Notice of Guangdong Provincial Department of Finance on Standardizing the Relevant Matters Concerning the Approval of Provincial Single-source Procurement and the Approval and Management of Imported P
Guangdong Finance Procurement [2020] No.13
Provincial units:
In order to implement the spirit of deepening the reform plan of government procurement system and strictly meet the requirements of "tight days", according to the relevant laws and regulations such as the "People’s Republic of China (PRC) Government Procurement Law" and its implementation regulations, the relevant matters concerning the standardization of the approval of provincial single-source procurement methods and the approval and management of imported products are hereby notified as follows:
I. Strictly examine and approve single-source procurement methods.
(1) For goods or services that meet any of the following circumstances, the purchaser may purchase them by single source according to law:
1. Goods or services can only be purchased from a specific supplier due to the use of irreplaceable patents and know-how;
2. Public service projects have special requirements and can only be purchased from a specific supplier;
3. Unable to purchase from other suppliers due to unforeseen emergency;
4. It is necessary to ensure the consistency of the original procurement projects or the requirements of supporting services, and it is necessary to continue to purchase from the original suppliers, and the total amount of additional funds does not exceed 10% of the original contract purchase amount;
5. If there is only one bidder (quotation) or only one bidder (quotation) who has passed the qualification examination or compliance examination after the bidding (quotation) deadline for a procurement project with an open tender amount above the standard, it is proved by experts that there are no unreasonable clauses in the procurement documents and the procurement procedures are in compliance with the regulations.
(2) The purchaser shall, in accordance with the decision-making system of "three majors and one big" matters, include the goods or services that meet the standard of open tender and intend to adopt the single-source procurement method in the discussion and decision-making scope of the "three majors and one big" matters of the unit.
(three) the purchaser intends to use a single source procurement, should be in the procurement activities before the start, invite professionals to demonstrate. Professionals can be selected by the purchaser or randomly selected from the expert database of government procurement evaluation. Demonstration professionals should have no economic and administrative affiliation with the purchaser. Professionals should objectively and independently issue complete, clear and definite argumentation opinions:One isWhether the budget arrangement of procurement projects is scientific and reasonable (Annex 1);The second isWhether the purchased items must be purchased from a sole supplier (Annex 2). Arguments should be filled in manually by professionals in accordance with the prescribed format.
(four) the competent budget unit shall strengthen the management of single source procurement in this department. For goods or services that meet the standard of public bidding amount, if it is planned to adopt the single-source procurement method, it should focus on examining whether the budget arrangement of the project is reasonable, whether it belongs to the circumstances stipulated in Article 31 of the Government Procurement Law and Article 27 of the Regulations for the Implementation of the Government Procurement Law, and the necessity of adopting single-source procurement, and issue written examination opinions.
(5) Where the goods or services that meet the standard of open tender amount are intended to adopt a single-source method, the purchaser shall apply to the Provincial Department of Finance for approval and submit the following materials before the start of procurement activities and after reporting to the competent budget unit for approval:
1. Basic information such as the name of the purchaser, the name of the procurement project and the general situation of the project;
2 reasons for applying for single-source procurement;
3. For goods or services that meet the standard of open tender amount and intend to adopt the single-source procurement method, it is necessary to provide the minutes and records of the meeting of the unit’s "three majors and one big" matters;
4 written examination opinions of the competent budget unit;
5. Written opinions of the professionals involved in the demonstration, as well as the names, work units and titles of the professionals;
6 "Guangdong provincial government procurement network" single source procurement publicity;
7. The budget amount of the procurement project, the main basis and reasons for the budget amount of the project, the budget approval document or the proof of the source of funds.
Two, strictly approve the government procurement of imported products.
(1) A purchaser may purchase imported products under any of the following circumstances:
1. Not available in China or not available on reasonable commercial terms;
2. Purchasing for use outside China;
3. There are similar products in China, but they cannot meet the real demand, and it is really necessary to purchase imported products;
4. Provincial universities, scientific research institutes and the undertaking units that use provincial social science project funds to purchase scientific research instruments and equipment purchase scientific research instruments and equipment.
(II) According to the Notice on Improving the Procurement Management of Scientific Research Instruments and Equipment in Provincial Universities and Research Institutes (Yuecai Procurement [2017] No.3) and the Notice on the Procurement Management of Scientific Research Instruments and Equipment in Provincial Financial and Social Science Research Projects (Yuecai Procurement [2018] No.2), provincial universities, research institutes and undertaking units that use provincial social science project funds to purchase scientific research instruments and equipment shall implement the filing system.
(3) The purchaser shall, in accordance with the decision-making system of "three majors and one big thing", include the imported product items that the domestic similar products to be purchased really cannot meet the demand in the discussion and decision-making scope of the "three majors and one big thing" of the unit.
(4) Where the purchaser intends to purchase imported products, he shall invite experts to conduct professional argumentation before the procurement activities begin, and the experts shall objectively and independently put forward specific argumentation opinions. The expert group shall be composed of more than 5 people, including 1 legal expert, and the product technical expert shall be an expert familiar with the product. Demonstration experts can be selected by the purchaser himself, or randomly selected from the expert database of government procurement evaluation, and the demonstration experts should have no economic and administrative affiliation with the purchaser. The purchaser shall not participate in the demonstration as a member of the expert group.
(five) if the products to be purchased have domestic similar products, in principle, it is not allowed to purchase imported products. If it is really necessary to purchase imported products, the purchaser shall apply from the aspects of the necessity and irreplaceability of imported products, the substantial impact of purchasing domestic similar products on the work, etc. The argumentation experts shall objectively and independently demonstrate the reasons for the purchaser’s application, and the argumentation opinions shall be complete, clear and definite, and shall be filled in manually by the argumentation experts according to the prescribed format (see Annex 4 for details).
(six) the competent budget unit shall strengthen the management of imported products purchased by the government of this department. For the procurement items that the subordinate units intend to apply for purchasing imported products, they should focus on examining whether the imported products to be purchased exceed the standard, whether the procurement demand is reasonable, whether the domestic similar products meet the demand, the necessity of purchasing imported products, etc., and issue written examination opinions.
(VII) In addition to provincial universities, scientific research institutes and undertaking units that use provincial social science project funds to purchase scientific research instruments and equipment, the procurement unit shall submit a written application to the department in charge of approving imported products before the procurement activities, and submit the following materials:
1. Overview of procurement projects and list of imported products purchased by the government (Annex 3);
2. If it is planned to purchase imported products with domestic similar products that really cannot meet the demand, it is necessary to provide the minutes and records of the meeting of the unit’s "three majors and one big" matters;
3. Review opinions of the competent budget unit;
4. The main purpose, necessity and irreplaceability of applying for purchasing imported products, and the substantial impact of purchasing domestic similar products on work;
5. Comparison of domestic similar products and imported products;
6. Written opinions of experts participating in the demonstration, as well as the names, work units and titles of professionals;
7. Project budget amount, budget approval document or proof of fund source.
III. Standardize the management of the list of imported products of the department.
In order to deepen the decentralization of government procurement, we will continue to implement departmental import product list management at the provincial level.
(A) to develop the main body
The provincial competent budget unit shall formulate the list of imported products of the department in combination with the characteristics of the department’s procurement needs. The list is managed dynamically and is valid for one year. Within the validity period of the list, if the supplier raises any objection, the competent budget unit shall make dynamic adjustment in time.
(II) Mode of application
1. There are no imported products of the same kind in China.During the validity period of the list, the purchaser purchases the products in the list without repeating the organization of expert argumentation, and directly carries out procurement activities after filing with the Provincial Department of Finance.
2. There are imported products of similar products in China.Within the validity period of the list, the purchaser shall submit to the competent budget unit a description of the main purpose, necessity, irreplaceability, and the substantial impact of purchasing domestic similar products on the work, and carry out procurement activities after the approval of the competent budget unit and filing with the Provincial Department of Finance.
(3)Develop a program
1. collect products.The competent budget unit is responsible for collecting and summarizing the annual imported products of this department. Specifically, it includes the name and model of imported products, the policy basis for purchasing imported products and the necessity of purchasing imported products.
2. Expert argumentation.The expert group shall consist of an odd number of more than 5 people, including 1 legal expert, and the product technical expert shall be an expert familiar with the products in the list. The expert group shall focus on the necessity and irreplaceability of imported products, and the substantial impact of purchasing domestic similar products on the work, and make an objective and independent demonstration. The demonstration opinions shall be complete, clear and definite, and shall be filled in manually by the demonstration experts in accordance with the prescribed format (see Annex 4 for details).
3. publicity.The competent budget unit will publicize the demonstrated list on the "Guangdong Provincial Government Procurement Network", and the publicity period shall not be less than 10 working days. The publicity contents shall include but not limited to: the name and model of the imported products, the necessity and relevant explanations of the imported products, the specific argumentation opinions of the expert group on the imported products to be purchased, and the names, work units and titles of the expert group members, and the publicity period.
4. Objection handling.Any supplier, unit or individual who has any objection to the list may report it to the competent budget unit within the publicity period or the validity period. The competent budget unit shall organize experts to re-demonstrate, and if the objection is established, the product shall be deleted from the list.
5. filing.After the expiration of the publicity period, the competent budget unit shall report to the Provincial Department of Finance for the record and attach the following materials:
(1) the necessity of imported products and related explanations;
(2) the specific opinions of the experts involved in the demonstration, as well as the names, work units and professional titles of the experts;
(3) the publicity of the list of imported products and the handling of objections.
Fourth, strengthen the supervision and management of government procurement
The purchaser shall, in accordance with the principle of "who purchases, who is responsible", seriously carry out market research and price calculation, implement relevant expenditure standards, and reasonably and scientifically determine the procurement demand. The competent budget department should strictly manage the change of single-source mode and the procurement of imported products, and establish and improve the internal management system of departmental government procurement. The Provincial Department of Finance will establish a smart cloud platform for government procurement integrating transaction and supervision, and comprehensively reflect the implementation of government procurement by all units by means of intelligent monitoring and big data early warning, and strengthen the supervision of government procurement by government procurement transparency evaluation, financial performance evaluation and government procurement agency evaluation.
Attachment:
Guangdong Provincial Finance Department
July 29, 2020