We know that in the third paragraph of Article 31 of the Administrative Measures for the Bidding and Bidding of Procurement of Goods and Services (Decree No. 87 of the Ministry of Finance), it is clearly stipulated that for non-single product procurement projects, the purchaser shall reasonably determine the core products according to the technical composition of the procurement project and the proportion of the product, and specify it in the bidding documents.
Therefore, it is already a consensus that the core products must be determined in the bidding and procurement.
However, in non-bidding procurement, should the core products be set?
There are no relevant provisions and requirements for determining core products in the "Measures for the Administration of Non-bidding Procurement Methods for Procurement" (Decree No. 74 of the Ministry of Finance), the "Interim Measures for the Administration of Procurement Methods of Competitive Negotiation in Procurement" (Cai Ku 2014 No. 214), as well as its superior laws "Procurement Law of the People's Republic of China" and "Regulations for the Implementation of the Procurement Law of the People's Republic of China".
However, in the practice of procurement, it seems that it has been "customary" to determine the core products in the procurement of goods by non-bidding method (except for a single procurement). So, if there is no core product in the procurement of goods in a non-bidding way, is it illegal and illegal?
I searched on the Internet with the keyword "does it necessary to set the core product for non-bidding procurement of goods", and there were many answers, including many so-called "authoritative" answers from the financial department, indicating that there are many people who are concerned about this issue. But there is no single "right" answer.
There are two main views: the first view is that "the core product should be set for the procurement of goods by non-bidding method". "Should" here means necessary. Another view is that "the procurement of goods by non-bidding method can refer to Decree No. 87 to set the core products". "Yes" here means that the core product can also be omitted.
Personally, I prefer to agree with the first point of view, that is, "the core product should be set for the procurement of goods by non-bidding method". There are two reasons for this:
First, from the perspective of the purpose of setting the core products in Order No. 87, it is to compete fairly and prevent bid-rigging and collusion. The same concerns persist in non-tender procurement.
So why is there no relevant provision for core products in Decree No. 74 of the Ministry of Finance and No. 214 of 2014 of the Ministry of Finance? In fact, we can find the answer from the formulation and implementation time of these regulations: Decree No. 87 came into effect on October 1, 2017, while Decree No. 74 of the Ministry of Finance and Decree No. 214 of the Treasury 2014 predate Decree No. 87. I believe that Decree No. 74 and Treasury Circular 2014 No. 214, if revised in the future, should include relevant provisions and requirements for core products. That's the second reason I said.
However, if the purchaser does not set the core products in the procurement of goods in a non-bidding manner, it should not be questioned, complained about and punished, because there is no basis in the law.