(1) An invitation letter for negotiation;
(2) Instructions for negotiation;
(three) to determine the number of suppliers invited to participate in the negotiations;
(4) Qualification requirements of suppliers;
(five) the qualification certification materials that the supplier should provide;
(six) the technical and commercial requirements of the procurement project;
(seven) to meet the minimum requirements of procurement projects with the same procurement demand, quality and service;
(eight) the supplier response document preparation requirements;
(9) Negotiation procedures and trading standards;
(10) Contents of negotiation;
(eleven) negotiation work discipline and matters needing attention;
(twelve) the format of the supplier's response document;
(thirteen) the main terms of the government procurement contract;
(14) Standards and requirements for performance acceptance of procurement projects;
(fifteen) other matters that need to be stipulated.
The negotiation documents shall specify whether the purchaser authorizes the negotiating team to directly determine the suppliers. If the purchaser determines the trading supplier by himself, the negotiation document shall specify the number of candidate suppliers recommended by the negotiating team (1-3).
Article 11 The negotiation documents may stipulate the specific qualifications of suppliers according to the special requirements of the procurement project, but they shall not be biased or discriminatory.
If the negotiation documents have qualification requirements for suppliers, they should be stipulated in the supplier qualification requirements, not in the technical and commercial requirements of the procurement project.
If the negotiation documents have qualification requirements for the goods and services provided by suppliers, they shall be stipulated in the supplier qualification requirements, not in the technical and commercial requirements of the procurement project.
Article 12 The supplier qualification certification materials specified in the negotiation documents shall correspond to the supplier qualification requirements.
Article 13 The minimum requirements for procurement items specified in the negotiation documents are items that suppliers must meet, and there shall be no ambiguity or contradiction with the technical and commercial requirements for procurement items.
Article 14 In the process of formulating negotiation documents, the procurement executing agency shall publicize the supplier's qualification requirements, the technical and commercial requirements of the procurement project, and the minimum requirements of the procurement project that meet the procurement demand, quality and service for more than 5 days. Because of the competitive negotiation in Item (3) of Article 6 of these Measures, it can be shortened by 2 days. Fifteenth after the completion of the negotiation documents, the procurement executing agency shall publish a negotiation announcement on the government procurement information release media. The announcement of negotiation shall include the following contents:
(a) the qualifications that suppliers should have to participate in the negotiations and the relevant certification materials that should be provided;
(two) the name, quantity, basic technical and commercial requirements of the procurement project;
(3) The time (indicating the date and time), place, method and price (when paid) of the supplier registration and negotiation documents provided by the procurement executing agency;
(four) the amount and payment method of the negotiation deposit paid by the supplier;
(five) the time, place, contact person and contact information of the supplier to submit the response documents, accept the qualification examination and participate in the negotiations;
(six) the name, contact person and contact information of the procurement executing agency;
(seven) other matters that need to be announced.
Article 16 The publication period of the negotiation announcement shall exceed 7 working days. Because of the competitive negotiation in Item (3) of Article 6 of these Measures, it can shorten 2 working days.
The supplier registration time should be guaranteed for more than 3 working days.
Article 17 The contents of the negotiation announcement shall be clear. If there is any ambiguity in the contents of the negotiation announcement, an explanation in favor of the supplier shall be made.
If the contents of the negotiation announcement or negotiation document need to be corrected, the change announcement shall be published on the government procurement information release media 2 days before the registration deadline, and all registered suppliers shall be notified in time. If there is not enough time, the time for negotiation announcement shall be extended. The announcement of change shall include the following contents:
The name of the procurement project;
(2) change;
(3) The name, contact person and contact information of the procurement executing agency;
(four) other matters that need to be announced.
Section III Registration, Provision of Negotiation Documents, Preparation and Submission of Response Documents
Article 18 If a supplier considers that it meets the qualification requirements of the procurement project and the basic technical and commercial requirements of the procurement project, it may register at the time, place and manner specified in the negotiation announcement.
Article 19 When applying for registration, a supplier shall provide the originals of relevant certification materials in accordance with the provisions of the negotiation announcement. If it is difficult to provide the original, a confirmed or notarized copy may be provided.
Twentieth in addition to the contents of the negotiation announcement, the procurement executing agency shall not refuse the registration of suppliers in any way or for any reason.
Article 21 If there are less than three suppliers participating in the registration, this competitive negotiation procurement activity will be terminated. The procurement executing agency shall issue an announcement to terminate the competitive negotiation. The announcement of termination of competitive negotiation shall include the following contents:
The name of the procurement project;
(2) The specific reasons for terminating the competitive negotiation;
(3) The name, contact person and contact information of the procurement executing agency;
(four) other matters that need to be announced.
Twenty-second procurement execution agencies can provide negotiation documents to suppliers for compensation, but not for profit. The pricing of negotiation documents provided with compensation should be based on the principle of making up the cost of preparing negotiation documents, and should not be based on the purchase amount. If the procurement project is subcontracted, the procurement executing agency shall not package the negotiation documents and sell them to suppliers.
Twenty-third after the announcement of the negotiation, the supplier shall obtain the negotiation documents in accordance with the provisions of the negotiation announcement.
If it is difficult for suppliers to purchase negotiation documents by means of payment of funds specified in the negotiation announcement, they can purchase negotiation documents by means of on-site payment.
Article 24 After obtaining the negotiation documents, the supplier shall prepare the response documents in accordance with the provisions of the negotiation documents. If the negotiation document stipulates that multiple rounds of quotation are adopted, the supplier can quote on the spot after the negotiation, instead of quoting in the response document.
The response documents mentioned in the preceding paragraph are divided into two parts: qualification response documents and technical and service response documents, which are bound into volumes. The qualification response document is used for the qualification examination of the negotiating team, and the technical and service response document is used for the negotiation between the supplier and the negotiating team.
Article 25 After the preparation of the supplier's response document is completed, it shall submit the response document in accordance with the provisions of the negotiation announcement, and deliver the response document to the designated place in a sealed manner. The response document submitted by the supplier after the deadline is invalid, and the procurement executing agency will reject it.
Twenty-sixth before the deadline for bidding, the supplier may supplement, modify or withdraw the submitted response documents, and notify the procurement executing agency in writing. Supplementary and modified contents shall be taken as an integral part of the response document.
Article 27 If the supplier intends to hand over the non-major and non-critical work of the project to others, it shall specify it in the response document.
Article 28 When submitting the response document, the procurement executing agency may request to pay the negotiation deposit, and the amount of the deposit shall be more than 5% 1% of the budgeted amount of the procurement project. The deposit shall be paid in the manner specified in the negotiation documents.
Article 29 The procurement executing agency shall refund the negotiation deposit of unsuccessful suppliers within 5 working days after the transaction notice is issued; Refund the supplier's negotiation deposit within 5 working days after signing the government procurement contract.
Thirtieth any of the following circumstances, the negotiation deposit will not be refunded:
(1) The supplier withdraws the response documents within the validity period;
(two) the supplier has violated the law and discipline in the procurement activities;
(three) the supplier fails to sign a government procurement contract with the purchaser without justifiable reasons;
(four) the supplier fails to pay the performance bond according to the requirements of the negotiation documents;
(five) other circumstances stipulated in the negotiation documents.
Article 31 Where a supplier participates in competitive negotiation procurement activities in the form of a consortium, all parties to the consortium shall meet the supplier qualification requirements stipulated in the Procurement Law of People's Republic of China (PRC), and submit a consortium agreement to the procurement executing agency, stating the work and obligations undertaken by all parties to the consortium. The parties to the consortium shall not participate in the procurement activities of the same project in their own names, nor shall they form a new consortium with other suppliers.
The procurement executing agency shall not force suppliers to form consortia or restrict competition among suppliers, but shall not accept consortia to participate in project procurement activities according to the characteristics and needs of the project.
If the supplier is a consortium, one or both parties in the consortium may submit a deposit. If the deposit is submitted in the name of one party, it is binding on all parties of the consortium.
Article 32 If less than three suppliers submit response documents, this competitive negotiation procurement activity will be terminated. The procurement executing agency shall issue a notice to terminate the competitive negotiation according to the provisions of Article 21 of these Measures. Article 33 The procurement executing agency shall set up a negotiation team to organize and implement competitive negotiation procurement activities. The negotiating team consists of representatives of the purchaser and more than three technical, economic or legal experts determined according to the procurement project. Among them, the number of experts shall not be less than two-thirds of the total number of members. For projects with a procurement budget of more than 3 million yuan, the negotiating team shall consist of an odd number of more than 5 people.
Thirty-fourth experts in the negotiating team shall be selected in accordance with the relevant provisions of the Sichuan Provincial Government Procurement Evaluation Experts.
Article 35 The representative of the purchaser among the members of the negotiating team shall be entrusted by the purchaser in writing. Entrusted by bid evaluation experts, bid evaluation experts can only participate in procurement activities as representatives of purchasers.
Thirty-sixth members of the negotiating team shall not be changed without authorization. If it is really necessary to change, it shall be extracted or entrusted in accordance with the provisions of Articles 34 and 35 of these Measures. Article 37 After the deadline for suppliers to submit response documents ends, the procurement executing agency shall organize a negotiation team to examine the qualifications of suppliers submitting response documents and determine the list of suppliers invited to participate in the negotiations.
Article 38 The scope of supplier qualification examination shall not exceed the qualification requirements for suppliers in the negotiation documents.
Article 39 During the qualification examination of the negotiating team, if the members of the negotiating team dispute whether the supplier's qualification meets the requirements, it shall be handled according to the principle that the minority is subordinate to the majority, but it shall not violate the provisions of the government procurement law and the negotiation documents.
If the members of the negotiating team who hold different opinions think that the qualification examination process does not conform to the provisions of the government procurement law or the negotiation documents, they shall promptly report to the financial department at the same level.
Fortieth after the qualification examination, the negotiating team shall issue a qualification examination report to the procurement executing agency to determine the list of suppliers participating in the negotiation. For suppliers that fail to pass the qualification examination, the negotiating team shall explain the reasons in the qualification examination report.
The members of the negotiating team shall sign the qualification examination report for confirmation. If there are different opinions on the process and results of qualification examination, it shall be noted and explained in the qualification examination report. Those who sign without explaining different opinions or reasons shall be regarded as having no opinions. Failure to sign does not affect the validity of the qualification report.
See attachment 1 for the format of qualification report.
Article 41 After the negotiating team issues the qualification examination report, the procurement executing agency shall publish the list of suppliers who have passed the qualification examination and those who have not. When publishing the list of suppliers who failed the qualification examination, the procurement executing agency shall inform the suppliers of the reasons why they failed the qualification examination.
After the announcement on the spot, the procurement executing agency shall announce to the public the list of suppliers who have passed and failed the qualification examination and the reasons for failing the qualification examination in the publicity of the negotiation results.
Forty-second suppliers who have passed the qualification examination are less than three, and this competitive negotiation procurement activity is terminated. The procurement executing agency shall issue a notice to terminate the competitive negotiation according to the provisions of Article 21 of these Measures. Article 43 After the supplier qualification examination is completed, the procurement executing agency shall organize a negotiation team to negotiate with the suppliers who have passed the qualification examination respectively according to the provisions of the negotiation documents. The negotiation order is determined by on-site lottery.
Article 44 During the negotiation, after obtaining the consent of the purchaser, the negotiating team may change the contents of the negotiation documents according to the negotiation situation, notify all the suppliers participating in the negotiation in writing, and make written records.
During the negotiation, the negotiating team can adjust the negotiation rounds according to the negotiation situation.
Article 45 During the negotiation, the supplier may modify its response document according to the negotiation situation, and submit the modified content to the negotiating team in writing. Changes should be part of the response document.
The supplier's written materials should be signed for confirmation, otherwise it will be invalid. If the supplier is a legal person, it shall be signed by its legal representative or agent for confirmation; If the supplier is another organization, it shall be signed and confirmed by its principal responsible person or agent; If the supplier is a natural person, it shall be signed by himself or his agent for confirmation.
Article 46 On the premise that the supplier's response documents meet the procurement requirements and the quality and service are equivalent, the negotiating team shall require the supplier to make a final quotation.
When the supplier's response documents meet or exceed the minimum requirements of the procurement items specified in the negotiation documents, it shall be deemed that the supplier's response documents meet the procurement requirements, and the quality and service are equal.
Article 47 If, after three or more rounds of negotiation, the supplier's response document still fails to meet the minimum requirements of the procurement project specified in the negotiation document, or if the negotiating team discovers or knows that the supplier has violated the law and discipline during the negotiation, the negotiating team shall eliminate the supplier and prohibit him from participating in the final quotation.
If the negotiating team eliminates the supplier, it shall notify the supplier in writing and explain the reasons.
Article 48 When making a final quotation, the supplier shall fill in the quotation outside the negotiation room, seal it and submit it to the staff of the procurement execution agency, who will summarize it and submit it to the negotiation team. The staff of the procurement executing agency cannot unpack the supplier's quotation.
The supplier's quotation needs to be signed for confirmation, otherwise it will be invalid. If the supplier is a legal person, it shall be signed by its legal representative or agent for confirmation; If the supplier is another organization, it shall be signed and confirmed by its principal responsible person or agent; If the supplier is a natural person, it shall be signed by himself or his agent for confirmation.
Article 49 After the negotiation, if the response documents of some suppliers are better than the requirements of the negotiation documents, this cannot be used as the basis for closing a high price, and the negotiating team cannot accept closing a high price.
Fiftieth in the process of negotiation, in any of the following circumstances, negotiation fails:
(1) There are less than three suppliers participating in the negotiations specified in this section;
(2) Suppliers participating in the negotiations specified in this section are eliminated;
(three) after negotiation, the supplier's response documents can not meet the minimum requirements of the procurement project stipulated in the negotiation documents;
(four) the supplier's quotation exceeds the government procurement budget or the maximum price of this procurement project;
(5) Other circumstances in which it is impossible to continue negotiations or reach a deal.
Article 51 After the supplier's quotation is completed, the negotiating team shall sort the supplier's quotation from low to high, and recommend the candidate suppliers for the transaction.
The number of candidate suppliers recommended by the negotiating team is determined according to the negotiation situation and the buyer's demand.
Article 52 After the negotiating team recommends the candidate suppliers for the transaction, it shall issue a negotiation report to the procurement executing agency. The negotiation report shall include the following contents:
(1) A list of suppliers participating in the negotiations;
(2) A list of suppliers participating in the final quotation and quotation;
(three) the minimum requirements of the procurement project as stipulated in the negotiation documents and the relevant information and records to change the contents of the negotiation documents;
(four) the supplier's response documents respond to the minimum requirements of the procurement project stipulated in the negotiation documents, and the relevant materials and records of the supplier's change response documents;
(five) the list of suppliers who did not participate in the final quotation and the reasons;
(six) the recommended trading candidate suppliers, or the suppliers directly determined by the purchaser.
If the purchaser authorizes the negotiating team to directly determine the transaction supplier, the procurement executing agency may directly announce the transaction result. In addition to the provisions of Article 62 of these Measures, the contents of the announcement of transaction results shall also include the following contents:
(a) Supplier's quotation and product name (goods procurement);
(two) the list of suppliers who passed the qualification examination and failed the qualification examination, and the reasons for failing the qualification examination;
(three) the list of suppliers who did not participate in the final quotation and the reasons;
(4) List of members of the negotiating team.
See Annex 2 for the format of negotiation report.
Fifty-third members of the negotiating team shall sign the negotiation report, and if they have different opinions on the negotiation process and results, they shall write them down in the negotiation report and explain the reasons. Those who sign without explaining different opinions or reasons shall be regarded as having no opinions. Failure to sign does not affect the validity of the negotiation report. Article 54 After the negotiation, the procurement executing agency shall announce the negotiation results. The publicity of negotiation results includes the following contents:
(a) the name and quantity of the procurement project;
(2) List of candidate suppliers for this transaction;
(3) Quotations and product names of candidate suppliers (goods procurement);
(four) the list of suppliers who passed the qualification examination and failed the qualification examination, and the reasons for failing the qualification examination;
(five) the list of suppliers who did not participate in the final quotation and the reasons;
(6) List of members of the negotiating team;
(seven) the address, contact person and contact information of the purchaser and the procurement agency;
(eight) other matters that need to be announced.
If the negotiation fails, the specific reasons for the failure shall be explained in the publicity of the negotiation results.
Article 55 The publicity period of negotiation results is 3 working days.
Article 56 During the publicity of the negotiation results, if the supplier disagrees with the negotiation results or finds that the candidate supplier has violated laws and regulations, he may report to the purchaser or the procurement executing agency. Article 57 After the negotiation results are publicized, the procurement executing agency shall send the negotiation report and related materials to the purchaser to determine the transaction supplier.
Article 58 After receiving the negotiation report, the purchaser shall determine the transaction supplier within 3 working days. The purchaser shall determine the candidate supplier with the lowest quotation as the supplier of this transaction.
Article 59 If the purchaser cannot determine the supplier within the specified time due to objective circumstances, he shall explain the situation to all parties and report it to the finance department at the same level for the record. If the purchaser refuses to determine the supplier within the specified time without justifiable reasons, the candidate supplier may report to the finance department at the same level.
Article 60 In the process of determining the clinch a deal supplier, if the purchaser finds that the clinch a deal candidate supplier has one of the following circumstances, it shall not be determined as the clinch a deal supplier:
(1) The candidate suppliers of this transaction have violated laws and regulations;
(2) The candidate supplier of the transaction is determined to be unable to perform the government procurement contract due to force majeure, major changes in the socio-economic situation, bankruptcy, reorganization and other reasons;
(3) The candidate supplier voluntarily abandons the transaction in writing and has no other illegal purpose;
(four) other circumstances that are not suitable for determining suppliers.
In case of any of the circumstances in the first paragraph of this article, the purchaser shall determine the latter candidate supplier as the supplier. And so on. If the supplier cannot be determined, the procurement shall be reorganized.
If the candidate supplier abandons the transaction according to item (3) of the first paragraph of this article, it shall explain the reasons. If the difference between the quotation of the last candidate supplier and its quotation exceeds 15%, the purchaser shall not determine the supplier and reorganize the procurement.
Article 61 In case of any of the circumstances stipulated in Article 60 of these Measures, the purchaser shall explain the reasons in writing and report to the finance department at the same level for the record.
Section 9 Transaction Results
Article 62 After the purchaser determines the transaction supplier, it shall promptly notify the procurement executing agency in writing, and the procurement executing agency shall announce the transaction result. The announcement of transaction results shall include the following contents:
(a) the name and quantity of the procurement project;
(2) List of suppliers who have made the transaction;
(three) the address, contact person and contact information of the purchaser and the procurement agency;
(four) the place, contact person and contact information of the transaction supplier to receive the transaction notice;
(five) other matters that need to be announced.
The announcement period of closing results is not limited.
Article 63 After the announcement of the closing result, the closing supplier shall receive the closing notice in time according to the announcement. If it is necessary to pay the performance bond, it shall be paid to the purchaser in time. If it is difficult for the purchaser to collect the performance bond, he may entrust the procurement executing agency to collect it on his behalf.