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Guiding Case No. 8: Complaint about general hardware procurement project of XX system

来源: 中国政府采购网打印10:35, November 20, 2017 Source: China Government Procurement Network [ Print ]

技术参数/判断标准/产品官网信息 Keywords technical parameters / judgment standards / product official website information

   Case highlights

During the government procurement review process, the members of the review committee independently and independently made the authenticity of the bidding documents and the response of the bidding products in accordance with the laws and regulations of the government procurement and the review methods and standards set out in the procurement documents. judge. The review results of the review committee shall not be overridden in principle for non-statutory reasons and in accordance with legal procedures.

In the complaint handling stage, the financial department generally judges the authenticity of the technical parameters of the bidding product based on the opinions of the members of the review committee, the manufacturer's description of the bidding product, and the test report. In the specific evaluation, if there is only the complainant's unilateral objection, the opinions of the review experts should not be directly denied; if the bidding documents do not require the bidder to provide evidence such as the product's official website information when bidding, and the complainant only uses the product's official website information as the basis, The evaluation results of the bid evaluation committee cannot of course be denied; if the complainant provides relevant evidence, the Ministry of Finance has obtained the written description of the bidding product manufacturer or the relevant test report through investigation and evidence collection, but it cannot prove that the technical parameters of the bidding product are not true and If no obvious or serious violation of the personnel composition, evaluation procedures, and evaluation results is found in the bid evaluation committee, it shall be determined that the complaint lacks factual basis.

Related Laws

号)第十七条 Article 17 of "Measures for Handling Complaints of Government Procurement Suppliers" (Order of the Ministry of Finance No. 20 )

Basic case

12月,采购人W委托代理机构G就该单位“ XX系统通用硬件采购项目”(以下称本项目)进行公开招标。 In December 2016, the purchaser W commissioned the agency G to conduct an open tender for the unit's " XX system general hardware procurement project" (hereinafter referred to as this project).1230日,代理机构G发布招标公告,后组织了开标、评标工作。 On December 30 , 2016, the agency G issued a tender announcement, and then organized the bid opening and evaluation. 公司为中标供应商。 After evaluation, the bid evaluation committee recommended Company H as the winning supplier. 对评标结果进行确认后,代理机构G201731日发布中标公告,并向H公司发送中标通知书。 After the purchaser W confirmed the bid evaluation result, the agency G issued a bid announcement on March 1 , 2017 , and sent a bid notification to Company H.36日,供应商A公司向代理机构G提出质疑。 On March 6 , 2017 , Supplier A challenged Agency G.

330日, A公司向财政部提起投诉。 On March 30 , 2017 , Company A filed a complaint with the Ministry of Finance. 公司称,其通过查询中标产品的官网信息,认为中标产品的“工作温度范围”为“ 5-35 ℃”,不满足招标文件关于“工作温度范围”为“ 5-40 ℃”的要求;中标产品内存插槽数为32个,而业界单条内存最大标准为64GB ,其内存最大可扩展数量为2TB ,不满足招标文件关于“内存最大可扩展数量”为“≥ 3TB ”的要求;中标产品电源电压为110-240伏交流供电,不支持高压直流供电,不满足招标文件中“能源管理”关于“高压直流供电”的要求。 Company A stated that by querying the official website information of the winning product, it believed that the "working temperature range" of the winning product was " 5-35 ℃", which did not meet the bidding document's "working temperature range" of " 5-40 ℃" Requirements; the number of memory slots for the winning product is 32 , and the maximum standard for a single memory in the industry is 64GB , and the maximum expandable amount of memory is 2TB , which does not meet the requirements of the tender document regarding "maximum expandable number of memory" as "≥ 3TB "; The power supply voltage of the winning product is 110-240 volts AC power supply, which does not support high-voltage DC power supply, and does not meet the requirements of "energy management" on "high-voltage DC power supply" in the bidding documents. 公司在投标文件中作无偏离或正偏离响应,属于提供虚假材料谋取中标的情形。 Company H responded without deviation or positive deviation in the bidding documents, which is a case of providing false materials to win the bid.

及代理机构G称,投诉事项中所提问题在质疑处理过程中,评标委员会已进行复核, H公司投标文件中对“工作温度范围”、“内存最大扩展数量”和“能源管理”的应答为“无偏离”,符合招标文件的要求。 Purchaser W and agency G stated that during the questioning process of the issues raised in the complaint, the bid evaluation committee had reviewed the "working temperature range", "maximum expansion of memory" and "energy management" in the bid documents of company H. "The response is" No deviation ", which meets the requirements of the bidding documents.

process result

号)第十七条第(二)项规定,投诉事项123缺乏事实依据,驳回投诉。 The Ministry of Finance made a decision to handle the complaint: According to Article 17 (2) of the Measures for Handling Complaints of Government Procurement Suppliers (Ministry of Finance Order No. 20 ), the complaints 1 , 2 , and 3 lacked factual basis, and the complaints were rejected.

Handling reasons

公司的投标文件对“工作温度范围”响应为“ 5-40 ℃”,偏差说明为“无”;对“内存最大可扩展数量”响应为“ 4TB ”,偏差说明为“无”;对“能源管理” 响应为“支持高压直流供电技术”,偏差说明为“无”。 The Ministry of Finance believes that the bidding documents of this project did not require the supplier to provide screenshots or links to the official website in the bidding documents as evidence, and the bidding document of the supplier H company ’s response to the “operating temperature range” was “ 5-40 ℃”. "None"; response to "Maximum Scalable Amount of Memory" is " 4TB ", deviation description is "None"; response to "Energy Management" is "Support HVDC power supply technology", deviation description is "None". 公司向财政部提交的说明材料显示,中标产品满足招标文件关于“工作温度范围”、“内存最大可扩展数量”及“能源管理”的要求,并提供了相应证明材料。 The explanatory materials submitted by the company L , the manufacturer of the winning product to the Ministry of Finance, show that the winning product meets the requirements of the bidding document regarding "operating temperature range", "maximum expandable number of memory" and "energy management", and provides corresponding certification . 公司投标产品符合招标文件要求,未发现评标委员会存在违法、违规评审的问题。 The bid evaluation committee considered that the company's bidding products met the requirements of the bidding documents, and found no illegal or illegal review of the bid evaluation committee.23缺乏事实依据。 The complaints 1 , 2 and 3 lacked factual basis.

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