Q: Competitive negotiation final offer only one is not over budget, is considered a failure?
Does the competitive negotiation document need to clearly indicate the amount of the project budget? If the maximum price is not labeled, resulting in the first offer suppliers all over the budget amount, the second offer one does not exceed the budget amount, this is considered a failure of the procurement?
A: Negotiation documents should be publicized in the procurement project budget amount; in addition to "government procurement non-tendering procurement methods," the second paragraph of Article 27, except for the circumstances set forth in the procurement process to meet the competitive requirements of the suppliers or quotations do not exceed the procurement budget of less than three suppliers, should be terminated competitive negotiation of the procurement activities, and issued a notice of termination of the project and the reasons for the re-opening of the procurement activities. procurement activities.
Legal basis:
Article 37 of the Measures for the Administration of Non-tendering Procurement Methods in Government Procurement (Ministry of Finance Decree No. 74) If one of the following circumstances occurs, the purchaser or procurement agency shall terminate the competitive negotiation procurement activities, issue a notice on the termination of the project and explain the reasons for the termination of the project, and carry out the procurement activities anew: ......... (3) In the process of procurement, the number of suppliers meeting the requirements for competition or quoting prices does not exceed the procurement budget of less than three suppliers. If the number of suppliers meeting the competitive requirements or the number of suppliers whose quotations do not exceed the procurement budget in the procurement process is less than three, except for the cases stipulated in paragraph 2 of Article 27 of these Measures.
Q: Competitive negotiations for the procurement of goods, can be three quotes or multiple quotes?
A: laws and regulations do not provide for the number of rounds of quotations by suppliers in the negotiation process, but by the purchaser, the purchasing agent in the negotiation documents agreed in advance or by the negotiation team in accordance with the actual situation of the project to decide. However, after the conclusion of the negotiations, the negotiating team shall require all suppliers who continue to participate in the negotiations to submit their final quotations within a specified period of time.
Legal basis:
Article 33 of the Measures for the Administration of Non-tendering Procurement Methods in Government Procurement (Ministry of Finance Decree No. 74) Where the negotiation documents can set out in detail the technical and service requirements of the subject matter of the procurement, the negotiation team shall, after the conclusion of the negotiation, request all the suppliers continuing to participate in the negotiation to submit their final quotations within the stipulated period of time, and the number of suppliers who have submitted their final quotations shall be not less than three. . Negotiation documents can not set out in detail the technical and service requirements of the subject matter of the procurement, subject to negotiation by the supplier to provide the final design or solution, the end of the negotiations, the negotiating team shall vote in accordance with the principle of majority rule to recommend more than three suppliers of the design or solution, and require them to submit a final offer within the specified time.
Q: 4 participate in the negotiations, 3 do not have a second offer, the other can be closed?
In the competitive negotiation, there are four participating in the response, qualification are no problem, in the conduct of the second round of quotations, three did not quote, submitted a blank page, only one made a quotation, this one can be dealt with?
Answer: no. The final offer to provide a blank page of suppliers should be treated as an invalid response. Only one supplier has made a final offer, and less than three suppliers have fully satisfied the negotiation documents. The purchaser or the purchasing agent shall terminate the competitive negotiation procurement activities, issue a notice of termination of the project and explain the reasons, and reopen the procurement activities.
Legal basis:
Ibid.
Q: Competitive negotiations, the first offer need to be "singing" in the public?
A: No. There is no similar public disclosure in non-bidding methods. The non-tendering method does not have a similar public bidding, bid opening, singing session. In negotiations, no party to the negotiations shall disclose technical data, prices and other information of other suppliers relevant to the negotiations.
Legal basis:
Article 6 of the Measures for the Administration of Non-tendering Procurement Methods in Government Procurement (Ministry of Finance Decree No. 74) The purchaser and the purchasing agent shall, in accordance with the provisions of the Government Procurement Law and the Measures, organize and conduct the non-tendering procurement activities, and shall take the necessary measures to ensure that the evaluation will be carried out in strict confidentiality.
Q: Competitive negotiations require that the second offer must be lower than the first offer, compliance?
A: Not compliant. Government procurement laws and regulations do not provide: competitive negotiation procurement method of the first round of the lowest price as the second round of the maximum price, the second round of quotations than the first round of quotations must be down a few points. The purchaser can make clear requirements in the competitive negotiation documents according to the local actual situation and experience of similar projects.
Legal basis:
Article 31 of the Measures for the Administration of Non-tendering Procurement Methods in Government Procurement (Ministry of Finance Decree No. 74) All members of the negotiating team shall focus on negotiating with a single supplier separately and shall give all suppliers participating in the negotiation an equal opportunity to negotiate. Article 35 The negotiating team shall propose more than three candidates for the transaction from among the suppliers whose quality and services can meet the substantive response requirements of the procurement documents in the order of the last offer from lowest to highest, and prepare the evaluation report.
Q: Competitive negotiations, suppliers can voluntarily give up the second offer?
A: Yes. Competitive negotiation procurement method, the supplier before submitting the final offer, the supplier can withdraw from the negotiations in accordance with the negotiations, the supplier's deposit shall be refunded.
Legal basis:
Article 34 of Measures for the Administration of Non-tendering Procurement Methods in Government Procurement (Ministry of Finance Decree No. 74) The supplier who has submitted the response documents may withdraw from the negotiation according to the negotiation situation before submitting the final offer. The purchaser and the procurement agent shall refund the deposit of the supplier who has withdrawn from the negotiations.
Q: Competitive negotiation program, the second offer when the supplier quoted $ 0, can be accepted?
A: The second offer is a matter of negotiation, not the final offer, the negotiation documents, if any, should be in accordance with its provisions.
Legal basis:
"Government Procurement Non-tendering Procurement Methods" (Ministry of Finance Decree No. 74) Article 11 Negotiation documents, request for quotations shall include the supplier qualification conditions, invitation to the procurement, procurement methods, procurement budget, procurement requirements, procurement procedures, price or quotation requirements, response document preparation requirements, the deadline for submission of response documents and location, the amount and form of security deposit. The amount and form of deposit, and the criteria for evaluating the success of the transaction.
Q: Competitive negotiations one or two rounds of quotations need to be open?
A: No public.
Legal basis:
Article 38 of the Government Procurement Law All members of the negotiating team to focus on negotiations with a single supplier separately. During the negotiations, no party to the negotiations shall disclose technical data, prices and other information of other suppliers relevant to the negotiations. If there are substantive changes in the negotiation documents, the negotiating team shall notify all suppliers participating in the negotiations in writing.
For more information about engineering/service/procurement bid writing and production, to improve the winning rate, you can click on the bottom of the official website customer service free consultation:/#/?source=bdzd