Competitive negotiation and public bidding are both commonly used methods in procurement activities, but they are significantly different in operation mode, participation scope and evaluation criteria.
First of all, competitive negotiation is usually suitable for projects with complex technology or special nature, and its process is more flexible, and the final supplier and contract terms can be determined through multiple rounds of negotiation. This approach emphasizes cooperation and communication between the two parties, not just price competition. In contrast, public bidding pays more attention to price competition. By inviting suppliers to participate in the bidding openly and evaluating them under specified conditions, the supplier with the lowest price or the highest comprehensive score is finally selected.
Secondly, the scope of participation in competitive negotiation is usually limited, and generally only a few suppliers with relevant experience and strength are invited to participate. This can ensure the efficiency and depth of negotiations, and also help protect the interests of buyers. Open bidding is open to all potential suppliers, with wider participation and more intense competition.
Finally, in terms of evaluation criteria, competitive negotiation pays more attention to suppliers' technical strength, service quality and willingness to cooperate, not just price factors. The review process is usually more detailed and comprehensive, and many factors need to be considered comprehensively. The evaluation of public bidding is mainly based on the price, technical scheme, after-sales service and other contents in the bidding documents to select the best supplier.
To sum up, competitive negotiation is not a kind of public bidding, and there are significant differences in operation mode, participation scope and evaluation criteria. When selecting the procurement method, the purchaser should comprehensively consider the nature, scale and requirements of the project and choose the most suitable procurement method.
Legal basis:
People's Republic of China (PRC) government procurement law
Article 26 provides that:
Government procurement adopts the following methods:
Open tender;
(2) Bidding;
(3) Competitive negotiation;
(4) Single source procurement;
(five) other procurement methods identified by the procurement supervision and management department of the State Council municipal government.
Decree No.87 of the Ministry of Finance of People's Republic of China (PRC)-Measures for the Administration of Bidding for Government Procurement of Goods and Services
Article 3 provides that:
Bidding for goods and services is divided into open bidding and invitation bidding.
Public bidding refers to the procurement method in which the purchaser invites unspecified suppliers to participate in bidding by means of tender announcement according to law.
Invitation to bid refers to the procurement method in which the purchaser randomly selects more than three suppliers from suppliers who meet the corresponding qualification conditions according to law and invites them to participate in bidding in the form of invitation to bid.