Notice of the general office of the Ministry of he

Notice of the general office of the Ministry of health on printing and distributing the specifications for the centralized procurement of class a large medical equipment (Trial)

health departments and bureaus of provinces, autonomous regions and municipalities directly under the central government, and the international exchange and cooperation center of the Ministry of health:

in order to standardize and strengthen the centralized procurement management of class a large medical equipment, ensure the procurement quality and reasonable procurement price, according to the government procurement law of the people's Republic of China According to the bidding law of the people's Republic of China and other laws and regulations, the Ministry has formulated the working specifications for centralized procurement of class a large medical equipment (Trial). It is hereby printed and distributed to you, please comply with it

all regions should refer to this specification, study and formulate the working specifications for centralized procurement of class B large-scale medical equipment in accordance with the principles of openness, transparency, fair competition and integrity, and in combination with local reality, so as to effectively promote the centralized procurement of class B large-scale medical equipment

August 7, 2012

specifications for centralized procurement of class a large medical equipment of the Ministry of Health (Trial)

Chapter I General Provisions

Article 1 is to standardize the centralized procurement management of class a large medical equipment, ensure the procurement quality and reasonable procurement price, in accordance with the bidding law of the people's Republic of China, the government procurement law of the people's Republic of China, the implementation measures for international bidding of mechanical and electrical products and other relevant provisions, Develop this specification

Article 2 the term "class a large medical equipment" in this specification refers to the medical equipment listed in the class a management items of large medical equipment

Article 3 centralized procurement of class a large medical equipment (hereinafter referred to as centralized procurement) shall be organized and implemented by the Ministry of health

Article 4 non profit medical institutions run by governments at all levels and state-owned enterprises (including state-owned holding enterprises) shall participate in the centralized procurement of class a large-scale medical equipment. Configuration includes new purchases, updates, and performance upgrades focusing on core hardware replacement

Article 6 this specification is applicable to centralized procurement agencies, medical institutions, bidding agencies and suppliers participating in centralized procurement activities

Chapter II Organization and management

Article 7 the Ministry of health establishes a leading group for centralized procurement (hereinafter referred to as the leading group). The leading group is composed of leaders of the management department of the Ministry of health, the Department of planning and finance, the Party committee of the directly subordinate organs, the Supervision Bureau of the Ministry of supervision in the Ministry of health, and the working organization of centralized procurement to strengthen basic research and system construction, and other relevant departments, with the leader of the Department in charge as the group leader

the leading group is responsible for the decision-making and coordination of major matters related to centralized procurement, and supervises the whole process of centralized procurement

Article 8 the leading group for centralized procurement shall set up an office. The office is located in the planning and Finance Department of the Ministry of health and is composed of relevant personnel from member units of the leading group. The office undertakes the daily work of the leading group, is responsible for establishing and managing the expert database, guiding the centralized procurement organization to carry out relevant work, and putting forward work suggestions to the leading group for consideration

Article 9 the Ministry of health entrusts the units directly under the Ministry of health to undertake the specific centralized procurement work as the centralized procurement organization according to the work needs

Article 12 centralized procurement organization refers to the organization entrusted by the Ministry of health to undertake specific centralized procurement under the leadership of the leading group and the office

Article 13 the main responsibilities of the centralized procurement organization include:

(I) organize and carry out centralized procurement in accordance with relevant national laws and regulations

(II) formulate the work plan, implementation procedures and various rules and regulations of centralized procurement

(III) prepare documents related to centralized procurement

(IV) sign a centralized procurement entrustment agreement with medical institutions

(V) sign the entrusted bidding agreement with the bidding agency

(VI) organize medical institutions to sign procurement contracts with suppliers according to the centralized procurement results and supervise the implementation of the contracts

(VII) coordinate and handle relevant inquiries, queries and complaints

(VIII) be responsible for the archiving and preservation of relevant data of centralized procurement

(IX) undertake other work assigned by the leading group and the office

Article 14 medical institutions participating in centralized procurement shall obtain the configuration license of class a large-scale medical equipment, and have the conditions that the procurement funds are in place, the sources of funds meet the national regulations, and the infrastructure conditions meet the installation requirements

Article 15 the main responsibilities of medical institutions include:

(I) sign a procurement entrustment agreement with the centralized procurement organization, cooperate with and supervise the centralized procurement organization to implement centralized procurement

(II) submit true, complete and clear procurement demand plans, financing and infrastructure

(III) according to the centralized procurement results, sign the procurement contract with the supplier within the specified time, but shall not sign other agreements with the supplier that deviate from the substantive content of the contract to seek illegitimate interests

(IV) complete the payment, installation and other follow-up work in time according to the contract

(V) after the purchase contract is signed, the copy of the contract, the equipment configuration list and the performance of the contract shall be submitted to the centralized procurement organization in time

Article 17 suppliers are large-scale nail medical equipment manufacturers or operating enterprises

Article 18 suppliers participating in centralized procurement activities shall meet the following conditions:

(1) have the ability to independently undertake civil affairs

(2) have a good business reputation and a sound financial and accounting system

(III) have the necessary equipment, professional and technical capabilities and perfect after-sales service system to perform the contract

(4) having a good record of paying taxes and social security funds according to law

(V) there is no major illegal record in business activities within 3 years before participating in centralized procurement activities

(VI) other conditions stipulated by laws and regulations

Article 19 suppliers shall undertake the following obligations:

(I) abide by laws and regulations, accept the qualification examination of suppliers in accordance with the provisions, and objectively and truly reflect the relevant situation

(II) timely respond to the legitimate requirements related to centralized procurement activities put forward by centralized procurement agencies, medical institutions and bidding agencies, and truthfully provide relevant materials

(III) abide by the principle of fair competition and shall not take improper actions to participate in centralized procurement activities

(IV) according to the results of centralized procurement, timely sign procurement contracts and clean supply agreements with medical institutions, and implement transportation, insurance, installation, maintenance, training and other related matters in accordance with the contract; No kickbacks in any form shall be given to medical institutions or individuals outside the provisions of the procurement contract

Chapter IV procurement methods

Article 20 centralized procurement adopts the following methods:

(1) public bidding

(II) invitation for bids

(III) competitive negotiation

(IV) single source procurement

(V) inquiry

(VI) other procurement methods stipulated by the state

Article 21 centralized procurement shall generally be carried out by means of public bidding

Article 22 If one of the following conditions is met, it can be purchased by invitation to bid:

(1) it has particularity and can only be purchased from a limited range of suppliers

(II) the cost of public bidding accounts for an excessive proportion of the total value of the procurement project

Article 23 If one of the following circumstances is met, competitive negotiation can be adopted for procurement:

(1) there is no supplier's bid or qualified bid after the bidding, or the re bidding fails to be established

(2) it is impossible to determine the detailed specifications or specific requirements due to its complex technology or special nature

(III) the time required for bidding cannot meet the urgent needs

(IV) the total price cannot be calculated in advance

Article 24 under one of the following circumstances, procurement from a single source can be adopted:

(1) procurement can only be made from a single supplier

(II) unforeseen emergencies have occurred, and it is impossible to purchase from other suppliers

(III) it is necessary to ensure the consistency of the original procurement project or the requirements of supporting services, and it is necessary to continue to purchase from the original supplier, and the total amount of additional purchase funds does not exceed 10% of the purchase amount of the original contract

Article 25 If the specifications and standards of the purchased equipment are unified, the spot supply is sufficient and the price change is small, the inquiry method can be used to purchase

Article 26 centralized procurement adopts the methods of invitation to bid, competitive negotiation, single source procurement or inquiry procurement, which should be reported to the leading group for examination and approval, and implemented after strictly implementing the approval procedures in accordance with the relevant provisions of the state

Article 27 in line with the relevant provisions of the state, the centralized procurement agency may handle the bidding matters on its own for projects with the ability to prepare bidding documents and organize bid evaluation. Projects that must be subject to bidding according to law and can be handled by centralized procurement agencies themselves shall be reported to the leading group for examination and approval before implementation, and shall be reported to the relevant departments for the record

Article 31 the members of the office, representatives of medical institutions and experts form a bidding agency selection team, which is responsible for the selection of bidding agencies

(1) a legal entity with independent qualifications

(II) have grade a qualification of international bidding agency for mechanical and electrical products

(III) have the grade a qualification of government procurement agency

(4) having grade a qualification of bidding agency for central investment projects

(V) other conditions that must be met according to specific project requirements

Article 33 the selection of bidding agencies shall be carried out in accordance with the following procedures:

(I) preparation of selection documents

(II) issue a selection invitation to the candidate bidding agency

(III) the candidate bidding agency submits the application and relevant documents

(IV) qualification examination of candidate bidding agency. be necessary