1, the goods and services in the legally formulated centralized procurement catalogue do not meet the standard of open tender amount;
2. Goods and services that are outside the centralized procurement catalogue formulated according to law, exceed the procurement limit standard and fail to meet the standard of open tender amount;
3. Goods and services that meet the standards of public bidding and are approved to adopt non-public bidding;
4, according to the "Bidding Law" and its implementing regulations, government procurement projects other than those that must be subject to tender.
Competitive negotiation process:
1, set up a negotiation team. The negotiating team consists of representatives of the purchaser and relevant experts, with an odd number of more than three, of which the number of experts shall not be less than two-thirds of the total number of members;
2. Formulate negotiation documents. The negotiation documents shall specify the negotiation procedures, contents, terms of the draft contract and the criteria for evaluating the transaction;
3. Determine the list of suppliers invited to participate in the negotiation;
4. negotiation. All members of the negotiating team concentrate on negotiating with a single supplier;
5. Determine the supplier of the transaction.
To sum up, competitive negotiation refers to the way that the purchaser or procurement agency directly invites more than three suppliers to negotiate on procurement matters.
Legal basis:
Article 38 of the Government Procurement Law of People's Republic of China (PRC).
Competitive negotiation procurement should follow the following procedures:
(a) Establish a negotiating team. The negotiating team consists of representatives of the purchaser and relevant experts, with an odd number of more than three, of which the number of experts shall not be less than two-thirds of the total number of members.
(2) Formulate negotiation documents. The negotiation documents shall specify the negotiation procedures, contents, terms of the draft contract and the criteria for evaluating the transaction.
(three) to determine the list of suppliers invited to participate in the negotiations. The negotiating team shall determine at least three suppliers from the list of suppliers who meet the corresponding qualifications to participate in the negotiations and provide them with negotiation documents.
(4) negotiation. All the members of the negotiating team concentrated on negotiating with a supplier. During the negotiation, neither party shall disclose the technical data, prices and other information of other suppliers related to the negotiation. If there are substantial changes in the negotiation documents, the negotiating team shall notify all suppliers participating in the negotiation in writing.
(5) Identify suppliers. After the negotiation, the negotiating team shall require all the suppliers participating in the negotiation to make a final quotation within the specified time. The purchaser shall determine the winning supplier from the winning candidates proposed by the negotiating team in accordance with the principles of meeting the procurement demand, equal quality and service, and the lowest quotation, and notify all the unsuccessful suppliers participating in the negotiation of the results.