Can the procurement documents of government procurement projects require the scope of business?

Mondo Finance Updated on 2024-02-24

The "Notice on Further Standardizing the Examination of Enterprise Business Qualifications in the Process of Bidding and Bidding" (Fa Gai Ban Regulation No. 2020 No. 727) jointly issued by the State Administration for Market Regulation stipulates that "the tenderer shall not use the business scope recorded in the business license as the basis for determining the bidder's business qualifications in the prequalification announcement, prequalification documents, bidding announcements and bidding documents of the bidding project", does the provision apply to ** procurement projects? **Is it possible to request a business scope for a procurement project?

A:This provision does not apply to ** procurement items. However, even if there is no special document for procurement, the procurement document cannot take the business scope specified in the business license as a qualification condition or evaluation factor.

This is because the business scope is not an administrative licensing matter. The registration of business scope is only a process in which market entities publicize their business activities through registration in accordance with regulations, and does not constitute a restriction on the general business capacity of market entities.

Therefore, for general procurement projects, the business scope has nothing to do with the performance ability of the first business, nor does it have anything to do with the procurement demand.

For procurement projects that are subject to compulsory access management and must be approved before they can be engaged, the procurement documents should take the relevant licenses and compulsory certificates as qualification conditions or substantive requirements, and in fact, they do not look at the scope of business. Because of the current implementation of "separation of licenses and licenses", there is no necessary connection between the permit and the business license.

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