Article 32 of the Regulations for the Implementation of the Bidding Law stipulates that restricting or designating a specific patent, trademark, brand, country of origin or supplier is a situation in which the tenderer restricts or excludes potential bidders or bidders with unreasonable conditions. Article 18 of the Bidding Law clearly stipulates that a tenderer shall not restrict or exclude potential bidders with unreasonable conditions.
In the case that the technical specifications are difficult to describe clearly when the tenderer prepares the tender documents, it is generally believed that as long as more than three brands are designated, it will not violate the provisions of the Bidding Law on "restricting and excluding potential bidders or bidders". In fact, this understanding is wrong. No matter how many brands are designated, it is an act of "designating brands" to restrict competition and violate the bidding law.
Second, the quotation brand should be selective.
Article 26 of the Measures for Tendering and Bidding of Construction Projects and Article 25 of the Measures for Tendering and Bidding of Construction Projects both stipulate that the technical standards of a manufacturer or supplier must be quoted to accurately or clearly explain the technical standards of the project to be tendered, and the words "or equivalent" should be added after the quotation.
When preparing the bidding documents for goods and construction of engineering construction projects, when the technical specifications are difficult to describe clearly, it is allowed to cite the technical standards of some brand suppliers as an example to explain the technical specifications, but at the same time, it is required that the word "or equivalent" must be added after the brand is quoted to indicate the technical requirements of the tenderer for the project to be tendered, and the quoted brand of goods is optional in the market.
Third, the judgment of the same brand.
When judging whether other bidding products provided by bidders belong to the same brand. For the division of brand grades, there are no detailed provisions in relevant laws and regulations, and it is not a relatively fixed standard based entirely on industry reputation and subjective judgment of bid evaluation experts. Therefore, it is difficult to grasp the scale and it is easy to produce differences in cognitive standards.
As the technical parameters of different brands and the same category are comparable, it is suggested that bidders try their best to compare and judge by regression parameters to avoid subjective judgment.
Extended reading:
Article 18 of the Tendering and Bidding Law: A tenderer may, according to the requirements of the project subject to tender itself, require potential bidders to provide relevant qualification documents and performance in the tender announcement or invitation letter, and conduct qualification examination on potential bidders; Where the state has provisions on the qualifications of bidders, such provisions shall prevail. The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and shall not discriminate against potential bidders.
Article 32 of the Regulations for the Implementation of the Bidding Law stipulates that a tenderer shall not restrict or exclude potential bidders or bidders with unreasonable conditions. If a tenderer commits one of the following acts, it belongs to restricting or excluding potential bidders or bidders with unreasonable conditions: (1) providing different project information to potential bidders or bidders for 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.
The technical standards stipulated in Article 26 of the Measures for Tendering and Bidding of Construction Projects shall conform to the mandatory national standards. All technical standards specified in the tender documents shall not require or indicate specific patents, trademarks, names, designs, countries of origin or production suppliers, and shall not contain other contents that tend to or exclude potential bidders. If it is necessary to quote the technical standards of a manufacturer and supplier to accurately or clearly explain the technical standards of the project to be tendered, the words "or equivalent" should be added after the quotation.
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