What issues should be clarified when preparing competitive negotiation documents?

As one of the main ways of government procurement, competitive negotiation is widely used in procurement implementation because of its flexibility and applicability. Making a scientific, thorough and detailed negotiation document is the basis of negotiation between buyers and suppliers, and it is the key to determine whether buyers can achieve the expected goals. However, in the specific operation, due to various reasons, some competitive negotiation documents prepared by purchasers are imperfect in content and irregular in terms, which directly affects the effect of government procurement. To this end, the author believes that when writing competitive negotiation documents, the following aspects should be clarified: First, the general situation of procurement projects and the qualification requirements of suppliers participating in the negotiations should be clarified. It mainly includes the name of the purchaser, the name and quantity of the purchased project, the quality standard and main technical parameters of the project, the conditions required by the supplier, the qualification certificate provided during the negotiation, the negotiation response materials and other related materials, and the time and place of the negotiation, so that every supplier invited to participate in the negotiation can know the purchaser's procurement objectives through the negotiation documents and decide whether to respond to this procurement. Secondly, it is necessary to clarify the trading methods and standards of the negotiations. Because the government procurement with competitive negotiation is often goods (services) with complex technology or special nature, it is impossible to determine detailed specifications or specific requirements and calculate the total price in advance. The purchaser can only learn more about the goods (services) provided by suppliers through negotiation and choose the ones that suit his procurement needs. The products recommended by suppliers are different in performance, quality and brand awareness, and the prices cannot be in the same grade. If the trader is determined only by the price factor, therefore, in addition to the method stipulated in the Government Procurement Law (that is, the purchaser determines the supplier according to the principle of meeting the procurement requirements, equal quality and service, and lowest quotation), the comprehensive scoring method can also be adopted according to the special requirements of the procurement project, and the purchaser can adopt the comprehensive scoring method according to the procurement requirements, product quality, technical parameters, product price, supplier qualification level, after-sales and other conditions. In short, no matter what method is adopted, it must be stated in the competitive negotiation document in advance, so that all suppliers participating in the negotiation can compete on the same platform and ensure the openness, fairness and impartiality of procurement activities. Third, it is necessary to clarify the negotiation procedures. In practice, when the two sides adopt competitive negotiation, they often don't know how the negotiation should be conducted, and even appear silent. Therefore, when formulating negotiation documents, the negotiation procedures should be clearly stipulated in the documents. The procedure mainly includes: the representative of the purchaser introduces the procurement project and general situation, negotiation requirements, matters needing attention, etc. , determine the negotiation order of suppliers by drawing lots or other forms, and then negotiate with a single supplier. The supplier introduces the response to this negotiation document and its main performance, technical parameters and characteristics. Recommended products. After negotiation with all suppliers, the final quotation will be made within the specified time, and the suppliers will be determined according to the transaction methods and standards determined in the negotiation documents. Fourth, we should make clear the main terms of the contract. The main terms of the contract must first comply with the provisions of the contract law, and be concluded according to the negotiation documents, the supplier's quotation, after-sales service, relevant commitments, and the transaction notice. Fifth, we must clarify the negotiation requirements. In order to ensure the fairness of competitive negotiation and avoid the interference of human factors, the requirements for this negotiation should be clearly stated in the competitive negotiation documents. For example, in order to prevent suppliers from "colluding with each other" and deliberately raising prices, it can be stated in the negotiation documents that "all suppliers' quotations exceed the procurement budget, and the purchaser can refuse to pay, and the purchaser can refuse this procurement". But to put forward this requirement, the purchaser must have a general understanding of the price of the purchased goods and a relatively accurate procurement budget on the basis of full investigation.