After consulting a number of elevator tender documents, the reporter found that the phenomenon of “recommended brands” in the bidding documents is not a case in point. In view of this situation, Li Xiangdong, deputy researcher of the Liaoning Provincial Government Procurement Center, said: “In government procurement, designated brands, recommended brands, and reference brands are not allowed. These terms are exclusive and violate the principle of fair competition. ""
Recommended brands happen from time to time
The recently tendered Rugao City People's Government of Rucheng City, Jiangsu Province, Ruyi New Town’s West Second District, West Fourth District and South Second District 84 elevator equipment procurement projects have clear requirements for the bidding brand. Its recommended brands are Mitsubishi Elevator and Shanghai. Mitsubishi, ThyssenKrupp, Tianjin Otis, KONE, Hitachi and Schindler. If the bidder chooses other brand bids, its comprehensive level of brand awareness, comfort, safety, grade and after-sales service shall not be lower than the brand recommended by the tenderer.
In the elevator procurement project of a hospital in Haiyan County, Zhejiang Province, the purchasers also recommended brands, namely Shanghai Mitsubishi, Guangzhou Hitachi, and Tianjin Otis, and listed the model number of each brand's specific series.
The reporter found that the brands recommended in these tender documents are almost all foreign brands. It is not difficult to explain that some buyers have a certain tendency toward foreign brands. They hope to choose their own brands by setting out the "recommended" and "referenced" brands.
Blindly worshipping the ocean is the source of thought
The industry analysts believe that the main reason for the emergence of the recommendation brand phenomenon is that many buyers are subjectively arguing that foreign brands are better than their own brands, and they are blind to foreign brands. In the case of ample budget funds, the purchasers prefer to buy foreign brands of elevators. Then, does this approach comply with the relevant laws and regulations?
Article 6 of the "Measures for the Administration of Tendering and Bidding for Government Procurement Goods and Services" stipulates that no unit or individual may obstruct or restrict suppliers from freely participating in the tendering and bidding activities of goods services, and shall not designate the brands of goods, suppliers of the services, and procurement agencies, and Use other methods to illegally interfere in bidding and tendering activities for goods services.
According to the provisions of Article 32 of the Implementing Regulations of the Tendering and Bidding Law, the tenderee shall limit or designate a specific patent, trademark, brand, origin or supplier, which shall be restricted by unreasonable conditions and exclude potential bidders or bidders. .
This shows that the recommended brand violates the spirit of fair competition in relevant laws and regulations.
Recommended brand limit competition
"Purchasing people will be the intention of several major brands as recommended brands, is the hope that the manufacturers of these brands or authorized agents bid, suggesting that other brand manufacturers quit difficult, this approach is debatable." Li Xiangdong that.
Zhang Lexiang, deputy secretary-general of the China Elevator Association, said: "Recommended branding means that brands will be treated differently, and most brands will lose bid opportunities. Government procurement has always encouraged competition rather than restricting competition and unreasonably recommending brands."
Recommended brands include projects with budgets of several hundred thousand yuan and large projects with ten million yuan. If the large-scale project of 10 million yuan can only be participated by the three brands that are recommended, the competition will be difficult, and the quality, service and price of the products will be difficult to guarantee; and those projects with smaller amounts may not attract the attention of the big brands. Without participation, other brands will not participate and the project will face the risk of scrapping.
"When participating in bidding, if the supplier encounters a brand recommendation, it can reflect it to the supervisory authorities at the higher level and safeguard their own rights and interests," said Yang Kai, senior engineer at China Construction Infrastructure.