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Can the tender specify a brand?

No, all bidding projects cannot specify brands, otherwise it will be a violation. No unit or individual may obstruct or restrict suppliers from freely participating in bidding activities for goods and services, and shall not specify brands of goods, suppliers and procurement agencies for services, or use other methods to illegally interfere with bidding activities for goods and services.

Legal basis:

"Tendering Law of the People's Republic of China"

Article 8 The tenderer proposes a bidding project in accordance with the provisions of this law, A legal person or other organization that conducts bidding.

Article 9 If a bidding project requires project approval procedures in accordance with relevant national regulations, the approval procedures must be completed first and approval must be obtained. The tenderer shall have the corresponding funds for the bidding project or the sources of funds have been confirmed, and shall truthfully state this in the bidding documents.

Article 10 Bidding is divided into public bidding and invitation bidding. Public bidding means that the tenderer invites unspecified legal persons or other organizations to bid in the form of a bidding announcement. Invitation to bid means that the bidder invites specific legal persons or other organizations to bid in the form of a bid invitation letter.

Article 11 If the national key projects determined by the development planning department of the State Council and the local key projects determined by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are not suitable for open bidding, they shall be approved by the development planning department of the State Council or the provinces, autonomous regions, and municipalities directly under the Central Government. With the approval of the People's Government, invitation to bid can be conducted.

Article 24 The tenderer shall determine the reasonable time required for the bidder to prepare the bidding documents; however, for projects that require bidding according to law, the period from the date the bidding documents are issued until the bidder submits the bidding documents The deadline shall not be less than twenty days.

Article 28 The bidder shall deliver the bidding documents to the bidding location before the deadline for submission of bidding documents required in the bidding documents. After receiving the bidding documents, the tenderer shall sign and save them and shall not open them. If there are less than three bidders, the tenderer shall re-invite bids in accordance with this Law. The tenderer shall reject bid documents that are delivered after the deadline for submission of bid documents required by the bidding documents.

Article 29 The bidder may supplement, modify or withdraw the submitted bid documents before the deadline required by the bidding documents and notify the tenderer in writing. Supplements and modifications shall be an integral part of the bidding documents.

"Measures for Bidding and Bidding for Engineering Construction Projects"

Article 25 All technical specifications specified in the bidding documents shall comply with the provisions of national technical regulations. The technical specifications stipulated in the bidding documents shall not require or indicate a specific patented technology, trademark, name, design, origin or supplier, etc., and shall not contain other content that favors or excludes potential bidders. If it is necessary to quote the technical specifications of a certain supplier to accurately or clearly describe the technical specifications of the goods to be tendered, the words "or equivalent to" should be added after the reference.

Article 58 For projects in which state-owned funds hold a controlling or dominant position and must be tendered according to law, the tenderer shall determine the first-ranked bid-winning candidate as the successful bidder. If the first-ranked bid-winning candidate gives up the bid, claims that he cannot perform the contract due to force majeure, fails to submit a performance bond in accordance with the requirements of the bidding documents, or is found to have committed illegal acts that affect the bid-winning result, etc., and does not meet the conditions for winning the bid, the tenderer may The list of successful bidders proposed by the bid evaluation committee will determine other successful bidders as the successful bidder. If it is determined in turn that there is a large gap between other successful bidders and the expectations of the tenderer, or it is obviously disadvantageous to the tenderer, the tenderer may re-invite bids. The tenderer may authorize the bid evaluation committee to directly determine the winning bidder. If the State Council has other provisions on the determination of the winning bidder, such provisions shall prevail.

Article 6 of the "Measures for the Administration of Tendering and Tendering for Government Procurement of Goods and Services" No unit or individual may obstruct or restrict suppliers from freely participating in tendering and bidding activities for goods and services, and shall not specify the brand of goods, suppliers of services and Procurement agencies, and other methods to illegally interfere in bidding activities for goods and services.