District, county (city) finance bureaus and municipal units:
In order to further strengthen the supervision and management of government procurement activities, create a fair and transparent competitive atmosphere, build a "pro-clear" relationship between government and business in the field of government procurement, and optimize the business environment, according to the Procurement Law of the People's Republic of China, the Regulations for the Implementation of the Procurement Law of the People's Republic of China, and the Non-government Procurement If the single-source procurement method is selected, the following conditions shall be met.
(1) It can only be purchased from a sole supplier. Mainly refers to the use of irreplaceable patents and know-how for goods and services, or special requirements for public services, which leads to the procurement from a specific supplier.
1. If a project using patents or proprietary technologies adopts single-source procurement, three conditions must be met at the same time: First, the objective positioning of project functions determines that the designated patents, proprietary technologies or services must be used. Second, the patents, proprietary technologies or services used in the project are irreplaceable. Third, because the patents, proprietary technologies or services of products or production processes are exclusive, they cannot be implemented or provided by other suppliers, and can only be provided by a specific supplier.
2. If the public * * * service project has special requirements for single-source procurement, it needs to comply with the relevant provisions of Article 4 of the Notice of Zhejiang Provincial Department of Finance on Further Regulating the Procurement Management of Government Procurement Services (Zhejiang Finance and Mining Supervision [2121] No.2).
(2) In case of unforeseen emergency, it is impossible to purchase from other suppliers. If the market supply capacity and supply time can meet the emergency needs, the procurement unit shall not exclude competition due to emergency procurement. If the project is urgent and unpredictable due to the lack of reasonable planning by the procurement unit, it does not belong to the application of this clause.
(3) it is necessary to ensure the consistency of the original procurement items or the requirements of service packages, and it is necessary to continue to purchase from the original suppliers, and the total amount of additional purchase funds does not exceed 11% of the original contract purchase amount.
(4) other circumstances stipulated by laws and regulations.
2. Strictly standardize the procurement process
(1) Strengthen the procurement demand management. For the project that intends to adopt the single-source procurement method, the procurement unit shall conduct procurement demand investigation and procurement demand management on the government procurement supervision platform line, and publicize it on the government procurement network.
the procurement unit shall conduct a detailed investigation on the market competition, supply and demand environment and service level of the procurement target, and form a unique market investigation conclusion. The procurement unit may invite professionals with relevant experience to scientifically calculate the expenditure of labor and materials required for the project, and require suppliers to provide cost descriptions or quotation records of similar contract markets, so as to ensure a reasonable transaction price and ensure the quality of the procurement project.
The competent budget unit can identify single-source procurement projects as those that need to be reviewed by the competent budget unit. The contents of the review include whether the single-source procurement method conforms to the legal situation, whether the market survey is sufficient, whether the price calculation is reasonable, and whether the materials provided by the supplier are true and complete.
(2) improve the internal control management mechanism. According to the principle of "whoever purchases is responsible", the procurement unit should implement the main responsibility, establish and improve the internal control management system of single-source procurement, and strengthen the unified management of government procurement activities. Choosing a single-source procurement method needs to go through the legality review of the unit, internal countersignature and collective decision-making of the team. When reporting the single-source procurement plan, the procurement unit needs to upload the procurement demand publicity link, the internal control system of the unit and the collective decision-making documents, and report them to the internal supervision department of the unit for the record.
(3) standardize professional argumentation. The procurement unit shall select professionals who are familiar with the related industries of procurement projects to conduct single-source procurement demonstration. If necessary, the demonstrator shall carry out investigation and study. Professional argumentation opinions should be combined with the actual project and personal understanding of the project, and the argumentation contents should be written by hand. The argumentation opinions must be objective, complete and clear, and the argumentation results must be reasonable and sufficient. The reasons such as the continuity of the project, the supplier's familiarity with the project and the supplier's leading position in the industry should not be used as the basis for the selection of single-source procurement methods. If there are problems such as plagiarism, non-conformity with the facts and formalism in the argumentation opinions, the professionals shall be dealt with according to the relevant provisions, and the remuneration for argumentation services shall be recovered.
(4) strictly implement the procurement procedures. Procurement units should implement the provisions of relevant documents, strictly follow the relevant provisions of Chapter IV of the Measures for the Administration of Non-tendering Procurement of Government Procurement, and do a good job in the management of demonstration, publicity, objection handling, negotiation records, results disclosure, contract signing and file preservation of single-source procurement.
(5) strengthen the management of performance acceptance. Procurement units should improve the whole process performance management mechanism of procurement projects, and take the high-quality and high-price procurement results and user feedback as the guidance to ensure the realization of procurement performance. For the acceptance of single-source procurement projects, the working mechanism should be improved, the internal supervision should be strengthened, the internal processes should be refined, and the acceptance should be carried out in strict accordance with the contract. For public service projects, the clients should be invited to participate in the acceptance.
third, strengthen the supervision and management of procurement
(a) strictly examine and approve single-source procurement projects. If the project with an open tender amount above the standard is purchased from a single source, the application materials submitted by the procurement unit should meet the requirements of applicable legal situation, sound internal control process, sufficient demonstration basis and clear review opinions. Do not meet the requirements of the relevant provisions of the single source procurement application, the financial sector will not be approved. The financial department has changed from focusing on procedural examination and approval to focusing on substantive examination and approval, and selected a certain proportion of single-source procurement projects below the standard of public bidding amount for daily supervision.
(2) carry out smart supervision of big data. The financial department uses the data analysis function of the procurement supervision platform and the trading platform to carry out penetrating analysis of the single source situation, realize real-time intelligent early warning management, and send a copy to the internal supervision department of the competent budget unit as appropriate. Inform and order rectification of irregularities such as expanding application, imperfect internal control system, failure to implement procurement procedures, and replacing procurement procedures with meeting minutes to prevent arbitrary use and abuse of single-source procurement methods. If the circumstances are serious or refuse to correct, it will be handed over to the discipline inspection and supervision and auditing departments for handling.
(3) Strengthen assessment management. Single-source procurement management is included in the financial performance assessment of municipal units, financial management performance assessment of districts and counties, and evaluation and assessment of government procurement business environment.
iv. job requirements
it is the fundamental concept of the lifeline of government procurement that the procurement unit should firmly establish honesty. In view of the key issues such as single-source procurement post setting, demand investigation, demonstration management, and communication with market participants, the integrity norms are refined, and a strict and effective restraint system is formed to prevent the transfer of benefits. The competent budget unit should implement the main responsibility of the party's work style and clean government construction in this department, and establish and improve the system of on-the-job supervision, off-the-job review and project responsibility traceability of government procurement. Self-inspection should be carried out regularly on the single-source procurement of this department, and the relevant inspection should be kept on file.
Hangzhou Finance Bureau
March 29, 2122
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