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Guiding Case No. 7: Reporting Case of XX Wireless Network System Expansion and Purchase Project

来源: 中国政府采购网打印12:24, November 21, 2017 Source: China Government Procurement Network [ Print ]

重大违法记录/信用查询/指定渠道 Keywords Major illegal records / Credit inquiry / Specified channels

Case highlights

Records of major violations are mainly based on criminal and administrative penalties for violations of suppliers. Without criminal and administrative penalties, no unit may restrict suppliers' participation in government procurement activities in the form of credit records.

Related Laws

2016 125 号) Article 22 (1) (5) of the "People's Republic of China Government Procurement Law", Article 19 (1) of the "Regulations for the Implementation of the Government Procurement Law of the People's Republic of China", And related issues concerning the use of credit records "(Cai Ku [ 2016 ] No. 125 )

Basic case

就该单位“ XX无线网络系统扩容采购项目”进行公开招标。 Purchaser D conducted an open tender for the unit's " XX Wireless Network System Expansion and Purchase Project".519日,采购人D发布招标公告,并组织了开标、评标工作。 On May 19 , 2017 , Purchaser D issued a tender announcement and organized bid opening and evaluation.623日,采购人D发布中标公告,经评审,评标委员会推荐J公司为中标供应商。 On June 23 , 2017 , Purchaser D issued a winning bid announcement. After evaluation, the bid evaluation committee recommended Company J as the winning supplier.

73日,供应商B公司向财政部提交举报材料,认为中标供应商J公司此前因未按竞价规则履约,被列入代理机构A失信名单,不符合《中华人民共和国政府采购法》第二十二条的规定。 On July 3 , 2017 , Supplier B submitted report materials to the Ministry of Finance, and believed that the successful bid supplier J had previously been included in Agent A's untrustworthy list because it had not fulfilled the bidding rules, which was not in compliance with the "People's Republic of China Government Procurement Law" "Article 22.

After investigation, the bidding documents stipulated that: "As of the date of the bid opening, the" Credit China "website, the" Credit Liaoning "website breach of trust blacklist, the" Credit Dalian "Dalian public information platform for major tax violation cases, and the" China Government Procurement Network "website Information records of government procurement serious violations and dishonesty, who are included in the list of persons performing dishonesty, parties to major tax violation cases, and records of government procurement serious violations and dishonesty shall not participate in this procurement project. The bid evaluation committee shall review the on-site inquiry records. .201769日发布的“关于暂停J公司参与网上竞价资格的公告”记载:“ J公司在XX服务器及配件采购项目中报价时间截止后,未按竞价规则履约。根据《代理机构A网上竞价管理办法》有关规定,自本公告发布之时起暂停J公司网上竞价资格六个月”。 It was also found that the "Announcement on Suspension of J Company's Eligibility to Bid Online" issued by Agent A on June 9 , 2017 recorded: "Company J did not follow the bidding rules after the deadline for quoting in the XX server and accessories procurement project was expired. According to the relevant provisions of the "Administrative Measures for Agency A's Online Bidding", the online bidding eligibility of Company J will be suspended for six months from the date of this announcement. "

process result

The Ministry of Finance made a decision on supervision, inspection and processing: the reported matters lacked factual basis.

Handling reasons

截至开标之日,未发现J公司存在重大违法记录,符合招标文件要求。 The Ministry of Finance believes that, as of the date of the bid opening, no major illegal record was found in Company J as a result of the investigation, which complies with the bidding document requirements.

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