7.21 News, the Gansu Government Procurement Service Information Platform recently issued a decision on the supervision and inspection of the Tongwei County Disabled Persons’ Federation’s equipment adaptation project for the disabled.
Purchaser: Tongwei County Disabled Persons' Federation
Purchasing agency: Gansu Rentong Tendering Co., Ltd.
It is understood that on June 2, 2022, the Finance Bureau issued a supervision and inspection notice on the procurement project to the relevant parties. On June 10, we received an explanation of the reported matters from the purchaser and procurement agency regarding the procurement project, and submitted the bidding documents and relevant bid opening and review materials for the project. The Finance Bureau carefully verified the reported matters:
1. Item 1 of the report after verification: Provide pictures of the bed panel rounding process for (3) of the nursing bed in the technical parameters of the bidding document; (6) is automatically welded and formed by robots; provide antibacterial performance (SGS) of sprayed powder Third-party inspection report; Article (8) Provide third-party hospital bed inspection report. "The certification materials required are the reasonable requirements formulated by the purchaser to inspect the product quality based on the project characteristics and procurement needs to ensure that the manufacturer provides qualified products, in compliance with "" Article 20 of the Measures for the Administration of Tendering and Tendering for Government Procurement of Goods and Services (Order No. 87 of the Ministry of Finance) states that “the purchaser or agency shall prepare bidding documents based on the characteristics and procurement needs of the procurement project”. There is no tendency or tendency. Exclusive, so the reported matter is not established.
In the bidding document, "Provide a copy of the purchase invoice of the hollow machine (blow molding machine) of the hospital bed manufacturer and a copy of the purchase invoice of ABS materials in the past year; (7) Provide the purchase invoice of the automated coating production line and the robot; provide A copy of the invoice of the manufacturer's catenary shot blasting machine; a copy of the purchase invoice of the hospital bed manufacturer injection molding machine and a copy of the invoice for the purchase of ABS materials in the past year; the nursing bed (7) provides the provincial institution salt spray detection report". It is necessary to provide relevant information for inspecting product quality. The law does not require the provision of invoices related to the goods. In the bidding documents, suppliers shall not be required to provide test reports issued by designated national, provincial and other testing agencies. There are other unreasonable conditions. Restrict or exclude potential suppliers. In compliance with Article 20 of the "Regulations for the Implementation of the Government Procurement Law" "If a purchaser or procurement agency has any of the following circumstances, it shall be treated as a differential or discriminatory treatment against suppliers under unreasonable conditions: (8) Other unreasonable conditions "Restricting or excluding potential suppliers" provisions, there is exclusive , so the reporting matter is established.
2. Item 2 reported after verification: The mechanical equipment required in the procurement document is a key process set up to meet product quality, and it is crucial to whether the supplier provides quality and safe goods. It complies with the provisions of Article 20 of the "Measures for the Administration of Tendering and Tendering for Government Procurement of Goods and Services" (Order No. 87 of the Ministry of Finance) that "the purchaser or agency shall prepare bidding documents based on the characteristics and procurement needs of the procurement project", so the matter reported Not established.
3. Item 3 of the report after verification: The goods purchased in this project are assistive devices for disabled people, which are products that can effectively prevent, compensate, alleviate and offset the weakening or loss of physical functions caused by disability. They are not purchased as ordinary goods. The reporter There is no factual basis for believing that assistive devices for disabled people are ordinary goods, so the report is not established.
4. Item 4 reported after verification: The requirement to provide famous trademark certificates in the bidding documents violates Article 5 of the " Government Procurement Management Measures to Promote the Development of Small and Medium-Sized Enterprises" (Caiku [2020] No. 46) "The purchaser is engaged in government procurement activities" The procurement needs of the procurement project shall be reasonably determined, and scale conditions and financial indicators such as the enterprise's registered capital, total assets, operating income, employees, profits, tax amount shall not be used as supplier qualification requirements or evaluation factors, and shall not be used in the enterprise "differential or discriminatory treatment for small and medium-sized enterprises in terms of equity structure, operating years, etc." And the " Gansu Provincial Famous Trademark Recognition and Protection Regulations " was decided to be abolished at the second meeting of the Standing Committee of the 13th Gansu Provincial People's Congress on March 30, 2018.Using "famous trademark" as a bonus item is discriminatory against suppliers of non-famous trademark brands, excluding or limiting potential suppliers' opportunities to compete fairly, and is inconsistent with Article 13 of the " Optimization of the Business Environment Regulations " "Tendering and government procurement shall be open, transparent, fair and just, market entities of all types of ownership and different regions shall be treated equally in accordance with the law, and shall not be restricted or excluded based on unreasonable conditions or product origins, etc.", in line with the provisions of the "Government Procurement Law" Article 20 of the Regulations “If a purchaser or procurement agency has any of the following circumstances, it shall be treated as differential or discriminatory treatment against suppliers under unreasonable conditions: Item (6) restricts or designates specific patents, trademarks, Brands or suppliers; "Item (8) restricts or excludes potential suppliers with other unreasonable conditions" is exclusivity, so the reported matter is established.
Handling results and basis: The Finance Bureau made the following handling decision in accordance with the provisions of Article 71, Item 3 of the "Government Procurement Law of the People's Republic of China" and Article 31, Item 4 of the "Government Procurement Questions and Complaints Measures":
(1) The Tongwei County Disabled Persons’ Federation failed to fulfill its main responsibilities in this procurement project, which led to the establishment of some of the whistleblower’s reports. We will issue a notice of criticism and order rectification within a time limit. The rectification report will be reported in writing within 10 days. My game. In future procurement activities, if similar problems occur again, they will be dealt with seriously in accordance with disciplines and regulations.
(2) Give a warning to Gansu Rentong Tendering Co., Ltd. for using unreasonable conditions to treat suppliers differently or discriminatory clauses that restrict other potential suppliers from bidding in the preparation of bidding documents, and order rectification within a time limit. The rectification report shall be submitted to our bureau in writing within 10 days. In future procurement activities, if similar problems occur again, they will be dealt with seriously in accordance with disciplines and regulations.
(3) In view that the procurement contract for this project has been fulfilled, the Tongwei County Disabled Persons' Federation is instructed to carefully organize relevant experts to inspect and accept the project, promptly rectify any problems found, and complete the procurement tasks of the project with quality and quantity.
According to public information: the registered address is Unit 6, Building No. 4, Xihuan Road, Anding District, Dingxi City, Gansu Province (Jiangxia Phase IV), legal representative Zhang Moumei, business scope project bidding consulting and agency; government procurement, material procurement bidding services ; Project cost. (Projects that are subject to approval according to law can only be carried out with the approval of relevant departments) ***
After multiple verifications, it was learned that the company had an administrative penalty warning of 1 period, and the agency Gansu Rentong Tendering Co., Ltd. was responsible for the violation of the law in an unreasonable manner. If the conditions apply differential or discriminatory treatment to suppliers, the penalty result will be an administrative penalty of warning to the bidding agency Gansu Rentong Tendering Co., Ltd.
Source of information: Gansu Government Procurement Network, Qichacha
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