When the purchaser entrusts an agency to handle procurement matters, it shall sign an agency agreement with the purchaser to specify what equipment, etc.

Procurement demand directly determines the success or failure of procurement activities. Specifically, procurement demand refers to the proposed procurement objectives and technical and commercial requirements that the purchaser needs to meet in order to achieve the project objectives. The reporter of "China Bidding" summarized the comments and replies of netizens on the website of the Ministry of Finance, hoping to provide reference for colleagues in the industry.

Q 1

I would like to ask whether experts who have done project demand demonstration in government procurement can audit the procurement of the same project. Do you need to avoid it?

A

At present, the legal system of government procurement does not prohibit experts who participate in the demonstration of project requirements from participating in the evaluation of the same project.

Q2

In the bidding documents of goods (equipment), can three or more reference brands (or three or more reference brands of equipment core components) be listed in the technical requirements, and suppliers are required to select products with the same quality according to the above brands or grades?

A

The technical standards, qualifications and business requirements specified in the procurement documents shall ensure fair competition on the basis of meeting the actual needs of the project, and shall not specifically identify one or several specific patents, trademarks, brands or production suppliers, and shall not favor or exclude other contents of potential suppliers. If the brand or manufacturer must be quoted to accurately and clearly explain the technical standards and requirements of the procurement project, the word "reference or equivalent" should be added before the name of the brand or production supplier, and the quoted brand or production supplier should be replaceable in the market.

Q3

The procurement of multiple subcontracts of the same project needs to be negotiated: the purchaser compiles multiple procurement contents into a procurement plan, and then entrusts an agency to conduct public bidding as the same project. According to the procurement contents, the project is divided into two subcontracts, each with different procurement requirements, scoring rules, contract signing and payment requirements. Excuse me: 1. Can the purchaser subcontract the project in this way and set different bid evaluation methods and scoring rules respectively? 2. Can the purchaser require the supplier to participate in the subcontracting bidding or winning the bid only once? (The supplier has the ability to participate in two projects, but if the purchaser has this requirement, is it unreasonable to restrict the supplier's participation in procurement activities? )

A

1. The purchaser can reasonably divide the procurement items and procurement packages and formulate procurement documents according to the actual project characteristics and procurement requirements. 2. The purchaser can stipulate in the procurement documents that the supplier can participate in the procurement activities of different procurement packages under the same procurement project at the same time, but it cannot be the winning (clinching) supplier of two procurement packages at the same time.

Q4

In the case of non-centralized procurement, because the procurement project is material procurement and there is no government guidance price, according to Article 10 of Decree No.87, "the purchaser shall conduct market research on the market technology or service level, supply situation and price of the procurement object, scientifically and reasonably determine the procurement demand, and calculate the price according to the research and asset allocation standards". Are there any requirements for the implementation of this market survey? Do you need to publish it on designated websites (such as government procurement network) or public websites in the form of announcements? If you don't receive a reply to the supplier's inquiry after publication, can you send a letter directly to a number of potential suppliers for inquiry in the name of the purchaser or agency to carry out this market survey?

A

The relevant provisions of government procurement have no specific requirements on the implementation method of market survey, and the purchaser shall determine the market survey method by himself.

Q5

The canteen of a unit needs to purchase 465,438+ten thousand yuan of ingredients, including chicken, duck, fish, fruits and vegetables, flour seasoning and other varieties (not limited to the above varieties). The specific demand quantity cannot be determined, but the supplier is required to deliver the goods according to the demand of the day and settle the account according to the discount rate of winning the bid. Excuse me, is this a kind of goods or services in government procurement? If it belongs to the category of goods, how to determine the core products through public bidding.

A

With special ingredients, the core products can be uncertain or subcontracted as needed.

Q6

Excuse me, how to define the "same category" in the "same project or category" stipulated in Article 28 of the Regulations on the Implementation of People's Republic of China (PRC) Procurement Law?

A

"Similar" refers to projects with similar requirements, characteristics and attributes, which can be regarded as the same category.

Q7

There is no executable national standard for the target contained in the purchase demand. Can relevant international standards be regarded as substantive requirements? Can the test report that meets international standards be used as proof of compliance? For example, if you buy a physical and chemical board, you need to provide a test report of substances of high concern (EU standard). If not, is there any difference or discrimination against suppliers under unreasonable conditions?

A

If it is necessary to use relevant standards as qualification conditions or evaluation factors according to the actual situation of procurement projects, relevant international standards can be used as qualification conditions or evaluation factors without national standards.

Q8

The public security organ is responsible for coordinating the public bidding of information equipment of its subordinate units. Because the funds are paid by the subordinate units, the bidding documents stipulate that the winning bidder shall sign the contract according to the final demand of the subordinate units and bear the risk that the subordinate units will not sign the contract. Whether there are the above-mentioned illegal acts.

A

For procurement projects with relatively uniform procurement requirements of the department and the system, demand can be collected voluntarily and unified procurement can be carried out.

Q9

A public security organ intends to bid for the professional equipment of several units under its jurisdiction by means of public bidding. It may be because the funds are raised and borne by the units under its jurisdiction, and the bidding documents stipulate that contracts should be signed with the units under its jurisdiction, and the winning unit undertakes the requirement that contracts should not be signed because of the changes in the procurement needs of the units under its jurisdiction. Is it legal and compliant?

A

The purchaser shall specify the procurement requirements before organizing the procurement activities, and sign a written contract with the winning bidder in accordance with the provisions of the bidding documents and the bidding documents of the winning bidder. The signed contract shall not substantially modify the matters specified in the tender documents and the bid documents of the winning bidder. The situation described in the news does not conform to the provisions of the government procurement law.

Q 10

1. uses foreign standards for authentication, but the certificates issued by domestic certification companies, such as CMMI using American standards, or OCM and OCA are standards implemented by Oracle Company in the United States. If these certificates are related to the content of the procurement project, can they be used as extra points? 2. Some examination centers or evaluation centers are subordinate units set up by state departments, and they have no qualification certificates or training certificates with relevant legal basis. If the contents of the certificates are related to procurement projects, they can be used as extra points? 3. If the above two certificates can't be set as extra points, is it a differential treatment or discriminatory treatment under unreasonable conditions? 4. Is it only the certificate prescribed by law that can be used as a bonus item? 5. Does it belong to differential treatment and discriminatory treatment under unreasonable conditions to set the certificate unrelated to the procurement demand as a bonus item, or if the certificate setting is unreasonable?

A

1. The accreditation certificate recognized by the relevant state administrative departments can be used as the qualification conditions and accreditation factors of government procurement. 2 qualification certificates or training certificates without relevant legal basis shall not be used as qualification conditions and evaluation factors for government procurement. 3. Whether the setting of qualification conditions or evaluation factors is differential treatment or discriminatory treatment under unreasonable conditions should be judged according to the specific conditions of the project.

Q 1 1

We are an agency, entrusted to represent an exhibition project with a budget of10 million yuan or more. Question 1: The purchaser intends to adopt the integrated design and construction bidding method, that is, there is no design scheme before bidding, and the bidder is required to provide the design scheme and construction scheme for bidding. In this case, because there is no design scheme, all bidders bring their own schemes, and all construction materials and equipment are inconsistent, which means that there is no unified quotation basis for all parties. Can this comprehensive bidding method be adopted in this case? Question 2: If the financial department approves that the procurement can be conducted by competitive negotiation, then the supplier is required to make a second quotation according to the unified design scheme after the preliminary evaluation. How to leave enough time for the supplier to make a second quotation, because the second quotation in this case is obviously not made by the supplier on the same day and may take several days. How to deal with the review site?

A

In principle, competitive negotiation or competitive negotiation should be adopted for procurement projects with unclear requirements and requiring suppliers to provide design scheme and construction scheme, and the procurement requirements should be clarified first, and then the quotation should be provided. The Interim Measures for the Administration of Competitive Consultation on Government Procurement does not stipulate that the final quotation must be submitted on the same day. The purchaser and the procurement agency can reasonably determine the project progress arrangement according to the actual situation of the project.

Q 12

According to Article 22 of Order No.87, "Under normal circumstances, purchasers and procurement agencies may not require bidders to provide samples, except for special circumstances such as unable to accurately describe the procurement requirements in writing or requiring subjective judgment on the samples to confirm whether they meet the procurement requirements". May I ask your company: 1? In practice, how to define a procurement item as "unable to accurately describe the procurement demand in written form or requiring subjective judgment of samples to confirm whether the procurement demand is met"? 2. Is the item of buying clothes an item for which samples can be requested? 3. Can your answer be applied to all procurement methods such as public bidding, competitive negotiation and competitive negotiation?

A

1. Generally, it is difficult to accurately describe the bidding products in written form or there is a big gap between the written description and the actual samples. For example, fresh agricultural and sideline products need to be judged and compared by means of sense, smell and touch.

2. Whether it is necessary to provide samples when buying clothes cannot be generalized, and it needs to be decided according to the specific situation.

Although the provisions of Order No.3.87 on samples are not applicable to other procurement methods, the principle is the same, and buyers can refer to it when purchasing by other procurement methods.

Q 13

Qualifications of the applicant: 2. Qualification requirements for implementing government procurement policy: According to the Notice on Issues Related to Government Procurement Supporting the Development of Prison Enterprises issued by the Ministry of Finance, 6% of the product price of prison enterprises will be deducted from this project. According to the Notice of the Ministry of Finance, the Ministry of Civil Affairs and the China Disabled Persons' Federation on the Government Procurement Policy for Promoting the Employment of Disabled Persons, this project will deduct 6% from the product price of the disabled welfare unit. Where commodity packaging or express packaging is involved, it shall be implemented in accordance with the Notice of the General Office of the Ministry of Finance, the General Office of the Ministry of Ecology and Environment and the General Office of the State Post Bureau on Printing and Distributing (No.23/KLOC [2020]). Can these be used as qualification requirements? If yes, how to judge whether it is qualified? I understand that whether this project is specifically aimed at small and medium-sized enterprises is a qualification requirement for implementing government procurement policies.

A

For procurement projects specifically for small and medium-sized enterprises, the purchaser shall take the supplier as the qualification condition for participating in government procurement activities. For procurement projects that are not specifically for small and medium-sized enterprises, the proportion of price deduction shall be clearly stipulated in the procurement documents. Requirements for commodity packaging and express packaging should be regarded as substantive requirements in procurement documents, not qualification conditions.

Q 14

The government purchases some property management and decoration projects, and the demand department proposes to conduct on-site reconnaissance before bid evaluation, which is really necessary for some projects. I would like to ask the site survey: first, whether potential suppliers can be prohibited from participating in subsequent bid opening and evaluation activities if they do not participate in the site survey; The second is whether the on-site reconnaissance can be used as a scoring item if it cannot be used as a substantive clause of the waste target.

A

1. Suppliers should not be prohibited from participating in subsequent procurement activities on the grounds that they do not participate in site reconnaissance.

2. The setting of evaluation factors should be related to the quality of goods and services provided by bidders. Whether the supplier participates in the on-site investigation has nothing to do with product quality and service, and should not be used as a review factor.

Q 15

In order to give full play to the advantages of large-scale procurement and reduce procurement costs, multiple purchasers jointly purchase a certain commodity. But for the convenience of work, does it violate the laws and regulations of government procurement to entrust a third-party social organization as an agent and an agent to entrust a bidding agency to conduct public bidding and procurement? For example, many colleges and universities entrust the Provincial College Logistics Association (a social organization registered in the Civil Affairs Department) to conduct joint bidding and purchasing of rice on behalf of colleges and universities. Association does not have the qualification of government procurement agency, is it feasible to accept the entrustment of universities to carry out relevant procurement work?

A

According to the provisions of the Government Procurement Law, in principle, government procurement should be carried out by the purchaser according to the procurement items. For procurement projects with * * * demand, the purchaser may voluntarily purchase jointly or entrust an agency to package the procurement.

Q 16

1. Is it illegal to purchase a variety of network security products with different functions for an open tender project, and the core products are not specified in the procurement documents? 2. The purchaser believes that all procurement requirements are not allowed to deviate, and they are all core products. Can you leave it unmarked?

A

The purchaser shall, in accordance with the requirements of the Measures for the Administration of Public Procurement of Goods and Services (Order No.87 of the Ministry of Finance), reasonably determine the core products according to the technical composition of the procurement project and the price ratio of the products, and clearly mark them in the procurement documents. The purchaser may not set the core product according to the actual situation.

Q 17

In the process of bidding for goods, after the announcement of winning the bid, when the purchaser signs a contract with the winning bidder, it is found that the parameter description of the goods demand list in the winning bidder's bidding documents is inconsistent with the parameter description of the technical deviation table. How to deal with this situation?

A

If the purchaser finds that the bid evaluation committee fails to conduct bid evaluation in accordance with the bid evaluation procedures, methods and standards stipulated in the bid evaluation documents, it shall report to the financial department, which shall handle it according to law.

Q 18

The 2020 annual report was approved by the Ministry of Finance to purchase imported products. Due to special reasons, procurement activities were not started in that year. If it is an imported product purchased on 202 1, does it need to be submitted to the Ministry of Finance for approval again?

A

In 2020, the procurement projects of imported products that have been approved by the financial department cannot be carried out for some reason, and the procurement requirements such as procurement objects, quantities and specifications remain unchanged. 202 1 purchasing activities can be directly organized without repeatedly reporting to the financial department for review.

Q 19

The Ministry of Finance 102 Order clearly stipulates that for government-purchased service projects with relatively fixed procurement contents, strong continuity, stable sources of funds and small price changes, service contracts with a performance period of no more than three years can be signed. How is this article specifically implemented? Since the procurement budget is usually applied for and implemented on an annual basis, can the purchaser specify in the procurement documents that the service period of the contract is three years, and the contract is implemented in the form of one-year signing? Or must I declare a three-year budget and sign a three-year service contract at one time?

A

For service projects with relatively fixed and continuous procurement demand and little price change, a contract with a term of three years can be signed in accordance with the provisions of the procurement documents, or it can be signed once a year on the premise of ensuring the annual budget. The procurement budget shall be declared year by year. In practice, it is suggested to sign once a year, and the procurement period and renewal conditions of no more than 3 years should be clearly defined in the procurement documents.

Q20

The consultation and evaluation service project adopts the procurement method of public bidding, and the bidding quotation adopts the preferential rate on the basis of the established standard cost of consultation and evaluation, and the service fee actually paid by the purchaser is settled according to the preferential rate of the winning bidder; Because the number and investment of potential projects that need consulting and evaluation are uncertain every year, the actual settlement service fee varies greatly every year, but the annual procurement budget can be guaranteed, and the service content, standards and requirements of consulting and evaluation remain unchanged. May I ask whether this kind of project is applicable to the Notice of the Ministry of Finance on Promoting and Perfecting Government Procurement of Service Projects (Caiku [20 1 4] No.37), that is, "the purchaser can sign a government procurement contract with a performance period of no more than 3 years on the premise of ensuring the annual budget", that is, "Zhao1unit.

A

The items mentioned in the news specifically do not conform to the provisions of Caiku [2065438+04] No.37 on fixity, continuity and small price change.

Q2 1

If the purchasing time, demand and product quantity cannot be determined, it is determined whether multiple suppliers are within the scope of DocumentNo. through public bidding, and customers can choose independently. Finance Office [202 1] 14?

A

Except for the agreed supply and fixed-point procurement used in small-scale sporadic procurement, all kinds of supplier libraries, such as alternative libraries, catalog libraries and qualification libraries, which are established for the procurement projects above the government procurement quota standard or in the centralized procurement catalogue as the qualification conditions for participating in government procurement activities are within the scope of document 14. Please judge for yourself according to the above range.

Q22

Our unit belongs to the main body of government procurement, and there are some sporadic legal services every year (the single cost is very small), but we don't know the quantity, because no one knows whether there is a lawsuit or not, so it is impossible to have an accurate budget. However, according to the number of previous years, it is possible that all cases in a year add up, and the total service fee may exceed the local decentralized procurement quota standard. In this case, should we choose a law firm first through government procurement? Can't sign the contract directly? However, the number of cases per year is uncertain. Theoretically, there may not be a single case, or there may be more cases a year, so we can't calculate how much money we need in advance. If you don't go through government procurement, you are afraid to be burdened with the responsibility of evading government procurement.

A

For legal services and other procurement projects for which the total price cannot be calculated, we should select specific suppliers according to legal procedures and sign government procurement contracts according to the principle of quantity and price equivalence on the premise of clarifying the procurement requirements such as service standards and pricing principles. For procurement projects that can be undertaken by suppliers, they can sign procurement contracts with fixed unit price and variable quantity. If it is really necessary for multiple suppliers to share responsibilities, reasonable subcontracting can be carried out according to factors such as business nature and service area, and the corresponding procurement business can be determined to a specific supplier through competition.

Question 23

Whether it is reasonable to set the scoring method based on authorization, that is, how many points can be scored by authorization and how many points can not be scored without authorization. If it is unreasonable, then in the equipment bidding, the three companies have the same corresponding equipment parameters at the same time, and there is no deviation, so how to prove the legal source of the equipment? The manufacturer's authorization is accompanied by the manufacturer's service. Without legal authorization, how can equipment sales and maintenance be guaranteed?

A

In order to avoid differential or discriminatory treatment of suppliers, the authorization, commitment, certificate and endorsement of manufacturers should not be used as qualification conditions in procurement documents, nor should they be encouraged as evaluation factors. Regarding the equipment maintenance mentioned in the news, the purchaser and its entrusted agency shall not force the original factory service in the procurement documents, but shall make clear requirements for equipment maintenance and other requirements in the procurement documents, and the supplier will make a commitment.

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