Interim Measures for the Administration of Competitive Consultation Procurement Mode of Government Procurement
Notice on printing and distributing the Interim Measures for the administration of competitive consultation procurement methods in government procurement
Caiku [2014] No.214
Relevant departments of the CPC Central Committee, ministries and commissions of the State Council, directly affiliated institutions, General Office of the National People’s Congress Standing Committee (NPCSC), General Office of Chinese People’s Political Consultative Conference, High Court, Supreme People’s Procuratorate, relevant people’s organizations, finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans, Finance Bureau of Xinjiang Production and Construction Corps, and centralized procurement institutions:
In order to deepen the reform of the government procurement system, adapt to the needs of promoting the government to purchase services and promoting the cooperation between government and social capital (PPP), according to the Government Procurement Law of People’s Republic of China (PRC) and relevant laws and regulations, the Ministry of Finance has formulated the Interim Measures for the Administration of Competitive Consultation in Government Procurement. It is issued to you, please follow it.
Annex: Interim Measures for the Administration of Competitive Consultation Procurement Mode of Government Procurement
the Ministry of Finance
December 31, 2014
attachment
Interim Measures for the Administration of Competitive Consultation Procurement Methods of Government Procurement
Chapter I General Provisions
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) for the purpose of regulating government procurement behavior and safeguarding national interests, social public interests and the legitimate rights and interests of 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 proposed after the review of the consultation group.
Article 3 Projects that meet the following conditions may be purchased through competitive negotiation:
(1) Services purchased by the government;
(two) the technology is complex or special, and it is impossible to 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;
(four) scientific research projects with insufficient market competition, as well as scientific and technological achievements transformation projects that need support;
(five) in accordance with the bidding law and its implementing regulations, the construction projects other than the construction projects that must be tendered.
Chapter II Consultation Procedures
Article 4 Where the procurement of goods and services that meet the standard of open tender amount intends to adopt the competitive negotiation procurement method, the purchaser shall, before the start of procurement activities, apply to the financial department of the people’s government at or above the municipal or autonomous prefecture level for approval according to law after reporting to the competent budget unit for approval.
Article 5 Purchasers and procurement agencies shall organize competitive consultations in accordance with the provisions of the Government Procurement Law and these Measures, and take necessary measures to ensure that the consultations are conducted in strict confidentiality.
No unit or individual may illegally interfere with or influence the negotiation process and results.
Article 6 A purchaser and a procurement agency shall invite at least three suppliers who meet the corresponding qualifications to participate in competitive negotiation and procurement activities by issuing an announcement, randomly selecting from the supplier library established by the financial department at or above the provincial level, or recommending in writing by the purchaser and the evaluation experts respectively.
Suppliers who meet the requirements stipulated in the first paragraph of Article 22 of the Government Procurement Law may join the supplier library before the procurement activities begin. The financial department shall not charge any fees for the supplier’s application for warehousing, and shall not use the supplier’s library to block the region and industry.
If the supplier is selected by the written recommendation of the purchaser and the evaluation experts, the purchaser and the evaluation experts shall issue their own written recommendations. The proportion of suppliers recommended by the purchaser shall not be higher than 50% of the total number of recommended suppliers.
Article 7 Where a supplier is invited by announcement, the purchaser and the procurement agency shall issue a competitive consultation announcement in the government procurement information release media designated by the financial department of the people’s government at or above the provincial level. The announcement of competitive consultation shall include the following main contents:
(a) the name, location and contact method of the purchaser and the procurement agency;
(two) the name, quantity, brief specification description or basic introduction of the procurement project;
(three) the budget of the procurement project;
(4) Qualifications of suppliers;
(five) the time, place and method of obtaining the consultation documents and the price of the consultation documents;
(6) The deadline, opening time and place for submitting the response documents;
(seven) the name and telephone number of the contact person of the procurement project.
Article 8 Competitive consultation documents (hereinafter referred to as consultation documents) shall be formulated according to the characteristics of the procurement project and the actual needs of the purchaser, and shall be approved by the purchaser in writing. The purchaser shall take meeting the actual demand as the principle, and shall not raise the procurement standards such as budget and asset allocation without authorization.
Consultation documents shall not require or indicate the name of suppliers or the brand of specific goods, and shall not contain conditions such as technology and services directed to specific suppliers.
Article 9 The consultation documents shall include supplier qualification conditions, procurement invitation, procurement method, procurement budget, procurement demand, government procurement policy requirements, evaluation procedures, evaluation methods, evaluation criteria, price composition or quotation requirements, preparation requirements of response documents, the amount and form of deposit payment, the situation that the deposit will not be returned, the contents that may be substantially changed during the consultation, the deadline for submission of response documents, the opening time and place, and the terms of the draft contract, etc.
Article 10 It shall not be less than 10 days from the date when the consultation document is issued to the deadline when the supplier submits the first response document.
The selling price of consultation documents shall be determined in accordance with the principle of making up the production cost of consultation documents, and shall not be for profit, and shall not be based on the project budget. The sale period of the consultation documents shall not be less than 5 working days from the date of commencement.
Before the deadline for submitting the first response document, the purchaser, the procurement agency or the consultation group may make necessary clarifications or amendments to the issued consultation document, and the contents of the clarifications or amendments shall be regarded as an integral part of the consultation document. If the clarification or modification may affect the preparation of the response document, the purchaser and the procurement agency shall notify all suppliers who have obtained the consultation document in writing at least 5 days before the deadline for submitting the first response document; If it is less than 5 days, the purchaser and the procurement agency shall postpone the deadline for submitting the first response document.
Article 11 A supplier shall prepare a response document according to the requirements of the consultation document, and bear legal responsibility for the authenticity and legality of the response document submitted by it.
Article 12 The purchaser and the procurement agency may require the supplier to pay the negotiation deposit before the deadline for submitting the response documents. The negotiation deposit shall be paid in non-cash forms such as checks, drafts, promissory notes or letters of guarantee issued by financial institutions and guarantee institutions. The amount of negotiation deposit shall not exceed 2% of the procurement project budget. If the supplier fails to submit the negotiation deposit according to the requirements of the negotiation documents, the response is invalid.
If the supplier is a consortium, one or more parties in the consortium can jointly pay the negotiation deposit, and the deposit paid by them is binding on all parties in the consortium.
Article 13 The supplier shall seal the response document and deliver it to the designated place before the deadline required by the consultation document. The response documents delivered after the deadline are invalid documents, and the purchaser, procurement agency or consultative group shall reject them.
Before the deadline for submission of response documents, the supplier may supplement, modify or withdraw the submitted response documents, and notify the purchaser and procurement agency in writing. The supplemented and modified contents shall be taken as an integral part of the response document. If the content of supplement and modification is inconsistent with the response document, the content of supplement and modification shall prevail.
Article 14 The consultative group shall consist of three or more representatives of the purchaser and review experts, and the number of review experts shall not be less than 2/3 of the total number of members of the consultative 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 review of procurement projects represented by this agency.
For government procurement projects that adopt competitive negotiation, the evaluation experts shall be randomly selected from the list of experts in relevant professions in the government procurement evaluation expert database. In accordance with the provisions of Article 3, paragraph 4 of these Measures, and in special circumstances, it is difficult to determine the appropriate evaluation experts through random methods. With the consent of the competent budget unit, the evaluation experts can be selected by themselves. For procurement projects with complex technology and strong professionalism, one legal expert shall be included in the evaluation experts.
Fifteenth evaluation experts shall abide by the discipline of evaluation work, and shall not disclose the evaluation situation and the business secrets learned during the evaluation.
In the process of evaluation, the consultative group finds that the supplier has committed illegal acts such as bribery, providing false materials or collusion, and shall report to the financial department in time.
Experts who have been illegally interfered in the evaluation process shall report to the finance and supervision departments in a timely manner.
Sixteenth members of the consultative group shall, in accordance with the principles of objectivity, impartiality and prudence, conduct independent evaluation according to the evaluation procedures, evaluation methods and evaluation standards stipulated in the consultation documents. The response documents that do not substantially respond to the consultation documents shall be treated as invalid responses, and the consultation team shall inform the suppliers that submitted the response documents.
If the contents of the consultation documents violate the relevant mandatory provisions of the state, the consultation group shall stop the review and explain the situation to the purchaser or procurement agency.
Seventeenth buyers, procurement agencies shall not make biased and misleading explanations or explanations to the evaluation experts in the consultative group.
The purchaser and procurement agency may, depending on the specific situation of the procurement project, organize the supplier to conduct on-site inspection or hold a question-and-answer meeting before the consultation, but shall not organize the on-site inspection and question-and-answer meeting with only one supplier separately or separately.
Article 18 When reviewing the validity, completeness and response degree of the response documents, the consultative group may require the suppliers to make necessary clarifications, explanations or corrections to the contents in the response documents that are ambiguous in meaning, inconsistent in the expression of similar problems, or have obvious errors in writing and calculation. The supplier’s clarification, explanation or correction shall not go beyond the scope of the response document or change the substantive content of the response document.
The response documents required by the consultative group for suppliers to clarify, explain or correct shall be made in writing. The clarification, explanation or correction of the supplier shall be signed or stamped with the official seal by the legal representative or his authorized representative. Signed by an authorized representative, a power of attorney from the legal representative shall be attached. If the supplier is a natural person, it shall be signed by himself and attached with identification certificate.
Article 19 All members of the consultative group shall focus on separate consultations with a single supplier, and give all suppliers participating in the consultations equal consultation opportunities.
Article 20 During the consultation, the consultative group may substantially change the technical and service requirements in the procurement requirements and the terms of the draft contract according to the consultation documents and the consultation situation, but shall not change other contents in the consultation documents. The content of substantive changes shall be confirmed by the purchaser’s representative.
The substantive changes made to the consultation document are an effective part of the consultation document, and the consultation team shall notify all the suppliers participating in the consultation in writing in time.
The supplier shall resubmit the response document according to the changes of the consultation document and the requirements of the consultation group, and sign or affix the official seal by its legal representative or authorized representative. Signed by an authorized representative, a power of attorney from the legal representative shall be attached. If the supplier is a natural person, it shall be signed by himself and attached with identification certificate.
Article 21 If the consultation document can specify the technical and service requirements of the subject matter of the procurement in detail, after the negotiation, the consultation group shall require all the suppliers who have substantially responded to submit the final quotation within the specified time, and the number of suppliers who have submitted the final quotation shall not be less than three.
If the technical and service requirements of the procurement target cannot be specified in detail in the consultation document, and the final design scheme or solution needs to be provided by the supplier after consultation, after the consultation, the consultation team shall vote to recommend the design schemes or solutions of more than three suppliers according to the principle that the minority is subordinate to the majority, and ask them to submit the final quotation within the specified time.
The final quotation is an effective part of the supplier’s response document. In case of meeting Item 4 of Article 3 of these Measures, there may be two suppliers who submit the final quotation.
Twenty-second suppliers who have submitted response documents may withdraw from the negotiation according to the negotiation situation before submitting the final quotation. The purchaser and the procurement agency shall refund the consultation deposit of the supplier who has withdrawn from the consultation.
Article 23 After the final purchase demand and the supplier who submitted the final quotation are determined through consultation, the consultation team will comprehensively score the response documents and the final quotation of the supplier who submitted the final quotation by using the comprehensive scoring method.
Comprehensive scoring method refers to the evaluation method that the response documents meet all the substantive requirements of the consultation documents and the supplier with the highest score is the candidate supplier for the transaction according to the quantitative indicators of the evaluation factors.
Twenty-fourth comprehensive evaluation criteria in the score setting should be corresponding to the quantitative indicators of evaluation factors. The evaluation criteria not specified in the consultation document shall not be used as the basis for evaluation.
During the review, each member of the consultative group shall independently evaluate and score each effective response document, and then summarize the scores of each scoring factor of each supplier.
According to the comprehensive scoring method, the price score of goods accounts for 30% to 60% of the total score, and the price score of services accounts for 10% to 30% of the total score. If there are different procurement objects in the procurement project, the procurement object with the highest proportion of project funds shall determine its project attributes. In line with the provisions of the third paragraph of Article 3 of these Measures and the implementation of unified price standards, the price of the project is not listed as a scoring factor. There are special circumstances that need to set the price distribution weight outside the above-mentioned provisions, which shall be approved by the financial department of the people’s government at the corresponding level.
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, and its price score is full marks. The prices of other suppliers are calculated in accordance with the following formula:
Negotiation quotation score = (negotiation benchmark price/final negotiation quotation) × price weight ×100
In the process of project review, the highest and lowest quotations in the final quotation shall not be removed.
Article 25 The consultative group shall, according to the comprehensive scores, recommend more than three candidate suppliers for the transaction in the order of the evaluation scores from high to low, and prepare the evaluation report. In accordance with the third paragraph of article twenty-first of these measures, two candidate suppliers can be recommended. If the evaluation scores are the same, it shall be recommended according to the order of the final quotation from low to high. If the evaluation score is the same and the final quotation is the same, it shall be recommended in the order of technical indicators.
Article 26 The review report shall include the following main contents:
(a) the specific ways and relevant information of inviting suppliers to participate in procurement activities;
(two) the date and place of opening the response document;
(3) A list of suppliers who have obtained the consultation documents and a list of members of the consultation group;
(4) Records and explanations of the review, including the qualification review of suppliers, the review of suppliers’ response documents, consultations, quotations, etc.;
(5) The ranking list of the proposed candidate suppliers for the transaction and the reasons.
Twenty-seventh review report shall be signed by all the members of the consultative group. If the members of the consultative group disagree with the review report, the consultative group will recommend the candidate suppliers for the transaction according to the principle that the minority is subordinate to the majority, and the procurement procedure will continue. Members of the consultative group who have objections to the review report shall sign different opinions on the report and explain the reasons, and the consultative group shall record the relevant information in writing. If the members of the consultative group refuse to sign the report and do not explain their different opinions and reasons in writing, they shall be deemed to have agreed to review the report.
Twenty-eighth procurement agencies shall, within 2 working days after the end of the review, send the review report to the purchaser for confirmation.
The purchaser shall, within 5 working days after receiving the evaluation report, determine the transaction supplier from the candidate suppliers proposed in the evaluation report according to the principle of ranking from high to low, or authorize the consultation group to directly determine the transaction supplier in writing. If the purchaser fails to determine the supplier of the transaction within the time limit and does not raise any objection, it shall be deemed that the supplier ranked first in the evaluation report is determined as the supplier of the transaction.
Article 29 The purchaser or procurement agency shall, within 2 working days after the supplier is confirmed, announce the transaction result on the government procurement information release media designated by the financial department at or above the provincial level, and issue a transaction notice to the supplier at the same time, and announce the negotiation documents together with the transaction result. The announcement of the transaction result shall include the following contents:
(a) the name, address and contact information of the purchaser and the procurement agency;
(2) Project name and project number;
(three) the name, address and transaction amount of the supplier;
(four) the name, specifications, quantity, unit price and service requirements of the main transaction targets;
(5) List of members of the Consultative Group.
If a supplier is recommended in writing to participate in procurement activities, the recommendation opinions of the purchaser and the evaluation experts shall also be announced.
Article 30 The purchaser and the supplier shall, within 30 days from the date of issuing the notice of transaction, sign the government procurement contract according to the contract text determined in the consultation document, as well as the procurement subject matter, specifications and models, purchase amount, purchase quantity, technology and service requirements.
The purchaser shall not put forward any requirements beyond the negotiation documents to the supplier as a condition for signing the contract, and shall not conclude an agreement with the supplier that deviates from the contract text determined in the negotiation documents and the substantive contents such as the procurement target, specifications, purchase amount, purchase quantity, technology and service requirements.
Article 31 The purchaser or procurement agency shall return the negotiation deposit of the supplier in time after the procurement activities, except that it cannot be returned in time due to the supplier’s own reasons. The negotiation deposit of unsuccessful suppliers shall be returned within 5 working days after the transaction notice is issued, and the negotiation deposit of successful suppliers shall be returned within 5 working days after the signing of the procurement contract.
In any of the following circumstances, the negotiation deposit will not be refunded:
(1) The supplier withdraws the response documents after the deadline for submitting the response documents;
(2) The supplier provides false materials in the response document;
(3) The supplier fails to sign a contract with the purchaser, except for cases recognized by force majeure or negotiation documents;
(four) suppliers and purchasers, other suppliers or procurement agencies in bad faith;
(5) Other circumstances stipulated in the consultation document.
Article 32 The purchaser or procurement agency shall not organize re-evaluation for any reason, except that the qualification inspection finds errors, the scores are calculated incorrectly, the sub-items are beyond the scope of scoring standards, the objective scores are inconsistent, and the scores are unanimously determined by the consultation group to be abnormally high or abnormally low. If the purchaser or procurement agency finds that the consultative group has not conducted the review according to the review criteria stipulated in the consultation document, it shall re-launch the procurement activities and report to the financial department at the same level in writing.
The purchaser or procurement agency shall not change the evaluation results by testing samples or inspecting suppliers.
Article 33 Where a supplier refuses to sign a government procurement contract, the purchaser may determine other suppliers as the supplier and sign a government procurement contract according to the principle stipulated in the second paragraph of Article 28 of these Measures, or may resume procurement activities. The supplier who refuses to sign the government procurement contract shall not participate in the procurement activities of the project.
Article 34 Under any of the following circumstances, the purchaser or procurement agency shall terminate the competitive negotiation procurement activities, issue a project termination announcement and explain the reasons, and resume the procurement activities:
(a) due to changes in circumstances, it no longer meets the requirements of the application of competitive negotiation procurement methods;
(two) there are violations of laws and regulations that affect the procurement justice;
(3) Except for the circumstances specified in the third paragraph of Article 21 of these Measures, there are less than three suppliers who meet the requirements in the procurement process or whose quotations do not exceed the procurement budget.
Article 35 If the procurement task is cancelled due to major changes in the procurement activities, the purchaser or procurement agency shall terminate the procurement activities, notify all suppliers participating in the procurement activities, and report the project implementation and the reasons for canceling the procurement task to the financial department at the same level.
Chapter III Supplementary Provisions
Article 36 If there are other provisions in the relevant legal system on the competitive negotiation and procurement of government and social capital cooperation projects, those provisions shall prevail.
Thirty-seventh the term "competent budget unit" as mentioned in these Measures refers to the state organs, institutions and organizations responsible for compiling departmental budgets and reporting budgets to the financial departments at the same level.
Article 38 These Measures shall come into force as of the date of promulgation.