Competitive negotiation operation process article 1
Usually, the centralized purchasing agency in the use of competitive negotiation method of purchasing units to implement the government procurement, the five-step process can be summarized into two stages to carry out, that is, the preparatory stage before the negotiations and the negotiation stage.
(a) the pre-preparation stage. In the preparatory stage, attention should be paid to the following tasks: First, from the capital, technology, production, market and other aspects, do a good job of the procurement project for a comprehensive analysis of all aspects, including budget analysis, demand analysis, production analysis, market analysis, risk analysis. Secondly, we should formulate the final program of project procurement and determine the project procurement list according to the comprehensive analysis. Third, according to the project analysis and the list of procurement projects, prepare the invitation letter for competitive negotiation. Fourth, to produce competitive negotiation documents. Fifth, to invite suppliers to participate in the negotiations. Sixth, pre-qualification of suppliers participating in the negotiations. Seventh, based on the qualification examination, the list of suppliers participating in the negotiation is determined and the competitive negotiation documents are issued to them. Eight is to set up a negotiation team composed of technical experts, representatives of the procurement unit and relevant parties. Nine is to determine the staff according to the needs of the negotiation work. Ten is to invite the relevant departments, such as supervisory organs, notary publics to monitor the negotiation process.
In the preparatory stage of the negotiations, the need to pay attention to the following issues: First, compared with the open bidding method of procurement, competitive negotiation has a strong subjectivity, the evaluation process is also difficult to control, which is likely to lead to unfair trade, and even corruption, therefore, it is necessary to apply the conditions of this mode of procurement to be strictly limited and the negotiation process under strict control. Secondly, in the negotiation team, the list of experts is determined by random selection, and the list of the negotiation team should be kept strictly confidential before the start of the negotiation. Third, the composition of the negotiation team shall be determined in accordance with the characteristics of the procurement project, combined with the overall situation of the experts, and pay attention to the professional structure should be reasonable, the level of knowledge and comprehensive quality should be comparable. Fourth, after the completion of the production of negotiation documents, in the form of a formal official letter or document countersigning form to seek the views of the procurement unit, in the procurement unit review and confirmation before the formal production is considered complete. Fifth, the governing body of the negotiation documents such as there are provisions for the record, but also the negotiation documents sent to the governing body for the record. Sixth, the pre-qualification of suppliers is mainly from the basic qualifications and professional qualifications of the two aspects of the pre-qualification, review of the standards are mainly in accordance with the standards set out in the negotiation documents.
(ii) the negotiation stage. In the negotiation stage, the work should be done mainly: First, after the deadline for the submission of quotation documents, at the specified time and place of the public quotation ceremony, the suppliers submitted quotation documents in the quotation form for public quotation. Second, after the public offer, the negotiation team shall review the offer documents submitted by each negotiating party to determine the validity of the negotiating party's qualifications, and after the review, the list of suppliers entering the negotiation stage shall be determined. Fourth, the negotiating team and the negotiating parties on the technical program negotiations, technical negotiations, to determine the next round of negotiations that is the list of suppliers of business negotiations; sixth, the negotiating team and the negotiating parties on the business program negotiations, business negotiations, to determine the final commitment to enter the final offer of the list of suppliers. Seventh, the organization's technical and commercial programs are in line with the requirements of the negotiating parties for the final commitment to the offer, the final commitment to the end of the offer, the negotiating team to the final commitment to the offer for a comprehensive review. Eight, after the final commitment offer for comprehensive evaluation, assessment, and summarize the results of the comprehensive evaluation, and finally by the negotiation team to issue the final negotiation results, recommended pre-transaction party. Nine, the centralized purchasing agency according to the negotiation results report issued by the negotiation team and determine the views of the transaction, a comprehensive review of the relevant information, to determine the final transaction unit, and to the transaction results issued to the party notification. Ten is the organization of supply and demand parties to sign the procurement contract.
In the negotiation stage, the need to pay attention to the following issues: First, in the entire negotiation process, in addition to the public offer, should be completely closed in the negotiation room, in the negotiation before the end of the negotiations should be cut off all members of the negotiating team and all outside contact; negotiation process, members of the negotiating team shall not be alone with the procurement unit or supplier contact, without consent shall not be purchasing units and suppliers for the Visit or inspection; negotiating team should work independently, without outside interference; negotiating team should implement collective responsibility, when members of the negotiating team on certain matters or decisions divergence of opinion, can be dealt with according to the approach of the minority to the majority, or the implementation of democratic centralized approach, the head of the negotiating team to focus on the majority of the members of the views of the decision on the matter. Second, in the negotiation process, to master the negotiation skills and proportion; negotiation team, members should have a clear division of labor, in the negotiation process, pay attention to the arrangement of the seat, more attention should be paid to the role of the cooperation, at the same time, should also pay attention to mastering the negotiation skills, negotiation process and negotiation of the overall rhythm. Third, specific issues should be specifically analyzed, in the whole negotiation process, can be more than one round of technical negotiations and business negotiations, the specific number of negotiation team according to the specific circumstances to determine, can also be technical negotiations and business negotiations into a phase synchronized. But no matter which way, should ensure that each supplier participating in the negotiation can get the same number of negotiation opportunities, fourth, pay attention to the validity of the negotiating party negotiating representatives of the qualifications, that is, the negotiating party to participate in the negotiation of the representative shall be its legal representative or legal person authorized to delegate, such as legal person authorized to delegate to participate in the negotiation, the negotiation team must be issued to the legal person authorized letter of authorization. Fifth, we should pay attention to the accuracy of the use of laws and regulations, the entire negotiation process should be strictly based on the provisions of laws and regulations. Not only to comply with the "Government Procurement Law" on the specific provisions of the competitive negotiations, should also pay attention to comply with the other provisions of this law, but also pay attention to comply with other relevant laws and regulations. The law does not explicitly do not do, the law has explicit provisions, not only to do the subject of legal, legal entities, but also to achieve procedural legality. Sixth, we must pay attention to determine the success of the supplier shall have three conditions, that is, in line with the procurement needs, quality and service equal and lowest price, these three conditions must be available at the same time, one cannot be missing. At the same time, in the implementation of the entire negotiation activities, we must pay attention to the integrity of the procurement documents, all the procurement process at every stage (including the preparatory stage, the negotiation stage) should have a detailed written record of all types of attachments and personal signature procedures, the unit seal must be complete. In addition, because the centralized purchasing agency to often implement competitive negotiations, can be negotiation documents, invitation letters and various stages of the use of documents, forms, reports, as well as related procedures, work discipline, precautions, etc., made into a common standard format or model documents, in order to reduce the workload and improve work efficiency.
Competitive Negotiation Operation Process Part 2
1 Establishment of Negotiation Team
The negotiation team consists of representatives of the purchaser and relevant experts *** more than three odd, of which the number of experts shall not be less than two-thirds of the total number of members, of which the experts should be engaged in the relevant field of work for more than 8 years, with undergraduate education and above, a senior technical title or have the same level of professionalism. The experts shall be engaged in the relevant field for more than 8 years, with bachelor degree or above, senior technical title or equivalent professional level. If necessary, the purchaser from the relevant government departments to determine the formation of the expert pool.
Procurement personnel, negotiation team personnel and related staff who have an interest in the supplier shall recuse themselves.
2 Preparation of negotiation documents
Negotiation documents should specify the negotiation process, the content of the negotiations, the terms of the draft contract and the evaluation of the transaction criteria and other matters.
3 Invitation to Negotiation Suppliers
From the list of suppliers meeting the appropriate qualifications, no fewer than three suppliers shall be identified to participate in the negotiations, and an invitation to negotiations shall be issued to them.
4 Issuance of negotiation documents
Negotiation documents are issued to the invited negotiation suppliers.
5 Receipt of Negotiation Application Documents
Receipt of Negotiation Application Documents submitted before the application deadline.
6 Negotiations
The negotiating team negotiates with suppliers on a case-by-case basis. During the negotiations, neither party shall disclose technical data, prices and other information of other suppliers relevant to the negotiations.
7 Final Offers
At the end of the negotiations, all suppliers participating in the negotiations will be asked to make final offers within a specified period of time.
8 Evaluation report
The negotiation team completes the written evaluation report, determines the list of successful candidates and matters to be noted for signing the contract.
9 Determination of the closing supplier
The purchaser determines the closing supplier from the closing candidates proposed by the negotiation team. If it is a government procurement project, the purchaser shall determine the successful supplier according to the principle of meeting the procurement requirements, equal quality and service and the lowest quotation, issue the notification of the transaction, and notify all the unsuccessful suppliers participating in the negotiations of the result.
10 Contract Signing
The purchaser within thirty days of the issuance of the notification of the transaction, in accordance with the matters identified in the procurement documents and the successful supplier to sign a written contract.
11 Contract filing
If necessary, the purchaser and the successful supplier signed the contract within seven working days after the completion of the contract, the copy of the procurement contract will be reported to the administrative supervisory body for the record.
Government Procurement Center Competitive Negotiation Procedures
I. Acceptance of the commission
Panzhihua Municipal Government Procurement Center (hereinafter referred to as?). Procurement Center?) Received the "Panzhihua Municipal Government Procurement Plan Declaration Form" for the following matters:
(a) According to the "Government Procurement Law", "Government Procurement of Goods and Services Bidding Management Law" and other laws and regulations and the government announced the annual government centralized purchasing directory and limit standards and other relevant provisions, commissioned by the buyer, the Procurement Center to determine the project number of the competitive negotiation and the person in charge of the project bidding system.
(ii) signed after consultation with the purchaser of the annual commissioning agreement, special circumstances can also be signed separately. Entrusted agent agreement should specify the procurement project, procurement quantity, procurement amount, procurement time frame, procurement method and the agreement performance place and so on.
Second, the validation of the information provided by the purchaser
(a) the purchaser of the procurement price, specifications and technical requirements and other related matters of market research or demonstration, fill in the procurement project supplier qualification requirements and equipment technical parameters of the demand table, to the procurement center to provide a detailed, accurate, complete and feasible procurement requirements, procurement plan approval and other related information. Procurement requirements must include: bidder qualifications, business terms, technical requirements and procurement budget.
(b) The content of the procurement requirements provided should be in line with government procurement policies, national industry regulations and technical specifications, national safety standards and mandatory standards, and shall not provide for the following:
1, with unreasonable registered capital, sales performance, and qualifications (including
special authorization terms) and other terms of potential suppliers to discriminate against or differentiate between them; <
2, set restrictions, exclusion of potential suppliers of commercial and technical terms;
3, a brand-specific technical indicators as technical requirements;
4, other provisions contrary to fair competition.
(C) receipt of procurement information provided by the purchaser within three working days, the person in charge of the Procurement Center project bidding system should be timely review of the information provided by the purchaser (list of goods, detailed technical parameters and performance requirements, supplier qualifications, payment methods, project implementation requirements, after-sales service requirements, etc.), and found that there are obvious errors or with obvious exclusionary, tendency clauses and other illegal content In the event that the purchaser consults with the purchaser and corrects it in accordance with the law, the purchaser shall confirm (signed by the operator and stamped with the official seal of the organization). If the purchaser is not corrected, it must be promptly reported to the financial sector at the same level.
Third, the preparation of bidding documents
The person in charge of the project bidding system should be based on the needs and characteristics of the procurement project, in order to do a good job in the project in earnest on the basis of the preparatory work (including market research, etc.), in accordance with the determination of the procurement method of production of project-specific negotiation of bidding documents (including negotiation announcements) the first draft.
Negotiation bidding documents include:
(a) tender notice;
(b) competitive negotiation instructions;
(c) bidding content and technical requirements;
(d) negotiation principles and procedures;
(e) scoring criteria;
(f) the main terms of the contract;
(VII) the format of the tender documents, etc..
Fourth, for comments
Procurement documents in public release or sale before, in principle, should be in Sichuan government procurement online public consultation with potential suppliers or consulting experts. Online for comments, the time is generally not less than three working days. Solicited expert or supplier opinions should be archived with other procurement documents.
Fifth, tender review, issuance, filing
Negotiation documents (including tender notices) the first draft of the first internal review, to the purchaser to confirm (signed, stamped), issued by the Procurement Center, and at the same time reported to the same level of the financial sector for the record.
Six, issued a tender notice
Procurement Center in Sichuan Government Procurement Network issued a competitive negotiation bulletin, the negotiation documents on sale generally shall not be less than five working days, the procurement documents from the date of publication of the announcement to the deadline for bidding generally shall not be less than seven working days.
VII, Q&A, clarification and correction
If the bidding announcement, the bidding documents specified in the Q&A and clarification of the deadline, there are suppliers of the bidding project involves technical indicators, parameters, etc.
In the objections to the written form, the reply to the Q&A must be in writing, the reply must be in accordance with the relevant laws and regulations. If the objections raised are correct and reasonable, after confirmation by the purchaser and the procurement team, the bidding documents shall be revised by the person in charge of the project bidding system and a correction notice shall be issued on the Sichuan Government Procurement website, and all the registered suppliers shall be notified in writing at the same time. (If the relevant parameters or matters of the issued procurement documents are corrected due to the reasons of the purchaser or the procurement center, the operation of issuing a correction notice is the same as above)
Eight, the formation of negotiation expert group
(a) The procurement center shall form a negotiation expert group in accordance with the law.
(b) Negotiation expert group consists of representatives of the purchaser and experts in the relevant fields of the project, the members are three or more than three people singular, of which the number of experts shall not be less than two-thirds of the total number of members.
(c) The negotiation expert team is formed in principle within 1 working day before the opening of the tender, in which the expert members are randomly selected by the purchaser from the government procurement expert database established by the finance department at the same level to determine. Negotiation expert panel list should be confidential before the winning bid results are determined.
(d) Matters involving the generation and management of negotiation experts, etc., by the same level of the financial sector is responsible for, including the approval of special procurement projects directly determine the expert members and other matters.
(e) The purchaser's representative is assigned in writing by the purchaser to serve as a person, the purchaser's disciplinary inspection (supervision) representative or representative of the relevant departments to attend with. Procurer's representative shall not serve as the negotiation expert team leader.
IX. Acceptance of bids
(a) suppliers in accordance with the requirements of the bidding documents, the preparation of bidding documents, in the bidding documents at the time and place specified in the bidding documents will be sealed and delivered, and pay the bid deposit.
(ii) The supplier shall become a valid bidder for the tender after registration and submission of the bidding documents, and may exercise the legal rights of the bidder and fulfill the responsibilities and obligations due to the bidder.
(c) The Procurement Center shall accept the submission of sealed bidding documents from the bidders before the bidding place and deadline specified in the bidding documents. Documents submitted after the bidding deadline specified in the bidding documents shall not be accepted.
X. Bid Opening
(A) Pre-meeting Preparation
1. The Purchasing Center identifies a project bidding person and two staff members to attend the bidding meeting.
2, the procurement center 1 day in advance to notify the financial, monitoring and other departments to send people to attend the negotiation bidding meeting. If the financial, monitoring and other departments do not send people to participate, the procurement center staff to make a record of the reasons.
3, the procurement center staff 30 minutes in advance to the opening of the bidding site, the admission registration form (stamped) sent to the municipal public **** resources trading center for the record. Municipal public **** resources trading center to determine the announcement of the opening of bids, negotiations on the procurement project opening room, registration point, and release the bidding documents submitted to the location and deadline and other information.
4, before the opening of bids, the staff of the procurement center should be together with the staff of the Municipal Public **** Resource Transaction Center, to check whether the projector in the bid opening room is working properly, check the accuracy of the electronic clock, check the podium hosts, supervisory departments, recorders of the seating cards and meeting signs, etc., and supervisors in place to set up the situation. Timely get the supervisor's card, agent's card and purchaser's representative's card from the staff of the Municipal Public *** Resource Transaction Center, and be responsible for distributing them to the corresponding personnel. At the same time, receive the bidders and other relevant personnel, and do a good job of signing in and signing receipt of bidding documents and so on.
5, the city public **** resources trading center staff 10 minutes in advance to the expert evaluation room, do a good job of expert reception and sign-in and other related work.
6, the negotiation experts arrive, with a cell phone text message or valid identification into the evaluation area waiting room rest. To be assessed by the experts to arrive, by the procurement center staff, supervisors on the spot to unseal the "Sichuan Provincial Government Procurement Assessment Expert Extraction Results Record Sheet". Procurement center staff to check the identity of the evaluation experts, after confirming that there is no error, in the expert group has been formed to elect an expert as a team leader, urging the experts to sign the "Panzhihua Municipal Government Procurement Evaluation Experts Commitment". Municipal public **** resources trading center staff to the evaluation of experts issued locker key, evaluation of experts must carry communication tools and personal belongings stored in the locker, and then enter the negotiation site.
If more than 3 suppliers sign in to participate in the bidding, competitive bidding negotiations can be organized. If there are less than 3 suppliers participating in the bidding, the bidding negotiations are suspended and the situation is promptly reported to the financial sector at the same level.
(ii) the organization of the bid opening meeting
1, the purchasing center meeting moderator announced the start of the negotiation meeting, introduced to participate in
this government procurement competitive negotiation moderator, supervisory personnel, negotiation expert team members, staff and suppliers, as well as the negotiation principles and methods, the winning conditions, and other matters; the supplier can be on the spot to the above whether the need to recuse themselves from the proposed Opinions, the Procurement Center on the proposed need to be recused to verify the confirmation of the personnel, the personnel must be recused.
2, the opening of the bidding, can be agreed by the first three bidders submit bidding documents authorized representative, as all the bidders elected representative of the sealing of all the bidding documents for inspection. No objection after the supplier's signature to recognize.
3. The moderator uses a lottery to determine the order of participating suppliers' representatives or authorized persons entrusted with the public offer. No objection to the supplier's signature to recognize.
4, the supplier withdrew and waited for expert negotiations. Waiting period, supplier communications must remain open.
XI, the organization and implementation of the negotiations
(a) pre-negotiation preparations
1, the procurement center staff on the spot to unseal the bidding documents, negotiation expert team to verify the identity of each participating supplier representative or delegated authorizer. Participating supplier representatives or delegated authorizer identity does not match the bidding documents, or bidding documents are not stamped as required, the negotiation expert team has the right to refuse the supplier to participate in this negotiation. Before the negotiation, the procurement center shall not publish the offer of each participating supplier.
After the conformity check, when there are less than 3 qualified suppliers, the presiding officer of the meeting will announce the termination of the negotiation activities and report the situation to the financial department at the same level in a timely manner. If the number of qualified suppliers reaches three or more, the next program.
2. Negotiation expert group to read and compare the qualified bidding documents, a preliminary understanding of the characteristics of each bidding supplier's response program, ready for negotiations.
(2) the first round of negotiations
Negotiation expert team in accordance with the established order of negotiations, and a single supplier respectively, on will be the procurement needs, quality and service, and understand the composition of their offers.
During the negotiations, no party to the negotiations shall disclose technical data, prices and other information of other suppliers relevant to the negotiations.
If the negotiation expert group unanimously determines that the supplier meets the requirements of the negotiation document, it will determine the candidates for the transaction in accordance with the methods and criteria set out in the negotiation document. In the first round of negotiations, the negotiation expert group failed to determine the candidate for the transaction, the negotiation documents to amend the second round of negotiations.
(C) amendment of negotiation documents
After the first round of negotiations, the negotiation expert group to discuss. According to the first round of negotiations to grasp the situation, the negotiation documents can be amended to determine the detailed specifications or specific requirements of the procurement content, optimize the procurement program.
Procurement Center staff notify the suppliers to focus on the negotiation expert group to adjust the revised procurement requirements in writing to the suppliers, to provide suppliers with a more adequate time to amend.
Participating suppliers according to the first round of negotiations and negotiation documents to amend the written notice of amendments to the original tender documents, and amendments to the documents signed (or stamped) and sealed to the negotiation expert group. Failure to do so after the deadline is deemed to be a waiver of the negotiations. Amendment documents and the original bidding documents have the same legal effect.
(D) the second round of negotiations
Negotiation expert group on the amended bidding documents and suppliers responding to the bidding were negotiated, according to the negotiation documents to determine the methods and standards set by the candidates for the transaction.
The second round of negotiations failed to determine the candidates for the transaction, the negotiation expert group on the negotiation documents again to amend the third round of negotiations. And so on.
(E) determine the results of negotiations
After the negotiations, the negotiation expert group shall require all suppliers to participate in the negotiations within the specified time for the final offer, sealed and submitted to the negotiation expert group.
The negotiation expert panel shall determine the supplier of the transaction based on the principle of meeting the procurement requirements, equal quality and service, and the lowest quotation.
If the quotes of participating suppliers are more than the government procurement budget, the purchaser can not pay, the negotiation activities are terminated; after the termination, the purchaser needs to take the adjustment of the procurement budget or project configuration and other criteria, or to take other procurement methods, it should be approved by the same level of the financial sector before the start of procurement activities.
The negotiation expert team must write a complete negotiation report, signed by all negotiation expert team members and supervisors to confirm the validity.
The negotiation process by the Procurement Center to designate a person responsible for recording, and archived for inspection.
XII, issued by the winning announcement
After the negotiation expert panel confirmed the winning supplier according to law, the Procurement Center on the next
day in the Sichuan Government Procurement Network issued the winning announcement, the announcement period of seven working days.
Thirteen, the acceptance of procurement challenges (non-mandatory process)
Bidders have questioned during the announcement period, in accordance with the "People's Republic of China *** and the State Government Procurement Law" and "Sichuan Government Procurement Supplier Challenges Handling Measures" provisions of the treatment.
XIV. Issuance of the Notice of Award
After the expiration of the period of public notice of the award, the parties have no objection to the selection results or objection to the evidence is not established, the Procurement Center in writing to the winning supplier to issue a "Notice of Award".
XV. Refund of Supplier Security Deposit
The Purchasing Center shall refund the security deposit of the unsuccessful supplier within 5 working days after the issuance of the Notice of Award; and the security deposit of the successful supplier shall be refunded within 5 working days after the fulfillment of the procurement contract.
XVI, coordination of contract performance (non-required procedures)
The purchaser and the winning supplier in the performance of the government procurement contract disputes or disputes shall be resolved in accordance with the matters identified in the procurement documents and the agreement of the procurement contract in accordance with the law. It may also be coordinated by the Procurement Center with the consent of both parties. The content and results of the coordination of the procurement center shall not be contrary to the provisions of laws and regulations, and shall not exceed or change the substantive terms of the procurement documents and the procurement contract agreement.
The coordination failed or found that the contract performance process in violation of laws and regulations, the procurement center shall promptly report to the financial sector at the same level.
XVII, issued a letter of appropriation
The purchaser must be in accordance with the quality requirements set out in the procurement contract, acceptance criteria and methods of acceptance of the supplier's performance of the organization, and to the procurement center to submit a "Government Procurement Acceptance Sheet" (signed by the person in charge and stamped with the official seal of the unit). The Procurement Center receives the "Government Procurement Acceptance Form" submitted by the purchaser, and then issues a "Letter of Allocation" to the purchaser.
XVIII, data archiving
Within 7 days after the end of the procurement work, the Procurement Center, the person in charge of the project bid-making and the person in charge of the project bidding and the staff shall file all the relevant documents and information in a timely manner in accordance with the provisions of the "Government Procurement Project Files Management System of the Panzhihua Municipal Organs Affairs Administration".