Notice of the Department of Finance of Inner Mongolia Autonomous Region on regulating the management of single-source government procurement

Neicaigou [2022] No. 701

All budget units at the autonomous region level, the Finance Bureaus of all league cities, and the Finance Bureaus of Manzhouli and Erenhot Municipalities:

For Further strengthen the supervision and management of government procurement activities, enhance the transparency of government procurement, and continue to optimize the government procurement business environment. According to the "Government Procurement Law of the People's Republic of China" (hereinafter referred to as the "Government Procurement Law") and the " Regulations for the Implementation of the Government Procurement Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations of the Government Procurement Law), "Measures for the Administration of Non-Tendering Procurement Methods for Government Procurement" (Ministry of Finance Order No. 74) and other relevant laws, regulations and departmental rules are now further standardized The notice on the management of single-source procurement in our district is as follows:

1. Applicable situations of single-source procurement

For procurement projects within the centralized procurement catalog or above the decentralized procurement quota standard, the purchaser shall decide according to the specific requirements of the project. circumstances, applying for single-source procurement in accordance with the law shall comply with one of the three situations stipulated in Article 31 of the Government Procurement Law.

(1) Can only be purchased from a sole supplier, which mainly refers to the fact that the goods or services use irreplaceable patents or proprietary technologies, or the company's service items have special requirements, resulting in that they can only be purchased from Purchase from a specific supplier. If a project using patented or proprietary technology is purchased from a single source, it must meet the following three conditions at the same time:

1. The project function determines that specific patents, proprietary technology or services must be used, not procurement People’s subjective requirements. Just because the project is technically complex or technically difficult cannot be used as a reason for single-source procurement.

2. The patents, proprietary technologies or services used in the project are irreplaceable. If different patents, proprietary technologies or services are used for substitution, which can meet the same or similar project functions without affecting the quality and use effects of the project, single source procurement cannot be used.

3. Because the patents, know-how or services of the product or production process are exclusive, they can only be provided or implemented by a specific supplier and cannot be provided or implemented by other suppliers.

(2) In case of unforeseen emergencies, purchases from other suppliers cannot be made. This provision does not apply if the project is foreseeable and the project is urgent due to the purchaser's lack of reasonable planning.

(3) It is necessary to ensure the consistency of the original procurement items or the requirements for supporting services, and it is necessary to continue to purchase additional items from the original supplier, and the total amount of additional purchase funds does not exceed 10% of the original contract purchase amount. .

2. Strictly regulate single-source procurement

For goods and service procurement projects that meet the public bidding amount standards, if the purchaser intends to purchase from a single source, it must be strictly demonstrated.

(1) For goods and service procurement projects that fall under the circumstances specified in Paragraph 1 of Article 31 of the Government Procurement Law and meet the public bidding amount standards, the purchaser shall report to the competent budget department before the procurement activity begins. After the unit agrees, it will publish information such as the procurement project and the name of the unique supplier on the Inner Mongolia Autonomous Region Government Procurement Online. The publicity period shall not be less than 5 working days.

(2) Government procurement projects that do not meet the public bidding amount standards and meet the circumstances specified in Paragraph 1 of Article 31 of the Government Procurement Law and can only be purchased from a single supplier may use a single source in accordance with the law. Procurement method. Such projects do not need to be submitted to the financial department for approval before procurement activities begin, nor do they need to be publicized on the Inner Mongolia Autonomous Region Government Procurement Network.

For such procurement projects, purchasers and procurement agencies should strictly comply with the "Government Procurement Law", "Government Procurement Law Implementation Regulations" and "Measures for the Management of Non-Tendering Procurement Methods in Government Procurement" (Order No. 74 of the Ministry of Finance) No.), organize professionals with relevant experience to negotiate with suppliers on reasonable transaction prices and ensure the quality of procurement projects.

(3) If any supplier, unit or individual has objections to the single-source procurement method, he or she may give written feedback to the purchaser or procurement agency during the publicity period, and send a copy to the financial department at the same time. .

After receiving the objection, the purchaser or procurement agency shall organize a supplementary demonstration within 5 working days after the expiration of the publicity period. If the objection is deemed to be established after the demonstration, other procurement methods shall be adopted in accordance with the law; if the objection is deemed not to be established after the demonstration, the purchaser or procurement agency shall Inform the supplier, unit or individual who raised the objection of the supplementary argumentation conclusion, and report the objections, argumentation opinions and publicity information to the financial department at the same time.

(4) For projects purchased by the purchaser using a single source method, the purchaser shall conduct procurement demand management and demand investigation on the Inner Mongolia Autonomous Region Government Procurement Cloud Platform. Conduct in-depth investigations into the market competition, supply and demand environment, service levels, etc. of the procurement target to form a unique market investigation conclusion. The purchaser can invite professionals with relevant experience to conduct procurement demand demonstration. The demonstration opinions should be objective, complete, clear and unambiguous, detail the labor, materials and other expenses required for the project, and conduct price calculations based on historical transaction information of similar procurement projects. , ensuring a reasonable transaction price and ensuring the quality of procurement projects.

(5) The purchaser shall organize a demonstration team composed of more than 3 (odd number) professionals to demonstrate the adoption of single-source procurement. Professionals cannot have a direct interest in the demonstration project, and cannot be staff of their own unit or potential suppliers and related units. The purchaser can select demonstration experts in corresponding professional fields according to the characteristics of the procurement project.

3. Approval of single-source procurement method

(1) If goods and services that meet the public bidding amount standard are planned to be purchased from a single source, there will be no objection after the expiration of the publicity period. The budget shall be submitted to the financial department of the autonomous region or league city for approval according to the budget level. The budget unit at the banner and county level shall report to the financial department of the league city for approval. The following materials need to be submitted for approval:

1. A letter from the budget unit in charge agreeing to the purchaser’s single-source procurement method.

2. The purchaser’s application for single-source procurement. Specifically include the following content: the name, contact person and contact number of the purchaser; basic information such as the name of the procurement project and project overview; the project budget amount; the reason for the proposed single-source procurement method; the name and address of the proposed unique supplier, etc. ; Announcement time for single-source procurement and explanation of whether there are any objections to the announcement. If there are objections, objections, explanations of the organization’s supplementary argumentation, and objection argumentation opinions must be provided.

3. Professionals’ specific arguments for the uniqueness of relevant suppliers due to patents, proprietary technologies, etc. The arguments require professionals to separately discuss and sign.

4. Basic information for professionals. Including professional names, work units, professional titles, etc.

5. Market research and price calculation.

6. Disclosure of purchasing intentions (system printout).

7. Disclosure of single-source procurement method (system printout).

(2) If it falls under the circumstances of Item 3 of Article 31 of the Government Procurement Law and reaches the public bidding amount standard, the application documents of the budget unit in charge and a copy of the original procurement project contract shall also be submitted to the financial department. pieces.

IV. Execution of single-source procurement method

Single-source procurement shall strictly abide by the contract-making principles and standards for invitations to treat, offers, and commitments in the "People's Republic of China and the Civil Code" Procurement execution procedures shall prevent direct signing of contracts for procurement and shall be subject to strict acceptance inspection.

(1) Purchasers and procurement agencies should prepare single-source procurement documents and clarify specific procurement requirements based on government procurement policies, procurement budgets, and procurement requirements.

(2) Purchasers and purchasing agencies should organize professionals with relevant experience to negotiate with suppliers on reasonable transaction prices and ensure the quality of procurement projects. If the quotation exceeds the procurement budget, the bid shall be cancelled.

(3) After the consultation and negotiation, the single-source procurement personnel shall prepare a negotiation record and have it signed by all persons participating in the consultation and negotiation. Negotiators who have objections to the results of the consultation and negotiation should sign their disagreement on the consultation and negotiation record and explain the reasons. Otherwise, the results of the consultation and negotiation will be deemed to be recognized.

(4) The purchaser shall determine the supplier based on the negotiation results within 5 working days after completing the single-source negotiation on its own or receiving the negotiation report submitted by the procurement agency.

(5) The purchaser and procurement agency shall publish an announcement of the transaction results on the Inner Mongolia Autonomous Region Government Procurement Network within 2 working days from the date the supplier is determined, and at the same time issue a transaction notice to the supplier. Book.

(6) The purchaser and the supplier shall sign a government procurement contract in accordance with the matters determined in the procurement documents within 30 days from the date of issuance of the transaction notice.

(7) The purchaser shall announce the procurement contract on the Inner Mongolia Autonomous Region Government Procurement Online within 2 working days from the date of signing the contract, except for content involving state secrets and commercial secrets; Within 7 working days from the date of purchase, a copy of the purchase contract shall be submitted to the financial department at the same level for filing.

(8) The purchaser or the procurement agency entrusted by it shall organize performance inspection and acceptance in accordance with the provisions of the procurement contract and issue an acceptance letter.

5. Strengthen single-source procurement supervision

After receiving an application for single-source procurement, the financial department shall conduct a compliance review of the application materials in a timely manner. If the application reasons and application materials comply with the "Government Procurement Law", "Government Procurement Non-tendering Procurement Methods Management Measures" (Ministry of Finance Order No. 74) and the provisions of this notice, an approval will be given in accordance with the law; the application materials do not comply with the "Government Procurement Law" and "Government Procurement Regulations". "Measures for the Administration of Non-Tendering Procurement Methods for Procurement" (Ministry of Finance Order No. 74) and this notice, the financial department shall promptly notify the purchaser of modifications and supplements; the reason for application does not comply with the "Government Procurement Law" and "Measures for the Management of Non-Tendering Procurement Methods for Government Procurement" (Ministry of Finance Order No. 74) and this notice, the financial department shall respond promptly and inform the purchaser of the reasons for disapproval.

Financial departments at all levels must make full use of the big data analysis information of the "Inner Mongolia Autonomous Region Government Procurement Cloud Platform" to conduct big data supervision and supervision and early warning. Strengthen the supervision of single-source procurement projects above the public bidding amount standard, and randomly select single-source procurement projects below the public bidding amount standard for daily supervision. Purchasers who use single-source procurement in violation of laws and regulations, such as expanding the application of laws and regulations, imperfect internal control systems, failing to standardize the implementation of procurement procedures, insufficient demonstration evidence, unclear review opinions, etc., will be dealt with strictly in accordance with laws and regulations.

Each budget unit shall establish and improve the internal control system for government procurement and strengthen the management and guidance of its affiliated units. In accordance with the principle of "who purchases, who is responsible", we are responsible for purchasing needs and purchasing results. The single-source procurement method is determined through collective unit research and resolution, and opinions on fair competition review and legality review are formed. The purchaser shall strictly implement the relevant provisions of the "Measures for the Administration of Non-Tendering Procurement Methods in Government Procurement" and carry out the demonstration, publicity, objection handling, negotiation record, result disclosure, contract signing, contract performance acceptance, and procurement file storage as required. work and be responsible for its authenticity, compliance and legality.

Purchasers should select professionals who are familiar with the relevant industry fields of the procurement project to conduct single-source procurement demonstrations. Professionals must independently express their opinions, and if necessary, the demonstrators should conduct investigations and research. The opinions of professionals shall not be used as the basis for single-source procurement based on reasons such as project continuity, supplier familiarity, or leading position in the industry. If there are problems such as plagiarism or inconsistency with the actual situation in the argumentation opinions, the main responsibility of the purchaser will be held according to "whoever purchases the goods is responsible".

Department of Finance of Inner Mongolia Autonomous Region

June 5, 2022

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