In the procurement of goods and services, due to the lack of understanding of the provisions of the procurement regulations by some purchasers or institutions, there may be some problems in violation of regulatory requirements when setting the qualification conditions of potential suppliers. Below, we summarize the more common problems of three purchasers or institutions in setting the qualifications of potential merchants, and analyze and suggest them according to the situation, hoping to help purchasers or institutions better set the qualifications of potential merchants.
Problem 1: Set eligibility requirements that lack regulatory support
Case 1For a service procurement project, the special requirements (qualification requirements) that the bidder should have stipulate that "the first merchant must have the performance of more than 3 (inclusive) similar property projects with a contract amount of more than 1 million yuan (inclusive)".
[Legal basis].Because the contract amount is directly related to the operating income, it essentially belongs to the business income to exclude or restrict small and medium-sized enterprises from entering the procurement market, constituting "unreasonable conditions for the implementation of differential or discriminatory treatment of the first businessman", does not meet the following laws and regulations: Article 5 and Article 22, Paragraph 2 of the Procurement Law of the People's Republic of China, Article 20 (4) of the Implementation Regulations of the Procurement Law of the People's Republic of China, and Administrative Measures for Bidding and Bidding for Procurement of Goods and Services Article 17 of the Decree No. 87 of the Ministry of Finance, Article 5 of the Administrative Measures for Promoting the Development of Small and Medium-sized Enterprises through Procurement (Cai Ku 2020 No. 46), Article 1 (4) of the Notice of the Ministry of Finance on Promoting Fair Competition in Procurement and Optimizing the Business Environment (Cai Ku 2019 No. 38), and Article 18 of the Measures for the Management of Procurement Demand (Cai Ku 2021 No. 22).
[Suggestion].In this case, the limit on the contract amount should be removed, and the ** merchant should be required to provide no more than 2 similar business contracts. Some purchasers will also take the performance of a certain region or the performance of a certain industry as a qualification condition, and require that the first merchant must obtain a certain reward in a certain administrative region or a certain industry in order to participate in procurement activities, which is a specific manifestation of local protection or industry blockade, and is not allowed.
[Case 2].For a certain audio conference system procurement project, the purchaser requires potential bidders to have the service ability level qualification of the audio integration engineering enterprise.
[Situation analysis].According to Article 22 of the Procurement Law of the People's Republic of China, the service ability level qualification of the audio integration engineering enterprise is formulated and released by the China Audio and Digital Publishing Association, and does not belong to the conditions stipulated by the laws and administrative regulations that should be met to participate in the procurement activities, and shall not be used as a qualification requirement.
[Suggestion].Only the administrative licensing items and market access certification (conditions) specified in accordance with relevant laws and administrative regulations can be used as the qualification requirements for potential enterprises.
Problem 2: There are no qualification requirements for ** businessmen
Case 1A unit purchases IDC computer room leasing services, and at the same time purchases content including Internet access services, without setting the qualification requirements for ** merchants.
[Legal basis].According to Article 7 of the Telecommunications Regulations of the People's Republic of China, "the State shall implement a licensing system for telecommunications business operations in accordance with the classification of telecommunications services. To operate telecommunications business, it is necessary to obtain a telecommunications business license issued by the competent department of the information industry or the telecommunications management agency of a province, autonomous region or municipality directly under the Central Government in accordance with the provisions of these Regulations. Without obtaining a telecommunications business license, no organization or individual may engage in telecommunications business activities. "IDC computer room leasing and Internet access services are value-added telecommunications services, and potential contractors must have a value-added telecommunications business license before participating in the bidding.
[Suggestion].Carefully sort out the administrative examination and approval matters and industry access requirements that may be involved in the procurement of goods and services to ensure that there are no omissions.
[Case 2].There are no eligibility requirements for a security project.
[Situation analysis].According to the "Regulations on the Administration of Security Services", those who apply for the establishment of a security service company shall apply to the people's public security organ at the municipal level divided into districts where they are located for the issuance of a security service license.
[Suggestion].The special requirements for bidders for security projects should be set up with the qualification requirements of "having a "Security Service Permit" issued by the public security organ or filing with the Public Security Bureau. For comprehensive property projects, there are generally no special requirements;For greening and cleaning projects, the business scope of the business license may be required to reflect the relevance of the project;Other special operation qualifications and special requirements should not be used as mandatory qualifications for bidders.
Problem 3: The set qualification conditions are not suitable for the project procurement needs
Case 1A unit specializes in the printing project of professional qualification certificates for small and micro enterprises, and the bidder is required to have the qualification of printing the certificate of Class A secret-related anti-counterfeiting bills.
[Situation analysis].The requirements of printing small and micro enterprises are contradictory to having the qualification of printing Class A secret-related anti-counterfeiting bill certificates, and the scale conditions of small and micro enterprises cannot meet the application threshold of Grade A secret-related anti-counterfeiting bill certificate printing qualifications.
[Suggestion].If the certificate does have anti-counterfeiting technical requirements, the scope of the project should be re-selectedIf there are no anti-counterfeiting technical requirements, the qualification requirements for the printing qualification of Class A secret-related anti-counterfeiting bill certificates can be deleted.
[Case 2].For a bill printing project, the purchaser sets the bidder qualification requirements for having a printing business license (including: publication printing) qualification.
[Legal basis].According to Article 20 of the Regulations for the Implementation of the Procurement Law of the People's Republic of China, the qualifications set must be adapted to the specific characteristics and actual needs of the procurement project, and the printing of bills does not involve publication.
[Suggestion].For printing projects of bills, certificates and other non-published contents, the bidder qualification selection has a printing business license (including: other printed matter printing), and the bidder qualification selection of books, magazines and newspapers for printing projects has a printing business license (including: publication printing).
Well, the above is about the more common problems and situations shared by purchasers or institutions when setting the qualifications of potential merchants. Welcome everyone to click *** to learn more about political mining!