Article 10 of the Procurement Law stipulates that procurement shall be the procurement of domestic goods, works and services, but imported products may be procured if certain conditions are met, and the procurement procedures shall follow the relevant regulations.
One. Under what circumstances can imported products be purchased?
1) The products that the purchaser needs to purchase are not available in China or cannot be obtained under reasonable commercial conditions;
2) Purchases made for use outside of China;
3) Other laws and regulations provide otherwise.
Two. What rules and regulations should be followed for the procurement of imported products?
The procurement of imported products shall follow the "Administrative Measures for the Procurement of Imported Products", and the relevant regulations shall also be followed if imported mechanical and electrical products are involved.
Three. **What department will review and manage the procurement of imported products?
* The procurement of imported products shall be reviewed and managed by the financial departments of the people's governments above the cities divided into districts and autonomous prefectures in accordance with the law.
Four. **What should be filled in for the purchase of imported products**?
When the purchaser really needs to purchase imported products, it shall issue the following ** materials and be approved by the financial department before it can carry out ** procurement activities in accordance with the law:
* Application form for the purchase of imported products;
Copies of national laws, regulations and policy documents on encouraging the import of products;
The industry to which the imported products belong is divided into districts.
"Opinions of the competent department of the industry to which the imported products belong are purchased" issued by the competent department at or above the municipal and autonomous prefecture level;
The expert group issued the "expert argumentation opinion on the procurement of imported products".
Among them, if the imported products to be purchased belong to the national laws, regulations and policies that clearly stipulate that imported products are encouraged, the above-mentioned ** materials shall be issued; If the imported products to be purchased belong to the products that are clearly restricted from being imported by national laws, regulations and policies, the above-mentioned ** materials and materials shall be issued.
Five. What departmental opinion should be issued by the purchaser if it intends to purchase major technical equipment and major industrial technology restricted by the state, or major scientific instruments and equipment restricted by the state?
If the purchaser intends to purchase major technical equipment and major industrial technology restricted by the state, it shall issue the opinion of the National Development and Reform Commission of the People's Republic of China.
If the purchaser intends to purchase major scientific instruments and equipment restricted by the state, it shall issue the opinion of the Ministry of Science and Technology of the People's Republic of China.
Six. How should the expert group for the demonstration of the procurement of imported products be formed?
The expert group for the demonstration of the procurement of imported products shall be composed of an odd number of more than five people, which must include one legal expert; The product technical expert must be an expert who is not from the unit and is familiar with the product. The representative of the purchaser shall not participate as a member of the expert group.
Seven. Can the experts involved in the demonstration be the procurement review experts for the same project?
Experts participating in the demonstration shall not participate in the procurement review of the same project as procurement review experts.
Eight. The principles that should be followed in the procurement of imported products.
1.** The procurement of imported products should be preferentially carried out by public bidding, and if other procurement methods need to be used due to special circumstances, it shall be implemented in accordance with the relevant provisions of ** procurement;
2.The procurement text shall indicate that priority shall be given to the procurement of imported products of the leading merchants who transfer technology to Chinese enterprises and sign a digestion, absorption and re-innovation plan with Chinese enterprises;
3.If the purchaser needs to continue to purchase the original procurement items from the original supplier due to the consistency of the product or the service supporting requirements, it does not need to be re-examined, but the total amount of additional purchase funds does not exceed the original contract procurement amount.
4.In the performance of the contract, if the purchaser really needs to add the same products as the subject matter of the contract, without changing other terms of the contract, and the purchase amount of all supplementary contracts does not exceed 10% of the purchase amount of the original contract, it can negotiate with the first merchant to sign a supplementary contract, and no need to re-review.
Nine. Under what circumstances should the purchaser terminate the contract for imported products?
If the performance of the contract endangers the national interest and the social public interest, the procurer shall immediately terminate the execution of the contract.