The Bidding and Bidding Law clearly stipulates that owners cannot specify brands. When preparing bidding documents, the standard text formulated by the development and reform department of the State Council in conjunction with relevant administrative supervision departments should be used. The bidding documents must clearly specify the requirements of potential bidders in bidding. Provide relevant qualification certificates, such as industrial and commercial business license, organization code, tax registration and relevant technical qualifications, to prove that the bidder has the ability to undertake the bidding project. The relevant provisions are as follows:?
Article 20 of the Tendering and Bidding Law of the People's Republic of China and the State Bidding Documents shall not require or indicate specific production suppliers or other content that favors or excludes potential bidders.
Article 26 The bidder shall have the ability to undertake the bidding project; if the relevant national regulations have stipulations on the qualifications of bidders or the bidding documents have stipulations on the qualifications of bidders, the bidder shall have the prescribed qualifications. .
Article 15 of the "Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China" For projects subject to public bidding, bidding announcements and bidding documents shall be issued in accordance with the provisions of the Tendering and Bidding Law and these regulations.
If the tenderer uses pre-qualification methods to conduct qualification reviews of potential bidders, it shall issue a pre-qualification announcement and prepare pre-qualification documents.
Prequalification announcements and bidding announcements for projects that require bidding according to law shall be published on the media designated by the development and reform department of the State Council in accordance with the law. The content of prequalification announcements or bidding announcements for the same bidding project published in different media should be consistent. Designated media shall not charge fees for publishing domestic pre-qualification announcements and bidding announcements for projects that require bidding according to law.
When preparing pre-qualification documents and bidding documents for projects that require bidding according to law, the standard texts formulated by the development and reform department of the State Council in conjunction with relevant administrative supervision departments should be used.
Article 32 The tenderee shall not restrict or exclude potential bidders or bidders with unreasonable conditions. If a tenderer commits any of the following acts, it shall be deemed as restricting or excluding potential bidders or bidders with unreasonable conditions:
(1) Providing different projects to potential bidders or bidders for the same bidding project Information;
(2) The qualifications, technical and business conditions set are not compatible with the specific characteristics and actual needs of the bidding project or have nothing to do with the performance of the contract;
(3) In accordance with the law Projects that must be tendered use performance and awards in specific administrative regions or specific industries as bonus points or bid winning conditions;
(4) Adopt different qualification reviews or bid evaluation standards for potential bidders or bidders ;
(5) Limit or designate specific patents, trademarks, brands, origins or suppliers;
(6) Illegal restrictions on potential bidders for projects that require bidding according to law, or The ownership form or organizational form of the bidder;
(7) Restricting or excluding potential bidders or bidders with other unreasonable conditions.