Article 22, Paragraph 2 of the "Government Procurement Law" stipulates: "The purchaser may stipulate specific conditions for suppliers based on the special requirements of the procurement project." This provision provides purchasers with purchasing convenience.
However, in procurement practice, doubts and complaints often occur because specific conditions are not raised properly. So, how should the purchaser set legal and reasonable specific conditions according to the special requirements of the procurement project?
Specific conditions should be suitable for procurement needs
Firstly, determine the industry based on the content of the procurement needs; secondly, consult industry regulations and determine suitable qualifications. Specific qualifications cannot require qualifications that are unrelated to the procurement needs, nor can they require qualifications that exceed those actually required by the needs.
The State Council has repeatedly issued documents to cancel or modify the qualification requirements for many industries. For example, property services no longer require qualifications. Therefore, special attention needs to be paid to the fact that specific qualifications should be mandatory qualifications expressly required by law. Qualifications set by industry associations generally do not serve as specific qualifications. When setting specific qualifications, first of all, attention should be paid to compliance and timeliness.
Secondly, we should focus on the latest requirements of the Ministry of Finance, industry-leading ministries and commissions, and local governments. For example, when purchasing information products, in the context of promoting national information security, pay attention to whether there are national information security products in the procurement requirements. If so, corresponding specific qualifications need to be set.
Thirdly, according to the requirements of the "Notice on Promoting Fair Competition in Government Procurement and Optimizing the Business Environment" (Caiku [2019] No. 38), government procurement projects must be combined with the overall background of business environment optimization. Specific qualifications should be set appropriately and should not be increased without authorization.
Specific qualifications should ensure full competition
Three points for purchasers to note when setting "specific conditions":
1. Do not violate relevant national policy requirements , if the specific condition itself is illegal, it cannot be used as a specific condition. At the same time, selecting specific qualifications must not violate the requirements of laws and regulations related to government procurement, such as supporting the development of small and medium-sized enterprises and promoting the promotion of energy-saving and environmentally friendly products.
2. The specific conditions set should be adapted to the specific characteristics and actual needs of the procurement project, or related to the performance of the contract. Consistent qualification review standards should be adopted for suppliers. Specific conditions must not point to specific patents, trademarks, brands or suppliers. The ownership form, organizational form or location of suppliers must not be illegally restricted, and other unreasonable conditions must not be used to restrict or exclude suppliers. potential suppliers.
3. After setting specific conditions, ensure that the project is still fully competitive and that at least 3 suppliers in the project meet the qualifications, etc.
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