1. Approval management of changes in procurement methods
(1) Legal circumstances for changing government procurement methods .
1. If a municipal budget unit purchases goods or services that exceed the public bidding amount and needs to use procurement methods other than public bidding due to special circumstances, it should apply to the municipal finance department to change the government procurement method before the procurement activity begins. Procurement methods other than public bidding refer to invitation bidding, competitive negotiation, competitive consultation, single-source procurement , inquiry and other procurement methods recognized by the Ministry of Finance.
2. For public bidding goods and service procurement projects, if there are only two suppliers that submit bidding documents during the bidding process or substantially respond to the requirements of the bidding documents after review, they may apply to the municipal finance department for procurement through competitive negotiation.
(2) Materials required to change government procurement methods.
1. General provisions.
If a municipal budget unit applies to change the government procurement method, it shall submit a complete, clear and compliant application to the municipal finance department through the Tianjin Municipal Government Procurement Information Management System (hereinafter referred to as the "Information Management System") before the start of government procurement activities. Apply for materials and be responsible for the authenticity of the materials. Including:
(1) "Approval Form for Changes in Government Procurement Methods by Municipal Budget Units" (see attachment 1), which details the procurement project budget , the procurement project overview, the procurement method to be applied for, and its applicable circumstances and reasons. . For content that cannot be stated in detail in the approval form, the applicant unit can attach a written description of the situation and relevant supporting materials, and stamp the official seal of the unit;
(2) project budget approval document or fund source certificate;
(3) belongs to the " Government The Procurement Demand Management Measures clearly clarifies that "procurement projects that should be investigated for demand" must provide written records of demand investigation, general review and key review.
2. Special circumstances.
The municipal budget unit cited the reason that “after the bidding, there were no suppliers to bid or there were no qualified bids, or the re-bidding failed to be established”, or because “the suppliers submitted bid documents during the public bidding process or reviewed and substantially responded to the requirements of the bidding documents. If you apply to change to a competitive negotiation method on the grounds that there are only two companies, in addition to submitting the materials specified in the above general regulations, you should also provide:
(1) Proof of the bidding announcement published on the Tianjin Municipal Government Procurement Online;
(2 ) A statement issued by the applicant unit and procurement agency on whether there are any supplier questions and the handling of the questions in the bidding documents and bidding process;
(3) The bidding documents issued by the bid evaluation committee or by more than 3 evaluation experts do not have unreasonable terms. arguments.
3.Single source procurement.
If a municipal budget unit applies to change to a single-source procurement method, it shall provide complete, clear, and compliant application materials to the municipal finance department through the information management system before the start of government procurement activities and shall be responsible for the authenticity of the materials. Including:
(1) The written application submitted by the applicant unit to the budget unit in charge, and the written reply from the budget unit in charge. The written application should state the name of the procurement project, procurement budget, content of requirements, reasons for the application of the procurement method, the name of the proposed unique supplier, organization of professional personnel's demonstration, publicity and cost estimation.
(2) "Approval Form for Changes in Government Procurement Methods by Municipal Budget Units";
(3) Project budget approval documents or fund source certificates;
(4) Internal consultation opinions of the unit.The internal management department (position) of the applicant unit shall organize finance, business and other relevant departments (positions) to jointly discuss the reasons, necessity and legality of using a single source according to the procurement needs, and the relevant departments (positions) shall jointly sign Approved;
(5) belongs to the "Procurement Projects for which Demand Investigation Should Be Conducted" specified in the "Government Procurement Demand Management Measures". The internal consultation opinions of the unit are not required, but written records of demand investigation, general review and key review are required.
(3) Changes in government procurement methods work requirements.
1. Non-tendering procurement methods shall be applied in accordance with the law. Each unit must determine the applicable procurement method in accordance with the law based on the specific characteristics and actual needs of the procurement project, and elaborate on the reasons for the application in the application materials. For "urgent user needs" in statutory situations, specific reasons that are unforeseen by the purchaser and not caused by delays by the purchaser should be clarified; "technically complex or of a special nature, and detailed specifications or specific requirements cannot be determined" should be based on the objective reality of the project needs. , clarify the specific content of complexity and particularity; "can only be purchased from the only supplier", should clarify the uniqueness and irreplaceability of the project function, or the exclusivity of patents, proprietary technologies or services.
2. Standardize the release of single source announcements. Each unit shall, in accordance with the statutory publicity requirements, publicize through the Tianjin Municipal Government Procurement Network the projects that exceed the public bidding amount standard and apply for a change in single-source procurement on the grounds that "it can only be purchased from the only supplier". It must be standardized, complete and clear, focusing on clarifying the specific reasons for applying the single-source procurement method, and the publicity period shall not be less than 5 working days. Goods items must also disclose the manufacturer, address, contact information and other information of the purchased object. Single-source procurement projects that do not exceed the public bidding amount standard can be disclosed in accordance with the management requirements of the department and the unit's internal control system.
3. Carefully organize professional demonstrations. Before making a single source announcement, each unit should organize more than three professionals to demonstrate the applicable circumstances and specific reasons for the single source. Professionals participating in the demonstration should be those related to the technical service indicators of the procurement target and those who understand the market conditions. They should not have a direct interest in the demonstration project, and should not be staff of the purchasing unit or potential suppliers and their affiliated units. Professional opinions should clearly and clearly explain the specific characteristics of the procurement project and the compliance and legality of the single source. It is not allowed to just describe the procurement needs without explicitly expressing opinions or only signing the agreement.
4. Simplify the procurement process of some projects. For goods or services that are above the public bidding amount standard and implemented through public bidding, for the procurement package under the same contract, when there are only two suppliers that submit bid documents during the bidding process or substantially respond to the requirements of the bidding documents after review, If the budget amount of the procurement package does not meet the public bidding amount standard, the municipal budget unit does not need the approval of the municipal finance department to change the procurement method.
2. Audit management of imported products purchased by government
(1) Scope of audit of imported products purchased by government.
If the products that municipal budget units need to purchase are not available in China or cannot be obtained on reasonable commercial terms, and if laws and regulations otherwise stipulate that imported products must be purchased, they should apply to the municipal finance department for approval before the procurement activity begins. .
Imported products refer to products that enter China through China Customs declaration and inspection and are produced overseas.
(2) Materials required for government procurement of imported products for review.
Municipal budget units that apply for government procurement of imported products shall provide complete, clear, and compliant application materials to the municipal finance department through the information management system before the government procurement activities begin and shall be responsible for the authenticity of the materials. Including:
(1) The written application submitted by the applicant unit to the budget unit in charge, and the written reply from the budget unit in charge.The written application should state the name of the procurement project, procurement budget, content of procurement requirements, reasons for purchasing imported products, organization of professional personnel’s demonstrations, etc.
(2) "Municipal Budget Unit Government Procurement Imported Products Review (Filing) Form" (see attachment 2) and related ancillary information, including "Expert Argument Opinions on Government Procurement of Imported Products" or "Opinions of the Industry Competent Department for Government Procurement of Imported Products" 》etc.;
(3) project budget approval document or fund source certificate;
(4) written records of project needs investigation, general review and key review. The demand survey should focus on reflecting the current status of domestic industry development of the products to be purchased, the reasons why domestic products cannot meet actual needs, as well as the market prices of domestic products and historical transaction prices of imported products.
(3) Relevant requirements for applying for government procurement of imported products.
1. Applicable to government procurement of imported products in accordance with the law. Each unit must conduct extensive market research based on the specific characteristics and actual needs of the procurement project, fully understand the market conditions, industrial development, etc. of the purchased equipment, and scientifically determine procurement needs. Procurement requirements shall not be set based on the technical performance and index parameters of imported products, nor shall they discriminate against domestic products. If domestic products can meet the actual needs of use, imported products are not allowed to be purchased. If imported products are indeed needed, the reasons for the application should be stated in detail in the application materials and necessary supporting materials should be provided.
2. Standardize and organize expert arguments. Municipal budget units should organize experts to demonstrate the necessity and compliance of government procurement of imported products. The expert group participating in the demonstration of imported products shall consist of an odd number of more than 5 people from outside the unit, including 1 legal expert. The technical majors or work of other demonstration experts should be related to the fields involved in the imported products to be purchased, and they should have intermediate or above professional technical titles or equivalent professional levels. Demonstration experts shall not have economic or administrative affiliations with budget units or procurement agencies. If the imported products to be purchased are products that are clearly stipulated in national laws, regulations and policies to encourage imports, there is no need to organize expert evaluation, but a copy of the national laws, regulations and policies on encouraging imported products must be uploaded.
3. Improve expert argumentation opinions. Legal experts should determine the imported product category (restricted or otherwise) to which the product to be purchased belongs, and issue opinions on the legality and compliance of the purchased imported product. Other technical experts should, based on the procurement needs, focus on the specific application scenarios of the equipment to be purchased, the correspondence and matching between the procurement requirement setting and the specific application scenarios, the market conditions and development status of imported products and domestic similar products, as well as the relationship between imported products and domestic products. Provide clear and specific opinions on the specific differences between similar products in terms of technical performance, index parameters, price and after-sales service. Experts’ arguments that only use descriptive language such as “better than”, “higher than”, “good” or “poor” without elaborating on specific differences, or whose argumentation opinions are unclear, are invalid opinions.
4. Optimize the review process of some projects. If an approved government procurement imported product project needs to be reorganized due to legal circumstances during the organization and implementation process, the government procurement imported product application should be resubmitted before the procurement activity begins. In addition to the required application materials, Separately explain the participation of domestic product suppliers in the original procurement project organization process, and the argument that the procurement documents issued by the bid evaluation committee or more than three evaluation experts do not have unreasonable terms.
3. Other work requirements
(1) Reduce the time limit for approval and review. If the reasons for changing the government procurement method and the application for purchasing imported products and the application materials comply with the legal circumstances and the provisions of this notice, the municipal finance department will give an approval within 5 working days from the date of receipt of the materials. If the application materials do not comply with the provisions of these Measures, the municipal finance department will notify the municipal budget unit to make corrections and supplements within 3 working days. The processing date will be calculated from when the municipal finance department receives the application materials again.
(2) Strengthen the management of competent departments.The competent departments should strengthen the management of changes in government procurement methods and procurement of imported products in their own departments and systems, and establish and improve the internal management system of departmental government procurement. For procurement projects that the affiliated budget unit intends to change the government procurement method, it shall focus on reviewing whether the procurement budget has been implemented, whether the actual situation of the project is consistent with the legal application of the government procurement method, etc., and issue an "Approval Form for Changes in Government Procurement Methods for Municipal Budget Units" Opinions and stamped with the official seal of the unit. For procurement projects that the affiliated budget unit plans to apply for to purchase imported products, it shall focus on reviewing whether the procurement needs are reasonable, whether similar domestic products meet the needs, the necessity of purchasing imported products, and whether the qualifications of the demonstration experts meet the requirements, etc.
(3) Simplify the approval and review process for scientific research instruments and equipment. If the procurement of scientific research instruments and equipment by municipal colleges and universities and scientific research institutes involves changes in government procurement methods and the review of imported products, the notice of the Tianjin Municipal Finance Bureau on Strengthening the Management of the Procurement of Scientific Research Instruments and Equipment by Municipal Colleges and Universities and Scientific Research Institutes shall be followed 》(Jincaicai [2017] No. 5) shall be implemented.
(4) Regarding management requirements for confidential procurement projects. If the confidential government procurement projects of municipal budget units involve changes in government procurement methods and the review of imported products, the "Notice of the Tianjin Municipal Finance Bureau and the Tianjin State Secrets Bureau on Forwarding the Interim Measures for the Management of Confidential Government Procurement" (Tianjin Caicai [2019] The procedures specified in No. 30) shall be carried out.
