The objective positioning of 1. project functions determines that the designated patents, know-how or services must be used, rather than the subjective requirements of the purchaser. Just because the project technology is complex or difficult cannot be used as a reason for single-source procurement.

2. Patents, know-how or services used in the project are irreplaceable. The functional positioning of the project must use specific patents, proprietary technologies or services, and no other alternative technical solutions can meet the same requirements of the functional positioning of the project. If different patents, proprietary technologies or services can be used instead, and the technical requirements of functional positioning of the same or similar projects can be met without affecting the quality and efficiency of the projects, the supplier cannot be determined by single-source procurement.

3. Because the patents, know-how or services of products or production processes are exclusive, they cannot be implemented or provided by other suppliers, and can only be provided by a specific supplier.

4. It is clear that the determination of single-source procurement can be divided into three situations: reaching the standard of public bidding amount (before the start of procurement activities), failing to reach the standard of public bidding amount (before the start of procurement activities), and changing to single-source procurement after the failure of public bidding. According to different situations, it is clear whether to invite professionals to issue specific argumentation opinions on the situation that they can only purchase from specific suppliers, whether it needs to be publicized on the Hainan provincial government procurement network, and whether it needs the approval of the financial department.

There are four applicable situations for single-source procurement:

1. First of all, it can only be purchased from a single supplier. According to Article 27 of the Regulations for the Implementation of the Government Procurement Law, if you can only purchase from a specific supplier due to the use of irreplaceable patents, proprietary technology or special requirements of public services, you can use single source procurement.

Secondly, due to unforeseen emergencies, it is impossible to purchase from other suppliers. If the market supply capacity and supply time can meet the emergency needs, the purchaser shall not exclude competition because of emergency procurement. If the project is urgent and unpredictable due to the lack of reasonable planning by the purchaser, it does not belong to the scope of application of this clause.

3. Third, it is necessary to ensure the consistency of the original procurement items or supporting services, and it is necessary to continue to purchase from the original suppliers, and the total amount of additional funds shall not exceed 10% of the original contract purchase amount. The added procurement target may be different from the original procurement item, but it must be consistent with or compatible with the original procurement item.

4. The fourth is to change to single-source procurement after the failure of public bidding. There is only one supplier who participates in bidding (response) after the deadline for bidding (response), or only one supplier who meets the qualification conditions after qualification examination, or only one supplier who meets the conditions during bid evaluation and needs to change to single-source procurement.

To sum up, single-source procurement refers to government procurement projects that can only be purchased from a single supplier. In an unforeseen emergency, in order to ensure consistency or supporting services, the purchaser purchases from the original supplier within the scope of the original contract amount 10%, and the purchaser purchases from a specific supplier.

Legal basis:

Article 26 of the Government Procurement Law of People's Republic of China (PRC).

Government procurement adopts the following methods:

Open tender;

(2) Bidding;

(3) Competitive negotiation;

(4) Single source procurement;

(5) asking;

(six) other procurement methods identified by the procurement supervision and management department of the State Council municipal government.

Public bidding should be the main procurement method of government procurement.

Article 31

Goods or services that meet any of the following circumstances may be purchased from a single source in accordance with this Law:

(a) Can only be purchased from a single supplier;

(2) Unable to purchase from other suppliers due to unforeseen emergencies;

(3) It is necessary to ensure the consistency of the original procurement items or supporting services, and it is necessary to continue to purchase from the original suppliers, and the total amount of additional funds shall not exceed 10% of the original contract purchase amount.