Q: Can competitive negotiation be adopted for projects such as engineering design, supervision and construction without bidding?
A:
Of course. The government procurement law and its implementing regulations shall apply to engineering procurement projects that are not subject to tender. Procurement can be conducted through competitive negotiation.
Legal basis:
"Regulations for the Implementation of the Government Procurement Law" Article 7 Where government procurement projects and goods and services related to engineering construction are purchased by bidding, the "People's Republic of China (PRC) Bidding Law" and its implementation regulations shall apply; Other forms of procurement shall be governed by the Government Procurement Law and these Regulations.
Article 3 of the Interim Measures for the Administration of Competitive Negotiation in Government Procurement (Caiku [2014] No.214) can be purchased by competitive negotiation: (5) Construction projects other than those that must be subject to tender according to the Bidding Law and its implementing regulations.
Q: Can the renovation project of 2 million yuan be purchased through competitive negotiation?
A:
Of course. If the estimated price of a single construction contract does not meet the project scale standard that must be tendered, but it meets the project procurement quota standard, the provisions of the government procurement law and the implementation regulations of the government procurement law shall apply. Competitive negotiation, single-source procurement and competitive negotiation can be used for procurement.
Legal basis:
Article 3 of the Interim Measures for the Administration of Competitive Negotiation in Government Procurement (Caiku [2014] No.214) can be purchased by competitive negotiation: (5) Construction projects other than those that must be subject to tender according to the Bidding Law and its implementing regulations.
Q: Can the project bidding planning and design be divided into competitive negotiation procurement?
If a government procurement project is a comprehensive service project with a total investment of more than 4 million, including some secondary services, and one is designed for the whole project, can the planning and design project be purchased first, and the rest can be invited by public bidding? Planning and design belong to the early stage of this project. Is this all right?
A:
If the estimated price of a single contract for planning and design is above the government procurement quota standard and below the open tender amount standard, it can be. For planning and design projects, suppliers participating in bidding and responding shall have the qualifications and corresponding professional and technical personnel stipulated in the Regulations on the Administration of Qualification of Urban and Rural Planning Units and the Regulations on the Administration of Registered Engineers of Survey and Design. Those involved in construction drawing design must be examined, signed and sealed by a design institute qualified for drawing examination before they can be used for construction. Therefore, planning and design projects should not be bundled with other service projects (procurement), so the result can only be consortium bidding, which is more difficult and troublesome to operate. The government needs professional teams and personnel to purchase services. When two or more projects are tied together, the required qualifications and personnel certificates are different, and the charging standards are also different, which brings many difficulties to the compilation, bid evaluation and later implementation of procurement documents. The preparation of departmental budget is a project, which needs to be implemented according to different situations and specific projects.
Legal basis:
"Regulations for the Implementation of the Government Procurement Law" Article 78 The people's government at the county level whose financial management is directly managed by the province may, with the approval of the people's government at the provincial level, exercise the functions and powers of the people's government at the municipal level divided into districts as stipulated in the Government Procurement Law and these Regulations to approve the change of procurement methods.
Q: How many experts do you need to use competitive consultation for the 3.8 million yuan government procurement project?
Government procurement projects below the quota should be invited for bidding, such as government procurement projects of 3.8 million yuan, and competitive consultation should be adopted. How many people does the consulting team need? Is it 4+ 1 or 2+ 1?
A:
The consulting group consists of three or more representatives of the purchaser and experts in odd numbers, but if the amount of the case reaches the standard of public bidding for local government procurement, the consulting group consists of five or more representatives of the purchaser and experts in odd numbers, one of whom is the representative of the purchaser.
Legal basis:
Article 14 of the Interim Measures for the Administration of Competitive Consultation on Government Procurement (Caiku [2014] No.214) The consultative group shall be composed of three or more representatives of the purchaser and review experts, of which the number of review experts shall not be less than two thirds of the total number of members of the consultative group.
For goods or services procurement projects that meet the standard of public bidding amount or government procurement projects that meet the standard of bidding scale, the competitive negotiation team or inquiry team shall be composed of five or more persons as stipulated in the second paragraph of Article 7 of the Measures for the Administration of Non-bidding Procurement Methods of Government Procurement (Decree No.74 of the Ministry of Finance).
Q: What should I do if I find that the qualification examination is wrong after the competitive negotiation of the project?
A:
The purchaser or procurement agency may organize the original consulting group to re-evaluate. If it is determined that there are errors in the original review report after re-review, it shall be corrected. If the transaction results change, the purchaser or procurement agency shall report to the finance department at the corresponding level in writing.
Legal basis:
Article 32 of the Interim Measures for the Administration of Competitive Consultation in Government Procurement (Caiku [2014] No.214) stipulates that the purchaser or procurement agency shall not organize re-evaluation for any reason, except that the qualification examination is wrong, the score calculation is wrong, the sub-item exceeds the scoring standard, the objective score is inconsistent, and the score is unanimously determined by the consultation group as abnormally high or abnormally low. If the purchaser or procurement agency finds that the consulting group has not conducted the review in accordance with the review criteria stipulated in the consultation document, it shall re-launch the procurement activities and report to the finance department at the same level in writing.
Q: Can the average price be used as the benchmark price for competitive negotiation procurement projects?
A:
You can't. If the government procurement project adopts the competitive negotiation procurement method, the comprehensive scoring method is adopted. In the comprehensive scoring method, the price score of goods accounts for 30% to 60% of the total score (i.e. weight). The price score in the comprehensive scoring method is calculated by the low price priority method, that is, the price of the supplier who meets the requirements of the negotiation documents and finally offers the lowest price is the negotiation benchmark price. In the process of project review, the highest and lowest quotations in the final quotation shall not be removed. Therefore, it is not allowed to use the average of the final tender offer of the suppliers participating in the negotiation as the benchmark price.
Legal basis:
The price score in Article 24 of the Interim Measures for the Administration of Competitive Consultation Procurement Methods of Government Procurement (Caiku [2014] No.214) is calculated by the low price priority method, that is, the price of the supplier who meets the requirements of the consultation documents and finally offers the lowest price is the negotiation benchmark price, and its price is divided into full marks.
Q: Is it necessary to adopt the low price priority method in bid evaluation of engineering projects?
A:
Competitive negotiation is adopted in the project, and the price score in the comprehensive scoring method is calculated by the low price priority method.
Legal basis:
Ditto.
Q: Is there a limit to the price score in the competitive negotiation of engineering decoration procurement projects?
Is there a score limit for government procurement and competitive negotiation quotation of engineering decoration procurement projects? According to the Interim Measures for the Administration of Competitive Consultation Procurement Mode of Government Procurement (Caiku [2014] No.214), the price of goods accounts for 30% to 60% of the total score, and the price of services accounts for 10% to 30% of the total score. You didn't say engineering, so can you tell me how many projects you want?
A:
In previous successful cases, most purchasers or procurement agencies have achieved good results by referring to the proportion (i.e. weight) of the price score of goods items to the total score (i.e. 30%) stipulated in Article 24 of the Interim Measures for the Administration of Procurement Methods through Competitive Consultation in Government Procurement (Caiku [2014] No.214), which has been recognized by all parties. Where there are provisions in the local financial department, such provisions shall prevail; You can also refer to the bid evaluation factors and price weights in the Measures for Bidding and Evaluation of Housing Construction and Municipal Infrastructure Construction in a Province formulated by the local Department of Housing and Urban-Rural Development.
Legal basis:
Ditto.
Q: Is there a limit to the proportion of price points in the competitive negotiation of small projects?
A:
The price score of goods can be set with reference to the comprehensive scoring method of competitive negotiation: the proportion (i.e. weight) of the total score is 30% to 60%, and the proportion (i.e. weight) of the price score of service items is 10% to 30%. If there are different purchasing objects in a purchasing project, the purchasing object with the highest proportion of project funds shall determine its project attributes. In the procurement target of this project, if the price ratio of materials and equipment is the highest, 30% shall be taken as the lower limit of price review; If the proportion of labor costs (including construction and management labor costs) is the highest, the lower limit of price evaluation can be 10%. Usually, in the budget proportion of construction projects, materials and equipment will exceed 50%, and the proportion in labor (labor), materials (materials) and machinery (machinery) should be the highest.
Legal basis:
The third paragraph of Article 24 of the Interim Measures for the Administration of Competitive Consultation Procurement Mode of Government Procurement (Caiku [2065438+04] No.214) adopts the comprehensive scoring method. The commodity price score accounts for 30% to 60% of the total score, and the service price score accounts for 10% of the total score. If there are different purchasing objects in a purchasing project, the purchasing object with the highest proportion of project funds shall determine its project attributes. In line with the provisions of the third paragraph of this approach and the implementation of a unified price standard, the price is not listed as a scoring factor. In special circumstances, it is necessary to set the weight of price distribution beyond the above provisions, which shall be approved by the financial department of the people's government at the corresponding level.