General Office Sky Bet Ministry of Finance Sky Bet People's Republic of China
Treasury〔2014〕214No.
Notice of the Ministry of Finance on Issuing the "Interim Measures for the Administration of Competitive Sky Bet and Procurement Methods in Government Procurement"
Relevant departments Sky Bet Party Central Committee，Ministries and Commissions Sky Bet State Council、Directly affiliated organizations，General Office Sky Bet Standing Committee Sky Bet National People's Congress，General Office Sky Bet National Committee Sky Bet Chinese People’s Political Consultative Conference，High Court，High Procuratorate，Related people’s organizations，Provinces、Autonomous Region、Municipality、Finance Department (Bureau) Sky Bet City with separate state planning，Finance Bureau of Xinjiang Production and Construction Corps，Centralized purchasing organizations:
In order to deepen the reform of the government Sky Bet system，Adapt to promote government purchase of services、Promote cooperation between government and social capital (PPP) mode and other work needs，According to the "Government Procurement Law of the People's Republic of China" and relevant laws and regulations，The Ministry of Finance has formulated the "Interim Measures for the Management of Competitive Sky Bet and Procurement Methods in Government Procurement"。Now issued to you，Please follow the instructions。
Attachment: Interim Measures for the Management of Competitive Negotiation and Sky Bet Methods in Government Sky Bet
2014Year12month31日
Interim Measures for the Administration of Competitive Negotiation and Sky Bet Methods in Government Sky Bet
Chapter 1General Provisions
Article 1In order to regulate government Sky Bet behavior，Protect national interests、Social public interests and the legitimate rights and interests of government Sky Bet parties，Based on the provisions of Article 26, Paragraph 1, Item 6 of the "Government Sky Bet Law of the People's Republic of China" (hereinafter referred to as the Government Sky Bet Law)，Develop these measures。
Article 2Competitive Sky Bet procurement method as referred to in these Measures，refers to the purchaser、Government procurement agencies establish competitive Sky Bet groups (hereinafter referred to as Sky Bet groups) to purchase goods with qualified suppliers、Sky Bet on engineering and service matters，The supplier submits response documents and quotations in accordance with the requirements of the Sky Bet documents，The purchaser determines the procurement method of the supplier from the list of candidate suppliers proposed by the Sky Bet group。
Article 3Projects that meet the following conditions，Procurement can be carried out through competitive Sky Bet:
(1) Government purchase of services;
(2) The technology is complex or of special nature，Unable to determine detailed specifications or specific requirements；
(3) Due to art purchase、Patent、Proprietary technology or service time、The total price cannot be calculated in advance for reasons such as the quantity cannot be determined in advance；
(4) Scientific research projects with insufficient market competition，And scientific and technological achievement transformation projects that need support；
(5) Engineering construction projects other than engineering construction projects that must be tendered in accordance with the Bidding and Bidding Law and its implementation regulations。
Chapter 2Sky Bet Procedure
Article 4Goods that meet the public bidding amount、Service Sky Bet Project，Planning to use competitive negotiation Sky Bet，Purchasers should do this before starting Sky Bet activities，After approval by the budget unit in charge，To a city divided into districts according to law、Apply for approval from the financial department of the people's government above the autonomous prefecture。
Article 5Purchaser、Sky Bet agencies shall organize and conduct competitive consultations in accordance with the provisions of the Government Sky Bet Law and these Measures，And take necessary measures，Guarantee that consultations will be conducted in strict confidentiality。
No unit or individual may illegally interfere、Influence the Sky Bet process and results。
Article 6Purchaser、The purchasing agency shall issue an announcement、Invite no less than 100 suppliers by random selection from the supplier database established by the financial department at or above the provincial level or through written recommendations from purchasers and review experts3Suppliers who meet the corresponding qualifications participate in competitive negotiation Sky Bet activities。
Suppliers who meet the conditions stipulated in Article 22, Paragraph 1 of the Government Sky Bet Law can be added to the supplier database before the start of Sky Bet activities。The financial department shall not charge any fees for suppliers to apply for warehousing，Do not use the supplier database to block regions and industries。
Use written recommendations from purchasers and review experts to select suppliers，The purchaser and review experts shall each issue written recommendations。The proportion of suppliers recommended by the purchaser shall not be higher than the total number of recommended suppliers50%。
Article 7Inviting suppliers by announcement，Purchaser、Procurement agencies shall publish competitive Sky Bet announcements in the government procurement information release media designated by the finance departments of the people's governments at or above the provincial level。The competitive Sky Bet announcement shall include the following main contents:
(1) Purchaser、Name of purchasing agency、Location and contact information；
(2) Name of the Sky Bet project、Quantity、Brief specification description or basic project overview；
(3) Budget for Sky Bet projects;
(4) Supplier qualification conditions;
(5) Time to obtain Sky Bet documents、Location、Methods and Negotiation Document Price；
(6) Deadline for submission of response documents、Opening time and location；
(7) Name and phone number Sky Bet contact person for the purchase project.
Article 8Competitive Sky Bet documents (hereinafter referred to as Sky Bet documents) should be formulated based on the characteristics of the procurement project and the actual needs of the purchaser，With the written consent of the purchaser。Purchasers should take the principle of meeting actual needs，Procurement standards such as budget and asset allocation are not allowed to be increased without authorization。
Negotiation documents shall not require or indicate the name Sky Bet supplier or the brand of specific goods，Must not contain vendor-specific technologies、Service and other conditions。
Article 9Negotiation documents should include supplier qualification conditions、Purchase invitation、Purchasing method、Purchasing budget、Procurement requirements、Government Procurement Policy Requirements、Review Process、Evaluation method、Evaluation Criteria、Price composition or quotation requirements、Response to documentation request、The amount and form of deposit payment and the circumstances under which the deposit is not refundable、Contents that may be substantively changed during the Sky Bet process、Deadline for submission of response files、Opening time and place, contract draft terms, etc.。
Article 10The period from the date the Sky Bet document is issued to the deadline for the supplier to submit the first response document shall not be less than10Day.
The selling price of Sky Bet documents shall be determined in accordance with the principle of covering the cost of production of Sky Bet documents，Not for profit，The project budget amount shall not be used as the basis for determining the selling price of negotiation documents。The sale period of the Sky Bet documents shall not be less than from the start date5working days.
Before the deadline for submitting first response documents，Purchaser、The procurement agency or Sky Bet group can make necessary clarifications or modifications to the issued Sky Bet documents，Clarified or modified content as part of the Sky Bet document。Clarification or modification of content that may affect the preparation of response documents，Purchaser、Procurement agencies should submit first response documents within the deadline of at least5Days ago，Notify all suppliers who obtain Sky Bet documents in writing；Insufficient5日的，Purchaser、Sky Bet agencies should extend the deadline for submitting first response documents。
Article 11Suppliers should prepare response documents in accordance with the requirements of the Sky Bet documents，And the authenticity of the response documents submitted、Legality and legal responsibility。
Article 12Purchaser、Sky Bet agencies can require suppliers to pay a negotiation deposit before the deadline for submitting response documents。Negotiation deposit should be made by check、Money order、Promissory note or financial institution、Non-cash payment such as letter of guarantee issued by the guarantee institution。The amount of the negotiation deposit should not exceed the Sky Bet project budget2%。The supplier failed to submit the negotiation deposit as required in the negotiation documents，Invalid response。
The supplier is a consortium，One or more parties in the consortium can jointly pay the negotiation deposit，The deposit paid is binding on all parties in the consortium。
Article 13Suppliers should meet the deadline required by the negotiation document，Send the response document in a sealed manner to the designated location。The response file delivered after the deadline is invalid，Purchaser、The purchasing agency or Sky Bet group should reject it。
Suppliers before the deadline for submitting response documents，You can supplement the submitted response file、Modify or withdraw，And notify the purchaser in writing、Purchasing agency。Supplement、Modified content as part Sky Bet response file。Supplement、The modified content is inconsistent with the response file，To add、The modified content shall prevail。
Article 14The Sky Bet group consists of purchaser representatives and review experts3Single digits consisting of more than one person，The number of review experts shall not be less than the total number of members of the Sky Bet group2/3。Purchaser representatives shall not participate in the review of Sky Bet projects of this department or unit as review experts。Purchasing agency personnel are not allowed to participate in the review of Sky Bet projects represented by this agency。
Government Sky Bet projects using competitive negotiation，The review experts shall be randomly selected from the list of experts in relevant majors in the government Sky Bet review expert database。Projects that meet the requirements of Article 3, Item 4 of these Measures，And special circumstances、Projects where it is difficult to identify suitable reviewers through random methods，With the consent of the budget unit in charge，You can choose your own review experts。Technically complex、Professional Sky Bet project，The review experts should include1Legal experts.
Article 15Review experts shall abide by review work disciplines，Do not disclose the review status and business secrets learned during the review。
The Sky Bet team found that the supplier had paid bribes during the review process、Providing false materials or colluding with other illegal acts，Should be reported to the financial department in a timely manner。
The review expert was illegally interfered with during the review process，Should report to the finance department in a timely manner、Report by supervision and other departments。
Article 16Members of the Sky Bet group should act objectively、Justice、Principle of prudence，According to the evaluation procedures specified in the Sky Bet document、Independent review of review methods and review standards。Response documents that do not substantially respond to the Sky Bet documents will be treated as invalid responses，The Sky Bet group should inform suppliers submitting response documents。
The content of the Sky Bet documents violates relevant national mandatory regulations，The Sky Bet group should stop the review and explain the situation to the purchaser or procurement agency。
Article 17Purchaser、Procurement agencies shall not make any preferences to the evaluation experts in the Sky Bet group、Misleading explanation or description。
Purchaser、The purchasing agency can consider the specific circumstances Sky Bet purchasing project，Organize suppliers to conduct on-site inspections or hold pre-negotiation Q&A sessions，However, on-site inspections and Q&A sessions with only one supplier participating shall not be organized separately or separately。
Article 18Sky Bet group on the effectiveness of the response document、When reviewed for completeness and responsiveness，You can ask the supplier to clarify the unclear meaning in the response document、Necessary clarifications will be made if similar questions are inconsistently expressed or there are obvious textual and calculation errors、Explanation or correction。clarification from supplier、Explanations or corrections must not exceed the scope of the response document or change the substantive content of the response document。
Sky Bet group asks supplier for clarification、Explanations or corrections to the response document must be made in writing。clarification from supplier、Explanations or corrections must be signed or stamped with the official seal of the legal representative or his authorized representative。Signed by an authorized representative，A letter of authorization from the legal representative should be attached。The supplier is a natural person，Should be signed by me and accompanied by proof of identity。
Article 19All members of the negotiation team should focus on negotiating with a single supplier，And give all suppliers participating in the Sky Bet equal Sky Bet opportunities。
Article 20During Sky Bet，The Sky Bet group can substantively change the technology in the procurement requirements based on the Sky Bet documents and Sky Bet status、Service requirements and draft contract terms，But other contents in the Sky Bet document shall not be changed。Content of substantial changes，Subject to confirmation by purchaser’s representative。
Substantive changes to the Sky Bet document are an effective part of the Sky Bet document，The Sky Bet team shall promptly notify all suppliers participating in the Sky Bet in writing。
The supplier shall resubmit the response document according to the changes in the Sky Bet document and the requirements of the Sky Bet team，And signed by its legal representative or authorized representative or stamped with the official seal。Signed by an authorized representative，A letter of authorization from the legal representative should be attached。The supplier is a natural person，Should be signed by me and accompanied by proof of identity。
Article 21The Sky Bet document can detail the technology of the procurement target、Service required，After Sky Bet，The Sky Bet group should require all substantively responsive suppliers to submit their final quotations within the specified time，The number of suppliers submitting final quotations must not be less than3Home.
The Sky Bet document cannot list the technology of the procurement target in detail、Service requirements，The final design plan or solution needs to be provided by the supplier after Sky Bet，After Sky Bet，The Sky Bet group should vote for recommendations based on the principle that the minority obeys the majority3Design plans or solutions from more than one supplier，And require it to submit its final quotation within the specified time。
The final quotation is an effective part Sky Bet supplier’s response document。Conforming to the circumstances of Article 3, Item 4 of these Measures，The supplier submitting the final quotation can be2Home.
Article 22Suppliers who have submitted response files，Before submitting final offer，You can withdraw from the Sky Bet according to the negotiation situation。Purchaser、The procurement agency should return the negotiation deposit to suppliers who withdraw from negotiations。
Article 23After Sky Bet to determine the final procurement requirements and suppliers submitting final quotations，The Sky Bet team uses a comprehensive scoring method to comprehensively score the response documents and final quotations of the suppliers who submitted the final quotations。
Comprehensive scoring method，refers to the evaluation method in which the supplier whose response document meets all substantive requirements of the Sky Bet document and the supplier with the highest evaluation score based on the quantitative indicators of the evaluation factors is the candidate supplier for the transaction。
Article 24The score settings in the evaluation criteria of the comprehensive scoring method should correspond to the quantitative indicators of the evaluation factors。Evaluation standards not specified in the Sky Bet documents shall not be used as the basis for evaluation。
During review，Members of the Sky Bet group should independently evaluate each valid response document、Score，Then score each supplier for each rating factor。
The proportion Sky Bet price score Sky Bet goods item in the comprehensive scoring method to the total score(i.e. weight)for30%to60%, the price score Sky Bet service item as a proportion Sky Bet total score(i.e. weight)for10%to30%。Purchasing items containing different purchasing objects，Determine the project attributes based on the Sky Bet object that accounts for the highest proportion of project funds。Items that comply with the provisions of Article 3, Item 3 of these Measures and implement unified price standards，The price is not included as a rating factor。There are special circumstances where it is necessary to set the price sub-weight outside the above-mentioned range，Should be reviewed and approved by the financial department of the people’s government at the same level。
The price points in the comprehensive scoring method are calculated using the low price priority method，That is, the price Sky Bet supplier that meets the requirements Sky Bet negotiation document and has the lowest final quotation is the negotiation base price，The price is divided into full marks。The prices of other suppliers are calculated according to the following formula:
Negotiation quotation score=(negotiation base price/Final negotiation quotation)×Price weight×100
In the process of project review，The highest and lowest bids in the final quotation must not be removed。
Article 25The Sky Bet group should evaluate the overall score based on the situation，Recommended in order of review scores from high to low3More than one candidate supplier，And prepare the review report。Conforming to the circumstances of Paragraph 3 of Article 21 of these Measures，Can recommend2Candidate suppliers。Those with the same review score，Recommended in order from lowest to highest last quote。Those with the same review score and the same final quotation，Recommended in order of technical indicators。
Article 26The review report should include the following main contents:
(1) Specific methods and related circumstances of inviting suppliers to participate in Sky Bet activities；
(2) Date and place of opening the response file;
(3) Obtain the list of suppliers and members of the Sky Bet group for Sky Bet documents；
(4) Record and explanation of review status，Including supplier qualification review、Review of supplier response documents、Sky Bet status、Quotation status, etc.；
(5) Ranking list and reasons of proposed transaction candidate suppliers。
Article 27The review report should be signed and approved by all members of the Sky Bet group。Members of the Sky Bet group have objections to the review report，The Sky Bet group recommends candidate suppliers for transaction based on the principle of majority submission，Procurement process continues。Members of the Sky Bet group who have objections to the review report，You should sign your dissent on the report and explain the reasons，Relevant information will be recorded in writing by the Sky Bet group。Members of the Sky Bet group refuse to sign the report and do not explain their different opinions and reasons in writing，Deemed to agree with the review report。
Article 28The purchasing agency should complete the review after the review2working days.
The purchaser shall make the purchase after receiving the review report5Within working days，Among the candidate suppliers proposed by the review report，Determine the suppliers in order from high to low，You can also authorize the negotiation group in writing to directly determine the supplier。The purchaser fails to determine the supplier for the transaction within the time limit and does not raise any objection，The supplier ranked first in the confirmed review report is deemed to be the supplier。
Article 29The purchaser or purchasing agency shall confirm the supplier after completing the transaction2Within working days，Announce the transaction results on the government procurement information release media designated by the financial department at or above the provincial level，Send transaction notice to the transaction supplier at the same time，The Sky Bet documents will be announced together with the transaction results。The transaction result announcement shall include the following content:
(1) Name of purchaser and purchasing agency、Address and contact information；
(2) Project name and project number;
(3) Name, address and transaction amount Sky Bet transaction supplier;
(4) Name Sky Bet main transaction object、Specification model、Quantity、Unit price、Service requirements；
(5) List of members of the Sky Bet group.
Using written recommendations for suppliers to participate in Sky Bet activities，The recommendations of purchasers and review experts should also be announced。
Article 30The purchaser and the supplier shall complete the transaction from the date of issuance Sky Bet transaction notice30Within days，The contract text and Sky Bet subject matter determined in accordance with the negotiation documents、Specification model、Purchase amount、Purchase quantity、Signing of government Sky Bet contracts for technical and service requirements and other matters。
The purchaser shall not make any requirements to the supplier beyond the negotiation documents as a condition for signing the contract，Do not enter into a contract with the supplier that deviates from the contract text and Sky Bet subject matter determined in the negotiation document、Specification model、Purchase amount、Purchase quantity、Agreement on substantive content such as technical and service requirements。
Article 31The purchaser or purchasing agency shall promptly return the supplier’s negotiation deposit after the Sky Bet activity，Except if the supplier cannot return it in time due to its own reasons。The negotiation deposit of unconcluded suppliers should be paid after the transaction notice is issued5Refund within working days，The supplier’s negotiation deposit should be paid after the purchase contract is signed5working days.
One Sky Bet following situations，The negotiation deposit is non-refundable:
(1) The supplier withdraws the response document after the deadline for submitting the response document；
(2) The supplier provides false materials in the response document；
(3) Except due to force majeure or circumstances recognized in the Sky Bet documents，The supplier does not sign a contract with the purchaser；
(4) Suppliers and purchasers、Malicious collusion with other suppliers or Sky Bet agencies；
(5) Other situations specified in the Sky Bet documents.
Article 32Except for qualification check determination error、Score summary calculation error、The sub-score exceeds the scoring standard range、Objective scores are inconsistent、The Sky Bet group unanimously determined that the score was abnormally high、Except for abnormally low conditions，The purchaser or purchasing agency shall not organize re-evaluation for any reason。Purchaser、The procurement agency found that the Sky Bet team did not conduct the evaluation in accordance with the evaluation standards specified in the Sky Bet document，Procurement activities should be re-launched，And report to the financial department at the same level in writing。
The purchaser or purchasing agency shall not test the samples、Change the evaluation results by inspecting suppliers。
Article 33The supplier refused to sign the government Sky Bet contract，The purchaser may determine other suppliers as transaction suppliers and sign government Sky Bet contracts in accordance with the principles stipulated in paragraph 2 of Article 28 of these Measures，Sky Bet activities can also be restarted。Contracted suppliers who refuse to sign a government Sky Bet contract shall not participate in the re-launch of Sky Bet activities for the project。
Article 34One of the following situations occurs，The purchaser or procurement agency shall terminate competitive Sky Bet procurement activities，Publish a project termination announcement and explain the reasons，Restart procurement activities:
(1) Due to changes in circumstances，No longer meets the applicable circumstances of the prescribed competitive negotiation Sky Bet method；
(2) Violations that affect Sky Bet fairness、violation；
(3) Except for the circumstances specified in paragraph 3 of Article 21 of these Measures，There are not enough suppliers that meet the requirements during the Sky Bet process or suppliers whose quotations do not exceed the Sky Bet budget3Home.
Article 35Due to major changes in Sky Bet activities，Sky Bet task canceled，The purchaser or purchasing agency shall terminate the purchasing activities，Notify all suppliers participating in Sky Bet activities，Submit the project implementation status and the reasons for cancellation of Sky Bet tasks to the financial department at the same level。
Chapter 3Supplementary Provisions
Article 36Relevant legal systems have other provisions for the competitive negotiation and Sky Bet method for government-private capital cooperation projects，Subject to its regulations。
Article 37The budget unit referred to in these Measures refers to the department responsible for preparing the budget，State agency that declares budget to the financial department at the same level、Public institutions and groups。
Article 38These Measures shall come into effect from the date of promulgation.
