to the price credit.
Sub-package to determine the success of the supplier, the negotiation team shall determine the success of each package of candidates, and to ensure that each package to submit a final offer of not less than three suppliers.
Article 99 of the following circumstances, the purchaser or the procurement agency shall terminate the inquiry procurement activities, above the provincial level financial departments designated government procurement information dissemination media to publish the project termination notice (see Annex IX), and explain the reasons for the re-opening of the procurement activities:
(a) due to the circumstances of the changes in the procurement method no longer meets the requirements of the inquiry procurement method applicable circumstances
(ii) the emergence of illegal or irregular behavior affecting the fairness of the procurement;
(iii) after the expiration of the period of public notice of the invitation to request quotations, there are less than three registered suppliers;
(iv) in the process of procurement, less than three suppliers meet the requirements of the request for quotations, or quotations do not exceed the procurement budget.
Due to major changes, the procurement task is canceled, the purchaser or procurement agency shall issue a notice of termination of the project, notify all suppliers participating in the procurement activities, and report the implementation of the project and the reasons for the termination of the financial sector at this level.
Section VIII to determine the transaction supplier
Article 100 The procurement agency shall send the evaluation report to the purchaser for confirmation within two working days after the evaluation.
The purchaser shall, within five working days after receipt of the evaluation report, from the evaluation report of the candidates for the transaction, according to the quality and service can meet the substantive requirements of the response to the procurement documents and the lowest final offer to determine the transaction supplier, or may authorize in writing the inquiry panel to determine the transaction supplier directly. Purchaser overdue to determine the closing supplier and do not raise objections, deemed to determine the evaluation report put forward by the supplier with the lowest final price for the closing supplier.
Article 101 of the purchaser, the purchasing agent shall be determined within 2 working days after the transaction suppliers, in the financial sector at or above the provincial level on the designated media announcement of the results of the transaction (see Annex VII), at the same time to the successful supplier to issue a notice of the transaction, and will be the notice of the request for quotations along with the results of the transaction at the same time announcement. Announcement of the results of the transaction shall include the following:
(a) the name, address and contact information of the purchaser and the purchasing agent;
(b) the project name and project number;
(c) the name of the successful supplier, address and the amount of the transaction;
(d) the main subject of the transaction of the name of the goods, specifications, model number, quantity, unit price, service requirements
(e) the transaction supplier in accordance with the government procurement policy price discount deduction;
(f) the list of members of the inquiry panel.
The use of written recommendations for suppliers to participate in procurement activities, it should also announce the purchaser and the evaluation of expert recommendations.
Section IX signed the procurement contract
Article 102 The purchaser and the successful supplier shall, within 30 days from the date of the notification of the completion of the transaction, in accordance with the text of the contract determined by the procurement documents, as well as the subject matter of the procurement, specifications and models, the amount of the procurement, the number of purchases, the technical and service requirements, and other matters to sign a government procurement contract (see Annex XVI).
The purchaser shall not impose on the successful supplier any requirements other than those set out in the procurement documents as a condition for signing the contract, and shall not enter into an agreement with the successful supplier that deviates from the contract text and the substance of the subject matter of the procurement, the specifications of the model, the amount of the procurement, the quantity of the procurement, and the technical and service requirements set out in the procurement documents.
Article 103 of the procurement contract from the date of signing within seven working days, the purchaser shall, in accordance with the provisions of the contract copy of the same level of the financial sector for the record.
Article 104 In addition to force majeure and other factors, the notice of the transaction issued, the purchaser to change the results of the transaction, or the successful supplier refuses to sign the government procurement contract, shall bear the corresponding legal responsibility.
The successful supplier refuses to sign the government procurement contract or by the financial sector that the results of the transaction is invalid, the purchaser can be recommended from the inquiry panel in turn to determine the other suppliers as the successful candidate for the successful supplier and sign the government procurement contract, you can also re-organize the procurement. Re-organization of procurement activities, the refusal to sign the government procurement contract of the successful supplier shall not participate in the re-opening of the procurement activities of the project.
Article 105 The purchaser or procurement agency shall, in accordance with the provisions of the procurement contract, technology, services and other requirements of the organization of the acceptance of the supplier's performance, and issue a letter of acceptance (see Annex XVII). The acceptance letter shall include the performance of each technical, service and other requirements. For large or complex projects, nationally recognized quality testing organizations should be invited to participate in the acceptance. Members of the acceptance party should sign the acceptance letter, and bear the corresponding legal responsibility.
Chapter V Supplementary Provisions
Article 106 of the non-tendering procurement projects should be implemented to support energy-saving and environmentally friendly products, two types of products, and promote the development of small and medium-sized enterprises preferential government procurement policies.
(a) The mandatory procurement of products within the "Government Procurement List of Energy-saving Products" shall be implemented;
(b) The non-mandatory procurement of products within the "Government Procurement List of Energy-saving Products", the "Government Procurement List of Environmentally Labeled Products", the "Hunan Provincial Government Procurement Catalog of Two-Type Products", and small and medium-sized enterprises shall be implemented in accordance with the provisions of the relevant policies to deduct the price of the products. . However, at the same time for energy saving, environmental labeling, two types of products, the evaluation of the price deduction can only choose one; only at the same time and small and medium-sized enterprise products, the evaluation of the price can be repeated deduction.
(c) enjoy the preferential policies of government procurement product price deduction should be calculated according to the product offer, part of the same project belongs to the preferential products, the evaluation of only the part of the product price deduction.
Article 107 The supplier that the procurement documents, the procurement process and the results of the transaction so that their rights and interests are harmed, in accordance with government procurement laws and regulations, as well as the provisions of the financial sector at or above the provincial level to the purchaser or the procurement agency to challenge.
Supplier objections to the use of single-source procurement methods, does not belong to the scope of the challenge.
Article 108 In addition to the qualification review identified errors and price calculation errors, the purchaser or the procurement agency shall not be reevaluated for any reason organization. The purchaser, the procurement agency found that the evaluation team did not assess the transaction in accordance with the standards set out in the procurement documents for evaluation, should be re-conducted procurement activities, and at the same time reported in writing to the financial sector at the same level.
Article 109 of the purchaser, the purchasing agent shall properly custody of each procurement activity of the procurement documents, procurement activities are completed, the purchasing agent shall transfer the procurement documents to the purchaser for archival purposes. Procurement documents include records of procurement activities, procurement budget, negotiation documents, notice of request for quotations, response documents, opinions of recommended suppliers, evaluation reports, documents for determining the successful suppliers, records of single-source procurement negotiations, contract text, acceptance certificates, replies to queries, complaint handling decisions and other relevant documents and information. Procurement documents can be stored in electronic files.
Record of procurement activities (see Annex XV) shall include at least the following:
(a) the type and name of the procurement project;
(b) the budget of the procurement project, the composition of the funds and the contract price;
(c) the procurement method, the reasons for the use of the method and the relevant explanatory materials;
(d) the selection of suppliers to participate in procurement activities (v) Criteria for assessing the success of the transaction and the reasons for determining the supplier of the transaction;
(vi) If the procurement activity is terminated, the reasons for the termination.
Article 110 The purchaser may agree in the procurement documents, the supplier of the transaction before the signing of the contract to the purchaser to submit a performance guarantee, the amount of performance guarantee shall not exceed 10% of the contract amount. Consortium transaction, the performance guarantee submitted by the consortium parties or the name of the lead in the consortium.
In principle, government procurement contracts prohibit the agreement on the terms of the advance payment, the procurement contract special needs to pay the contract advance, must be agreed that the supplier to submit a performance guarantee before paying the advance.
Article 111 of these rules refers to the competent budget unit is responsible for the preparation of the departmental budget, to the same level of the financial sector to declare the budget of the state organs, institutions and organizations.
Article 112 of these rules shall come into force on the date of publication. Hunan Provincial Government Procurement Code of Practice" (Xiang Cai Buying [2012] No. 14) on government procurement of non-tendering procurement methods and the inconsistency of the provisions of these rules, these rules shall prevail.
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