Gree's stubbornness and belief "I want to recover the price difference loss of 4 million yuan for the government!" On February 1 2065438, Dong Mingzhu, who participated in the panel discussion of Zhuhai delegation of Guangdong Provincial People's Congress, once again raised the case of Gree's bid cancellation, questioned the government procurement department's waste of taxpayers' money, and sued Wang Yang, secretary of Guangdong Provincial Party Committee, "I won the first bid with170,000 yuan, and it was a technology with independent property rights. The other party actually found a reason, said a wrong word to cancel your bid, and chose 2 1 10,000, which was 4 million more. This product is definitely not as good as mine. I can say this here. " Wang Yang made a move on the spot: "Tell him!" In response to Dong Mingzhu's "complaint", Zhang Yan, director of the Guangzhou Municipal Finance Bureau, said frankly: "Even from a very harsh point of view, the Guangzhou Municipal Finance Bureau has no flaws, and we have no faults." He said that the whole thing was in accordance with the procedure, and there was no defense link in the bidding process. As for why the substantive clauses in Gree's tender did not respond, "This is a question for Gree. Why didn't you write these things at that time? " "The Government Procurement Law gives experts the power to evaluate bids, not government departments. If you think the experts have any problems in it, the key is to have evidence. " Zhang said, "Comrade Dong Mingzhu said that she would definitely win. I don't know what this' must win' is about. " "Everyone thinks that we are against the government, but I think it is also the responsibility of enterprises and entrepreneurs to help society develop in a good direction." In the face of the tough response from Guangzhou Finance Bureau, Dong Mingzhu still went his own way. "Many companies are worried that the government will give them little shoes, even if they are wronged, they dare not speak out. No one has talked to me about this before, and I feel too sensitive to come to me and won't say anything. But I believe that justice lies in people's hearts. As long as it is the right thing, we will definitely go back and stick to it. This is also the reason why Gree has been respected for so many years ... "In fact, government procurement is not without rules. The Government Procurement Law has been implemented since 2003, but it has been criticized that there are some legal blind spots and lack of implementation rules. In reality, some places have maliciously manipulated these gray areas for many times, resulting in the exclusion of national brands, the purchase price is much higher than the market price, the expert database is poorly managed, the discretion of bid evaluation experts is too large, the buyer "selectively" confirms the winning bidder, and the buyer and the equipment manufacturer collude maliciously. Fortunately, just as Gree and Guangzhou Municipal Finance Bureau were having heated discussions, on 20 1065438+ 165438 10, the State Council Legislative Affairs Office published the Regulations on the Implementation of the Government Procurement Law (Draft for Comment) to solicit opinions from all walks of life, aiming at refining the principled provisions of the procurement law. Seven years after the implementation of "Government Procurement Law", the implementation regulations full of expectations finally came late, and its efforts in enhancing operability can be seen in the provisions. We will wait and see where the "Gree Withdrawal Case" will eventually go. -This is after the huge storm that domestic air-conditioning manufacturers in Hefei, Anhui Province collectively protested against the ban on household air-conditioning in 2006. Gree Air Conditioning and its President Dong Mingzhu once again stood on the cusp of facing the hidden rules of government procurement. Financial bidding: the lowest price is lost to the highest price. Over the past year or so, the case of Gree Electric, the world's largest air-conditioning manufacturer, v. Guangzhou Finance Bureau, which is the leader in the domestic air-conditioning industry, has aroused great concern from all walks of life, including political circles, because in this government procurement tender, Gree, with the world-leading technology level, lost to the highest price at the lowest price. This goes back to September 2008. Gree participated in the procurement project of Panyu Central Hospital's "Frequency Conversion Multi-connected Air Conditioning Equipment and its Installation in Outpatient Building" which was publicly tendered by Guangzhou Municipal Government Procurement Center, and gave the lowest quotation of 6,543.8+070,700 yuan, but the result was excluded, while Guangdong Petrochemical's quotation was 2,654.38+05110,000 yuan. Gree refused to accept, complained to Panyu District Finance Bureau, and demanded to restore the qualification of the candidate for winning the bid and cancel the qualification of Guangdong Petrochemical. The lowest price actually lost to the highest price. What are the regulations of Panyu Finance Bureau on government procurement? Is it opaque and unfair? Is it possible that there is an ugly and dark phenomenon of bid manipulation? No one can give an answer at present. If the so-called "hidden rules" really exist, and the whole society still chooses silence in the face of this "hidden rules", then the direct harm consumers will face and the long-term damage caused by this phenomenon to industry rules, business order, government reputation and social atmosphere are immeasurable. As for government procurement, many deputies to the National People's Congress and CPPCC members pointed out in interviews that government procurement has become the "hardest hit area" for some illegal activities and the "high incidence area" for corruption and economic crimes. In particular, the shady situation in bidding is shocking, such as illegally linking projects, dismembering project benefit sharing, multi-head bidding, collusive bidding, low-middle-high calculation, illegal subcontracting for profiteering and so on. Dong Mingzhu exposed the inside story: I once received a phone call from a supplier asking for "cooperation". With the expansion of government procurement scale, it has become a "cake" for businesses to compete for. In 2008, Guangdong provincial government purchased more than 60 billion yuan. Therefore, this cake that costs taxpayers' money should be transparent and sunny, and should be widely supervised by society. However, for the repeated exposure of government procurement "only choosing the expensive ones and not choosing the right ones", the relevant departments should constantly improve the law and law enforcement to make government procurement more sunny and transparent. Government procurement not only needs Gree, but also needs fair and just "wrestling" and fair competition of enterprises, and more needs a "sunny" environment. Regarding whether there is "collusion" in this government procurement, Dong Mingzhu revealed, "Before the bidding, Guangzhou Gree received a call from a supplier asking for' cooperation', and we refused. But looking back, there is a great suspicion of "collusion". The highest price limit of the bidding project is 22.2 million yuan, and the price quoted by Guangzhou Gree is17.07 million yuan, down by 20%. We still have a reasonable profit. However, Guangdong Petrochemical Construction Group Company offered 2 1, 5 1, 000 yuan, down by 3. 1%, while other bidders offered 0.5%, 2.3% and 1.9% respectively. It is unconventional and unreasonable to float so small. " Dong Mingzhu bluntly said: "This kind of personal behavior of Guangzhou Finance Bureau can't represent the government at all, let alone be qualified to represent the government. This will only damage the image of the government. " Dong Mingzhu revealed that Gree Electric has been in close communication with the government. "Gree is in line with the interests of the government and is committed to promoting the procurement of Sunshine Government and safeguarding the fundamental interests of the people. Our position is the same as that of the government, which is to promote the government's sunshine procurement and drive some invisible black sheep out of the market. " She told reporters that in fact, after Gree sued the Guangzhou Finance Bureau, Gree also received calls from government leaders at all levels, all of whom supported Gree in safeguarding its own rights and interests and hoped that * * * would promote the government's sunshine procurement. Wang Yang, secretary of Guangdong Provincial Party Committee, even said that he would ask about this matter when he went to Zhuhai delegation for deliberation. Obviously, Gree and Dong Mingzhu's corporate citizenship behaviors of bravely pursuing sunshine have been recognized by all walks of life. It is not just axioms that support Gree to come forward this time. In fact, Gree's confidence and car-scrapping also come from an undeniable fact-Gree's unquestionable world-class technical level in the field of air conditioning. As Dong Mingzhu said, the only world famous brand in China didn't fall from the sky. There is only one national technology R&D center in China, right here. This is strength. The only world famous brand didn't fall from the sky. It is understood that as a successful independent brand, Gree air conditioners have won a broad market in developed countries such as Europe and America, especially in Italy, where some models have occupied 70% of the market. As a domestic brand whose product quality is generally recognized by developed countries, Gree must have struggled hard in the past, but at this time, all they ask is the word "fairness". "Without competition, we will fall behind, and competition is normal, but I hope the government will give me an environment where I can fully compete." Dong Mingzhu said. "You destroyed some people's vested interests, he must hate you. But you lose 1% and gain 99% trust. " Dong Mingzhu said bluntly. It is understood that Dong Mingzhu, as a representative of the National People's Congress, has repeatedly directly touched on the local protectionism of government procurement at NPC sessions. At the National Conference in 2007, Dong Mingzhu bluntly said: "At present, government agencies, large state-owned enterprises and major national projects are bidding for central air-conditioning procurement. Even if the price of national brands is one-third lower than that of foreign brands, the centralized procurement of these units still tends to foreign brands." Dong Mingzhu told reporters that at the National People's Congress on 20 10, she will submit suggestions on promoting independent innovation and government sunshine procurement. News Review: In September 2008, Gree sued Guangzhou Finance Bureau. Gree participated in the procurement project of Panyu Central Hospital's "Frequency Conversion Multi-connected Air Conditioning Equipment and its Installation in Outpatient Building" which was publicly tendered by Guangzhou Municipal Government Procurement Center, and gave the lowest quotation of 6,543.8+070,700 yuan, but the result was excluded, while Guangdong Petrochemical's quotation was 2,654.38+05110,000 yuan. Gree refused to accept, complained to Panyu District Finance Bureau, and demanded to restore the qualification of the candidate for winning the bid and cancel the qualification of Guangdong Petrochemical. On June 8, 2009, Panyu Finance Bureau selected 7 people from the government procurement expert database to form a bid evaluation verification team. Panyu Finance Bureau once again rejected the complaint of Gree Air Conditioning. After the appeal was invalid, Gree Air Conditioning applied to Guangzhou Finance Bureau for reconsideration, and Guangzhou Finance Bureau made an administrative reconsideration to maintain the new decision of Panyu District Finance Bureau. Gree filed a complaint against Guangzhou Finance Bureau. Just when the two sides went to court, Panyu Central Hospital and Guangdong Petrochemical signed a contract and started construction as early as the beginning of this year. On June 5438+February 3, 20091day, Guangzhou Tianhe Court dismissed Gree's lawsuit on the grounds that "Guangzhou Finance Bureau is not a competent defendant in this case". 20 10/0,65438, Guangzhou gree air conditioning formally submitted an administrative appeal to Guangzhou intermediate people's court on 9/0/2009, demanding that the administrative ruling made by Guangzhou Tianhe district people's court on 3/0/2009 be revoked, and ordering the court of first instance to continue to accept and hear the lawsuit of Guangzhou gree air conditioning. The appellee is still the defendant of first instance, Guangzhou. On February 1 2065438, Dong Mingzhu, a representative of the National People's Congress, complained to Wang Yang, secretary of the Guangdong Provincial Party Committee, and Wang Yang said that he would ask about this matter, which aroused great media attention.
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