As long as it is a government procurement project, whether it is purchasing imported products or domestic products, it is not allowed to specify brands, otherwise it will treat suppliers differently or discriminate against them under unreasonable conditions.
1, it is illegal to replace brands by listing. A senior expert in the government procurement industry told reporters 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 kind of behavior is obviously brand discrimination and a typical illegal act. The expert told reporters that at present, it is not uncommon to list alternative brands in the bidding documents like this case.
2. No, it belongs to the differential treatment or discriminatory treatment of suppliers under unreasonable conditions. Article 20 of the Regulations for the Implementation of the Government Procurement Law provides the legal basis. Under any of the following circumstances, the purchaser or procurement agency shall discriminate or discriminate against suppliers under unreasonable conditions: (6) restricting or designating specific patents, trademarks, brands or suppliers;
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 have different purposes and cannot be substituted for each other.
This definite time point is the deadline of bidding. If the certificate is valid before the bidding deadline, there is no problem. If so, 65438+February is the bid opening time, that is, the deadline for bidding is 65438+February, and the certificate expires in 165438+ 10, so the certificate is invalid. After the bid-winning notice was issued, the winning supplier gave up the bid, and the bid of the second winning candidate was too high. Can you not confirm that the second successful candidate is the successful supplier? Answer: If the winning supplier refuses to sign a contract with the purchaser, the purchaser can sort the winning list recommended by the bid evaluation report, determine the next candidate as the winning supplier, or restart the government procurement activities. Under 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.