Jincaicai [2022] No. 12

Each municipal-level budget unit:

In order to continue to promote the implementation of the city’s task of deepening the reform of the government procurement system, To consolidate the responsibilities of procurement entities and standardize procurement operating procedures, we are hereby notified of matters related to further standardizing the approval and review of government procurement of municipal budget units as follows:

1. Approval management of changes in procurement methods

( 1) Legal circumstances for changing government procurement methods

1. If municipal budget units purchase goods or services that exceed the public bidding amount standard and need to use procurement methods other than public bidding due to special circumstances, they shall Before starting, apply to the municipal finance department to change the government procurement method. Procurement methods other than public bidding refer to invitational bidding, competitive negotiation, competitive consultation, single-source procurement, inquiry, and other procurement methods identified by the Ministry of Finance.

2. For public bidding goods and service procurement projects, if there are only two suppliers that submit bidding documents during the bidding process or have substantially responded to the requirements of the bidding documents after review, they can apply to the municipal finance department to compete. Purchasing through sexual negotiation.

(2) Materials required to change the government procurement method

1. General provisions

If a municipal budget unit applies to change the government procurement method, it shall Before the event begins, complete, clear, and compliant application materials must be submitted to the municipal finance department through the Tianjin Municipal Government Procurement Information Management System (hereinafter referred to as the Information Management System) and shall be responsible for the authenticity of the materials. Including:

(1) "Approval Form for Changes in Government Procurement Methods by Municipal Budget Units" (see attachment 1), which details the procurement project budget, procurement project overview, proposed procurement method and applicable circumstances and reasons, etc., if the content cannot be stated in detail in the approval form, the applicant unit can attach a written description of the situation and relevant supporting materials, and stamp the official seal of the unit;

(2) Project budget approval documents or funds Proof of source;

(3) It is a "procurement project for which demand investigation shall be carried out" specified in the "Government Procurement Demand Management Measures", and written records of demand investigation, general review and key review must be provided.

2. Special circumstances

The municipal budget unit uses the reason that "after the bidding, there are no suppliers to bid or there are no qualified bids, or the re-bidding fails to be established", or because of "public bidding" If you apply to change to a competitive negotiation method on the grounds that "only two suppliers have submitted bidding documents during the process or have substantially responded to the requirements of the bidding documents after review", in addition to submitting the materials specified in the above general provisions, you should also provide:

(1) Certification materials for the publication of the bidding announcement on the Tianjin Municipal Government’s procurement website;

(2) Documents issued by the applicant unit and procurement agency on whether there are any supplier questions about the bidding documents and bidding process and Description of the handling of the challenge;

(3) The bidding documents issued by the bid evaluation committee or more than three evaluation experts demonstrate that there are no unreasonable clauses in the bidding documents.

3. Single-source procurement

If a municipal budget unit applies to change to a single-source procurement method, it should provide the municipal finance department with information through the information management system before the start of government procurement activities. Complete, clear, and compliant application materials and be responsible for the authenticity of the materials.

Including:

(1) A written application submitted by the applicant unit to the budget unit in charge, and a written reply from the budget unit in charge. The written application should state the name of the procurement project, procurement budget, demand content, and applicable procurement methods. Reasons, proposed name of the only supplier, organization of professionals’ demonstrations, publicity and cost calculations;

(2) "Approval Form for Changes in Government Procurement Methods by Municipal Budget Units";

(3) Project budget approval document or fund source certificate;

(4) Internal consultation within the unit, the internal management department (position) of the applicant unit organizes the finance, business and other relevant departments (positions), According to the procurement needs, the reasons, necessity and legality of using a single source will be discussed with ***, and signed and approved by *** by the relevant department (position) personnel;

(5) Belongs to " The "Measures for the Management of Government Procurement Demand" clearly clarifies that "procurement projects that require demand investigation" do not need to provide internal consultation opinions within the unit, but must provide written records of demand investigation, general review and key review.

(3) Requirements for changing government procurement methods

1. Apply non-tendering procurement methods in accordance with the law. Each unit must determine the applicable procurement method in accordance with the law based on the specific characteristics and actual needs of the procurement project, and elaborate on the reasons for the application in the application materials. For "urgent user needs" in statutory situations, specific reasons that are unforeseen by the purchaser and not caused by delays by the purchaser should be clarified; "technically complex or of a special nature, and detailed specifications or specific requirements cannot be determined" should be based on the objective reality of the project needs. , clarify the specific content of complexity and particularity; "can only be purchased from the only supplier", should clarify the uniqueness and irreplaceability of the project function, or the exclusivity of patents, proprietary technologies or services.

2. Standardize the release of single-source announcements. All units should, in accordance with the statutory publicity requirements, publicize through the Tianjin Municipal Government Procurement Network for projects that exceed the public bidding amount standard and apply for changes in single-source procurement on the grounds that they "can only be purchased from the only supplier". The content of the publicity must be It should be standardized, complete and clear, focusing on clarifying the specific reasons for applying the single-source procurement method, and the publicity period should not be less than 5 working days. Goods items must also disclose the manufacturer, address, contact information and other information of the purchased object. Single-source procurement projects that do not exceed the public bidding amount standard can be announced in accordance with the internal control system management requirements of the department and unit.

3. Carefully organize professional arguments. Before each unit publishes a single source announcement, it should first organize more than three professionals to demonstrate the applicable circumstances and specific reasons for the single source. Professionals participating in the demonstration should be those related to the technical service indicators of the procurement target and those who understand the market conditions. They should not have a direct interest in the demonstration project, and should not be staff of the purchasing unit or potential suppliers and their affiliated units. Professional opinions should clearly and clearly explain the specific characteristics of the procurement project and the compliance and legality of the single source. It is not allowed to just describe the procurement needs without explicitly expressing opinions or only signing the agreement.

4. Simplify the procurement process of some projects. For goods or services that are above the public bidding amount standard and implemented through public bidding, for the procurement package under the same contract, when only two suppliers submit bidding documents during the bidding process or substantially respond to the requirements of the bidding documents after review, the procurement If the package budget amount does not meet the public bidding amount standard, the municipal budget unit does not need the approval of the municipal finance department to change the procurement method.

II. Review and Management of Government Procurement of Imported Products

(1) Scope of Review of Government Procurement of Imported Products

The products that municipal budget units need to purchase are not available in China If it is obtained or cannot be obtained on reasonable commercial terms, and if it is really necessary to purchase imported products as otherwise provided by laws and regulations, it should be submitted to the municipal finance department for approval before the procurement activity begins.

Imported products refer to products that enter China through China Customs declaration and inspection and are produced overseas.

(2) Materials required for review of government procurement of imported products

If a municipal budget unit applies for government procurement of imported products, it shall submit to the municipal government through the information management system before the government procurement activities begin. The financial department at the local level shall provide complete, clear, and compliant application materials and be responsible for the authenticity of the materials. Including:

(1) A written application submitted by the applicant unit to the budget unit in charge, and a written reply from the budget unit in charge. The written application should state the name of the procurement project, procurement budget, content of procurement requirements, and procurement imports. Reasons for the product, organization of professional personnel to demonstrate the situation, etc.;

(2) "Municipal Budget Unit Government Procurement Imported Products Review (Filing) Form" (see attachment 2) and relevant ancillary information, including "Government Procurement Imports" Product Expert Argument Opinions" or "Opinions of the Industry Competent Department for Government Procurement of Imported Products", etc.;

(3) Project budget approval document or fund source certificate;

(4) Project development Written records of demand survey, general review and key review. The demand survey should focus on the current status of the domestic industry development of the products to be purchased, the reasons why domestic products cannot meet actual needs, as well as the market prices of domestic products and historical transaction prices of imported products.

(3) Relevant requirements for applying for government procurement of imported products

1. The situation of government procurement of imported products shall apply in accordance with the law. Each unit must conduct extensive market research based on the specific characteristics and actual needs of the procurement project, fully understand the market conditions, industrial development, etc. of the purchased equipment, and scientifically determine procurement needs. Procurement requirements shall not be set based on the technical performance and index parameters of imported products, nor shall they discriminate against domestic products. If domestic products can meet the actual needs of use, imported products are not allowed to be purchased. If imported products are indeed needed, the reasons for the application should be stated in detail in the application materials and necessary supporting materials should be provided.

2. Standardize and organize expert argumentation. Municipal budget units should organize experts to demonstrate the necessity and compliance of government procurement of imported products. The expert group participating in the demonstration of imported products shall consist of an odd number of more than 5 people from outside the unit, including 1 legal expert. The technical majors or work of other demonstration experts should be related to the fields involved in the imported products to be purchased, and they should have intermediate or above professional technical titles or equivalent professional levels. Demonstration experts shall not have economic or administrative affiliations with budget units or procurement agencies. If the imported products to be purchased are products that are clearly stipulated in national laws, regulations and policies to encourage imports, there is no need to organize expert evaluation, but a copy of the national laws, regulations and policies on encouraging imported products must be uploaded.

3. Improve expert arguments. Legal experts should determine the category of imported products (restricted or otherwise) to which the products to be purchased belong, and issue opinions on the legality and compliance of the purchased imported products. Other technical experts should, based on the procurement needs, focus on the specific application scenarios of the equipment to be purchased, the correspondence and matching between the procurement requirement setting and the specific application scenarios, the market conditions and development status of imported products and domestic similar products, as well as the relationship between imported products and domestic products. Provide clear and specific opinions on the specific differences between similar products in terms of technical performance, index parameters, price and after-sales service. Expert arguments that only use descriptive language such as "better than", "higher than" or "good" or "worse" without elaborating on specific differences, or if the argumentation opinions are unclear, are invalid opinions.

4. Optimize some project review processes. If a government procurement of imported products project that has been approved needs to be reorganized due to statutory circumstances during the organization and implementation process, a new application for government procurement of imported products should be submitted before the start of the procurement activities. In addition to the required application materials, a separate application should be submitted. Explain the participation of domestic product suppliers in the original procurement project organization process, and the argument that the procurement documents issued by the bid evaluation committee or more than three evaluation experts do not have unreasonable terms.

3. Other work requirements

(1) Reduce the time limit for approval and review. If the reasons for changing the government procurement method and the application for purchasing imported products and the application materials comply with the legal circumstances and the provisions of this notice, the municipal finance department will give an approval within 5 working days from the date of receipt of the materials.

If the application materials do not comply with the provisions of these Measures, the municipal finance department will notify the municipal budget unit to make corrections and supplements within 3 working days. The processing date will be calculated from when the municipal finance department receives the application materials again.

(2) Strengthen the management of competent departments. The competent departments should strengthen the management of changes in government procurement methods and procurement of imported products in their own departments and systems, and establish and improve the internal management system of departmental government procurement. For procurement projects that the affiliated budget unit intends to change the government procurement method, it shall focus on reviewing whether the procurement budget has been implemented, whether the actual situation of the project is consistent with the legal application of the government procurement method, etc., and issue an "Approval Form for Changes in Government Procurement Methods for Municipal Budget Units" Opinions and stamped with the official seal of the unit. For procurement projects that the affiliated budget unit plans to apply for to purchase imported products, it shall focus on reviewing whether the procurement needs are reasonable, whether similar domestic products meet the needs, the necessity of purchasing imported products, and whether the qualifications of the demonstration experts meet the requirements, etc.

(3) Simplify the approval and review process for scientific research instruments and equipment. If the procurement of scientific research instruments and equipment by municipal colleges and universities and scientific research institutes involves changes in government procurement methods and the review of imported products, the notice of the Tianjin Municipal Finance Bureau on Strengthening the Management of the Procurement of Scientific Research Instruments and Equipment by Municipal Colleges and Universities and Scientific Research Institutes shall be followed 》(Jincaicai [2017] No. 5) shall be implemented.

(4) Regarding management requirements for confidential procurement projects. If the confidential government procurement projects of municipal budget units involve changes in government procurement methods and the review of imported products, the notice of the Tianjin Municipal Finance Bureau and the Tianjin State Secrets Bureau on forwarding the Interim Measures for the Management of Confidential Government Procurement (Tianjin Finance Adopt the procedures specified in [2019] No. 30).

This notice shall be implemented from the date of issuance.

Attachments: 1. Approval Form for Changes in Government Procurement Methods by Municipal Budget Units

2. Review (Recording) Form for Government Procurement of Imported Products by Municipal Budget Units

June 16, 2022

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