Municipal competent budget unit:

In order to continuously push forward the task of deepening the reform of government procurement system in our city, compact the main responsibility of procurement, and standardize the procurement operation procedures, we hereby further standardize the examination and approval of government procurement of municipal budget units as follows:

I. Examination and approval management of changes in procurement methods

(A) the legal situation of changing the way of government procurement

1. If the municipal budget unit purchases goods or services that meet the standard of public bidding amount, and it is necessary to adopt procurement methods other than public bidding due to special circumstances, it shall apply to the municipal finance department for changing the government procurement methods before the procurement activities begin. Procurement methods other than public bidding refer to invitation to bid, competitive negotiation, competitive consultation, single-source procurement, inquiry and other procurement methods recognized by the Ministry of Finance.

2. For goods and services procurement projects that must be subject to public bidding, when there are only two suppliers who submit bidding documents or substantially respond to the requirements of bidding documents after review, they may apply to the municipal finance department for procurement by competitive negotiation.

(two) materials needed to change the way of government procurement

1. General

The municipal budget unit applying for changing the government procurement mode shall submit complete, clear and compliant application materials to the municipal finance department through the Tianjin municipal government procurement information management system (hereinafter referred to as the information management system) before the start of government procurement activities, and be responsible for the authenticity of the materials. Including:

(1) Approval Form for Municipal Budget Unit to Change Government Procurement Mode (see Annex 1), detailing the procurement project budget, procurement project overview, procurement mode to be applied for, applicable situation and reasons, etc. For the contents that cannot be explained in detail in the approval form, the applicant may attach a written explanation and relevant supporting materials, and affix the official seal of the unit;

(2) the project budget approval document or proof of the source of funds;

(three) belong to the "procurement items that need to be investigated" as stipulated in the Measures for the Administration of Government Procurement Requirements, and need to provide written records of demand investigation, general review and key review.

2. Special circumstances

If the municipal budget unit applies for changing to competitive negotiation mode on the grounds that "there is no supplier bidding or unqualified target after bidding, or the re-bidding fails to be established", or "there are only two suppliers who submitted the bidding documents in the process of public bidding or responded substantially to the requirements of the bidding documents after evaluation", in addition to submitting the materials specified in the above general terms, it shall also provide:

(1) certification materials for publishing the tender announcement on the Tianjin municipal government procurement network;

(2) explanations issued by the applicant and the procurement agency on whether there are supplier queries and the handling of queries in the bidding documents and the bidding process;

(3) The bid documents issued by the bid evaluation committee or three or more bid evaluation experts have no objection to unreasonable terms.

3. Single-source procurement

Municipal budget units applying for changing to single-source procurement shall provide complete, clear and compliant application materials to the municipal finance department through the information management system before the start of government procurement activities, and be responsible for the authenticity of the materials. Including:

(1) The written application submitted by the applicant to the competent budget unit and the written reply of the competent budget unit, which shall specify the name of the procurement project, the procurement budget, the content of the demand, the applicable reason of the procurement method, the name of the proposed sole supplier, the organization of professional argumentation, publicity and cost calculation, etc.;

(2) the municipal budget units to change the way of government procurement approval form;

(3) the project budget approval document or proof of the source of funds;

(4) The applicant's internal management department (post) shall organize relevant departments (posts) such as finance and business to discuss the reasons, necessity and legality of adopting a single source according to the procurement requirements, and the personnel of relevant departments (posts) shall jointly sign for approval;

(5) The Measures for the Administration of Government Procurement Demand clearly stipulates that "demand investigation should be conducted for procurement projects", but it is not necessary to provide internal consultation, but it is necessary to provide written records of demand investigation, general review and key review.

(3) Work requirements for changing government procurement methods

1. Non-tendering procurement method is applicable according to law. Each unit shall, according to the specific characteristics and actual needs of the procurement project, determine the applicable procurement method according to law, and explain the application reasons in the application materials. For the "urgent need of users" under legal circumstances, the specific reasons that the purchaser cannot foresee and are not caused by the delay of the purchaser should be clarified; "The technology is complex or special, and it is impossible to determine the detailed specifications or specific requirements", and the specific content of the complex and special should be defined from the objective reality of the project requirements; "Only from a single supplier" should clarify the uniqueness and irreplaceability of the project function, or the exclusiveness of patents, know-how or services.

2. Standardize the release of single-source publicity. All units shall, in accordance with the statutory requirements for publicity, apply for changes on the grounds that they can only purchase from a single supplier, and publicize them through the Tianjin municipal government procurement network. The contents of publicity shall be standardized, complete and clear, focusing on the specific reasons for applying the single-source procurement method, and the publicity period shall not be less than 5 working days. Commodity items also need to publicize the manufacturer, address, contact information and other information of the purchase target. Single-source procurement projects that do not meet the standard of open tender amount can be publicized according to the management requirements of the internal control system of the department and the unit.

3. Seriously organize professional argumentation. Each unit shall organize more than 3 professionals to demonstrate the application situation and specific reasons of a single source before the publicity of a single source. The professionals involved in the demonstration should be those who are related to the technical service indicators of the procurement target and understand the market situation, and they should not have a direct interest in the demonstration project, and should not be the staff of the procurement unit or potential suppliers and their subordinate units. Professional argumentation opinions should clearly explain the specific characteristics of the procurement project and the compliance and legality of applying a single source. It is not allowed to describe the procurement requirements without clearly expressing opinions or just signing and agreeing.

4. Simplify the procurement process of some projects. For the goods or services that are above and subject to public bidding, and for the procurement package under the same contract, when there are only two suppliers who submit bidding documents or substantially respond to the requirements of the bidding documents after evaluation, and the budget amount of the procurement package does not meet the standard of public bidding amount, the municipal budget unit does not need to change the procurement method with the approval of the municipal finance department.

Two, the audit management of government procurement of imported products

(a) the scope of government procurement of imported products.

Municipal budget units need to purchase products that cannot be obtained in China or with reasonable commercial conditions, and if it is really necessary to purchase imported products as otherwise stipulated by laws and regulations, they shall report to the municipal finance department for approval before the start of procurement activities.

Imported products refer to products that are declared by the customs in China, enter China and are produced abroad.

(two) materials required for the audit of government procurement of imported products.

Municipal budget units applying for government procurement of imported products shall provide complete, clear and compliant application materials to the municipal finance department through the information management system before the start of government procurement activities, and be responsible for the authenticity of the materials. Including:

(1) A written application submitted by the applicant to the competent budget unit and a written reply from the competent budget unit, which shall specify the name of the procurement project, the procurement budget, the content of procurement requirements, the reasons for purchasing imported products, and the organization of professional argumentation;

(2) the municipal budget unit government procurement of imported products audit (for the record) table (see Annex 2) and related supplementary materials, including the expert argumentation of government procurement of imported products or the opinions of the industry authorities of government procurement of imported products.

(3) the project budget approval document or proof of the source of funds;

(4) Written records of project demand investigation, overall review and key review. Demand investigation should focus on the domestic industrial development of the products to be purchased, the reasons why domestic products can't meet the actual demand, and the market price of domestic products and the historical transaction price of imported products.

(3) Relevant requirements for applying for government procurement of imported products

1. Apply for government procurement of imported products according to law. All units should conduct extensive market research according to the specific characteristics and actual needs of the procurement project, fully understand the market situation and industry development of the purchased equipment, and scientifically determine the procurement needs. The purchase demand shall not be set according to the technical performance and index parameters of imported products, nor shall it discriminate against domestic products. For domestic products that can meet the actual use needs, imported products shall not be purchased. If it is really necessary to purchase imported products, the reasons for the application shall be explained in detail in the application materials, and the necessary supporting materials shall be provided.

2. Standardize the organization of expert argumentation. Municipal budget units shall organize experts to demonstrate the necessity and compliance of government procurement of imported products. The expert group participating in the demonstration of imported products shall be composed of an odd number of more than 5 people who are not from their own units, including legal experts 1 person. The technical specialty or work of other demonstration experts should be related to the fields involved in the proposed procurement of imported products, and have intermediate or above professional titles or equivalent professional level. Demonstration experts shall not have economic and administrative affiliation with budget units or procurement agencies. The imported products to be purchased are products explicitly encouraged by national laws, regulations and policies, and it is not necessary to organize expert argumentation, but copies of national laws, regulations and policies on encouraging imported products should be uploaded.

3. Improve expert opinions. Legal experts shall determine the categories of imported products (restricted or other categories) to which the products to be purchased belong, and issue opinions on the legality and compliance of the purchased imported products. Other technical experts should, according to the purchasing demand, put forward clear and specific opinions on the specific application scenarios of the equipment to be purchased, the correspondence and matching degree between the purchasing demand setting and the specific application scenarios, the market situation and development status of imported products and domestic similar products, and the specific differences between imported products and domestic similar products in technical performance, index parameters, price and after-sales service. An expert's opinion is invalid if it only uses descriptive language such as "excellent", "high" or "good" and "poor" without elaborating specific differences or if the opinions are vague.

4. Optimize the review process of some projects. If the approved government procurement of imported products needs to be reorganized due to legal circumstances during the organization and implementation, it shall resubmit the application for government procurement of imported products before the procurement activities begin. In addition to the required application materials, the participation of domestic product suppliers in the original procurement project organization shall be separately stated, and the procurement documents issued by the bid evaluation committee or three or more bid evaluation experts have no unreasonable clauses.

Three. Other job requirements

(1) Shorten the time limit for approval. If the reasons for changing the way of government procurement and the application materials for purchasing imported products conform to the statutory situation and the provisions of this notice, the municipal finance department shall give a reply within 5 working days from the date of receiving the materials. If the application materials do not conform to the provisions of these measures, the municipal finance department will notify the municipal budget unit to make amendments and supplements within 3 working days. The completion date is calculated from the date when the municipal finance department receives the application materials again.

(2) Strengthen the management of competent departments. The competent department shall strengthen the management of changing government procurement methods and purchasing imported products in this system, and establish and improve the internal management system of government procurement in this department. For the procurement project that the budget unit intends to change the government procurement mode, it should focus on reviewing whether the procurement budget is implemented and whether the actual situation of the project is consistent with the legally applicable government procurement mode. , and in the "municipal budget units to change the way of government procurement approval form" issued opinions and stamped with the official seal of the unit. For the procurement projects that the budget unit intends to apply for purchasing imported products, it should focus on whether the procurement demand is reasonable, whether the domestic similar products meet the demand, the necessity of purchasing imported products, and whether the expert qualification meets the requirements.

(3) Simplify the approval process of scientific research instruments and equipment. The procurement of scientific research instruments and equipment in municipal universities and research institutes involves changing the way of government procurement and auditing imported products, and shall be implemented in accordance with the simplified examination and approval procedures stipulated in the Notice of Tianjin Finance Bureau on Strengthening the Procurement Management of Scientific Research Instruments and Equipment in Municipal Universities and Research Institutes (No.5, Jin Cai Zong [2017]).

(4) Management requirements for confidential procurement projects. Municipal budget units classified government procurement projects involving changes in government procurement methods, audit of imported products, in accordance with the procedures in the Notice of Tianjin Municipal Bureau of Finance on Forwarding Tianjin State Secrecy Bureau (No.30 [2019]).

This notice shall be implemented as of the date of issuance.

Attachment: 1 Municipal budget units to change the way of government procurement approval form.

2 municipal budget unit government procurement of imported products audit (record) table

June 2022 16

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