**Competitive negotiation should be adopted for construction projects other than the purchase of services and construction projects that must be tendered.
In the competitive negotiation procurement method, some links such as the first link is easy to go wrong, today I will sort out 10 questions about the competitive negotiation procurement method, I hope to solve some doubts for you, let's take a look
Competitive negotiation procurement refers to the procurement method of the purchaser and the procurement agency through the establishment of a competitive negotiation group (hereinafter referred to as the negotiation group) and the qualified businessmen on the procurement of goods, projects and services, and the purchaser submits the corresponding documents and services in accordance with the requirements of the consultation documents, and the purchaser determines the procurement method of the dealers from the list of candidates proposed by the negotiation group after the review.
01. Only two companies responded to the public bidding project, can it be changed to competitive negotiation?A: No, there is no legal basis, but it can be changed to a competitive negotiation method. If it is changed to a competitive negotiation method, please note that the negotiation documents should be prepared according to the procurement requirements in the bidding documents, a negotiation team should be established, and the negotiation team will confirm the negotiation documents, and the comprehensive scoring method should be changed to the lowest evaluation price method.
Legal basis: Article 27, Paragraph 2 of Article 27 of the Administrative Measures for the Administration of Non-bidding Procurement Methods of Procurement (Decree No. 74 of the Ministry of Finance) For the procurement of goods and services by public bidding, when there are only two suppliers who submit the bidding documents or respond to the requirements of the bidding documents in the bidding process, the purchaser and the procurement agency can conduct competitive negotiation and procurement with the two merchants after the approval of the financial department at the same level in accordance with Article 4 of these measures. The agency shall prepare negotiation documents according to the procurement needs in the bidding documents, establish a negotiation team, and confirm the negotiation documents by the negotiation team.
02. What is the biggest difference between competitive negotiation and competitive negotiation scoring methods?Answer: The difference in scoring methods is the biggest difference between competitive negotiation and competitive negotiation, competitive negotiation refers to the lowest price method, while competitive negotiation adopts the comprehensive bid evaluation method. The advantage of the comprehensive scoring method is that non-** factors such as business conditions and technical conditions can be considered.
Legal basis: On December 4, 2020, the Ministry of Finance announced that there is no competitive negotiation in the "procurement method" in the ** Procurement Law (Draft Revision) for solicitation of comments, and the competitive negotiation in the revised ** Procurement Law may be merged into competitive negotiation.
At the same time, Article 73 of the ** Procurement Law (Draft Revisions for Solicitation of Comments) also stipulates that the method of evaluating the transaction through competitive negotiation is divided into the lowest evaluation price method and the comprehensive scoring method. If the comprehensive scoring method is adopted, the plan and ** shall be used as the main evaluation factors. The negotiating document may provide for a segmented review of the programme and ** parts.
03. Can projects that do not meet the procurement quota standards be subject to competitive negotiation?Answer: Outside the centralized procurement catalogue and below the procurement quota standard, the ** procurement law does not apply, and the purchaser shall purchase by itself in accordance with the internal control system. The projects procured by the purchaser themselves shall also be implemented mutatis mutandis in accordance with the relevant provisions of the relevant laws and regulations on procurement, but the procedures stipulated by the financial supervision and management department at the same level shall no longer be performed.
Legal basis: Paragraph 2 of Article 2 of the Procurement Law The term "Procurement Law" in this law refers to the use of financial funds by state organs, institutions and organizations at all levels to purchase goods, projects and services within the centralized procurement catalogue formulated in accordance with the law or above the procurement quota standard.
04. Can competitive negotiation be used for projects such as engineering design and supervision that are not required to be tendered?A: Yes. For engineering procurement projects that are not required to be tendered, the "Procurement Law" and the "Regulations for the Implementation of the Procurement Law" shall apply, and the procurement may be carried out through competitive consultation.
Legal basis: Article 7 of the "Regulations for the Implementation of the Procurement Law" ** If the procurement of projects and goods and services related to project knowledge is procured by bidding, the "Bidding and Bidding Law of the People's Republic of China" and its implementation regulations shall applyIf other methods of procurement are adopted, the ** Procurement Law and these Regulations shall apply.
*Procurement Competitive Negotiation Procurement Interim Measures for the Administration of Procurement Methods (Cai Ku [2014] No. 214) Article 3 of the following conditions can be carried out through competitive consultation;(E) in accordance with the Tendering and Bidding Law and its implementation regulations must be tendered for engineering construction projects other than engineering construction projects.
Can 10,000 yuan decoration projects be procured through competitive negotiation?A: Yes. The estimated price of a single construction contract may not meet the scale standard of the project that must be tendered, but it reaches the standard of the procurement limit of the project, and the "** Procurement Law" and the "** Procurement Law Implementation Regulations" shall apply. Competitive negotiation, single procurement, and competitive negotiation can be used to carry out procurement.
Legal basis: Article 3 of the Interim Measures for the Management of Procurement Methods through Competitive Negotiation in Procurement (Cai Ku [2014] No. 214) can be procured through competitive negotiation in accordance with Article 3 of the following conditions: (5) Engineering construction projects other than engineering construction projects that must be tendered in accordance with the Bidding and Bidding Law and its implementation regulations.
06. In competitive negotiations, does the first ** need to be made public in the "tender announcement"?A: No. In the non-tendering method, there is no bid opening and opening link similar to public bidding. During the negotiation process, neither party to the negotiation shall disclose the technical data, information and other information related to the negotiation.
Legal basis: Article 6 of the Administrative Measures for Procurement of Non-bidding Procurement (Decree No. 74 of the Ministry of Finance) The purchaser and the procurement agency shall, in accordance with the provisions of the Procurement Law and these Measures, organize and carry out non-bidding procurement activities, and take necessary measures to ensure that the review is carried out in strict confidentiality.
07. In the end, the competitive negotiation procurement exceeded the budget, and the purchaser was willing to accept it, what should I do?Answer: If the merchant finally exceeds the budget (or the maximum price), whether the purchaser can pay or not, accept it or not, the procurement shall be terminated. Otherwise, the purchaser will be held accountable.
Legal basis: Article 6 of the Procurement Law **Procurement shall be carried out in strict accordance with the approved budget.
08. Can competitive negotiation procurement be used for goods procurement projects?Answer: In practice, except for engineering construction projects other than the first purchase project and the engineering construction project that must be tendered, other projects are generally not suitable for competitive negotiation.
Legal basis: Although the competitive negotiation procurement method stipulates the first weight, not all goods procurement items can be used, and it is limited to the goods in Article 3 (2), (3) and (4) of the Interim Measures for the Administration of Competitive Negotiation in Procurement (Cai Ku [2014] No. 214). For the procurement of other goods, the supervision and management department generally does not approve it.
09. Competitive negotiation project, can the second **time** quote 0 yuan acceptable?Answer: The second ** is the negotiation matter, not the last **, if the negotiation document has provisions should meet the deadline.
Legal basis: Article 11 of the Administrative Measures for Non-bidding Procurement Methods of Procurement (Order No. 74 of the Ministry of Finance) Negotiation documents and inquiry notices shall include business qualifications, procurement invitations, procurement methods, procurement budgets, procurement requirements, procurement procedures, composition or requirements, response document preparation requirements, deadline and place for submission of response documents, amount and form of deposit payment, and criteria for assessing transactions.
10. Does the second round of competitive negotiation need to be made public?A: No, it cannot be disclosed.
Legal basis: Article 38 of the Procurement Law All members of the negotiation team shall negotiate separately with a single merchant. During the negotiation, any party to the negotiation shall not disclose the technical materials, technical materials and other information of other business parties related to the negotiation. If there are substantial changes to the negotiation documents, the negotiation team shall notify all the negotiators participating in the negotiation in writing.