Scope of application of competitive negotiation
1. government purchases services;
2 complex technology or special nature, can not determine the detailed specifications or specific requirements;
3. The total price cannot be calculated in advance because the time and quantity of art procurement, patents, proprietary technology or services cannot be determined in advance;
4. Scientific research projects with insufficient market competition and scientific research achievements transformation projects that need support;
5. Engineering construction projects other than those that must be subject to bidding according to the Bidding Law and its implementing regulations.
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.
Competitive negotiation is an innovative procurement method in government procurement activities. Since the promulgation and implementation of this system, it has obviously played a positive role in the procurement of complex special projects in the field of government procurement services.
Items suitable for competitive negotiation:
First, government projects. This kind of project is a part of the public services directly provided by the government, and it is the service that the government needs to perform its duties. According to certain methods and procedures, it shall be undertaken by qualified social forces and paid by the government according to the contract. For example, some familiar transportation services and public welfare projects.
Two, complex technology or special nature, unable to determine the detailed specifications or specific requirements. If it is a new district, there are no mature technical parameters for reference.
Three, due to the purchase of works of art, patents, know-how or service time, quantity and other reasons can not be calculated in advance.
Four, scientific research projects with insufficient market competition, and scientific and technological achievements that need to support transformation.
Five, in accordance with the "Bidding Law" and its implementing regulations, other projects that must be subject to tender.
legal ground
Measures for the administration of non-tendering procurement methods of government procurement
Article 4 Where the procurement of goods and services that meet the standards of public bidding is planned to adopt the non-tendering procurement method, the purchaser shall, before the start of procurement activities and with the consent of the competent budget unit, apply to the financial department of the people's government of a city with districts or autonomous prefecture or above.
Article 6 Purchasers and procurement agencies shall organize non-tendering procurement activities in accordance with the provisions of the Government Procurement Law and these Measures, and take necessary measures to ensure that bid evaluation is conducted in strict confidentiality. No unit or individual may illegally interfere with or influence the bid evaluation process and results.