One, the application of a single-source procurement circumstances
Centralized purchasing directory or decentralized purchasing limit standard above the procurement project, the purchaser according to the specific circumstances of the project, according to law to apply for single-source procurement, should be consistent with the Government Procurement Law, Article 31, one of the three circumstances.
(a) can only be procured from the only supplier, mainly refers to the use of irreplaceable patents or proprietary technology for goods or services, or public **** service projects with special requirements, resulting in only a specific supplier from the procurement. The use of patented or proprietary technology of the project using single-source procurement, need to simultaneously meet the following three conditions:
1. The project function determines the need to use specific patents, proprietary technology or services, rather than the subjective requirements of the purchaser. The mere fact that the project is technically complex or technically difficult cannot justify single-source procurement.
2. The patents, know-how or services used in the project are irreplaceable. If the use of different patents, know-how or services to replace, can meet the same or similar project functions, and does not affect the quality of the project and the use of the results, can not be procured by single-source procurement.
3. Because of the exclusivity of the patent, know-how or service of the product or production process, which results in it being provided or implemented only by a particular supplier and cannot be provided or implemented by other suppliers.
(ii) Unforeseen emergencies have occurred that cannot be procured from other suppliers. The provision shall not apply where the project is of a foreseeable nature and the urgency of the project is due to lack of reasonable planning by the purchaser.
(C) must ensure the consistency of the original procurement project or service support requirements, the need to continue to purchase from the original supplier, and the total amount of funds for additional purchases does not exceed the original contract amount of ten percent of the purchase.
Two, strictly regulate the single-source procurement
To reach the amount of public bidding standards for goods, services, procurement projects, the purchaser intends to use a single source of procurement, should be strictly justified.
(a) belonging to the first paragraph of Article 31 of the Government Procurement Law, to reach the amount of public bidding standards for goods and services procurement projects, the purchaser shall, before the commencement of the procurement activities, reported to the competent budgetary unit agreed to the procurement project and the name of the sole supplier and other information in the Inner Mongolia Autonomous Region Government Procurement Network, the public period shall not be less than five working days.
(2) does not reach the amount of public bidding standards and in line with the provisions of Article 31 (1) of the Government Procurement Law, can only be purchased from the sole supplier of government procurement projects, can be used in accordance with the law, a single source of procurement. Such projects in the procurement activities before the start, without reporting to the financial sector for approval, and do not have to be in the Inner Mongolia Autonomous Region Government Procurement Network publicity.
For this type of procurement project, the purchaser and the purchasing agent shall, in strict accordance with the relevant provisions of the Government Procurement Law, the Regulations for the Implementation of the Government Procurement Law, and the Measures for the Administration of Non-tendering Procurement Methods in Government Procurement (Ministry of Finance Decree No. 74), organize professionals with relevant experience to agree on a reasonable transaction price with the supplier and ensure the quality of the procurement project.
(c) Any supplier, unit or individual with objections to the use of single-source procurement methods, you can in the public period of written comments back to the purchaser, the procurement agency, and copy the financial sector at the same time. Purchaser, the procurement agency receives the objection, it shall, within five working days after the expiry of the publicity period, the organization of additional argumentation, argumentation that the objection is established, it shall be taken in accordance with the law of other procurement methods; argumentation that the objection is not established, it shall be supplemented with the conclusion of the argumentation to inform the objections of the suppliers, units or individuals, and at the same time, the objections to the views of the argumentation with the publicity and reported to the financial sector.
(d) the purchaser to use single-source procurement projects, the purchaser should be in the Inner Mongolia Autonomous Region Government Procurement Cloud Platform to carry out procurement demand management and demand survey. The subject matter of the procurement of market competition, supply and demand environment, service level and other conditions for in-depth investigation, to form a market survey whether the uniqueness of the conclusion. The purchaser may invite professionals with relevant experience to demonstrate procurement requirements, and the demonstration opinions shall be objective, complete, clear and unambiguous, detailing the expenditures on labor and materials required to be invested in the project, and combining the historical transaction information of similar procurement projects with price calculations, to ensure that a reasonable transaction price is reached and to ensure the quality of the procurement project.
(E) the purchaser shall organize by more than three (odd) professionals to form a demonstration team to demonstrate the use of single-source procurement methods. Professionals can not have a direct interest in the demonstration project, can not be the unit or potential suppliers and their affiliates. Procurers can choose their own according to the characteristics of the procurement project to demonstrate experts in the appropriate field of expertise.
Three, single-source procurement approval
(a) to reach the amount of public bidding standards for goods and services, to be used in a single source procurement, after the expiration of the publicity period, no objections, according to the budgetary level reported to the autonomous regions, allied municipal finance departments for approval. Flag and county-level budget units, should be reported to the alliance city finance department for approval. Approval of the following information to be submitted:
1. The competent budget unit agreed to the purchaser to use a single source procurement method letter.
2. The application of the purchaser to use single-source procurement method. Specifically include the following: the purchaser's name, contact person and contact telephone number; the name of the procurement project, the project overview and other basic information description; project budget amount; to apply for the use of single-source procurement method of the reasons; the proposed sole supplier name, address and other content; single-source procurement publicity time and the publicity of the statement with or without objections. There are objections to the need to provide dissenting views, the organization of additional proof of the situation description and dissenting views.
3. Professionals on the relevant suppliers due to patents, proprietary technology and other reasons for the uniqueness of the specific argumentation, the argumentation requires professionals to separate separate argumentation, and signature.
4. Basic information on the professionals. Including the name of the professional, work unit, title and so on.
5. Market research and price measurement.
6. Procurement intention to publicize the situation (system printout).
7. Single-source procurement methods publicized (system printout).
(2) belongs to the Government Procurement Law, Article 31, paragraph 3 of the circumstances, and reach the amount of public bidding standards, it should also be submitted to the financial sector to the competent budgetary unit's application documents, a copy of the original procurement project contract.
Four, single-source procurement method of implementation
Single-source procurement should strictly comply with the "Chinese People's *** and National Code" on the invitation to offer, offer, commitment to the principle of contract formation, standardize the procurement implementation procedures, put an end to the direct signing of the contract procurement, and should be strictly acceptance.
(a) the purchaser, the procurement agency shall be based on government procurement policy, procurement budget, procurement requirements for the preparation of single-source procurement documents, clear and specific procurement needs.
(ii) the purchaser, the procurement agency shall organize professionals with relevant experience and suppliers to agree on a reasonable transaction price, and to ensure the quality of the procurement project. Quotations exceeding the procurement budget shall be annulled.
(c) After the end of the consultation and negotiation, the single-source procurement personnel shall prepare a record of the consultation and negotiation, and signed by all personnel participating in the consultation and negotiation. Negotiators who disagree with the results of the consultative negotiations shall sign the record of the consultative negotiations with dissenting views and reasons, otherwise they shall be deemed to recognize the results of the consultative negotiations.
(d) The purchaser shall, within five working days after completing the single-source consultation and negotiation on its own or receiving the report on the consultation and negotiation submitted by the purchasing agent, determine the supplier of the transaction based on the results of the consultation and negotiation.
(e) the purchaser, the procurement agency shall, within 2 working days from the date of the determination of the supplier of the transaction, in the Inner Mongolia Autonomous Region Government Procurement Network published announcement of the results of the transaction, and at the same time to the supplier to issue a notice of the transaction.
(f) The purchaser and the supplier of the transaction shall, within 30 days from the date of issuance of the notification of the transaction, enter into a government procurement contract in accordance with the matters determined in the procurement documents.
(vii) the purchaser shall, within two working days from the date of signing the contract, the procurement contract in the Inner Mongolia Autonomous Region Government Procurement Network announcement, except for the content of the state secrets, commercial secrets; within seven working days from the date of the signing of the procurement contract, a copy of the procurement contract reported to the same level of the financial sector for the record.
(viii) the purchaser or its commissioned procurement agency shall, in accordance with the provisions of the procurement contract to organize performance acceptance, and issue acceptance.
V. Strengthen the single-source procurement supervision
The financial sector received a single source procurement mode application, the application materials should be timely compliance review. Application reasons and application materials in line with the "Government Procurement Law," "Government Procurement Non-tendering Procurement Management Measures" (Ministry of Finance Decree No. 74) and the provisions of this notice, shall be approved in accordance with the law; application materials do not comply with the "Government Procurement Law," "Government Procurement Non-tendering Procurement Management Measures" (Ministry of Finance Decree No. 74) and the provisions of this notice, the financial sector shall promptly notify the purchaser to modify the supplement. Application reasons do not meet the "Government Procurement Law," "Government Procurement non-tendering procurement methods of management" (Ministry of Finance Decree No. 74) and the provisions of this notice, the financial sector shall promptly respond, and notify the procurer of the reasons for not approving.
Financial departments at all levels should make full use of the "Inner Mongolia Autonomous Region Government Procurement Cloud Platform" big data analysis information, big data regulation and supervision and early warning. Strengthen the supervision of single-source procurement projects above the standard amount of public bidding, and randomly selected single-source procurement projects below the standard amount of public bidding for daily supervision. The procurer to expand the application of laws and regulations, internal control system is not perfect, not standardized implementation of procurement procedures, argumentation evidence is not sufficient, the review opinion is not clear, and other violations of the law using single-source procurement, in accordance with the law and regulations, and deal with strictly.
The competent budgetary units should establish and improve the internal control system of government procurement, and strengthen the management and guidance of their units. In accordance with the principle of "who purchases, who is responsible for", the procurement requirements and procurement results are responsible. The single-source procurement method is determined through the collective research resolution of the unit and other forms, and forms the fair competition review and legitimacy audit opinion. The procurer shall strictly implement the "government procurement non-tendering procurement methods" relevant provisions, in accordance with the requirements of the single-source procurement of the argumentation, publicity, objection handling, consultation records, the results of the public, the signing of the contract, acceptance of performance, the procurement file custody, and so on, and is responsible for the authenticity of its compliance, legality.
The purchaser shall select professionals who are familiar with the relevant industry sectors of the procurement project for single-source procurement demonstration. Professionals must independently express the argumentation opinion, if necessary, the argumentation staff should carry out investigations and research. Professional argumentation shall not be based on the continuity of the project, supplier familiarity or leading position in the industry as the basis for single-source procurement. Argumentative opinions appear to copy each other, and the actual situation does not match the problem, according to "who purchases, who is responsible for" the main responsibility of the procurer.
The Inner Mongolia Autonomous Region Department of Finance
June 5, 2022
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