Article 38 Belonging to the circumstances of Article 31 (1) of the Government Procurement Law, and to reach the amount of public bidding for goods and services, to be used in a single-source procurement method, the purchaser, the purchasing agent in accordance with Article 4 of these Measures shall be reported to the finance department for approval before the financial department at or above the provincial level on the designated media public notice, and the public notice of the situation will be reported to the finance department. The public notice period shall not be less than five working days, and the content of the public notice shall include:
(i) the purchaser, the name and content of the procurement project;
(ii) a description of the goods or services to be procured;
(iii) the reasons for the use of single-source procurement methods and the relevant explanations;
(iv) the name and address of the proposed sole supplier;
(v) the specific argumentation of the professionals on the uniqueness of the relevant supplier due to patents, proprietary technology, etc., and the name, work unit and title of the professionals;
(vi) the duration of the public notice;
(vii) the contact address, contact person and contact telephone number of the purchaser, the purchasing agent, and the financial department.
Article 39 Any supplier, unit or individual with objections to the use of single-source procurement method of publicity, can be in the period of publicity will be written feedback to the purchaser, the procurement agency, and at the same time copied to the relevant financial departments.
Article 40 The purchaser, the purchasing agent receives a single source procurement method of public notice of the objections, shall, within five working days after the expiry of the public notice period, the organization of additional argumentation, argumentation that the objections are established, it shall be taken in accordance with the law of the other procurement methods; argumentation that the objections are not established, it shall be objected to the views, argumentation and publicity and reported to the relevant financial sector.
The purchaser, the purchasing agent shall inform the suppliers, units or individuals who raise objections to the conclusion of the additional demonstration.
Article 41 The use of single-source procurement procurement, 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.
Article 42 The single-source procurement personnel shall prepare a record of the consultation, the main contents include:
(1) If the public announcement is made in accordance with Article 38 of these Measures, the public announcement of the situation description;
(2) the date and place of the consultation, the list of procurement personnel;
(3) the cost of the subject matter of the procurement provided by the supplier, the price of the contract for similar items and the relevant patents, proprietary technology, etc.;
(iv) the main terms of the contract and the price agreed upon.
The record of consultations shall be signed by all procurement staff. Procurement personnel who disagree with the record shall sign the disagreement and state the reasons. Procurement personnel refused to sign the record without a written statement of their dissenting views and reasons, shall be deemed to agree.
Article 43 In one of the following cases, the procurer or the procurement agency shall terminate the procurement activities, issue a notice of termination of the project and explain the reasons, and re-open the procurement activities:
(1) due to changes in circumstances, no longer meet the provisions of the application of single-source procurement methods;
(2) the emergence of violations of law and regulations affecting the fairness of the procurement;
(C) The offer exceeds the procurement budget.