'Diagnostic reagents bidding equipment', a big offense!

Medicine Network November 30 hearing

In the past two years, a kind of 'recruit agent donated equipment' Bidding The model is rapidly gaining popularity in the government procurement of medical device projects.

The so-called 'recruit donated equipment' refers to the purchaser (hospital) open tender in vitro diagnostic reagents (hereinafter referred to as reagents), the additional condition is 'to provide supporting testing equipment for use', and some also require suppliers to provide laboratory modifications to the hospital And bear the cost '.

The problem is not only seen in the recruitment of reagents, but some bidders who use large quantities of special consumables also require (free) provision of equipment and the situation is intensifying in similar situations.

Government procurement 'refers to the act of obtaining goods, construction and services by contract for a fee (Article 2 of the Government Procurement Law),' paid 'or' not free '.' The purchaser shall not ask or accept from the supplier Gifts, rebates or other goods and services unrelated to the procurement (Article 11 of the Implementing Regulations of the Government Procurement Law), which is the law Regulations As early as the express provisions of the purchaser bidding, illegal is self-evident.

Bidding reagents is the banner, illegally ask for gifts (equipment), rebate is its main purpose.

See, the purchaser studied statutory provisions, scrutiny over the tender documents to 'provide supporting test equipment for use' in the text, to avoid 'giveaway' 'free' 'rebates' and other sensitive words, ownership of the equipment is also attributable to intentionally do not mention. people in the industry are well aware, equipment either donated or unpaid rent, as well as laboratory transformation costs, are considered 'premium rebate', a statute expressly prohibited.

Hospital 'run out of reagents to return money' has many years of reagents payment profiles. In this way, the hospital basically do not take this part of their own working capital can operate, the truth is through the reagent supplier of money (financing) in the business ;

For the pursuit of greater benefits, and now the equipment is not bought for the supplier 'to provide' (not to say that is presented), whether regarded as a gift, or be considered an installment purchase, anyway, after-sales service and repair parts, the hospital neither worry nor Pay, but also all the suppliers package;

The hospital can not say that the supplier sent back the deduction, but the cost of the laboratory reform but also to make the supplier to bear, obviously is a rebate money.

Such a hospital should think about it, this is a fair deal?

Some hospitals really do not have much money to buy equipment, it can rent equipment it. Leasing is one of the statutory government procurement options ("Government Procurement Law," Article II), through formal government procurement bidding process, the purchase of reagents, rental equipment , Rent determined by the successful bidder, pay on schedule, legal compliance, fairness and justice, the problem of lack of money will be solved.Such good is not to go, but follow the learning trick of equipment donated crooked pathways, it is wrong The way!

The donation of equipment impaired the seriousness of the legal principle of 'paid acquisition' of government procurement. The rebate of gifts destroyed the strict consideration relationship between the purchase price and the cost of the purchase target, seriously disturbing the normal price system of the market. Loopholes, but also for the breeding of corruption left a black hole;

Some hospitals are driven by illegitimate interests and have forgotten the requirements of procuring people that they should 'safeguard the interests of the state and the public interest in the society, be fair and honest, be honest and trustworthy' (Article 11 of the Implementing Regulations of the Government Procurement Law), and make the government procurement fair and honest The image of credit is shameful and the normal order of the government procurement market is disrupted.

Some local governments are apparently responsible for knowing that they have given their release or acquiescence in violation of the law for reasons of local interests.

Purchaser and his staff 'accept bribes or obtain other improper benefits during the procurement process' or 'Criminal prosecution according to law', or 'fines', or 'confiscation of illegal gains' or 'administrative sanctions' ("the government (Article 72 of the Law of the People's Republic of China on Acquisition Laws); and the difference should also be differentiated or 'termination of procurement' or 'invalidation of the bid' or 'cancellation of contract' or 'compensation for damages' (Article 71 of the Implementing Regulations of the Government Procurement Law ).

The Measures for the Administration of Bidding and Bidding for Government Procurement of Goods and Services (MOF Decree No. 87, hereinafter referred to as '87 Order ') which came into effect on October 1 clearly stipulates that the purchaser' solicits or accepts gifts from suppliers , Rebates or other goods and services unrelated to the procurement 'shall be ordered to make corrections within a prescribed time limit' and given a warning 'if the person in charge is directly responsible or other directly responsible personnel' shall be punished and notified according to law Suspected of crime, transferred to the judiciary. '

First of all, local governments should abandon the illegal interests of local governments and strictly enforce the laws. All procurement projects that contain kickbacks of gifts should not be released.

Secondly, the procurement documents should be written in accordance with the law. The bidding (response) document containing the rebate of the gift is an invalid document. "The subject matter of the price of zero yuan or the non-labeled price is considered as the rebate of the gift." For the bid price markedly lower than that of other bidders , In accordance with the provisions of Article 87 of Article 87. 'For the requirements of the procurement documents or requests for rebate in disguise, the evaluation experts should be' the contents of the procurement documents in violation of national mandatory requirements' and 'stop the review' ("Government Procurement Law Article 41 of the Implementing Regulations).

Thirdly, according to the provisions of Article 71 of the Implementing Regulations of the Government Procurement Law, the differences between the projects that have been done and under way are handled according to law.

It is reported that some time ago the State Administration for Industry and Commerce, the State Planning Commission and other ministries further strengthened medicine Anti-corruption deployment in the field and unfair competition involving suspected commercial bribery such as the sale of consumable supplies and ancillary equipment are one of the focuses of investigation and treatment and hope to take this opportunity to effectively deter and remedy similar illegal activities such as' The normal order of government procurement market.