1. legal provisions on "designation of brands" in the bidding documents Article 32 of the Regulations for the Implementation of the Bidding Law stipulates that: limiting or designating a specific patent, trademark, brand, country of origin or supplier belongs to the situation that the tenderer restricts or excludes potential bidders with unreasonable conditions. Article 18 of the Bidding Law clearly stipulates:
A tenderer shall not restrict or exclude potential bidders with unreasonable conditions. When the technical specifications are difficult to describe clearly when the tenderer prepares the tender documents, it is generally believed that as long as three or more brands are designated, it will not violate the provisions of the Bidding Law on "restricting and excluding potential bidders or bidders". In fact, this understanding is wrong. No matter how many brands are designated, they all belong to the behavior of "designating brands" to restrict competition and violate the bidding law.
second, the brand to be quoted should be selective. Article 26 of the Measures for Bidding and Bidding of Construction Projects and Article 25 of the Measures for Bidding and Bidding of Goods for Construction Projects both stipulate that if the technical standards of a manufacturer and supplier must be quoted to accurately or clearly explain the technical standards of the project to be tendered, the words "or equivalent" should be added after the reference. When preparing the bidding documents for goods and construction of engineering construction projects, when it is difficult to describe the technical specifications clearly, it is allowed to cite the technical standards of some brand suppliers as an example to explain the technical specifications, but at the same time, it is required that the words "or equivalent" must be added after the reference brands to express the technical requirements of the tenderee for the project to be tendered, and the quoted goods brands are optional in the market.
iii. Determination of brands of the same grade When the evaluation committee determines whether other bidding products provided by the bidder belong to brands of the same grade. For the classification of brand grades, relevant laws and regulations are not specified in detail, and it is not a relatively fixed standard based entirely on the word-of-mouth of the industry and the subjective judgment of bid evaluation experts, 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 suggested that the tenderer should try to compare and judge by regression parameters themselves to avoid subjective judgment.