Yue Cai Cai Jue [2022] No.6
Complainant: Guangdong Liqing Furniture Co., Ltd. (hereinafter referred to as the Complainant)
Address: Workshop 4, No.30, No.29 Changgang Road, Genghe Avenue, Genghe Town, Gaoming District, Foshan
Legal Representative: Lou Xintao
Respondent: Guangdong Provincial Government Procurement Center (hereinafter referred to as procurement agency)
Address: No.118 Yuehua Road, Yuexiu District, Guangzhou
Related suppliers: Guangdong Mingshan Wood Furniture Decoration Co., Ltd. (hereinafter referred to as Mingshan Company)
Address: No.2, Liang Jianhua Workshop, No.11 Gongye Avenue, Luosha North Industrial Zone, Lecong Town, Shunde District, Foshan City
The complainant questioned the purchase result of package 1 of "Guangdong Maritime Militia Training Base Life Equipment and Facilities Purchase Project" (project number: GPCGD213200HG130F), and filed a complaint with this organ on March 28th, 2022, which was accepted by this organ. After investigation, it has been terminated.
Complainant requestAccording to Item (2) of Paragraph 1 of Article 32 of the Measures for Questioning and Complaining about Government Procurement, if the result of bid winning or transaction is deemed invalid and the qualified suppliers meet the legal requirements, the bid winning or transaction supplier may be determined separately from the qualified candidates, the purchaser shall be required to determine the bid winning or transaction supplier separately according to law, and the second (i.e. the complainant) shall be determined as the bid winning supplier according to law.
The complainant complained that:1. Minghao Company provided false certificates of environmental management system and quality management system to win the bid. The fact basis is the screenshot of the information query that the tender documents require to provide the certificate as the evaluation basis, and those that have been invalidated or revoked do not score. It inquired on the website of the national certification and accreditation information public service platform that the above two certificates were suspended and invalid on March 5, 2022, and were still suspended and invalid on March 7, 2022, but the score of Minghao Company was full marks. 2. The famous company does not have the necessary equipment and professional technical ability to perform the contract.
The purchaser said:The project was officially opened on March 7, and after on-site evaluation by experts, it was decided to recommend Minghao Company (the first place) and complainant (the second place) as the candidate units for winning the bid. According to the Letter on Confirmation of Procurement Review Results issued by the Provincial Procurement Center on March 8, the unit confirmed the results in time, and signed a supply agreement with Minghao Company on March 24 according to relevant regulations and procedures, and announced the contract on the procurement platform as required. According to the requirements of the contract, Minghao Company has confirmed the color, style, quantity and supply requirements of furniture with this unit, and Minghao Company is already fulfilling the contract.
The procurement agency said: About the complaint 1Upon verification, the bid opening time of this project is 9:30 on March 7, 2022. The time for Minghao Company to submit its bid documents on the Guangdong government procurement smart cloud platform is March 6, 2022. The evidence submitted by the complainant that the certification status of the famous company was "suspended" on the national certification and accreditation information public service platform showed that "the date of information submission was March 7, 2022." Because the date of information submission and bid opening are the same day, the time nodes of the complainant and Minghao Company’s inquiry on the national certification and accreditation information public service platform are inconsistent, resulting in inconsistent certification status, which cannot prove that Minghao Company submitted false materials to win the bid, and complaint 1 is not established. In addition, if the above two certificates submitted by a famous company are invalid, the company’s business score will be deducted by 4 points, and the total score will be 92.43 points after deduction. The recommended ranking order of this package group will remain unchanged, and the purchase result will not be affected.About Complaint 2Page 2 of the tender document requires that "1. The bidder shall meet the conditions stipulated in Article 22 of the People’s Republic of China (PRC) Government Procurement Law and provide the following materials: 4. Equipment and professional technical ability necessary for performing the contract: the information on equipment and professional technical ability shall be reported in the format of bidding (response) document". After verification, Minghao Company reported the equipment and professional technical ability in the bidding documents according to the bidding (response) file format. The purchaser believes that Minghao Company meets the above requirements. The data from Eye-Eye Survey can’t be used as the basis for evaluation, and the existing evidence can’t prove that Minghao Company doesn’t have the necessary equipment and professional technical ability to perform the contract. Complaint 2 is not established.
The relevant supplier company said:About Complaint 1On March 6th, the company successfully uploaded the bidding documents on the cloud platform. In the whole process of making the tender, according to the requirements of the tender documents, I logged into the national certification and accreditation information public service platform and took screenshots of the certification certificates of the company’s environmental management system and quality management system. At that time, the above two certificates were all valid. The company believes that the website of the National Certification and Accreditation Administration found that the company’s certificate was suspended on March 5, and the reporting date was March 7, so the website inquiry before the reporting date was valid, not suspended, invalid, and not false materials. According to the management regulations of CNCA on quality certification, the company submitted an annual review application to the certification body in February 2022, and the review procedure was delayed due to the epidemic situation. At present, the company’s certificates have passed the annual examination, and all of them have been shown as "valid" on the website of the State Administration of Market Supervision.About Complaint 2In strict accordance with the requirements of the tender documents, according to our own actual situation, the company truthfully reported the equipment and professional technical capabilities in the format of bidding (response) documents, including all kinds of production equipment and professional technologies, as well as past years’ performance and successful cases. The bidding documents also provided relevant performance contract copies, acceptance reports, customer satisfaction evaluation and other materials as evidence. As for the factual basis provided by the complainant, during the questioning period, the complainant deliberately called the mayor’s hotline several times to complain about the department. After receiving the complaint, the relevant administrative law enforcement departments have gone to the department for inspection, taking photos and making law enforcement records. After strict law enforcement inspection, no problems were detected. Up to now, the company has been producing normally, strictly implementing the requirements of relevant departments, earnestly implementing various safety measures, and having sufficient manpower, financial resources and technical strength to ensure the normal production and delivery of various contracts. At present, the company has signed a contract with the purchaser and is fulfilling the contract. The goods are already in supply. On March 28th, the company fulfilled the supply of writing chairs, office chairs, bar tables and other products. In addition, the data provided by the complainant is different from the real data of the company. The company is a furniture manufacturing enterprise supported by the government, not a leather bag company as described by the complainant. Mingjun Furniture Factory is the second workshop production department of the company. As part of the staff of this company are assigned to work abroad, social security is purchased by other companies, and the actual number of participants is not consistent with the data of Tianyanchao.
This organ finds out as follows:
"Guangdong Maritime Militia Training Base Living Equipment and Facilities Purchase Project" (project number: GPCGD213200HG130F, divided into two packages), the purchaser is Guangdong Provincial Department of Agriculture and Rural Affairs, with a total budget of 12.22 million yuan, and the procurement agency is Guangdong Provincial Government Procurement Center. On January 26, 2022, the public bidding announcement was issued, three change announcements were issued on January 31, February 11 and February 18, the bid evaluation was organized on March 7, and the result announcement was issued on March 8. At present, the procurement contract of this project package 1 has been signed and is being fulfilled.
(1) About Complaints 1
Provisions in the tender documentsOn page 33, the evaluation criteria of "Detailed Evaluation" evaluation factor "Comprehensive Ability 1" stated that "the bidder has the certificate of ISO14001 (within the validity period) for environmental management system certification; 2 points; Bidder with ISO9001 (within the validity period) quality management system certificate, 2 points. Provide a copy of the certification certificate and provide a screenshot of the information query of the system certificate on the national certification and accreditation information public service platform as the basis for evaluation. If it has expired or revoked, it will not score. "
Response of bidding documents of Mingxia Company: Pages 456-459 provide the environmental management system certification ISO14001, the quality management system certificate ISO9001 and the screenshots of the national certification and accreditation information public service platform, which show that the above certificates are valid.
The evaluation report shows thatAccording to the requirements of the tender documents, the bid evaluation committee reviewed the materials provided by the famous company, and the famous company scored a perfect score (4 points).
Other relevant information identified.: According to the national public service platform for certification and accreditation information, the two certification certificates submitted in the bidding documents of Mingjia Company are currently valid. The initial certification date is December 25, 2019 and the validity period is December 24, 2022. The above certificate was changed once on March 5, 2022, from valid to suspended (suspended until September 4, 2022), and the display information was submitted on March 7, 2022.
Reply of Guangdong Provincial Market Supervision AdministrationDescription: After inquiring about the "Certification Administrative Supervision System of the General Administration of Market Supervision", the two certificates provided by the bidding documents of Minghao Company are valid. On March 5, 2022, the above certificate was changed from valid to suspended (suspended until September 4, 2022), and the valid status of the certificate was restored through supervision and audit on March 22, 2022. Therefore, the actual suspension date of the above certificate is from March 5 to 21, 2022. According to the regulations, the certified organization shall not use the certification certificate in any way during the suspension of the certificate.
Aierfu International Certification (Beijing) Co., Ltd. (Certificate Certification Body) Replystate clearly: one isTwo certificates in the bidding documents of Mingjia Company were issued by them, which are true and effective.The second isAccording to the contract and the requirements of the certification standards, Mingxia Company accepted the first annual supervision and audit on December 5-6, 2020, and should have accepted the second supervision and audit on December 5, 2021. However, according to the requirement of "The time interval between two supervision and audits shall not exceed 15 months" in the Certification Rules of Quality Management System issued by CNCA, the second supervision and audit can be conducted before March 5, 2022. However, due to Minghao Company’s failure to fulfill the obligations stipulated in the certification contract, it accepted the second supervision and audit on schedule, so the company suspended its certification on March 5, and the end date of suspension was September 24, 2022.The third isThe two certificates cannot be used normally in the suspended state.The fourth isSince March 5th is a rest day, the Company reported the relevant suspension information on March 7th on the "Unified Reporting Platform for Certification and Accreditation Business Information".Before the information was submitted on March 7th, the status of the certificate in the national certification and accreditation information service platform was displayed as valid..The fifth isBecause Minghao Company fulfilled the relevant certification contract, the company made a decision to restore the validity of the above two certification certificates of Minghao Company on March 22nd, 2022 according to the audit results, and reported the information to the "Unified Reporting Platform for Certification and Accreditation Business Information" on the same day.
(II) About Complaints 2
Provisions in the tender documents: Page 2 "Qualification Requirements for Bidders" states: "1. Bidders should meet the requirements stipulated in Article 22 of the People’s Republic of China (PRC) Government Procurement Law and provide the following materials: 1) They have the ability to bear civil liabilities independently: legal persons or other organizations or natural persons registered in People’s Republic of China (PRC) should submit copies of valid business licenses (or relevant certificates such as career legal person registration certificate or ID card) when bidding (responding). If a branch bids, it must provide a copy of the business licenses of the head office and the branch office, and the power of attorney issued by the head office to the branch office. ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… ……”
Response of bidding documents of Mingxia Company:On page 58, the table of equipment and professional technical ability is filled in according to the bidding (response) file format.
The qualification report states:The purchaser recognizes the response of the famous company and determines that the famous company has passed the qualification examination.
The above facts are supported by the complaint materials submitted by the complainant, the reply materials submitted by the purchaser, the procurement agency and the relevant suppliers, the tender documents, the bidding documents, the review report, the reply from the third party investigation, and other relevant information found out.
After examination, the agency believes that:
(1) About Complaints 1
The Provincial Market Supervision Administration and the certification body replied to confirm that the two certification certificates provided by Minghao Company’s bidding documents are true and valid, and the certification body explicitly suspended the information reporting (March 7, 2022), and the certification certificate of Minghao Company was valid on the national certification and accreditation information public service platform. Minghao Company submitted its bid documents on March 6, 2022, and there is no relevant evidence to prove that the screenshot of relevant certificates provided by Minghao Company is false.To sum up, complaint 1 lacks factual basis, and the complaint is not established.In addition, in view of the fact that the winning bidder scored 96.43 points, which was 5.54 points higher than the second place, the validity of the above two certificates will not affect the procurement results.
(II) About Complaints 2
Minghao Company submitted the Table of Equipment and Professional Technical Ability in the bidding documents according to the requirements of the bidding documents. In the qualification examination, the purchaser recognized the response of Minghao Company and determined that it passed the qualification examination. There is no evidence to prove that Minghao Company does not have the equipment and professional technical ability necessary to perform the contract.To sum up, Complaint 2 lacks factual basis and the complaint is not established.
To sum up, this organ decides as follows:
According to Item (2) of Article 29 of the Measures for Questioning and Complaining about Government Procurement (Order No.94 of the Ministry of Finance), complaints 1 and 2 lack factual and legal basis, and the complaint is rejected.
If you refuse to accept this decision, you may apply for administrative reconsideration to the Ministry of Finance of People’s Republic of China (PRC) or the Guangdong Provincial People’s Government within 60 days from the date of receiving this decision, or bring an administrative lawsuit to a court with jurisdiction within 6 months from the date of receiving this decision.
Guangdong Provincial Finance Department
May 6, 2022
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