Interim Measures for the Administration of Competitive Consultation Procurement Methods in Government Procurement
Chapter I General Provisions
Article 1 In order to regulate the behavior of government procurement, safeguard the interests of the state, the interests of the social public ****, and the lawful rights and interests of the parties involved in government procurement, and based on the provisions of Article 26, Paragraph 1, Item 6 of the Law of the People's Republic of China on Government Procurement (hereinafter referred to as the Law of the People's Republic of China on Government Procurement). Formulate this method.
Second The competitive consultation procurement methods referred to in these measures, refers to the purchaser, government procurement agency through the formation of a competitive consultation team (hereinafter referred to as the consultation team) and qualified suppliers on the procurement of goods, works and services for the consultation, the supplier in accordance with the requirements of the consultation document to submit a response document and price quotation, the purchaser from the consulting team after the evaluation of the list of candidate suppliers to determine the procurement method of the successful supplier. The purchaser determines the procurement method of the successful supplier from the list of candidate suppliers proposed after the evaluation of the consultation team.
Article 3: Competitive negotiation may be used for procurement of projects that meet the following circumstances:
(1) government purchase of services;
(2) technically complex or special in nature, and it is not possible to determine the detailed specifications or specific requirements;
(3) the price cannot be calculated in advance for reasons such as the procurement of works of art, patents, know-how, or the time and quantity of services cannot be determined in advance, and so on. (C) due to the procurement of works of art, patents, proprietary technology or services, time, quantity can not be determined in advance, and other reasons can not be calculated in advance the total price;
(D) market competition is not sufficient for scientific research projects, as well as scientific and technological achievements need to support the transformation of the project;
(E) in accordance with the Bidding Law and its implementing regulations must be carried out in accordance with the bidding of construction projects other than engineering and construction projects.