Legal analysis: the first situation is to respond to serious natural disasters and other force majeure events implemented by the emergency procurement, including in order to combat natural disasters such as earthquakes, floods, typhoons, geological disasters, and to combat SARS, avian influenza, and other force majeure events such as the need to carry out the construction of road construction, construction of water conservancy facilities, medical equipment purchases and other procurement activities. This type of procurement is not subject to the Government Procurement Law. The purchaser can use the form of direct contracting to sign contracts with construction units or suppliers.
The second situation is urgent procurement that is not a serious natural disaster or other force majeure event, but is unforeseen by the purchaser or not due to the purchaser's delay. The time required for such procurement using tendering cannot meet the urgent needs of the users. In this case, the purchaser should be bidding for the use of competitive negotiations for procurement.
The third situation is the same as the second situation, but there are no three suppliers available. In this case, you can use single-source procurement procurement.
The second and third cases, if the procurement amount reaches the limit of public tender, should be reported to the financial department for approval to implement the procurement.
Legal basis: "Chinese People's *** and State Government Procurement Law" Article 85 of the emergency procurement due to severe natural disasters and other force majeure events and procurement involving national security and secrets, shall not apply to this Law.