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Decision on Handling Complaints of Government Procurement of Hainan Provincial Department of Finance

来源: 中国政府采购网打印September 03, 2018 10:58 Source: China Government Procurement Network [ Print ]

1185Qiong Caicai ( 2018 ) No. 1185

Complainant: Hainan Chenyi Technology Co., Ltd.

号宝安江南城别墅L-403B Address: L-403B , Baoan Jiangnan City Villa, 66 Heping Avenue, Meilan District, Haikou City

Legal representative: Zhang Miaomiao          

:海南政邦招标代理有限公司 Respondent 1 : Hainan Zhengbang Tendering Agency Co., Ltd.

号星华佳园D12102Address: Room 2102 , Building D1 , Xinghua Jiayuan, No. 15 Xisha Road, Haikou City

Contact: Ms. Wu    Phone: 0898-68525258

:海南省工业学校 Respondent 2 : Industrial School of Hainan Province

Address: Ding'an County, Hainan Province

Contact: Mr. Zhong               

打印实训室设备采购项目(编号: ZB2018-0601 )的公开招标文件,于2018711日向被投诉人海南政邦招标代理有限公司(以下简称“政邦公司”)提出质疑,被投诉人于716日作出答复,投诉人对答复不满意,遂于720日向本厅投诉, 2018723日本厅向投诉人发送补充材料的相关通知,告知其在收到通知之日起5个工作日内补充材料后重新投诉, 2018726日投诉人补充相关材料后本厅依法于当日正式受理。 The complainant's public bidding documents for the 3D printed training room equipment procurement project of Hainan Institute of Technology (No. ZB2018-0601 ), submitted to the respondent Hainan Zhengbang Tendering Agency Co., Ltd. (hereinafter referred to as " Zhengbang " on July 11 , 2018 ). The company ”) raised a challenge. The respondent responded on July 16. The complainant was dissatisfied with the response, and then lodged a complaint with the Department on July 20. The Japanese Office sent relevant notice to the complainant on July 23 , 2018. , To inform them to reapply within 5 working days from the date of receipt of the notice, and after the complainant added relevant materials on July 26 , 2018 , the department officially accepted it on the same day according to law.30日,本厅分别向政邦公司、海南省工业学校发送了投诉书副本,现已审查终结。 On July 30 , the Department sent a copy of the complaint to Zhengbang Company and Hainan Institute of Technology, respectively. The review has now ended.

The complainant complained that:

I. The scoring clause is obviously inclined to the producers and is not beneficial to the engineering companies, restricting and excluding potential bidders with unreasonable conditions. Factual basis: This tender is not specifically aimed at the same type of equipment, but includes comprehensive procurement requirements for equipment, materials, furniture and construction, and should not be used as the basis for scoring bidders in accordance with the corresponding qualification requirements in the equipment production field. For example, in the scoring clause, bidders are required to have the qualification of a provincial-level enterprise technology center and a certificate of a key software company in the national planning layout, which obviously favors the producers and is not good for the engineering businessmen, and is incompatible with actual needs and has nothing to do with contract performance.

2. The scoring terms are incompatible with the actual situation and have nothing to do with the performance of the contract. There are situations where potential bidders are restricted and excluded with unreasonable conditions. 环境管理体系认证证书、 OHSAS 18001职业健康安全管理体系认证证书作为评分条款。 Factual basis: The scoring clauses include ISO14001 environmental management system certification and OHSAS 18001 occupational health and safety management system certification as scoring clauses.

3. The agency did not inform the questioning supplier's right to complain in accordance with the law in the question response letter.

政邦公司)辩称: Respondent 1 ( Zhengbang Company) argued:

I. Complaints1. The definition of engineering companies is very broad, and the hardware and software manufacturers and engineering companies emphasized by the complainants themselves cannot be defined. This project does not restrict the participation of any supplier. The key software enterprise certificates and the provincial enterprise technology center qualification related certificates in the national planning and layout are certificates issued by authoritative departments, which reflect the strength and ability of suppliers. Software development companies, software operators, sales companies, and system integrators can apply for these certificates. The so-called qualifications can be used as a manufacturer's license. This project uses the comprehensive scoring method to evaluate candidate units. The bidding documents do not require all qualifications to be scored at the same time. If each bidder can get a full score, the scoring will be meaningless. In addition, this project is not limited to enterprises that can only be recognized by Hainan Province. There are no specific administrative regions or specific industry performances and awards as bonus points or conditions for winning bids. The teaching equipment and workstations in this project need to be seamlessly connected, controlled, and managed through software. The application layer of the project procurement equipment software system provides important guarantees. Therefore, companies that wish to participate in the bidding have software implementation capabilities and can provide Provide strong technical support for implementation and later operation and maintenance. Relevant companies with key software enterprise certificates in the national planning layout are the advantages of their comprehensive strength, effectively guarantee the quality of the project, and meet the actual needs of the project.

Complaints 2 . 质量管理体系认证证书、 ISO14001环境管理体系认证证书、 OHSAS 18001职业健康安全管理体系认证证书的,每个3分,投诉人只对ISO14001环境管理体系认证证书、 OHSAS 18001职业健康安全管理体系认证证书提出质疑,明显仅针对自身没有的证书。 Commercial part of the bidding documents: if the bidder has an ISO9001 quality management system certification, an ISO14001 environmental management system certification, an OHSAS 18001 occupational health and safety management system certification, each 3 points, the complainant only applies to the ISO14001 environmental management system certification, OHSAS The 18001 Occupational Health and Safety Management System certification questioned, obviously only for certificates that it does not have. 管理体系证书执行的是国家标准,凡是有需求提高企业整体水平的都可以通过国家认可的认证机构第三方审核得到证书,与企业是“生厂商”还是“工程商”没有关系。 The ISO management system certificate implements national standards. Anyone who needs to improve the overall level of the enterprise can obtain the certificate through a third-party audit of a nationally recognized certification body. It has nothing to do with whether the enterprise is a "producer" or an "engineering contractor." 的资金比例,项目采购主要标的为各类大、中、小型打印机及扫描仪。 Although the list of this project has supply and installation requirements for purchasing tables and chairs, wiring, etc., this content only accounts for less than 10% of the capital of the project. The main target of the project procurement is various large, medium and small printers and scanners. 打印机所使用的打印材料是高新技术材料,需要专业的环保措施和技术,针对本项目实际情况,设置ISO14001环境管理体系认证、 OHSAS 18001职业健康安全管理体系认证,能在一定程度上反映供应商的管理水平,响应国家环保节能等方面的政策,符合项目实际和合同履行需要,不属于以不合理的条件对供应商实行差别待遇或歧视待遇。 The printing materials used by 3D printers are high-tech materials, which require professional environmental protection measures and technology. According to the actual situation of this project, ISO14001 environmental management system certification and OHSAS 18001 occupational health and safety management system certification are set up, which can reflect suppliers to a certain extent Management level, responding to national policies on environmental protection and energy saving, etc., in line with the actual needs of the project and the performance of the contract, it does not belong to the implementation of differential or discriminatory treatment of suppliers on unreasonable conditions.

海南省工业学校)未提供说明材料。 The respondent 2 ( Hainan Provincial Technical School) did not provide explanatory materials.

The Office identified:

74日发布公开招标公告, 2018724日开标,参加开标的公司有:海南禾新多维数据工程有限公司、广州市高科通信技术股份有限公司、海南国脉科技有限公司、海南海建鑫网智能科技股份有限公司4家供应商。 I. The project issued a public tender announcement on July 4 , 2018 , and the bid was opened on July 24 , 2018. The companies participating in the bid opening were: Hainan Hexin Multidimensional Data Engineering Co., Ltd., Guangzhou Gaoke Communication Technology Co., Ltd., Hainan Guohai Mai Technology Co., Ltd., Hainan Haijian Xinwang Intelligent Technology Co., Ltd. 4 suppliers. The top three candidates recommended by the review experts are: Guangzhou Gaoke Communication Technology Co., Ltd., Hainan Hexin Multidimensional Data Engineering Co., Ltd., and Hainan Guomai Technology Co., Ltd. No announcement of purchase results has yet been issued.

711日,投诉人对招标文件提出质疑。 2. On July 11 , 2018 , the complainant questioned the tender documents.16日作出答复。 The respondent responded on July 16 .20日向本厅投诉, 723日本厅向投诉人发送补充材料的相关通知,告知其在收到通知之日起5个工作日内补充材料后重新投诉, 726日投诉人补充相关材料后本厅依法于当日正式受理。 The complainant was dissatisfied with the response, and then lodged a complaint with the Department on July 20. The Japanese Office sent a relevant notice to the complainant on July 23 , informing him that the supplementary materials were received within 5 working days from the date of receipt of the notification. The complaint was renewed. On July 26 , after the complainant added relevant materials, the department officially accepted it on the same day according to law.30日,本厅分别向政邦公司、海南省工业学校发送了投诉书副本。 On July 30 , this department sent a copy of the complaint to Zhengbang Company and Hainan Institute of Technology.

投标人实力,评分标准:( 1 )投标人具有计算机信息系统集成企业资质或建筑智能化工程专业承包资质证书得3分;( 2 )投标人具有省级企业技术中心资质得3分;( 3 )投标人具有高新技术企业证书得3分;( 4 )投标人具有国家规划布局内重点软件企业证书得3分。 3. The technical part of the bidding document technology and business scoring table indicates: 4. The bidder's strength and scoring standards: ( 1 ) The bidder has a computer information system integration enterprise qualification or a building intelligent engineering professional contracting qualification certificate; 3 points; ) The bidder has 3 points for the provincial enterprise technology center qualification; ( 3 ) The bidder has 3 points for the high-tech enterprise certificate; ( 4 ) The bidder has 3 points for the key software enterprise certificate within the national planning layout. 管理体系,投标人具有ISO9001质量管理体系认证证书、 ISO14001环境管理体系认证证书、 OHSAS18001职业健康安全管理体系认证证书的,每个3分,满分9分。 5. Management system, bidders have ISO9001 quality management system certification, ISO14001 environmental management system certification, OHSAS18001 occupational health and safety management system certification, each 3 points out of 9 points.

打印机24台、工业级3D打印机1台、 DIY3D打印机12台、三维扫描仪2台、工业3D打印机1台、 DLP光固化打印机2台、 DLP打印机2台、耗材一批、八角桌8张、椅子50张、工作站6台、系统布线1项。 Fourth, the project bidding documents user requirements book procurement items are listed: 24 desktop 3D printers, 1 industrial 3D printer, 12 DIY3D printers, 2 3D scanners, 1 industrial 3D printer, 2 DLP light curing printers , 2 DLP printers, a batch of consumables, 8 octagonal tables, 50 chairs, 6 workstations, 1 system wiring.

2413号)载明:第三条规划布局企业每两年认定一次,认定资格有效期为两年。 V. The "Trial Measures for the Identification and Management of Key Software Enterprises and Integrated Circuit Design Enterprises in the National Planning and Layout" ( Faji Gaoji [ 2012 ] No. 2413 ) states that: Article 3 The planning and layout enterprises shall be recognized every two years, and their qualifications shall be recognized. Valid for two years. 亿元人民币且当年不亏损;(二)年度软件产品开发销售(营业)收入总额低于1.5亿元人民币,在认定主管部门发布的支持领域内综合评分位居申报企业前五位;(三)年度软件出口收入总额超过(含) 500万美元,且年度软件出口收入总额占本企业年度收入总额比例超过(含) 50 %。 Article 6 Software companies that meet one of the following conditions may apply: (1) the total annual software product development and sales (operating) revenue exceeds 150 million yuan (inclusive) and there is no loss for the year; (2) the annual software product development and sales ( Operating) total revenue is less than 150 million yuan, and the comprehensive score in the field of support issued by the competent authority is ranked in the top five of the reporting enterprise; (3) the total annual software export revenue exceeds (inclusive) USD 5 million, and the annual software export The proportion of total revenue to the total annual revenue of the enterprise exceeds (inclusive) 50 %.2669号),自本办法实施之日起停止执行。 Article 27 The original "Administrative Measures for the Identification of Key Software Enterprises in the National Planning and Layout" ( Faji Gaoji [ 2005 ] No. 2669 ) shall cease to be implemented as of the date of implementation of these Measures.

6. According to the investigation, the provinces have generally determined the business revenue of the province as the qualification for the selection of the provincial technology center, and they have a time limit for the identified provincial enterprise technology centers.

号)第十五条第(四)项规定,质疑答复内容应当包括:告知质疑供应商依法投诉的权利。 7. The “Procedures for Questioning and Complaints about Government Procurement” (Order of the Ministry of Finance No. 94 ), Article 15 (4) stipulates that the content of the challenge response shall include: Informing the supplier of the right to challenge the complaint according to law. The respondent's Zhengbang Company's challenge response letter did not include this content.

833号)第二十五条第(五)项规定,“……不依法依规依据依时认真回复,情节较轻且尚未造成不良后果和影响的,各级财政部门应当对代理机构相关负责人和责任人进行约谈”。 8. "Administrative Implementation Measures for Hainan Provincial Government Procurement Agencies (Interim)" (Qiong Caicai [ 2018 ] No. 833 ) Article 25 (5) stipulates, "... We will respond in a timely manner without following the laws and regulations If the circumstances are relatively light and have not yet caused adverse consequences and impacts, financial departments at all levels shall conduct interviews with the relevant responsible persons and persons in charge of the agency. "

The Department considers:

I. Complaint Matters

  打印实训室设备采购,主要采购品目为桌面3D打印机、工业3D打印机、扫描仪、工作站等设备,设备预算占项目总预算绝大部分,座椅及系统布线预算只占一小部分。 (1) This project is the procurement of 3D printing training room equipment for teaching. The main items purchased are desktop 3D printers, industrial 3D printers, scanners, workstations and other equipment. The equipment budget accounts for most of the total project budget. Seats and system wiring The budget is only a small part. 分,而商务分值达到30分之多。 This shows that the project mainly focuses on the procurement of related equipment, and the major equipment technical parameter scoring items should account for a large proportion. Actually, it has only 30 points, while the business score reaches as much as 30 points. 分的评分项,其中“投标人具有省级企业技术中心资质、具有国家规划布局内重点软件企业证书”各3分,分值过高。 In particular, the bidder's strength item has a 12- point scoring item, of which "Bidder has the qualification of a provincial-level enterprise technology center, and has a key software enterprise certificate in the national planning layout", the score is too high.

  (2) Provinces have limited time-limited qualifications or regular assessment requirements for the assessed provincial enterprise technology centers. The bidding documents did not specify this, and there were loopholes in which bidders should bid with expired certificates. At the same time, reaching a certain amount of operating income is also a prerequisite for qualification determination. Using this qualification certificate as a scoring item is equivalent to using the bidder's operating income as a review factor, which violates the 17th "Administrative Measures for Bidding of Government Procurement of Goods and Services" Article "Procurement buyers and procurement agencies shall not take the bidder's registered capital, total assets, operating income, employees, profits, tax amount and other scale conditions as qualification requirements or assessment factors".

  (3) According to the "Trial Measures for the Identification and Management of Key Software Enterprises and Integrated Circuit Design Enterprises in the National Planning Layout", the valid period of the qualifications for the key software enterprises in the National Planning Layout is two years. The bidding documents did not specify this. Certificate should be marked for loopholes. In addition, only companies with operating income that meets certain standards can apply for recognition. The use of certification as a scoring item is equivalent to the bidder's operating income as a review factor, which violates Article 17 of the "Administrative Measures for Tendering of Government Procurement of Goods and Services" Purchasers and procurement agencies shall not take the bidder's registered capital, total assets, operating income, employees, profits, tax amount and other scale conditions as qualification requirements or assessment factors ".

Therefore, this department supports the complainant's complaint that the qualification of the provincial-level enterprise technology center and the key software enterprise certificate in the national planning layout are unreasonable scoring terms.

2. Complaint matters 2.

质量管理体系认证、 ISO14001环境管理体系认证、 OHSAS18001职业健康安全管理体系认证主要是对企业在质量保证、环境影响、安全生产等内控管理上的认可与评定。 The ISO9001 quality management system certification, ISO14001 environmental management system certification, and OHSAS18001 occupational health and safety management system certification are mainly for the recognition and evaluation of enterprises in internal control management such as quality assurance, environmental impact, and safety in production. Passing such certification reflects the company's ability to control the entire process of production and operation, as well as the standardization of the company's management in terms of quality control, environmental protection, and safety in production. 打印机设备采购,安装布线仅为辅助部分,理应对设备生产厂家设置较高的商务评审因素,即应将上述认证作为设备生产商的商务评分项。 Although all kinds of enterprises can apply for the above certifications, since the main body of the project is the purchase of 3D printer equipment and the installation and wiring are only auxiliary parts, it is reasonable to set a high business review factor for the equipment manufacturers, that is, the above certifications should be used as equipment manufacturers Business score item. If the above certification is used as the scoring item of the bidder's commercial part, it may not be conducive to the participation of various equipment dealers in the project. 分,分值过高。 At the same time, the score of this three certificates is set to 9 points, which is too high. 质量管理体系认证、 ISO14001环境管理体系认证、 OHSAS18001职业健康安全管理体系认证的评分项设置不合理,限制、排斥了潜在投标人”的投诉事项,本厅予以支持。 Therefore, the Office supported the complainant's complaint regarding "the scoring items of the ISO9001 quality management system certification, ISO14001 environmental management system certification, and OHSAS18001 occupational health and safety management system certification were unreasonably set, limiting and excluding potential bidders."

3. Complaints

号)第十五条第(四)项规定,质疑答复时应当告知质疑供应商依法投诉的权利,被投诉人政邦公司的质疑答复函中无此项内容。 According to Article 15 (4) of the "Measures for Questioning and Complaints about Government Procurement" (Order of the Ministry of Finance No. 94 ), the right to question the supplier should be notified when responding to the challenge, and the respondent's Zhengbang Company's challenge response This is not included in the letter. Therefore, this department supports the complainant's complaint regarding "the agency did not inform the supplier in question of the right to complain in accordance with the law in the response letter to the challenge".

打印实训室设备采购项目(编号: ZB2018-0601 )的公开招标文件、评标报告、质疑函、质疑回复函、被投诉人的说明函等证据证明。 The above facts are evidenced by the public bidding documents, bid evaluation report, challenge letter, challenge reply letter, and the respondent's explanation letter of the 3D printed training room equipment procurement project (No. ZB2018-0601 ) of Hainan Institute of Technology.

号)第三十一条第一项和《海南省政府采购代理机构管理实施办法(暂行)》(琼财采〔 2018833号)第二十五条第(五)项之规定,决定如下: To sum up, this project has not yet identified a successful supplier, in accordance with Article 31, Item 31 of the "Measures for Questioning and Complaints about Government Procurement" (Ministry of Finance Order No. 94 ) and the "Implementation Measures for the Management of Hainan Provincial Government Procurement Agencies ( (Interim) "(Qiong Caicai [ 2018 ] No. 833 ) Article 25 (5), the decision is as follows:

1, Order to resume procurement activities;

2, Interviews with the responsible person and responsible person of the agency.

If you do not accept this decision, you can apply for administrative reconsideration to the People's Government of Hainan Province or the Ministry of Finance of the People's Republic of China within 60 days from the date of service of this decision, or to the competent jurisdiction within 6 months from the date of service of this decision. The People's Court of the People's Republic of China has filed an administrative lawsuit.

   Department of Finance of Hainan Province

828 August 28 , 2018

(This one is open to the public)