1. Legal provisions on "limited brands" in bidding documents

Article 32 of the "Regulations on the Implementation of the Tendering and Bidding Law" stipulates that certain patents, trademarks, and brands shall be limited or designated. , the place of origin or supplier belongs to the situation where the tenderee restricts or excludes potential bidders or bidders with unreasonable conditions. Article 18 of the "Tendering and Bidding Law" clearly stipulates that the tenderer shall not restrict or exclude potential bidders with unreasonable conditions.

When the tenderer prepares the tender documents and encounters difficulty in describing the technical specifications clearly, it is generally believed that as long as three or more brands are specified, it will not violate the provisions of the Tendering and Bidding Law on "restricting or excluding potential bidders or bidders" . In fact, this understanding is wrong. No matter how many brands are designated, it is an act of restricting competition by "designating brands" and is a violation of bidding laws.

2. The cited brands must be selective

Article 26 of the "Construction Tendering and Bidding Measures for Engineering Construction Projects" and Article 2 of the "Engineering Construction Project Goods Tendering and Bidding Measures" Article 15 all stipulate that if it is necessary to quote the technical standards of a certain production supplier to accurately or clearly describe the technical standards of the project to be tendered, the words "or equivalent" should be added after the reference.

When preparing engineering construction project goods and construction bidding documents, when it is difficult to describe the technical specifications clearly, it is allowed to quote the technical standards of certain brand suppliers as examples to illustrate the technical specification requirements, but at the same time It is required that the words "or equivalent" must be added after the reference brand to express the tenderer's technical requirements for the project to be tendered, and the quoted brand of goods is optional in the market.

3. Determination of brands of the same grade

The review committee determines whether other bid products provided by the bidder belong to brands of the same grade. Regarding the classification of brands, there are no detailed provisions in relevant laws and regulations. It depends entirely on industry reputation and the subjective judgment of bid evaluation experts. It is not a relatively fixed standard, so it is difficult to grasp the scale and it is easy to produce differences in cognitive standards.

Because the technical parameters of the same category of different brands are comparable, it is recommended that the tenderer try to return to the parameters themselves for comparison and judgment to avoid large deviations in subjective judgments.

Extended reading:

Article 18 of the "Tendering and Bidding Law": The tenderer may, in accordance with the requirements of the bidding project itself, require potential bidders in the bidding announcement or bidding invitation. Provide relevant qualification certificates and performance information, and conduct qualification reviews of potential bidders; if the state has regulations on the qualifications of bidders, those regulations shall prevail. The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and may not impose discriminatory treatment on potential bidders.

Article 32 of the "Regulations on the Implementation of the Tendering and Bidding Law" stipulates that the tenderer 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 project information to potential bidders or bidders for the same bidding project; (2) Setting The qualifications, technology, and business conditions 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) Projects that must be bid according to law use performance and awards in specific administrative regions or specific industries as bonus points, or Conditions for winning the bid; (4) Adopting different qualification reviews or bid evaluation standards for potential bidders or bidders; (5) Limiting or specifying specific patents, trademarks, brands, origins or suppliers; (6) Bidding must be conducted in accordance with the law Illegal restrictions on the ownership or organizational form of potential bidders or bidders for projects; (7) Restricting or excluding potential bidders or bidders with other unreasonable conditions.

Article 26 of the "Measures for Bidding and Bidding for Engineering Construction Projects" All technical standards specified in the bidding documents shall comply with national mandatory standards. The technical standards specified in the bidding documents shall not require or indicate a specific patent, trademark, name, design, origin or production supplier, and shall not contain other content that favors or excludes potential bidders.

If it is necessary to quote the technical standards of a certain production supplier to accurately or clearly describe the technical standards of the project to be tendered, the words "or equivalent to" should be added after the reference.

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