A tenderer who commits one of the following acts shall restrict or exclude potential bidders or bidders with unreasonable conditions:
(1) Providing different project information to potential bidders or bidders of the same project subject to tender;
(2) The qualification, technology and business conditions set are not suitable for the specific characteristics and actual needs of the project subject to tender or have nothing to do with the performance of the contract;
(three) the project subject to tender according to law is based on the performance and awards of a specific administrative region or a specific industry as a condition for extra points or winning the bid;
(4) adopting different qualification examination or evaluation criteria for potential bidders or bidders;
(5) Defining or designating a specific patent, trademark, brand, country of origin or supplier;
(six) the project that must be subject to tender according to law illegally restricts the ownership or organizational form of potential bidders or bidders;
(seven) to restrict or exclude potential bidders or bidders by other unreasonable conditions.
Extended data:
Article 32 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) is about prohibiting the exclusion and restriction of bidders.
Allowing potential bidders to participate in bidding competition fairly is the premise and guarantee for the bidding system to play a fundamental role in resource allocation. Influenced by the interests of local authorities and departments, even bidders seek illegitimate interests, and in practice exclude and restrict potential bidders in various ways;
It hinders the formation of a unified, open and competitive bidding market. In view of this situation, this article makes detailed provisions on the behavior of restricting and excluding potential bidders, which provides a clear basis for administrative supervision departments to investigate and deal with them according to law.
Restrict or exclude potential bidders or bidders with other unreasonable conditions; Possible situations in practice include: unreasonable requirements for obtaining pre-qualification documents or bidding documents in pre-qualification announcement or bidding announcement;
Obstructing potential bidders from obtaining pre-qualification documents or bidding documents under various excuses; Pre-qualification documents and tender documents do not meet the requirements in terms of the sale period, the deadline for bidding and the notification time for clarification or modification of tender documents; Require bidders to submit a bid bond in excess of the prescribed proportion.
Differentially provide potential bidders or bidders with information on bidding projects; The qualification, technology and business conditions set are not suitable for the specific characteristics and actual needs of the project subject to tender or have nothing to do with the performance of the contract; For a project that must be subject to tender according to law, the performance and awards of a specific administrative region or a specific industry are used as the conditions for bid evaluation or winning the bid;
Define or designate a specific patent, trademark, brand, country of origin or supplier; Different potential bidders or bidders should accept different qualification examination or evaluation criteria.
Baidu Encyclopedia-Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC)