Competitive negotiation operation process

At present, the government should further negotiate the procurement behavior of Guangxi and France to improve the transparency and fairness of competitive negotiations. Below I have sorted out the operation process of competitive negotiation for your reference.

Operating procedures of competitive negotiation 1

Under normal circumstances, when centralized procurement institutions adopt competitive negotiation to implement government procurement on behalf of procurement units, these five-step procedures can be summarized into two stages, namely, the preparation stage before negotiation and the negotiation stage.

(1) the preparatory stage. In the preparatory stage, we should pay attention to the following work: First, make a comprehensive analysis of the procurement project from the aspects of capital, technology, production and market, including budget analysis, demand analysis, production analysis, market analysis and risk analysis. Second, according to the comprehensive analysis, make the final project procurement plan and determine the project procurement list. Three, according to the project analysis and procurement project list, prepare competitive negotiation invitation. The fourth is to produce competitive negotiation documents. The fifth is to invite suppliers to participate in the negotiations. The sixth is to pre-qualify the suppliers participating in the negotiations. Seventh, according to the qualification examination, determine the list of suppliers participating in the negotiations and sell competitive negotiation documents to them. Eight is to set up a negotiating team composed of technical experts, procurement units and representatives from relevant parties. Nine is to determine the staff according to the needs of the negotiation work. Ten is to invite supervisory organs, notary organs and other relevant departments to supervise the negotiation process.

In the preparation stage of negotiation, we should pay attention to the following problems: First, compared with public bidding procurement, competitive negotiation is subjective and the bid evaluation process is difficult to control, which may easily lead to unfair trade and even corruption. Therefore, it is necessary to strictly limit the applicable conditions of this procurement method and strictly control the negotiation process. Second, in the negotiation team, the list of experts is randomly selected and determined. Before the negotiation, the list of negotiating teams shall be kept strictly confidential. Third, the composition of the negotiating team should be determined according to the characteristics of the procurement project and the overall situation of experts, and pay attention to the reasonable professional structure, equal knowledge level and comprehensive quality. Four, after the completion of the negotiation documents, should be in the form of official letters or countersigned documents to solicit the opinions of the procurement unit, after the procurement unit for examination and confirmation, the formal production is completed. Fifth, the management organization has regulations on the filing of negotiation documents, and it is also necessary to send the negotiation documents to the management organization for filing. Sixth, the pre-qualification of suppliers is mainly from two aspects: basic qualification and professional qualification, and the examination standards are mainly in accordance with the standards stipulated in the negotiation documents.

(2) negotiation stage. In the negotiation stage, the main tasks to be done are as follows: First, after the deadline for submitting quotation documents, a public quotation ceremony will be held at the specified time and place to publicly quote the quotation sheet in the quotation documents submitted by suppliers. Second, after the public quotation, the negotiating team should review the quotation documents submitted by each negotiator to determine the validity of the qualifications of the negotiators. After the review, it is necessary to determine the list of suppliers entering the negotiation stage. Fourth, the negotiating team negotiates with the negotiators on the technical scheme. After the technical negotiation, it is necessary to determine the list of suppliers who will enter the next round of negotiation, that is, business negotiation; Sixth, the negotiating team will negotiate with each negotiator on the business plan separately. After the business negotiation, it is necessary to determine the list of suppliers who enter the final commitment quotation. Seventh, organize all negotiators who meet the requirements of technical and commercial schemes to make final commitment quotation. After the final commitment quotation is completed, the negotiating team shall conduct a comprehensive review of the final commitment quotation. Eighth, the negotiating team comprehensively evaluates and judges the final promised quotation, and after summarizing the comprehensive evaluation results, it finally issues the final negotiation results and recommends the pre-traders. Ninth, according to the negotiation result report issued by the negotiating team and the opinions on determining the transaction, the centralized procurement institution comprehensively reviews the relevant information, determines the final trading unit, and issues a notice of the transaction result to the trading party. The tenth is to organize the supply and demand sides to sign purchase contracts.

In the negotiation stage, we should pay attention to the following issues: first, the whole negotiation process should be conducted in a completely closed negotiation room except for public quotation, and all members of the negotiation team should be isolated from the outside world before the negotiation is completely completed; During the negotiation, members of the negotiating team shall not contact the purchasing unit or supplier alone, and shall not visit or inspect the purchasing unit or supplier without consent; The negotiating team should work independently without external interference; The negotiating team should implement the collective responsibility system. When members of the negotiating team have different opinions on certain matters or decisions, they can adopt the way that the minority is subordinate to the majority, or they can adopt democratic centralism, and the leader of the negotiating team will concentrate the opinions of most members to decide the relevant matters. Second, in the process of negotiation, we should master negotiation skills and discretion; In the negotiation team, members should have a clear division of labor. In the process of negotiation, we should pay attention to the arrangement of seats, the coordination of roles, and the mastery of negotiation skills, negotiation process and the overall rhythm of negotiation. Third, specific problems should be analyzed in detail. During the whole negotiation process, several rounds of technical negotiation and business negotiation can be conducted, and the specific number will be determined by the negotiation team according to the specific situation. Technical negotiation and business negotiation can also be combined into one. But no matter which way, we must ensure that every supplier involved in the negotiation can get the same number of negotiation opportunities. Fourth, we should pay attention to the validity of the qualifications of negotiators, that is, the negotiators participating in the negotiations must be their legal representatives or authorized clients of legal persons. If a legal person authorizes a client to participate in the negotiation, it must issue a legal person power of attorney to the negotiating team. Fifth, we should pay attention to the accuracy of the application of laws and regulations, and the whole negotiation process should be carried out in strict accordance with the provisions of laws and regulations. We should not only abide by the specific provisions of the Government Procurement Law on competitive negotiation, but also pay attention to other provisions of this Law and other relevant laws and regulations. Don't do things that are not expressly stipulated by law. If there are explicit provisions in the law, the subject, entity and procedure should be legal. Sixth, it is necessary to pay attention to three conditions that suppliers must meet, namely, meeting procurement requirements, equal quality and service, and lowest quotation. These three conditions must be met at the same time, and none of them can be ignored. At the same time, in the whole negotiation process, attention should be paid to the integrity of the procurement documents. Every stage of all procurement processes (including preparation stage and negotiation stage) should have detailed written records, and all kinds of attachments, personal signature procedures and unit seals must be complete. In addition, as centralized procurement institutions often conduct competitive negotiations, they can formulate negotiation documents, invitations and documents, forms, reports and related procedures, work disciplines, precautions, etc. It is used to convert into common standard format or document template at various stages to reduce workload and improve work efficiency.

Operating procedures of competitive negotiation Chapter 2

1 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. The experts shall have worked in relevant fields for more than 8 years, and have a bachelor's degree or above, senior technical titles or equivalent professional level. When necessary, it shall be determined by the purchaser from the expert database established by the relevant government departments.

Purchasing personnel, negotiation team personnel and related staff who have interests with suppliers must avoid.

2 Preparation of negotiation documents

The negotiation documents shall specify the negotiation procedures, contents, terms of the draft contract and the criteria for evaluating the transaction.

3 Invite negotiating suppliers

Determine at least three suppliers from the list of suppliers who meet the corresponding qualification conditions to participate in the negotiation and send them an invitation to negotiate.

Issue negotiation documents

Send negotiation documents to the invited negotiation suppliers.

5. Receiving negotiation application documents

Receive the negotiation application documents submitted before the application deadline.

6 negotiation

The negotiating team negotiates with suppliers one by one. During the negotiation, neither party shall disclose the technical data, prices and other information of other suppliers related to the negotiation.

7 Final offer

After the negotiation, all suppliers involved in the negotiation are required to make a final quotation within the specified time.

8 evaluation report

The negotiating team completes the written evaluation report, determines the list of trading candidates and matters needing attention in signing the contract.

9 determine the supplier of the transaction

The purchaser determines the transaction supplier from the transaction candidates proposed by the negotiating team. If it is a government procurement project, the purchaser shall determine the supplier of the transaction according to the principles of meeting the procurement demand, equal quality and service, and lowest quotation, issue a transaction announcement, and inform all the suppliers who have not completed the transaction to participate in the negotiation.

10 contract signing

The purchaser shall, within 30 days after issuing the notice of transaction, sign a written contract with the transaction supplier according to the matters determined in the procurement documents.

1 1 Contract filing

When necessary, the purchaser shall, within seven working days after signing the contract with the supplier, submit a copy of the procurement contract to the administrative supervision institution for the record.

Operation process of competitive negotiation in government procurement center

First, accept the entrustment.

Panzhihua municipal government procurement center (hereinafter referred to as? Purchasing center? ) After receiving the Declaration Form of Panzhihua Municipal Government Procurement Plan, handle the following matters:

(1) The procurement center shall determine the project number and the person in charge of competitive negotiation according to the Government Procurement Law, the Law on the Administration of Public Procurement of Goods and Services, and the relevant provisions of the annual government centralized procurement catalogue and quota standards published by the government and the entrustment of the purchaser.

(two) after consultation with the purchaser to sign the annual entrustment agreement, special circumstances can also be signed separately. The principal-agent agreement shall specify the procurement items, procurement quantity, procurement amount, procurement period, procurement method and the place where the agreement is performed.

Second, examine and approve the information provided by the purchaser.

(1) After conducting market research or demonstration on related matters such as purchase price, specifications and technical requirements, the purchaser shall fill in the supplier qualification requirements and equipment technical parameter requirements form of the procurement project, and provide the procurement center with detailed, accurate, complete and feasible procurement requirements, procurement plan approval and other related materials. Procurement requirements shall include: the qualifications of bidders, commercial terms, technical requirements and procurement budget, etc.

(2) The contents of the procurement requirements provided shall conform to the government procurement policies, national industry regulations and technical specifications, national safety standards and mandatory standards, and shall not stipulate the following contents:

1, with unreasonable registered capital, sales performance and qualifications (including

Special authorization terms) and other terms discriminate against or discriminate against potential suppliers;

2. Set commercial and technical terms to restrict and exclude potential suppliers;

3. Take the technical indicators unique to a brand as technical requirements;

4. Other provisions that violate fair competition.

(3) The person in charge of project standard compilation of the procurement center shall, within 3 working days after receiving the procurement materials provided by the purchaser, timely review the materials provided by the purchaser (goods list, detailed technical parameters and performance requirements, supplier qualification conditions, payment methods, project implementation requirements, after-sales service requirements, etc.). ). If obvious errors or obvious exclusionary and tendentious clauses are found, they will be confirmed by the purchaser after consultation with the purchaser and corrected according to law (signed by the agent). If the purchaser does not correct them, it shall report to the finance department at the same level in time.

Third, the preparation of the tender documents

The person in charge of the pre-tender estimate of the project shall, according to the needs and characteristics of the procurement project, make the first draft of the tender documents (including the negotiation announcement) for the specific project negotiation on the basis of earnestly doing the preparatory work for the project (including market research, etc.) and according to the determined procurement method. ).

The contents of negotiation bidding documents mainly include:

(a) the tender announcement;

(2) Instructions for competitive negotiation;

(three) the contents and technical requirements of the tender;

(4) negotiation principles and procedures;

(5) scoring criteria;

(six) the main terms of the contract;

(7) The format of bidding documents, etc.

Fourth, solicit opinions.

Before the procurement documents are publicly released or sold, in principle, the opinions of potential suppliers or experts should be publicly solicited on the Sichuan government procurement website. Online comments, the time is generally not less than 3 working days. The collected opinions of experts or suppliers shall be filed together with other procurement documents for future reference.

Verb (abbreviation of verb) Review, release and filing of tenders.

The first draft of the negotiation document (including the tender announcement) shall be submitted to the purchaser for confirmation (signature and official seal) after internal preliminary examination, which shall be uniformly released by the procurement center and reported to the finance department at the same level for the record.

Six, issued a tender announcement

The procurement center publishes a competitive negotiation announcement on the Sichuan government procurement website, and the time for public sale of negotiation documents is generally not less than 5 working days, and the time from the date of announcement to the deadline for bidding is generally not less than 7 working days.

Seven. Answer questions, clarify and correct.

After the tender announcement is issued, the supplier shall keep the technical indicators and parameters involved in the bidding project within the deadline for answering questions and clarifying specified in the tender documents.

If an objection is raised in writing, the reply must be in writing, and the reply time must comply with the relevant laws and regulations. If the objection raised is correct and reasonable, the person in charge of the pre-tender estimate preparation of the project shall revise the bidding documents after confirmation by the purchaser and the procurement team, and publish a notice of correction on the Sichuan government procurement website, and notify all registered suppliers in writing. (If the relevant parameters or items of the published procurement documents are corrected due to the purchaser or the procurement center, the operation of issuing the correction announcement is the same as above. )

Eight, the formation of a negotiating expert group.

(a) the procurement center shall set up a negotiating expert group according to law.

(2) The negotiating expert group consists of representatives of the purchaser and experts in related fields of the project, with an odd number of more than three members, of which the number of experts shall not be less than two thirds of the total number of members.

(3) In principle, the negotiating expert group shall be established within 1 working days before the bid opening, among which the expert members shall be randomly selected by the purchaser from the government procurement expert database established by the finance department at the same level. Before determining the winning bidder, the list of negotiating experts shall be kept confidential.

(4) Matters related to the generation and management of negotiation experts shall be the responsibility of the financial department at the same level, including the examination and approval of directly determining the expert members for special procurement projects.

(5) The representative of the buyer is 1 person designated by the buyer in writing, and the representative of the buyer's discipline inspection (supervision) or representatives of relevant departments attend as nonvoting delegates. The representative of the purchaser shall not be the leader of the negotiation expert group.

Nine, accept the bid

(1) The supplier shall prepare the tender documents according to the requirements of the tender documents, deliver them sealed at the time and place specified in the tender documents, and pay the bid bond.

(2) After being registered and submitted with the bidding documents, the supplier becomes an effective bidder of the project subject to tender, and can exercise the legal rights of the bidder and perform the responsibilities and obligations of the bidder.

(3) The procurement center accepts sealed bidding documents submitted by bidders before the bidding place and deadline specified in the bidding documents. Documents submitted after the deadline specified in the tender documents will not be accepted.

X. bid opening

(1) Preparation before the meeting

1. The procurement center confirmed that 1 the person in charge of project bidding and two staff members attended the bidding meeting.

2. The procurement center shall notify the financial and supervision departments to attend the negotiation and bidding meeting 1 day in advance. If the financial and supervisory departments do not send people to participate, the staff of the procurement center should make records and explain the reasons.

3. The staff of the procurement center will arrive at the bid opening site 30 minutes in advance and send the admission registration form (with official seal) to the municipal public resources trading center for the record. The municipal public * * * resource trading center determines the bid opening room and registration point of the procurement project for bid opening and negotiation announcement, and publishes information such as the place and deadline for submitting the bidding documents.

4. Before the bid opening, the staff of the procurement center shall, jointly with the staff of the Municipal Public Resources Trading Center, check whether the projector in the bid opening room works normally, check the accuracy of the electronic clock, check the arrangement of the host, the supervision department, the recorder of the rostrum, the arrangement of the logo and the arrival of the supervision personnel. Timely receive the supervision certificate, agency certificate and purchaser's representative certificate from the staff of the municipal public resources trading center and distribute them to the corresponding personnel. At the same time, receive bidders and other relevant personnel, and do a good job of signing in and signing for bidding documents.

5. The staff of the municipal public * * * resource trading center shall go to the expert evaluation room 10 minutes in advance to do a good job in the reception and sign-in of experts.

6. After the negotiators arrive, they will enter the waiting room of the bid evaluation area to have a rest by SMS or valid identification. After the experts arrive, the staff and supervisors of the procurement center will unseal the Record Form of the Extraction Results of Experts in Sichuan Provincial Government Procurement Review on the spot. After checking and verifying the identity of the experts, the staff of the procurement center selects an expert as the team leader from the composed expert group, and urges the experts to sign the Commitment Letter of Panzhihua Municipal Government Procurement Review Experts. The staff of the Municipal Public Resource Trading Center will issue locker keys to the bid evaluation experts, who will store the communication tools and personal belongings they carry with them in the locker and then enter the negotiation site.

If more than three suppliers sign up for bidding, they can organize competitive bidding negotiations. If there are less than three suppliers participating in the bidding, the bidding negotiation will be suspended and the situation will be reported to the finance department at the same level in time.

(2) Organizing the bid opening meeting

1. The meeting host of the procurement center opened the negotiation meeting and introduced the participants.

The host, supervisor, members of the negotiating expert group, staff and suppliers of this competitive negotiation on government procurement, as well as the principles, methods and conditions for winning the bid; The supplier can make comments on whether the above-mentioned personnel need to be avoided on the spot. After the procurement center verifies and confirms the person to be avoided, the person must be avoided.

2. At the time of bid opening, the authorized representatives of the top three bidders who submitted the bid documents can be appointed as the representatives elected by all bidders to check the sealing conditions of all bid documents. After no objection, the supplier shall sign for approval.

3. The host decides the order in which the participating supplier representatives or authorized personnel make public quotations by drawing lots. After no objection, the supplier shall sign for approval.

4. The supplier withdraws and waits for expert negotiation. During the waiting period, supplier communication must be kept open.

XI。 Organize the implementation of negotiations

(1) Preparation before negotiation

1. The staff of the procurement center unpacks the bidding documents on the spot, and the negotiating expert group verifies the identity of the supplier representative or authorized person participating in the negotiation. If the identity of the supplier's representative or authorized person participating in the negotiation is inconsistent with the bidding documents, or the bidding documents are not stamped with the official seal as required, the negotiating expert group has the right to refuse the supplier to participate in this negotiation. Before the negotiation, the procurement center shall not publish the quotations of suppliers participating in the negotiation.

When there are less than three qualified suppliers after compliance inspection, the meeting host will announce the termination of the negotiation activities and report the situation to the financial department at the same level in time. If there are more than three qualified suppliers, proceed to the next step.

2. The negotiating expert group will read and compare the qualified bidding documents, get a preliminary understanding of the characteristics of the bidding supplier's response plan, and prepare for the negotiation.

(2) the first round of negotiations

According to the established negotiation sequence, the negotiating expert group negotiates with a single supplier on procurement demand, quality, service and other aspects to understand the composition of its quotation.

During the negotiation, neither party shall disclose the technical data, prices and other information of other suppliers related to the negotiation.

If the negotiation expert group unanimously determines that the supplier meets the requirements of the negotiation documents, the transaction candidate shall be determined according to the methods and standards determined in the negotiation documents. In the first round of negotiations, if the negotiating expert group fails to determine the trading candidates, the negotiation documents should be revised for the second round of negotiations.

(3) Revision of negotiation documents

After the first round of negotiations, the negotiating expert group held a collegiate meeting. According to the first round of negotiations, the negotiation documents can be modified to determine the detailed specifications or specific requirements of the procurement content and optimize the procurement plan.

The staff of the procurement center will inform the supplier concentration and inform the supplier negotiation expert group of the adjusted procurement modification requirements in writing, so as to provide the supplier with sufficient correction time.

The suppliers participating in the negotiation shall modify the original bidding documents according to the first round of negotiation and the Written Notice on Modification of Negotiation Documents, and send the modified documents to the negotiating expert group after signing (or sealing). Failing to deliver within the time limit shall be regarded as giving up the negotiation. The revised document has the same legal effect as the original bidding document.

(4) the second round of negotiations

The negotiating expert group negotiates with the suppliers who respond to the bidding on the revised bidding documents, and determines the trading candidates according to the methods and standards determined in the negotiation documents.

If the second round of negotiations fails to determine the candidate for the transaction, the negotiating expert group will revise the negotiation documents again and then conduct the third round of negotiations. And so on.

(5) Determine the negotiation results.

After the negotiation, the negotiating expert group shall require all suppliers participating in the negotiation to make a final quotation within the specified time, and submit it to the negotiating expert group after sealing.

The negotiating expert group shall determine the suppliers according to the principles of meeting the procurement demand, equal quality and service, and lowest quotation.

If the quotations of the suppliers participating in the negotiation all exceed the government procurement budget, and the purchaser cannot pay, the negotiation activities will be terminated; After the termination, if the purchaser needs to adjust the procurement budget or project allocation, or adopt other procurement methods, it shall be approved by the financial department at the same level before the procurement activities begin.

The negotiating expert group must write a complete negotiation report, which is valid only after being signed and confirmed by all members and supervisors of the negotiating expert group.

The negotiation process shall be recorded by the personnel designated by the procurement center and filed for future reference.

12. Election announcement.

After the negotiation expert group confirms the supplier according to law, the procurement center will

The announcement of winning the bid was published on the Sichuan government procurement website on, for 7 working days.

Thirteen. Accept purchase inquiry (optional process)

Bidders who have questions during the publicity period shall be dealt with in accordance with the Procurement Law of People's Republic of China (PRC) and the Measures for Handling Questions of Government Procurement Suppliers in Sichuan Province.

Fourteen, issued a letter of acceptance

After the expiration of the bid-winning publicity, if the parties have no objection to the bid-winning result or the evidence of objection is not established, the procurement center will issue a bid-winning notice to the bid-winning supplier in written form.

Fifteen. Refund of the supplier's deposit

The procurement center shall refund the deposit of unsuccessful suppliers within 5 working days after the issuance of the bid-winning notice; Within 5 working days after the performance of the procurement contract, the deposit of the winning supplier shall be returned.

Sixteen. Coordination of contract performance (non-mandatory procedure)

Disputes or disputes between the purchaser and the winning supplier in the process of performing the government procurement contract shall be settled in accordance with the matters determined in the procurement documents and the agreement in the procurement contract. With the consent of both parties, it can also be coordinated by the procurement center. The contents and results coordinated by the procurement center shall not violate the provisions of laws and regulations, and shall not exceed or change the substantive terms agreed in the procurement documents and contracts.

In the process of contract performance, the procurement center shall report to the finance department at the same level in time if the coordination fails or there are illegal acts.

Seventeen, issued a letter of appropriation.

The purchaser must organize the performance acceptance of suppliers according to the quality requirements, acceptance standards and methods listed in the procurement contract, and submit a "government procurement acceptance form" (signed by the manager and stamped with the official seal of the unit) to the procurement center. After receiving the government procurement acceptance form submitted by the purchaser, the procurement center will issue a notice of appropriation to the purchaser.

Eighteen, data archiving

Within 7 days after the end of the procurement work, the person in charge of project standard preparation, the person in charge of project bidding and the staff of the procurement center shall file all relevant documents in a timely manner in accordance with the provisions of the Archives Management System of Government Procurement Projects of Panzhihua Municipal Bureau of Organs and Affairs.