Keywords:
needs surveys; technical parameters; Collusion.
Case playback
An emergency virtual training room equipment procurement project adopts competitive negotiation procurement methods, with a budget of 1.56 million yuan, and the procurement content includes MR multi-person collaborative training system, VR multi-person collaborative virtual training system, etc. In the stage of determining the procurement demand, the purchaser and the first business have contacted, the first business to provide the purchaser with the design plan and equipment model and other parameters, the purchaser in the preparation of the negotiation documents completely copied the equipment model and parameters provided by the first business, after the release of the negotiation documents, no business questioned this. In the end, the qualification examination of the A** business was not passed, and the B** business became the first business of the project.
A** business within the statutory time limit to raise a question, because of the dissatisfaction with the question reply to the financial department to file a complaint, the complaint is: the project is designed by a ** business for the purchaser, the project parameters are completely in accordance with the parameters provided by a * * business, B * business response documents can not meet the requirements of the project, it is a provision of false materials to seek a deal, requiring the determination of the project procurement results are invalid, re-carry out procurement activities. The investigation of the financial department found that the project did have a number of first-class bidding documents to meet the requirements of the negotiation documents, but wondered whether the parameters adopted by the project were directive, and whether there was collusion between the purchaser and the A** businessmen.
Questions arise. 1.Prepare procurement requirements, can the purchaser contact the best businessman?
2.Can the procurement requirements be provided by the ** supplier?
Expert commentary. Question 1: Zhang Hua, a procurement review expert in Shandong Province, believes that if the purchaser does not understand the development of the industry and the market supply before determining the procurement demand, the purchaser can contact the first businessman; If the purchaser is completely isolated from the market, it will not be able to understand the industry situation of the procurement target, and it will not be able to avoid possible problems in advance. This is clearly stipulated in Article 10 of the "Measures for the Management of Procurement Demand" (Cai Ku 2021 No. 22).
Han Mengyu, a veteran in the industry, reminded that when the purchaser conducts a procurement demand survey for the market, he should investigate no less than 3 representative merchants, and cannot only contact a certain merchant and use the parameters provided by it.
Question 2: Su Liqin, a procurement review expert in Xinjiang Uygur Autonomous Region, believes that "if the purchaser finds that some products are in line with the purpose of the project, the parameters are suitable to be set as procurement requirements, even if the parameters are provided by the supplier." However, it should be noted that the parameters and requirements of the procurement target of a project, there must be at least 3 first-class merchants in the market to participate in the competition of the project, otherwise it will affect the fair competition of the first-class procurement. ”
Wang Ke, deputy director of the Public Resources Trading Center of Tongling City, Anhui Province, believes that in this project, although the first business complained that other business owners could not meet the needs of the project, the review experts found that other business owners could indeed meet the needs of the project and actively participate in the competition, so the complaint that the business could not meet the needs of the project was not established.
Regarding whether there is collusion between the A** merchant and the purchaser and whether the procurement demand is directional, Wang Ke believes that the purchaser and the A** merchant cannot be judged to have colluded behavior just because the purchaser has contact with the A** merchant before determining the procurement demand. If the financial department suspects that the purchaser maliciously colludes with the best business in the process of determining the procurement demand, the clues can be handed over to the public security organ for investigation and evidence collection. As for whether the procurement demand of the project is directional, it is necessary to comprehensively judge whether the procurement documents are customized for the first business and whether there are multiple first-class merchants in the market who can meet the needs of the project.
Regulations apply. **Article 10 of the Measures for the Management of Procurement Demand (Treasury 2021 No. 22).