Avoid vicious competition and advocate value for money.
Competitive negotiation procurement means that the purchaser and the government procurement agency negotiate with qualified suppliers on the procurement of goods, projects and services through the establishment of a competitive consultation group (hereinafter referred to as the consultation group), and the suppliers submit response documents and quotations according to the requirements of the consultation documents, and the purchaser determines the procurement method of the clinched supplier from the list of candidate suppliers put forward after the evaluation of the consultation group.
The government procurement methods stipulated in China's government procurement law include: open tender, invitation to tender, competitive negotiation, single-source procurement, inquiry and other procurement methods recognized by the State Council government procurement supervision and management department.
It is understood that competitive negotiation and competitive negotiation are both related and different in process design and specific rules. That is, in the stage of "defining procurement requirements", the requirements of both parties on procurement procedures, supplier source methods, consultation or negotiation announcement requirements, response documents requirements, and composition of consultation or negotiation teams are basically the same; In the stage of "competitive quotation", competitive negotiation adopts "comprehensive scoring method" similar to open bidding, which is different from "lowest price transaction" in competitive negotiation.
Five situations apply to competitive negotiation procurement.
The "Measures for Soliciting Opinions" stipulates five applicable situations: first, the government purchases service projects; Second, the technology is complex or special, and it is impossible to determine the detailed specifications or specific requirements; Third, because it is impossible to determine the time and quantity of art procurement, patents, proprietary technology or services in advance, the total price cannot be calculated in advance; Fourth, scientific research projects with insufficient market competition and scientific and technological achievements transformation projects that need support; Fifth, construction projects other than bidding must be carried out in accordance with the bidding law and its implementation regulations.
Generally speaking, competitive negotiation procurement will have high operability and applicability in government procurement of services, PPP, scientific and technological innovation support, and special equipment with complex technology.
The buyer shall not participate in the examination of this department.
Ensuring fair competition in government procurement and achieving value for money are the key clauses of the Consultation Measures and the focus of attention from all walks of life. According to the consulting method, the consulting group consists of an odd number of more than 3 representatives of the purchaser and experts, of which the number of experts shall not be less than two-thirds of the total number of members of the consulting group. The purchaser's representative shall not participate in the evaluation of the procurement projects of the department or the unit as an evaluation expert. Personnel of a procurement agency shall not participate in the evaluation of procurement projects represented by this agency.
The members of the advisory group shall conduct independent evaluation in accordance with the principles of objectivity, impartiality and prudence, and in accordance with the evaluation procedures, evaluation methods and evaluation standards stipulated in the consultation document. For government procurement projects that adopt competitive negotiation, the bid evaluation experts shall be randomly selected from the list of experts in related disciplines in the government procurement bid evaluation expert database. For procurement projects with complex technology and strong professionalism, bid evaluation experts shall include 1 legal experts.
The "Consultation Measures" also stipulates that evaluation experts shall abide by the discipline of evaluation work and shall not disclose the evaluation situation and business secrets known in the evaluation process. In the process of bid evaluation, if the consultation team finds that the supplier has committed illegal acts such as bribery, providing false materials or colluding in bidding, it shall report to the financial department in time. Experts who are illegally interfered in the evaluation process shall report to the finance and supervision departments in a timely manner.
legal ground
Interim Measures for the Administration of Competitive Consultation Procurement Methods of Government Procurement
Article 1 These Measures are formulated in accordance with Item 6, Paragraph 1, Article 26 of the Government Procurement Law of People's Republic of China (PRC) (hereinafter referred to as the Government Procurement Law) in order to standardize the government procurement behavior and safeguard the national interests, social interests and the legitimate rights and interests of the parties involved in government procurement.
Article 2 The term "competitive negotiation procurement mode" as mentioned in these Measures means that the purchaser and the government procurement agency negotiate with qualified suppliers on the procurement of goods, projects and services through the establishment of a competitive consultation group (hereinafter referred to as the consultation group), and the suppliers submit response documents and quotations according to the requirements of the consultation documents, and the purchaser determines the procurement mode of the clinched supplier from the list of candidate suppliers put forward after review by the consultation group.