as long as it is a government procurement project, whether it is to purchase imported products or domestic products, it is not allowed to specify brands, otherwise it will be to treat suppliers differently or discriminately under unreasonable conditions.
1. It is illegal to list alternative brands. A senior expert in the government procurement industry told the reporter that there is no mention in any laws and regulations related to government procurement that alternative brands can be listed in the bidding documents. This behavior is obviously brand discrimination and is a typical illegal act. The expert told the reporter that at present, it is not uncommon to list alternative brands in the bidding documents as in the case,
2. No, it belongs to differential treatment or discriminatory treatment of suppliers under unreasonable conditions. The legal basis is stipulated in Article 2 of the Regulations for the Implementation of the Government Procurement Law. If a purchaser or procurement agency has one of the following circumstances, it will be treated differently or discriminatively against suppliers under unreasonable conditions: (6) limiting or designating a specific patent, trademark, brand or supplier;
3. The business license examines whether the supplier is an independent legal person with independent civil liability capacity, while the social security certificate examines whether the supplier has good business credit and ability, which are used for different purposes and cannot replace each other.
4. This time point is the deadline for bidding. If the certificate is valid before the deadline for bidding, there is no problem. If December is the time for bid opening, that is, the deadline for bidding is in December, and the certificate will expire in November, then the certificate is invalid. After the bid-winning notice is issued, the winning supplier gives up the bid, and the bid of the second winning candidate is too high. Can you not confirm that the second winning candidate is the winning supplier? Answer: If the winning supplier refuses to sign a contract with the purchaser, the purchaser can sort the winning list recommended by the evaluation report, determine the next candidate as the winning supplier, or restart the government procurement activities. In the above circumstances, if the purchaser is not satisfied with the quotation of the second successful candidate, the government procurement activities can be resumed. The legal basis is Article 49 of the Regulations for the Implementation of the Government Procurement Law.