Statutory procedures for public procurement under the GPL include (i) open procedures, (ii) restricted procedures, (iii) competitive dialogues, (iv) single source procurements, (v) requests for quotation, and other procedures acknowledged by the MOF (Art 26 GPL).
Open procedures
- The government procurement of a State Project is subject to an open procedure if the budgeted amount of the State Project reaches the statutory thresholds stipulated by the State Council. According to the state level Catalogue published by the State Council for the year 2020, the statutory thresholds triggering the open procedures are as follows:
Items | Budgeted Amount (RMB) |
---|
Goods | 2,000,000 |
Services | 2,000,000 |
Construction projects | In accordance with the Provisions on Engineering Projects That Must Be Subject to Bidding promulgated by the National Development and Reform Commission and effective from 1 June 2018 |
- The government procurement of a Local Project is subject to the open procedures if the budgeted amount of the Local Project reaches the statutory thresholds stipulated by the relevant provincial government. For example, according to the local-level Catalogue published by the Shanghai People’s Government for the year 2019-2020, the statutory thresholds triggering the open procedures are as below:
Items | Budgeted Amount (RMB) |
---|
Goods | 400,000,000 |
Services | 400,000,000 |
Construction projects | In accordance with the Provisions on Engineering Projects That Must Be Subject to Bidding promulgated by the National Development and Reform Commission and effective from 1 June 2018 |
Restricted procedures
- Restricted procedures may be adopted in any of the following circumstances:
- The number of suppliers is limited due to a technological complexity, special requirements or restrictions of the natural environment; or
- The costs to be paid for the open procedures are unreasonably disproportionate to the total value of the items to be procured.
Competitive dialogues
- Competitive dialogues may be adopted in any of the following circumstances:
- After issuing an invitation to tender (i) no suppliers submitted a tender, (ii) there were no qualified tenders, or (iii) a new invitation to tender was not possible; or
- The nature of the procured item and complexity of the technology makes the determination of detailed specifications or specific requirement impossible; or
- The time required to prepare an invitation to tender cannot satisfy the urgent requirement of the end user of the procured items, for reasons neither foreseeable by the Procuring Entity, nor resulting from a delay due to the Procuring Entity; or
- It is not possible to calculate the total price in advance due to reasons such as the impossibility of determining in advance the time or quantity of an art procurement, patents, know how or services; or
- The public procurement of goods and services does not reach the statutory thresholds for open procedures; or
- The tender has been exempted from the open procedures by the competent public procurement regulatory authority, even though the public procurement of goods and services reaches the statutory thresholds for open procedures; or
- The public procurement of construction projects does not reach the statutory thresholds for open procedures or restricted procedures as set out in Article 3 of the PRC Law on Invitation and Submission of Tenders in conjunction with the Provisions on Engineering Projects That Must Be Subject to Bidding.
In addition, subject to the approval of the competent public procurement regulatory authority, the open procedure for public procurement of goods and services can be converted into a competitive dialogue if only two suppliers have submitted tenders or only two suppliers are found to respond substantively to the invitation to tender.
Single source procurements
- Single source procurements may be adopted in any of the following circumstances:
- The goods, services or construction projects can only be procured from a sole supplier; or
- It is impossible to procure the goods, services or construction projects from another supplier due to an unforeseeable urgency; or
- It is necessary to continue to procure from the original supplier in order to ensure consistency of the procurement project or compatibility of the ancillary services with the original procured items, and the total funds do not exceed 10% of the procured amount in the original contract; or
- The public procurement of goods and services does not reach the statutory thresholds for open procedures; or
- The open procedures have been exempted by the competent public procurement regulatory authority, even though the public procurement of goods and services has reached the statutory thresholds for open procedures; or
- The public procurement of construction projects does not reach the statutory thresholds for open procedures or restricted procedures as set out in Article 3 of the PRC Law on Invitation and Submission of Tenders in conjunction with the Provisions on Engineering Projects That Must Be Subject to Bidding.
Requests for a quotation
- Requests for a quotation may be adopted in any of the following circumstances:
- The goods to be procured have unified specifications and standards, and the supplies are sufficient and the price variation is small; or
- The public procurement of goods and services does not reach the statutory thresholds for open procedures; or
- The open procedures have been exempted by the competent public procurement regulatory authority, even though the public procurement of goods and services has reached the statutory thresholds for open procedures; or
- The public procurement of construction projects does not reach the statutory thresholds for open procedures or restricted procedures as set out in Article 3 of the PRC Law on Invitation and Submission of Tenders in conjunction with the Provisions on Engineering Projects That Must Be Subject to Bidding.
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