Item 4 of Article 2 of the Regulations for the Implementation of the Procurement Law of the People's Republic of China mentions "bonus conditions" and "conditions for winning the bid and closing the transaction", and the conditions for winning the bid and closing the transaction should be uncontroversial, that is, the qualifications of suppliers. Combined with this content, factors such as performance and rewards in specific regions and industries should refer to extra points in the evaluation process.

Therefore, a specific industry is an industry within a certain range, such as educational colleges and universities, elevators of mechanical and electrical equipment, etc. Generally, this provision in the tender documents is based on the performance of the same type of industry of the project subject to tender, so it is not specific if the scope is enlarged. ?

For example, "cooperation experience with a certain company is preferred" should be restricted by a specific industry. If it is included in the qualification requirements or bonus conditions, it can be questioned, which excludes potential bidders who have not cooperated with a certain company. Cooperation does not mean that they will be able to implement this project.

Article 2 of the Regulations for the Implementation of the Procurement Law of the People's Republic of China stipulates that a purchaser or a procurement agency will be treated differently or discriminately against suppliers under unreasonable conditions if it is under any of the following circumstances:

(1) Providing suppliers with different project information on the same procurement project;

(2) The qualifications, technology and business conditions set are not suitable for the specific characteristics and actual needs of the procurement project or have nothing to do with the performance of the contract;

(3) The technical and service requirements in the procurement demand point to specific suppliers and products;

(4) taking the achievements and awards of a specific administrative region or a specific industry as the conditions for extra points or winning the bid or closing the transaction;

(5) adopt different qualification examination or evaluation standards for suppliers;

(6) limiting or designating specific patents, trademarks, brands or suppliers;

(7) illegally limiting the ownership form, organization form or location of suppliers;

(8) restricting or excluding potential suppliers by other unreasonable conditions.

Extended information:

The tender documents shall not require or indicate specific producers and suppliers or other contents that tend to or exclude potential bidders. A specific administrative region refers to the performance of a province, a city, or a smaller scope. Generally, the bidding documents do not specify the regional scope, as long as it is domestic performance, it is basically recognized. ?

The provisions of the Regulations for the Implementation of the Procurement Law of the People's Republic of China on differential treatment or discriminatory treatment of suppliers are similar to those of the Regulations for the Implementation of the Bidding Law, which stipulates that tenderers restrict or exclude potential bidders with unreasonable conditions.

article 32 of the regulations for the implementation of the law on tendering and bidding lists several situations in which a tenderer restricts or excludes potential bidders with unreasonable conditions. the third item is that "the performance and awards of a specific administrative region or a specific industry are used as the conditions for winning the bid for a project that must be tendered according to law", which is similar to the fourth item of article 2 of the regulations for the implementation of the government procurement law.

It is worth mentioning that the Interpretation of the Regulations for the Implementation of the Bidding Law emphasizes that "bonus points here generally refer to various forms of preferential treatment, inclination and other special treatments in bid evaluation" when explaining the third item of Article 32.

At the same time, for example, a project subject to tender stipulates that the bidder will be rewarded with product quality or enterprise reputation in the area where the project is located, or if the project leader of the bidder is a model worker in the area where the project is located, extra points will be given to bid evaluation; If a project subject to tender stipulates that the bidder has the project performance of the industry, it will be given extra points for bid evaluation, etc. These are typical manifestations of local protection and industry blockade and should be prohibited.

Baidu Encyclopedia-Regulations for the Implementation of the Procurement Law of the People's Republic of China