The Measures for the Management of Government Procurement Requirements are applicable to the demand management of government procurement projects.

At present, there are six legal procurement methods: public bidding, invitation bidding, competitive negotiation, single-source procurement, inquiry and competitive negotiation.

At present, there are six legal procurement methods. It is one of the important differences between government procurement contracts and general civil contracts to conclude contracts by compulsory special law. Choosing the procurement method legally and reasonably needs to accurately understand and comprehensively grasp the nature, characteristics, applicable occasions, bid evaluation methods or trading rules, supplier invitation methods and the nature and characteristics of different supplier invitation methods. However, in practice, no matter the purchasing unit and its competent budget unit, or the supervision and management departments such as finance and auditing, the understanding of purchasing methods is far from accurate and comprehensive. This paper attempts to discuss and analyze the institutionalized procurement mode according to the provisions of the current government procurement law, clarify the ambiguity, provide support for the procurement unit to choose and use the procurement mode legally and reasonably from the perspective of procurement demand management, and provide necessary reference for the supervision and management departments such as finance and auditing to supervise and manage according to law. Procurement implementation plan:

The term "procurement implementation plan" as mentioned in these Measures refers to the arrangements made by the purchaser for the conclusion and management of the contract around the realization of the procurement demand.

The procurement implementation plan is determined according to laws and regulations, government procurement policies and relevant national regulations, and combined with the characteristics of procurement demand.

The procurement implementation plan mainly includes the following contents:

(1) Contract conclusion arrangements, including the budget (approximate calculation) of the procurement project, the maximum price, the time schedule of procurement activities, the procurement organization form and agency arrangement, the division of procurement packages and subcontracts, the qualifications of suppliers, procurement methods, competition scope and bid evaluation rules.

(2) Contract management arrangement, including contract type, pricing method, main terms of contract text, performance acceptance plan and risk control measures.

The purchaser shall implement the functions of supporting government procurement policies such as innovation, green development and the development of small and medium-sized enterprises by determining supplier qualifications and formulating evaluation rules.

The purchaser shall, according to the requirements of the implementation of the procurement project, fully consider the time required for procurement activities and the factors that may affect the implementation of procurement activities, and reasonably arrange the implementation time of procurement activities.

The purchaser must entrust the centralized procurement institution to purchase the projects listed in the centralized government procurement catalogue. Items outside the government centralized procurement catalogue can be purchased by themselves, or they can choose to entrust centralized procurement institutions or procurement agencies other than centralized procurement institutions to purchase.

The purchaser shall, in accordance with the principle of facilitating the implementation of the procurement project, specify the requirements for subcontracting the procurement package or contract. When dividing procurement projects into procurement packages, it is necessary to determine the procurement mode, competition scope, bid evaluation rules, contract type, contract text, pricing method and other related contract conclusion and management arrangements for each procurement package.

According to the characteristics of procurement demand, supplier qualification conditions are directly related to the function and quality of the procurement object and the supplier's performance ability, and are the necessary conditions for fulfilling the contract, including specific professional qualifications or technical qualifications, equipment and facilities, performance, professional talents and their management ability. When performance is the qualification condition, suppliers are generally required to provide no more than two similar business contracts, and the specific scope of similar business is clear. The procurement of innovative products supported by government procurement policies shall not put forward performance requirements such as similar business contracts, number of production units, and service life.

The selection of procurement methods, bid evaluation methods and pricing methods shall conform to the statutory applicable circumstances and the characteristics of procurement needs. Among them, if the procurement methods other than public bidding are needed due to special circumstances, it shall be approved according to law.

Procurement projects with objective and clear procurement requirements and unified specifications and standards, such as general equipment and property management, are generally purchased by bidding or inquiry. When awarding contracts, price is the main consideration, and fixed total price or fixed unit price is adopted.

Procurement projects with objective and clear procurement requirements, complex technology or strong professionalism, such as large-scale equipment and consulting services, are generally purchased by means of bidding and negotiation (consulting), and the products with the best cost performance are selected through comprehensive evaluation, and fixed total price or fixed unit price pricing is adopted.

For procurement projects where objective indicators cannot be completely determined and suppliers need to provide design schemes, solutions or organizational schemes, such as initial purchase orders, design services, cooperation between government and social capital, etc., negotiation (negotiation) is generally adopted, and bid evaluation methods are selected according to factors such as single scheme quotation, multi-scheme quotation, cost performance requirements, etc., and single or combined pricing methods such as fixed total price or fixed unit price, cost compensation and performance incentive are adopted according to the requirements of achieving project objectives.

Generally, suppliers are invited to participate in government procurement activities in an open way, unless laws and regulations stipulate that they can compete in a limited range or can only purchase from a single supplier.

If the comprehensive evaluation method is adopted, the evaluation factors shall be determined according to the procurement requirements and other factors related to the realization of the project objectives.

For procurement projects with objective and clear procurement requirements, the objective but unquantifiable indicators in the procurement requirements should be regarded as substantive requirements and not as scoring items; Indicators participating in scoring should be quantitative indicators in purchasing demand, and different corresponding scores should be set for scoring items according to the order of quantitative indicators. For procurement projects where objective indicators cannot be completely determined and suppliers need to provide design scheme, solution or organization scheme, the importance and priority of different technical routes, organization forms and related indicators can be clarified as far as possible in combination with demand survey, and objectively quantified evaluation factors, scores and weights can be set. Price factors should be determined in accordance with the relevant provisions of the score and weight.

If the procurement project involves subsequent procurement, such as large equipment, compatibility requirements should be considered. Suppliers can be required to quote the price of subsequent supply, as well as the substitutability of subsequent procurement, related products and valuation, as factors to be considered in the review.

If the supplier needs to provide design scheme, solution or organization scheme, and the supplier's experience and ability have a direct impact on performance, such as ordering, design and other procurement projects, the supplier's performance ability requirements can be properly considered in the evaluation factors, and the score and weight can be set reasonably. Suppliers need to provide designs, solutions or organizational plans. If the purchaser thinks it is necessary to consider the life cycle cost, it can specify the service life, and ask the supplier to take the life cycle cost such as installation and commissioning cost, energy management during service, waste treatment, etc. as factors to be considered in the review.

The contract type is determined according to the typical contract type stipulated in the Civil Code and the actual situation of the procurement target.

The text of the contract shall contain all statutory necessary clauses and procurement requirements, including but not limited to the name of the procurement target, quality and quantity (scale) of the procurement target, performance time (time limit), place and method, packaging method, price or remuneration, payment schedule, payment method of funds, standards and methods of acceptance and delivery, scope and duration of quality warranty, liability for breach of contract and dispute resolution.

Where the procurement project involves the ownership and disposal of the intellectual property rights of procurement targets such as information construction projects such as ordering, design and customized development, the ownership and disposal methods of intellectual property rights shall be agreed upon. The purchaser can divide the performance stages of the contract according to the characteristics of the project, and define the assessment requirements by stages and the corresponding payment schedule. For long-term projects, cost, income and possible major market risks should be fully considered, and cost compensation and risk sharing should be stipulated in the contract.

Contract rights and obligations should be set around procurement requirements and contract performance. Where the relevant departments of the State Council have formulated the standard text of government procurement contract according to law, the standard text shall be used. For procurement projects falling within the scope specified in Article 11 of these Measures, the contract text shall be examined and approved by the legal consultant hired by the purchaser.

The performance acceptance plan shall specify the subject, time, method, procedure, content and acceptance standard of performance acceptance. The purchaser and procurement agency may invite other suppliers or third-party professional organizations and experts to participate in the acceptance, and the relevant acceptance opinions shall be used as reference materials for the acceptance. The public services provided by the government to the society shall invite the clients to participate in the acceptance and express their opinions, and the acceptance results shall be announced to the society.

The acceptance content should include the performance of each technical and commercial requirement, and the acceptance standard should include all objective and quantitative indicators. If the objective standard is not clear and involves subjective judgment, it can be transformed into an objective quantitative acceptance standard by conducting a questionnaire survey among buyers and users.

The phased implementation of procurement projects should be combined with phased evaluation, and the requirements for phased acceptance should be clearly defined. Goods can be provided with multiple acceptance links such as factory inspection, arrival inspection, installation and commissioning inspection, and supporting service inspection as required. The project acceptance plan shall conform to the standards, methods and contents stipulated by the industry management department.

The performance acceptance plan shall be stipulated in the contract.

For the procurement projects specified in Article 11 of these Measures, it is necessary to study the risks in the procurement process and contract performance, judge the link, possibility, influence degree and control responsibility of the risks, and put forward targeted disposal measures and alternative schemes.

Risks in the process of procurement and contract performance include changes in national policies, changes in implementation environment, major technological changes, adjustment of budget items, procurement progress affected by doubts and complaints, procurement failure, failure to sign or perform contracts as required, and damage to national interests and social interests.

The financial departments at all levels shall, in accordance with the principle of simplicity and necessity, clearly specify the specific contents of the procurement implementation plan submitted to the financial department for the record, including the category, name, procurement target, procurement budget, procurement quantity (scale), organization form, procurement method, implementation of government procurement policies, etc.

legal ground

People's Republic of China (PRC) government procurement law

There are several ways of government procurement: public bidding, invitation bidding, single-source procurement, competitive negotiation, competitive negotiation and inquiry.

If there is any doubt about government procurement, according to the Measures for Questioning and Complaining about Government Procurement (Order No.94 of the Ministry of Finance), if a supplier thinks that his rights and interests have been damaged by procurement documents, procurement process, bid winning or transaction results, he may, within 7 working days from the date when he knows or should know that his rights and interests have been damaged, submit a written query to the purchaser and procurement agency. The purchaser and procurement agency shall not refuse the inquiry letter sent by the questioned supplier within the statutory inquiry period, but shall make a reply within 7 working days after receiving the inquiry letter, and notify the questioned supplier and other relevant suppliers in writing. If the supplier is not satisfied with the reply of the purchaser or procurement agency, or if the purchaser or procurement agency fails to reply within the specified time, it may lodge a complaint with the relevant financial department within 15 working days after the reply expires.