How to set vendor-specific conditions? What should buyers pay attention to when setting specific conditions?

Paragraph 2 of Article 22 of the Government Procurement Law stipulates: "The purchaser may specify the specific conditions of the supplier according to the special requirements of the procurement project". This provision provides convenience for buyers.

However, in the procurement practice, many questions and complaints occur because some conditions are not mentioned well. Then, how should the purchaser set legal and reasonable specific conditions according to the special requirements of the procurement project?

The specific conditions should be suitable for the procurement requirements.

First, determine the industry according to the content of the purchase demand; Secondly, consult the industry regulations and verify the corresponding qualifications. Specific qualifications cannot require qualifications unrelated to the procurement demand, nor can they require qualifications beyond the actual needs of the demand.

The State Council has repeatedly issued a document to cancel and modify the qualification requirements of many industries. For example, property services no longer need qualifications. Therefore, it is necessary to pay special attention to the fact that specific qualifications should be mandatory qualifications explicitly required by law. The qualifications set by trade associations are generally not regarded as specific qualifications. When setting specific qualifications, we should first pay attention to compliance and timeliness.

Secondly, we should focus on the latest requirements of the Ministry of Finance, industry ministries and local governments. For example, in the procurement of information products, under the background of promoting national information security, we should pay attention to whether there are national information security products in the procurement requirements, and if there are, we need to set corresponding specific qualifications.

Third, according to the Notice on Promoting Fair Competition in Government Procurement and Optimizing the Business Environment (Caiku [2065438+09] No.38), government procurement projects should be combined with the background of optimizing the business environment, and specific qualifications should be set reasonably, and they should not be improved without authorization.

Specific qualifications should ensure full competition.

The buyer should pay attention to three points when setting "specific conditions":

1, which shall not violate the requirements of relevant national policies. If the specific conditions themselves are illegal, they cannot be used as specific conditions. At the same time, the selection of specific qualifications shall not violate the requirements of relevant laws and regulations on government procurement, such as supporting the development of small and medium-sized enterprises and promoting the promotion of energy-saving and environmental protection products.

2, set specific conditions should adapt to the specific characteristics and actual needs of the procurement project, or related to the performance of the contract. Suppliers should adopt consistent qualification standards. Specific conditions shall not point to specific patents, trademarks, brands or suppliers, shall not illegally restrict the ownership form, organization form or location of suppliers, and shall not restrict or exclude potential suppliers with other unreasonable conditions.

3. After setting specific conditions, it is necessary to ensure that the project is still fully competitive and that at least three suppliers of the project meet the qualification conditions.

For more information about project/service/procurement bidding, and to improve the winning rate, please click on the bottom of official website Customer Service for free consultation:/#/? source=bdzd