If the amount of public bidding is reached, and there is only one bidder bidding or substantive response to the public bidding, can it be converted to a single procurement? How to turn? Is it necessary for professionals to issue unique argumentation opinions, and whether it is necessary to designate ** publicity in the financial departments at or above the provincial level?
Can a failed public tender be converted to a single **?
Chen Yan, a procurement consulting expert of the Fujian Provincial Department of Finance, believes that the failure of public bidding can also be transferred to a single procurement method. Article 43 of the Administrative Measures for Bidding and Bidding for the Procurement of Goods and Services (Decree No. 87 of the Ministry of Finance) stipulates that if there are less than 3 bidders or less than 3 bidders who have passed the qualification examination or compliance review after the bidding deadline, the bidding documents have no unreasonable terms, the bidding procedures comply with the regulations, and other procurement methods need to be procured, the purchaser shall report to the financial department for approval in accordance with the law. "The 'other means of procurement' here obviously includes a single ** procurement. Therefore, after the deadline for bidding, only one of the best bidders or only one substantive response, the bidding documents have no unreasonable terms, and the bidding procedures comply with the provisions, the purchaser can adopt a single ** procurement method after approval. Chen Yan said.
How to adopt a single ** procurement if the public bidding fails? "At present, for the ** budget unit project, it can be implemented in accordance with the "Administrative Measures for the Examination and Approval of the Procurement Method of ** Budget Unit Change" (Cai Ku 2015 No. 36, hereinafter referred to as No. 36 document), and the local budget unit project can be implemented with reference. Yao Jia, the relevant person in charge of Xinjiang bidding and procurement, told reporters, "If you apply for a single procurement method, the purchaser needs to provide the materials for approval of the Ministry of Finance including: the certification materials for the tender announcement published on the procurement network in China, and the explanatory materials issued by the budget unit and procurement agency that do not question the bidding documents and the bidding process, but do not need to provide specific argumentation opinions issued by professionals for the uniqueness of the relevant procurement due to patents, proprietary technology and other reasons. ”
Does the transfer of a single ** need to be demonstrated and publicized?
Is it necessary to conduct a unique demonstration of the public bidding to a single ** procurement method? "In accordance with the law, the tender announcement for public bidding shall be issued in the designated financial departments at or above the provincial level, and from the announcement to the deadline for bidding is not less than 20 days, which has far exceeded the provisions of the 5-working day publicity period for a single ** procurement, and the full disclosure of procurement information has been guaranteed from the procedure, and it is no longer necessary to organize professionals to issue unique argumentative opinions. Su Liqin, a procurement review expert in Xinjiang Uygur Autonomous Region, said.
Does such a project need to be publicized at or above the provincial level? Guo Wei, a procurement review expert in Shanxi Province, told reporters: "According to Article 14 of Document No. 36, the application for a budget unit to change to a single procurement method before the application for publicity, the publicity period shall not be less than 5 working days, and the publicity materials are for soliciting opinions and professional arguments, including the non-discriminatory terms of the bidding documents issued by the evaluation experts, and the relevant opinion materials issued by the ** agency that have not been questioned in the bidding process. ”
However, Tan Xian, a procurement review expert in Shandong Province, believes that according to the provisions of Document No. 50, which came into effect on July 1, 2020, there is no need for publicity. "The format of Document No. 50 does not provide any discriminatory clauses in the bidding documents issued by the evaluation experts, and the relevant opinion materials issued by the ** agency have not been questioned in the bidding process. In other words, such projects cannot be publicized in accordance with Circular 50, and it is presumed that such projects do not need to be publicized before application. For ** budget units, Circular No. 36 and Circular No. 50 are being implemented, and can be implemented in accordance with Circular No. 50 in accordance with the principle of 'the new law is better than the old law'. ”