Whether it is illegal for the tenderer to set up a brand in the engineering department

Well, if I understand correctly, that is, Party A specifies that in your bidding documents, a certain brand is a mandatory requirement, and after winning the bid, Party A insists that this brand must be used in the project you win the bid. This, of course, is legal, this is Party A's request.

Legal, Party A can agree on the brand.

1. If it is the bidding of the construction committee and the political procurement, it is necessary to use the brand of your bidding product in accordance with the bidding documents, and the bidding documents are also legally effective.

2. If the construction unit bids on its own, it depends on the situation, and the normal situation is also to use the brand of your bidding product. However, it is also possible to negotiate with the construction unit, and the change of brand needs to have a legitimate reason to persuade the construction unit.

It is not legal to use it, and it is not legal to use it. This kind of conditional restriction has brand restrictions on bidding in the bidding. However, the bidding law also stipulates that the brand can be designated if it is technical. I understood the technicality.

Legal, subject to the brand in the bidding documents.

With the brand of bidding, the brand of winning the bid.

Illegal! Article 20 The bidding documents shall not require or indicate specific producers and other contents that tend to or exclude potential bidders.

Yes. When bidding, the brand cannot be specified, nor can the manufacturer be specified. Bidding is the best procurement behavior, and the procurement method is "inquiry procurement". Press.

According to the above two points, according to Article 5 of the Procurement Law of the People's Republic of China, no unit or individual shall use any method to obstruct and restrict the free entry of ** businessmen into the ** procurement market in the region and the industry.

Article 32 The specifications and standards of the purchased goods are systematic.

1. Procurement projects with sufficient spot supply and small changes may be procured by inquiry in accordance with this law.

If the tenderer has any of the following behaviors, it is to restrict or exclude potential bidders or bidders with unreasonable conditions:

A) for the same bidding project to potential bidders or bidders to provide different project information;

B) set qualifications, technology, business conditions and the specific characteristics and actual needs of the bidding project is not suitable or has nothing to do with the performance of the contract;

3) The project that must be tendered in accordance with the law shall be subject to the performance and awards of a specific administrative region or a specific industry as a bonus condition or a condition for winning the bid;

4) Adopt different qualification or bid evaluation standards for potential bidders or bidders;

5) Limiting or designating specific patents, trademarks, brands, places of origin or merchants;

6) The project that must be tendered in accordance with the law illegally limits the ownership or organizational form of potential bidders or bidders.

7) Restrict or exclude potential bidders or bidders with other unreasonable conditions.

According to the "Measures for Bidding and Bidding of Goods for Engineering Construction Projects", "Article 25 The technical specifications specified in the bidding documents shall comply with the provisions of the national technical regulations. The technical specifications specified in the bidding documents shall not require or indicate a specific patented technology, trademark, name, design, place of origin or **, etc., and shall not contain other content that favors or excludes potential bidders.

If the technical specifications of a certain person must be quoted 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. ”

According to the "Administrative Measures for the Bidding and Bidding of Procurement of Goods and Services", "Article 6 No unit or individual shall obstruct or restrict the free participation of merchants in the bidding and bidding activities of goods and services, and shall not designate the brand of goods, the best suppliers of services and the first procurement institutions, and use other ways to illegally interfere with the bidding and bidding activities of goods and services. ”

According to the "Implementation Measures for the Management of Centralized Procurement of ** Units", "Article 26 When implementing the entrustment of specific procurement projects, ** units shall not designate ** merchants or brands, and shall not put forward exclusive requirements in business and technology. ”

Yes, this is often encountered in actual construction. Whether it is possible to point out more than 3 brands, mainly indicating the quality of the bidding to be tendered.

According to the current implementation, it is okay to designate three or more brands, and then indicate similar brands of similar grades.

Brands have always been not allowed in the bidding.

The theory is no, but there are policies at the top and countermeasures at the bottom.

Illegal, the tenderer shall not designate a specific manufacturer, can only indicate the equivalent of ***

No violation, different brands can participate in the bidding of the same project, can be participated in the bidding by different companies**, or the company can participate in the bidding with two brand products, and one of them is used as an alternative (provided that there is no restriction on alternatives in the bidding documents).

**Which article of the Procurement Act says that brands cannot be specified?

According to the Regulations for the Implementation of the Tendering and Bidding Law, "Article 32 The tenderer shall not restrict or exclude potential bidders or bidders with unreasonable conditions. 5) Limiting or designating specific patents, trademarks, brands, places of origin or merchants;

Brands cannot normally be specified in any tendering activity.

It can't be specified, and it's clearly illegal.

The same batch of products purchased by the same owner, and four bidding companies bid at the same time? Under normal circumstances, there can only be one procurement agency (tendering unit) (but it does not exclude the joint bidding of more than two bidding agencies, which is not prohibited by law), so it is not a disciplinary violation.

- It's understandable, just like if you buy an air conditioner, you like to buy Gree :), but also by unit, state-owned enterprises are generally open bidding, choose to use waterproof materials, and private developers, what materials the boss is willing to use, that is beyond the control of others.

In addition, it must have been someone else who did the work, spent the money, chose the product, and ordered the **, which you should understand.