Keywords:
core products; technical parameters; Substantive response.
Case playback
The medical equipment procurement project of a city hospital is open for bidding, with a budget of 20 million yuan, divided into 9 packages. Among them, package 7 contains portable color Doppler ultrasound system, color Doppler ultrasound diagnostic instrument and other medical equipment, and the core product of the package is a portable color Doppler ultrasound system.
*The merchant questioned that the Baoqi portable color Doppler ultrasound system was the core product, and the technical parameters of the core product were the core parameters, and *the core products invested by the merchant did not respond substantively one by one, and requested to cancel the bidding qualification. Dissatisfied with the response to the question, he filed a complaint with the financial department.
The financial department reviewed the relevant materials of the project, and organized experts to demonstrate, that the project is not a single product procurement, and the purchaser will set the portable color Doppler ultrasound system as the core product of the package in the bidding documents, but there is no requirement for the core product must be "substantive response one by one" or "substantive requirements can not deviate", in line with the relevant regulations, and it is determined that the complaint is not established.
Questions arise
Do the core product specifications have to be responded to one by one?
Expert commentary
In this case, whether the technical parameters of the core product are responded to one by one depends on the provisions of the bidding documents. An industry veteran believes that if the bidding documents stipulate that the technical parameters of the core product are not allowed to deviate, the bidder needs to respond one by one; If the bidding documents do not stipulate that the technical parameters of the core product are not allowed to deviate, the bidder can win the bid even if it does not respond one by one. The core products should be expressed in the bidding documents, and the technical parameters of the core products must be marked in a conspicuous manner such as the " " sign and explain the meaning.
The purpose of the core product setting is to promote full competition in the project. A senior person in the procurement center said that in accordance with the provisions of Article 31 of the Administrative Measures for the Bidding and Bidding of Procurement of Goods and Services (Order No. 87 of the Ministry of Finance, hereinafter referred to as Order No. 87), the core products are reasonably determined according to the technical composition of the procurement project, the proportion of products and other factors.
In addition, in accordance with Article 20 of Order No. 87, the procurer or the procurement agency shall stipulate in the bidding documents the substantive requirements and conditions that are not allowed to deviate from them, and indicate them in a conspicuous manner. To judge whether the technical parameters of the product substantially respond to the procurement demand, or whether it is necessary to respond to the procurement demand one by one, the provisions of the bidding documents shall prevail, rather than whether the product belongs to the core product.
Xu Zhihua of Sichuan Lanrun Law Firm believes that the first business should respond to the substantive requirements of the procurement documents. If the parameters of the core product are marked as "" parameters, the supplier should respond one by one.
The substantive requirements specified in the bidding documents must be fully responded to, otherwise the bid is invalid. Ding Jianwei, chairman of Zhejiang Minfa Electromechanical Technology, said.
Regulations apply. **Administrative Measures for Bidding and Bidding for Procurement of Goods and Services (Decree No. 87 of the Ministry of Finance).
Article 20 The substantive requirements and conditions that are not allowed to deviate shall be specified in the bidding documents by the purchaser or the procurement agency, and shall be marked in a conspicuous manner.
Article 31 For non-single product procurement projects, the purchaser shall reasonably determine the core products according to the technical composition of the procurement project and the proportion of the product, and specify it in the bidding documents.