"Thirty-eighth competitive negotiation procurement shall 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. "
Competitive negotiation procedure
I. Signing the entrustment agreement
The purchaser shall sign an entrustment agreement with the centralized government procurement agency or the government procurement agency (hereinafter referred to as the agency) according to the government procurement plan task book issued by the government procurement supervision and management department and the approved government procurement method, and entrust it to handle the competitive negotiation of government procurement.
Second, set up a negotiating team.
Under the supervision of the government procurement supervision and management department, the agency randomly selects experts from the government procurement bid evaluation expert database to form a negotiating team. The negotiating team consists of three or more representatives of the purchaser and economic and technical experts, and the number of experts shall not be less than two-thirds of the total number of members. When the expert database can't meet the demand, the purchaser and the agency can recommend candidates from outside the expert database according to the ratio of 3: 1, and the recommended candidates are selected from the negotiation experts after being audited by the government procurement supervision and management department.
If the negotiators have an interest in the government procurement project, the government procurement supervision and management department, institution or purchaser may ask the relevant negotiators to withdraw.
Three. Preparation of negotiation documents
The purchaser provides the agency with detailed information such as procurement project requirements and technical parameters, and the agency prepares negotiation documents according to the government procurement planning letter, entrustment agreement and relevant information. The negotiation documents shall include the instructions for negotiation, the deadline, place, negotiation requirements, technical requirements, methods for determining the negotiation sequence, negotiation procedures, trading standards, etc. , and provides the methods and standards to ensure the equality of procurement requirements, quality and service.
The agency will send the negotiation documents to the negotiating team for review. The negotiating team examines whether there are discriminatory clauses or unreasonable conditions in the business, technology and service requirements in the negotiation documents, and whether there are more than three potential bidders participating in the competition. The negotiating team will issue a written report after the review. After the negotiation team proposes amendments, the agency will modify the negotiation documents.
The agency will send the negotiation documents to the purchaser for confirmation, and the purchaser will sign the confirmation opinions on the negotiation documents after review.
Four. Filing of negotiation documents
The agency shall report the negotiation documents confirmed by the purchaser to the government procurement supervision and management department for the record 2 working days before the announcement of competitive negotiation. When the government procurement supervision and management department finds that the relevant contents in the negotiation documents do not conform to the policy, fairness and accuracy, or have obvious tendency and exclusion, and the evaluation criteria are not clearly defined, it puts forward written amendments to the agency, and the agency negotiates with the purchaser to amend the negotiation documents, and then reports them to the government procurement supervision and management department for the record.
Verb (abbreviation of verb) competitive negotiation announcement
After the negotiation documents are filed, the agency will publish a competitive negotiation announcement on the government procurement information release media designated by the financial department of the people's government at or above the provincial level, and announce the requirements of the negotiation project, supplier qualification, qualification examination content, date and place, etc. , and the announcement time shall not be less than 5 working days.
Six, determine the list of suppliers invited to participate in the negotiations.
Respond to the supplier's required qualification certification materials and accept the qualification examination at the specified time and place. The qualification examination process shall be recorded by the personnel designated by the agency and filed for future reference.
The negotiating team will review the qualifications of the responding suppliers. Determine not less than 3 suppliers from suppliers with corresponding qualifications to participate in the negotiation. After the qualification examination, if there are less than three suppliers who meet the qualification requirements, the negotiation activities will stop. The purchaser adjusts the supplier qualification conditions or procurement requirements, puts forward a new procurement plan, and the agency reorganizes the negotiation activities.
The agency provides negotiation documents to qualified suppliers. It shall be no less than 5 days from the date of issuance of negotiation documents to the deadline for submission of response documents by responding suppliers.
Seven. Change of negotiation time
If the agency needs to change the negotiation time, it shall notify all the recipients of the negotiation documents in writing two days before the deadline for submitting the response documents.
Eight, submit the response file
The supplier shall prepare the response documents according to the requirements of the negotiation documents, and seal and deliver the response documents at the time and place specified in the negotiation documents.
After receiving the reply document, the agency shall sign and keep it.
Before the deadline for submission of response documents, the supplier may supplement or withdraw the submitted response documents and notify the organization in writing.
Nine. Negotiation preparation
The agency shall organize the negotiation according to the time and place specified in the negotiation documents. Government procurement supervision and management departments and relevant departments may, as appropriate, go to the site to supervise the negotiation activities.
The responding supplier shall check the sealing condition of the response document at the negotiation site and sign for confirmation. The organization opens the response document, and the negotiating team verifies the identity of the representative or authorized person of each responding supplier. If the identity of the representative or authorized person of the responding supplier is inconsistent with the response document, and the response document is not stamped with the official seal as required, the negotiating team has the right to refuse the responding supplier to participate in this negotiation. Before the negotiation, the organization shall not publish the quotation of each responding supplier.
After compliance inspection, if there are less than three qualified response suppliers, or if there are less than three response suppliers before the deadline, the negotiation activities will be terminated and the negotiation will be reorganized after being reported to the government procurement supervision and management department for the record.
The representative or authorized person of the responding supplier shall decide the negotiation order by drawing lots or submitting negotiation documents in chronological order.
The agency announced the negotiation discipline and working rules, and issued them to negotiators for compliance. Negotiators sign the Letter of Commitment for Bid Evaluation Experts of Government Procurement Projects and elect the leader of the negotiating team.
The negotiating team read and compared the qualified response documents, and got a preliminary understanding of the characteristics of the response plan of the responding suppliers, so as to prepare for the negotiations.
X. negotiation
(1) The first round of negotiations
According to the established negotiation sequence, the negotiating team negotiates with a single supplier on the requirements, quality and service to meet the procurement requirements, and understands the composition of its quotation.
During the negotiation, neither party shall disclose the technical data, prices and other information of other suppliers related to the negotiation.
The agency records the negotiation process and important negotiation contents, and both parties sign the records for confirmation.
If the negotiating team unanimously determines that the responding suppliers meet the requirements of the negotiation documents, the trading candidates shall be determined according to the methods and standards determined in the negotiation documents. In the first round of negotiations, if the negotiating team can determine the candidate for the transaction, the negotiation documents should be revised for the second round of negotiations.
(2) Revision of negotiation documents
After the first round of negotiations, the negotiating team held a collegial meeting. According to the first round of negotiations, the negotiation documents can be modified to determine the detailed specifications or specific requirements of the procurement content and optimize the procurement plan.
The agency will notify the responding supplier of the concentration, and the negotiating team will emphasize the adjusted procurement requirements and notify the responding supplier of the revised negotiation documents in writing, so as to provide the responding supplier with sufficient time for revision.
In response to the supplier's written notice to modify the negotiation document according to the first round of negotiation, the original response document is modified, and the modified document is signed (sealed) and sent to the negotiation team in a sealed manner. Failing to deliver within the time limit shall be regarded as giving up the negotiation. The revised document and the response document have the same legal effect.
(3) the second round of negotiations
The negotiating team negotiates the revised response documents with the responding suppliers respectively. The agency records the negotiation process and contents, and both parties sign the records for confirmation. The negotiating team shall determine the trading candidates according to the methods and standards determined in the negotiation documents.
If the negotiating team of the second round of negotiations fails to determine the trading candidates, the negotiating documents of the third round of negotiations shall be revised. And so on.
(4) Final offer
The final candidate puts forward the final offer and submits it to the negotiation team in a sealed manner. The negotiating team sorts the quotations from low to high, recommends the candidates for the transaction, and forms a negotiation report.
If the supplier's quotation exceeds the government procurement budget and the purchaser cannot pay it, the negotiation activities shall be terminated; After the termination, if the purchaser needs to adjust the procurement budget or project allocation standard, or adopt other procurement methods, it shall be approved by the government procurement supervision and management department before the procurement activities begin.
The negotiation process shall be recorded by the personnel designated by the institution and filed for future reference.
XI. Identify suppliers.
After the negotiation, the agent will send the negotiation report to the buyer. After receiving the negotiation report, the purchaser shall determine the supplier according to the candidates recommended in the negotiation report and the principle of lowest quotation, or authorize the negotiation team to directly determine the supplier in advance. If the purchaser fails to give a written reply within 5 working days, the agency may determine the first trading candidate as the trading supplier.
Twelve. Announce the deal.
After the supplier is confirmed, the agency will announce it in the designated media of government procurement for 7 working days.
13. Issue a notice of transaction.
At the same time as the transaction announcement is issued, the institution issues a transaction notice to the supplier. And notify all unsuccessful suppliers of the transaction results.
After the written notice is issued, if the purchaser changes the transaction result and the winning supplier abandons the transaction, it shall bear corresponding legal responsibilities.
During the announcement period of the transaction, if the supplier has doubts about the transaction results and negotiation process, the agency and the government procurement supervision and management department shall accept, reply and deal with them in accordance with the procedures for questioning and complaining about government procurement.
Fourteen, negotiation data for the record
The agency shall, within 3 working days after the formation of the negotiation report, submit the negotiation report, negotiation expert evaluation form, government procurement evaluation expert feedback form, etc. Record with the government procurement supervision and management department.