Article 1 In order to strengthen the management of government procurement and standardize the examination and approval management of government procurement methods of state organs, institutions and organizations at all levels in our city (hereinafter referred to as procurement units), according to the People's Republic of China (PRC) Government Procurement Law (hereinafter referred to as the Government Procurement Law) and the Notice on Printing and Distributing the Administrative Measures for Examination and Approval of Government Procurement Methods and Types in Zhejiang Province (for Trial Implementation) (Zhejiang Zhengban Fa [2007] No.8).
Article 2 For special reasons, if a project that should be subject to public bidding needs to be purchased by non-public bidding, these Measures shall apply to its declaration and examination and approval.
The term "non-public bidding and procurement methods" as mentioned in these Measures refers to inviting public bidding, competitive negotiation, single-source procurement, inquiry and other procurement methods recognized by the Ministry of Finance.
Article 3 The examination and approval of government procurement methods shall follow the principles of "legal authorization, clear responsibilities, appropriate circumstances and simple operation".
Fourth government procurement should adhere to the public bidding as the main procurement method. If it is really necessary to adopt the non-public bidding method due to special circumstances, the selection and determination of the procurement method shall conform to the applicable circumstances stipulated in the Government Procurement Law and these Measures.
Article 5 The application for examination and approval of procurement methods shall be submitted by the procurement unit to the financial department in written form (including electronic data).
Article 6 The municipal finance department shall be responsible for the examination and approval of procurement methods, and the county finance department may be specifically responsible for it with the authorization of the municipal finance department.
Seventh without the approval of the financial department at the same level, the procurement unit shall not conduct procurement activities for projects that should be subject to public bidding by means of non-public bidding.
Chapter II Applicable Conditions
Article 8 A procurement project under any of the following circumstances may apply for public bidding:
(1) It is special and can only be purchased from a limited range of suppliers;
(two) the cost of public bidding accounts for a large proportion of the total value of government procurement projects.
Article 9 A procurement project under any of the following circumstances may apply for competitive negotiation procurement:
(a) the technology is complex or the requirements are special, and it is impossible to determine the detailed specifications or specific requirements;
(two) the time required for bidding can not meet the urgent needs of users;
(3) The total price cannot be calculated in advance;
(four) after the tender, there is no supplier to bid or there is no qualified target, or the new tender cannot be established.
Article 10 A single-source procurement method may be adopted for procurement projects under any of the following circumstances:
(a) Can only be purchased from a single supplier;
(2) Unable to purchase from other suppliers due to unforeseen emergencies;
(3) In order to ensure the consistency of the original purchased items or the requirements of supporting services, it is necessary to purchase from the original supplier, and the additional purchase amount shall not exceed 10% of the original contract purchase amount.
Eleventh procurement specifications and standards are unified, the market spot supply is sufficient and the price changes slightly, you can apply for inquiry procurement.
Article 12 After the deadline for procurement response ends or during the review period, it is found that there are less than three suppliers participating in procurement or making substantive responses to procurement documents. If the procurement documents have been publicly solicited from suppliers in the designated media in advance, and there is no major objection or experts think that "the procurement documents have no unreasonable terms" and the announcement time and procedures are in line with the regulations, the procurement activities can be continued according to the original procurement method; However, if only 1 suppliers participate or respond, or specify the product brand, and the supplier's quotation is higher than the average market price, the procurement should be reorganized after lowering the supplier's specific qualification conditions or technical standards. After that, only 1 suppliers still participate or make substantive responses to the procurement documents, and they can apply for single source or other procurement methods.
Article 13 If the procurement budget is above the open tender limit and the procurement unit applies for the corresponding procurement method, it shall provide three or more government procurement review experts with written opinions on whether the procurement items and requirements meet the above requirements.
Article 14 Where a procurement unit applies for non-public bidding, it shall provide the following materials when reporting:
(1) Approval Form for Change of Jiaxing Municipal Government Procurement Mode (see Annex1);
(two) the opinions of the bid evaluation experts (in accordance with the provisions of article thirteenth of these measures);
(3) A copy of the original contract (in line with the third paragraph of Article 10 of these Measures);
(4) Other materials deemed necessary by the financial department.
"Approval Form of Government Procurement Method" shall fill in the project name, budget amount, procurement method to be adopted, application reasons and other information. If applying for a single source, the supplier to be selected should be stated in the application reason column.
Fifteenth financial department (procurement supervision department) shall, after receiving the application report and related materials of the procurement unit, timely review it, and return it or notify the procurement unit to modify and supplement it within 2 working days; Those who meet the requirements shall be given a reply within 3 working days.
If the financial department needs to publicize or organize expert argumentation in the designated media of government procurement at or above the provincial level according to the regulations, the required time can be deducted.
Sixteenth municipal procurement units in the declaration of the procurement plan to apply for non-public bidding procurement, the application, review and approval of the workflow according to the following provisions:
(1) company declaration. If the procurement unit proposes a non-public bidding procurement method, it shall fill in the Approval Form for the Change of Jiaxing Municipal Government Procurement Method and provide relevant materials to the financial department. Among them, the procurement unit can only fill in the electronic version of Jiaxing Municipal Government Procurement Mode Change Approval Form for projects whose procurement budget does not meet the standard of public bidding, and fill it in from the procurement plan declaration system; For projects whose procurement budget meets the standard of public bidding, the procurement unit shall fill in the paper "Jiaxing Municipal Government Procurement Mode Change Approval Form" and report it.
(2) Financial review. The financial department shall, after receiving the application materials of the unit, conduct timely audit in accordance with the time stipulated in Article 15 of these Measures. The focus of the review is: the integrity of the application materials, the legality and rationality of the application for non-public procurement, and the fairness of expert argumentation. When necessary, the financial department may organize government procurement review experts to demonstrate the applicable conditions of the procurement methods and procurement types applied for.
Review of single-source procurement methods. If a project whose procurement budget reaches the standard above the open tender limit intends to adopt the single-source procurement method, it shall be publicized in the designated media of government procurement at or above the provincial level.
(3) Confirm the reply. For projects whose procurement budget does not meet the standard of open tender, the financial department will directly reply in the form of "Confirmation of Government Procurement Plan", and for projects whose procurement budget meets the standard of open tender, the financial department will reply in the form of "Jiaxing Municipal Government Procurement Approval Form".
Seventeenth municipal procurement units in the financial sector issued a "government procurement plan confirmation" after the application for non-public bidding, the application, review and approval workflow according to the following provisions:
(1) company declaration. If the procurement unit proposes a non-public bidding procurement method, it shall fill in the paper "Jiaxing Municipal Government Procurement Method Change Approval Form" and provide relevant materials to the financial department.
(2) opinions signed by the intermediary. Where a centralized procurement institution is entrusted, it shall be signed by the centralized procurement institution; Entrust a social intermediary, it shall be signed by the social intermediary.
(3) Financial review. The financial department shall, after receiving the application materials of the unit, conduct timely audit in accordance with the time stipulated in Article 15 of these Measures. The focus of the review is: the integrity of the application materials, the legality and rationality of the application for non-public procurement, and the fairness of expert argumentation. When necessary, the financial department may organize government procurement review experts to demonstrate the applicable conditions of the procurement methods and procurement types applied for.
Review of single-source procurement methods. If a project with a procurement budget above the open tender standard intends to adopt a single-source procurement method, it shall be publicized in the designated media of government procurement at or above the provincial level.
(4) confirm the reply. The financial department should give a reply in the form of "Jiaxing municipal government procurement mode change approval form".
Chapter IV Legal Liability
Article 18 Where a procurement unit or its entrusted procurement agency adopts public bidding without applying for examination and approval in accordance with the provisions of these Measures and adopts other procurement methods without authorization, it shall be handled by the financial department at the same level in accordance with the relevant provisions of Article 71 of the Government Procurement Law or Article 68 of the Measures for the Administration of Bidding for Government Procurement of Goods and Services (OrderNo. 102). Ministry of Finance 18).
Nineteenth these Measures shall be implemented thirty days after the date of issuance. Counties (cities, districts) can formulate specific implementation rules according to the actual situation.
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