Political Procurement Pop-up Book No. 53: 10 Typical Mistakes in the Qualification Criteria for Preparing Procurement Documents.
* There shall be no abnormal operation and economic disputes;This project only accepts bids from manufacturers;**Businesses need to provide a valid Class II medical device business record certificate ......Can any of the above be used as eligibility criteria?
Procurement Academy, the "academic school" that understands the best procurement practices. Open this pop-up book to learn about typical mistakes in eligibility settings.
1."*Businesses must provide copies of valid proof materials for paying taxes and social security funds in accordance with the law for three consecutive months in 2021."
Analysis:Merchants generally only need to provide any month of proof of paying taxes and social security funds in accordance with the law, and the procurement documents require three consecutive months, which restricts newly established enterprises and increases the burden of **merchants. It violated the provisions of the "Administrative Measures for Promoting the Development of Small and Medium-sized Enterprises through Procurement".
2."* The merchant shall provide a screenshot of the corresponding query results of the credit China network and the ** procurement network of China ** (the query date is from the date of sale of the bidding documents to the deadline for bidding)".
Analysis:According to the provisions of the Notice of the Ministry of Finance on Promoting Fair Competition in Procurement and Optimizing the Business Environment (Cai Ku 2019 No. 38), this qualification condition should not be provided by the merchant, but by the purchaser or the institution after the bid is opened.
3."The bidder shall not be directly or indirectly related to the design, preparation of specifications or its subsidiaries for the subject matter of this procurement".
Analysis:Such expressions are prone to controversy and should be expressed in accordance with Article 18 of the Regulations for the Implementation of the Procurement Law: except for a single procurement project, the first business provider that provides overall design, specification preparation or project management, supervision, testing and other services for the procurement project shall not participate in other procurement activities of the procurement project.
4.* There shall be no abnormal operation and economic disputes;
Analysis:The existence of abnormal business operations and economic disputes does not mean that the first business must have serious untrustworthy behavior, which is illegal as a qualification condition.
5.This project only accepts bids from manufacturers;
Analysis:The bidding documents limit the bidder's qualifications to the manufacturer, excluding the best merchants and distributors, which does not conform to the principle of fair competition.
6."* The merchant shall not be in the state of being ordered to suspend production and business, suspend or revoke licenses, suspend or revoke licenses, or revoke qualification certificates."
Analysis:Article 19 of the Regulations for the Implementation of the Procurement Law stipulates that a record of major violations refers to administrative penalties such as criminal penalties or orders to suspend production and business, revocation of permits or licenses, and relatively large fines for illegal operations. The suspension of licenses and permits and the revocation of qualification certificates are not within the scope of the statutory restrictions.
7."If there is a record of administrative punishment as stipulated in Article 19 of the Regulations for the Implementation of the Procurement Law, the bid will be deemed invalid."
Analysis:Article 19 of the Regulations for the Implementation of the Procurement Law stipulates that the record of major violations referred to in Item 5, Paragraph 1 of Article 22 of the Procurement Law refers to administrative penalties such as criminal penalties or orders to suspend production and business, revocation of permits or licenses, and relatively large fines for illegal operations. The procurement documents so provided for the omission of criminal penalties.
8.The first business is required to promise that "we participate in this procurement activity, and there is no situation where two or more subsidiaries of the same parent company participate in the procurement activities under the same contract of this project at the same time as different business owners".
Analysis:If the two subsidiaries do not have the circumstances specified in Article 18 of the Regulations for the Implementation of the Procurement Law, they may participate in procurement activities. It is inconsistent with the law to prohibit two or more subsidiaries from participating in the same procurement activity at the same time.
9."If the business provides consultation and demonstration for the purchaser and the procurement agency in the process of determining the procurement needs and preparing the procurement documents, and the consultation and demonstration opinions provided by it become the substantive content clauses such as the qualification conditions, technical service business requirements, evaluation factors and standards, and the procurement contract specified in the procurement documents, it shall be deemed to provide standardized preparation for the procurement project."
Analysis:According to Article 10 of the Measures for the Administration of Procurement Demand, when conducting demand surveys for market entities, no less than 3 survey subjects are selected and should be representative. That is to say, it is normal for the first merchant to cooperate with the purchaser to carry out a demand survey. If the procurement documents stipulate that the first merchant can no longer participate in the procurement activity if it cooperates with the purchaser in the procurement demand investigation, and taking this situation as a qualification condition may become a means for the purchaser to exclude a specific ** businessman.
10."* Merchants need to provide a valid Class II medical device business record certificate".
Analysis:The state implements record management rather than license management for the operation of Class II medical devices, and filing is not a necessary condition for relevant first-class merchants to operate Class II medical devices. Even if it has not been filed, the relevant ** business can also engage in the business activities of Class II medical devices. **The merchant has not been filed at the time of bidding, but it does not affect its bidding qualifications.
The above is all the content of this issue, thank you for reading, thank you for your attention to the procurement school, and we'll see you next time!
Hot recommendation
1.Does the renewal of the ** procurement contract need to be approved by the financial department?2.18 things that must be known to the purchaser's representative to participate in the review work!3.Heavy!**Promote a number of **procurement reforms** here, and the waiting period is not less than 40 days!