Competitive negotiation documents should be sold for at least 3 working days. The legal basis is the first paragraph of Article 29 of the Measures for the Administration of Non-tendering Procurement Methods of Government Procurement, which shall not be less than 3 working days from the date of issuing negotiation documents to the deadline for suppliers to submit their first response documents.
Applicable conditions of competitive negotiation:
(1) After bidding, there is no supplier to bid or there is no qualified target, or the re-bidding fails to be established;
(two) the technology is complex or special, and it is impossible to determine the detailed specifications or specific requirements;
(3) Due to unforeseen reasons or non-purchaser's delay, the time required for bidding cannot meet the urgent needs of users;
(4) As the time and quantity of art procurement, patents, know-how or services cannot be determined in advance, the total price cannot be calculated in advance.
Competitive negotiation refers to the way that the purchaser or procurement agency directly invites more than three suppliers to negotiate on procurement matters. The characteristics of competitive negotiation procurement mode are:
First, it can shorten the preparation period and make the procurement project play a role faster.
The second is to reduce the workload, which saves a lot of bid opening and bidding, which is conducive to improving work efficiency and reducing procurement costs.
Third, the supply and demand sides can negotiate more flexibly.
Fourth, it is conducive to the protection of national industries.
Fifth, it can encourage suppliers to consciously use high-tech to purchase products, and at the same time reduce procurement risks.
Two. Competitive negotiation procedure
(1) procurement budget and application: the purchaser prepares the procurement budget, fills in the procurement application form and puts forward the reasons for adopting competitive negotiation, which is audited by the superior competent department and submitted to the procurement management section of the Finance Bureau.
(2) Procurement approval: The financial management department determines the procurement method of competitive negotiation according to the procurement items and relevant regulations, and determines the procurement method-whether it is entrusted procurement or self-procurement.
(3) Selection of agency: The procedure is the same as public bidding.
(4) set up a negotiating team.
(5) Preparation of negotiation documents: The negotiation documents shall specify the negotiation procedures and contents, the terms of the draft contract and the criteria for evaluating the transaction.
(6) Determine the list of suppliers participating in the negotiation: The negotiating team shall determine and invite at least three suppliers to negotiate from the list of suppliers with corresponding qualifications according to the procurement requirements. If there are only two suppliers who submit bidding documents or substantially respond to the requirements of bidding documents during the bidding process, the purchaser and procurement agency may conduct competitive negotiation and procurement with these two suppliers after approval by the finance department at the same level.
(7) Negotiation: All members of the negotiating team focus on negotiating with each invited supplier. During the negotiation, neither party shall disclose the technical data, prices and other information of other suppliers related to the negotiation. If there are substantial changes in the negotiation documents, the negotiating team shall notify all suppliers participating in the negotiation in writing. The negotiation order can be determined according to the reverse order of bidding documents submitted by suppliers or by drawing lots.
(8) Determine the clinch a deal supplier: After the negotiation, the negotiating team requires all the suppliers participating in the negotiation to make the final quotation within the specified time, and the purchaser shall determine the clinch a deal supplier from the clinch a deal candidates proposed by the negotiating team according to the principles of meeting the procurement requirements, equal quality and service, and lowest quotation, and notify all the suppliers participating in the negotiation of the results. Asking suppliers to quote as soon as possible helps to prevent cross-bidding.
(9) Review and publicity: The publicity content includes the list of suppliers who have signed contracts, the revision of negotiation documents, supplier quotations and the list of negotiation experts.
(10) deadline notice: the deadline notice can be issued without objection upon the expiration of the publicity period.
Legal basis:
Government procurement law
Article 38
Competitive negotiation procurement should follow the following procedures:
(a) Establish a negotiating team. The negotiating team consists of representatives of the purchaser and relevant experts, with an odd number of more than three, of which the number of experts shall not be less than two-thirds of the total number of members.
(2) Formulate negotiation documents. The negotiation documents shall specify the negotiation procedures, contents, terms of the draft contract and the criteria for evaluating the transaction.
(three) to determine the list of suppliers invited to participate in the negotiations. The negotiating team shall determine at least three suppliers from the list of suppliers who meet the corresponding qualifications to participate in the negotiations and provide them with negotiation documents.
(4) negotiation. All the members of the negotiating team concentrated on negotiating with a supplier. During the negotiation, neither party shall disclose the technical data, prices and other information of other suppliers related to the negotiation. If there are substantial changes in the negotiation documents, the negotiating team shall notify all suppliers participating in the negotiation in writing.
(5) Identify suppliers. After the negotiation, the negotiating team shall require all the suppliers participating in the negotiation to make a final quotation within the specified time. The purchaser shall determine the winning supplier from the winning candidates proposed by the negotiating team in accordance with the principles of meeting the procurement demand, equal quality and service, and the lowest quotation, and notify all the unsuccessful suppliers participating in the negotiation of the results.
I believe that after reading the above introduction, you should know more or less that in the process of concluding competitive negotiation documents, both parties have legal requirements on the relevant content and form, which needs attention. The above is the relevant contents of the competitive negotiation documents for a few days, and I hope it will help you.