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The ministry of health issued by the general office of a class of large medical equipment centralized purchasing work specification (for trial implementation) notice

 

 

 

Who do gauge money hair [2012] no. 96

 

 

        All provinces, autonomous regions, municipalities directly under the central government health TingJu, the ministry of health international exchanges and cooperation center:

        In order to regulate and strengthen the class a large medical equipment centralized purchasing management, security purchasing quality and purchase the price is reasonable, according to the law of the People's Republic of the government procurement law, the PRC invitation and submission of bids law and other laws and regulations, our has formulated the "class a large medical equipment centralized purchasing work specification (try out)". And now you, please comply with them.

        The various localities should refer to the standard, in accordance with the principles of open transparent, fair competition and impartial and honest principle, combined with the local reality, to research and develop secondary large medical equipment centralized purchasing work specification, and promote the secondary large medical equipment centralized purchasing work.

 

 

On August 7, 2012

 

 

The ministry of health class a large medical equipment centralized purchasing

Job specification (for trial implementation)

 

first chapter general rules

 

        Article 1 in order to regulate the class a large medical equipment centralized purchasing management, security purchasing quality and purchase the price is reasonable, according to the PRC invitation and submission of bids law, the law of the People's Republic of the government procurement law, the international bidding of mechanical and electrical products bidding measures for the implementation of the related regulations, we constitute this code.

 

        Article 2: this regulation "class a large medical equipment, it is to point to include large medical equipment class a management item of medical equipment.

 

        Article 3 the class a large medical equipment centralized purchasing (hereinafter referred to as the centralized purchasing) by the ministry of public health under the unified organization of the implementation.

 

        Article 4 the governments at all levels, state-owned enterprises (including state-owned holding enterprise) held a non-profit medical institutions configuration class a large medical equipment, all should attend centralized purchasing. Configuration includes new acquisition, update, and its core hardware change primarily performance upgrade.

 

        Article 5 of centralized procurement shall follow the transparent, fair competition, impartial and honest and the principle of good faith.

 

        Article 6 this code applies to participate in the centralized purchasing activities centralized purchasing work mechanism, medical institutions, bidding agency and suppliers.

 

 

 

The second chapter organization management

 

        Article 7 ministry of health established centralized purchasing work leading group (hereinafter referred to as the leading group). Leading group in charge by the ministry of public health department leadership, planning account division, directly under the authority party committee, ministry of supervision bureau in the ministry of health and centralized procurement institutions and other related department person in charge composition, responsible for the leaders of the ministry RenZuChang.

 

        Leadership group is responsible for the centralized purchasing the major issues of the decisions and related affairs coordination, the centralized purchasing work whole process supervision.

 

        Article 8 centralized purchasing work leading group of administrative office. The office is in the ministry of health planning account division, the member institutions of the leader group related staff. The leading group office for daily work, responsible for the establishment and management expert database, guidance of centralized procurement institutions work related work, puts forward the work proposal to the leading group, etc.

 

        Article 9 the ministry of health according to work need to entrust department directly under the unit as a centralized procurement institutions to undertake the specific work of centralized procurement.

 

        Article 10 centralized procurement institution shall establish and perfect the centralized purchasing work system and internal supervision mechanism, and safeguard human equipped with, improve staff professional level, strengthening the professional ethics and honesty and self-discipline education.

 

 

 

The third chapter

 

        Article 11 the parties is to point to in the centralized purchasing activities enjoys the rights and assumes the obligations of the main body, including centralized procurement agencies, medical institutions, bidding agency and suppliers.

 

        Article 12 the centralized procurement institutions entrusted by the ministry of health refers to, in the leading group office and, under the leadership of the centralized purchasing work for specific institutions.

 

        Article 13 the centralized purchasing work the main responsibility is include:

 

        (a) according to relevant state laws and regulations, the organization carries out the centralized purchasing work;

 

        (2) make centralized purchasing plan, implementation procedure and various rules and regulations;

 

        (3) the establishment of centralized procurement work related documents;

 

        (4) and medical institutions entrusted a centralized purchasing agreement;

 

        (5) and procuratorial agency signed entrust acting bidding agreement;

 

        (6) organization medical institutions and suppliers according to the centralized purchasing signed the purchase contract and supervise the execution of the contract;

 

        (7) coordination and deal with related inquiry, question and complaint;

 

        (8) is responsible for the centralized purchasing work related data archiving and preservation;

 

        (9) undertake leading group and other duties assigned by the office work.

 

        Article 14 in centralized purchasing of medical institutions shall be obtained for a class a large medical equipment allocation permission, and have to purchase funds in place, the sources of the funds, conform to the state provisions, infrastructure conditions meet the requirement of machine conditions.

 

        Article 15 the medical institutions the main responsibility is include:

 

        (a) and centralized procurement institutions entrusted agreement signed purchase, cooperate and supervision and centralized purchasing work the implementation of centralized procurement institutions;

 

        (2) to the true, complete, clear procurement requirements planning, financing and infrastructure, etc;

 

        (3) based on centralized purchasing results, within the prescribed time and supplier signed a purchase contract, but shall not be concluded with the supplier departure from the substantial contents of the contract other agreement, seek improper interests;

 

        (4) according to the contract, and the timely completion of payment, installed and subsequent work;

 

        (5) purchase contract was signed, timely to centralized purchasing work institutions to submit the copy of the contract, equipment configuration and performance of the list.

 

        Article 16 the procuratorial agency is refers to the established according to law to engage in bidding agency business and provide the related services social intermediary organizations. Bid invitation agencies in accordance with the relevant state provisions bear corresponding responsibility.

 

        Article 17 suppliers are nails of large medical equipment production enterprise or business enterprise.

 

        Article 18 the suppliers to participate in centralized purchasing activities shall meet the following conditions:

 

        (a) has independently bear civil liability ability;

 

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

 

        (3) is necessary for the performance of the contract equipment, professional technical ability and perfect after-sale service system;

 

        (4) have lawfully pay taxes and social security funds good record.

 

        (5) the centralized purchasing activities in the first 3 years, in business activity without major illegal record.

 

        (6) laws and regulations of other conditions.

 

        Article 19 the supplier shall bear the responsibility and obligation:

 

        (a) comply with the laws and regulations, in accordance with the relevant regulations to accept supplier qualification examination and objective truly reflect the situation;

 

        (2) timely response concentrated procurement agencies, medical institutions, bidding agency proposed and centralized purchasing activities as requirements, and provide relevant materials;

 

        (3) follow the principle of fair competition, and may not take the proper behavior participation centralized purchasing activities;

 

        (4) according to the centralized purchasing result, timely and medical institutions signed purchase contracts and honest supply agreement, and according to the contract implementation of transportation, insurance, installation, maintenance, training and other related affairs; Not in the purchase contract to medical institutions or individuals outside any form rebate.

 

 

 

The fourth chapter purchase way

 

        Article 20 the centralized purchasing in the following ways:

 

        (a) open tender;

 

        (2) invite tender;

 

        (3) competitive negotiation;

 

        (4) a single source procurement;

 

        (5) inquiry;

 

        (6) the provisions of the state of the other purchase way.

 

        Article 21 the centralized purchasing through public bidding shall generally be way.

 

        Article 22 the accord with one of following state, can use invite bidding procurement:

 

        (a) has particularity, only from the limited range of suppliers;

 

        (2) the public bidding mode of the cost of purchasing the large proportion of the total value of the project.

 

        Article 23 the accord with one of following state, can use competitive negotiation of purchasing:

 

        (a) after bidding no suppliers bid or not qualified mark or the tender anew failed to set up;

 

        (2) the technology is complex or special nature, not sure the detailed specification or specific requirements;

 

        (3) the time needed for bidding cannot meet an emergency need;

 

        (4) can't be calculated in advance of the total price.

 

        Article 24 the accord with one of following state, can use a single source mode purchasing:

 

        (a) can only from the only suppliers;

 

        (2) happened unexpected emergency, cannot from other suppliers;

 

        (3) must ensure that the original purchase project consistency or service matching requirements, from the original suppliers need to buy, buy and the total amount of funds not more than the original contract purchase amount of 10%.

 

        Article 25 the purchasing equipment specification, standard unified, spot sufficient supply of goods and the price variation amplitude of small, can use inquiry way purchase.

 

        Article 26 the centralized purchasing take invite bidding, competitive negotiation, single source procurement or inquiry purchase way, shall be reported to leading group for examination and approval, in accordance with relevant state regulations, strict examination and approval program implementation.

 

        Article 27 conform to the relevant provisions of the state, centralized procurement institution has prepare the tender documents and the bid assessment organization ability project, centralized procurement institution can carry out the tender by matters. Must be subject to tender according to law, the centralized purchasing work institutions carry out the tender by matters project, shall be approved by the examination and approval of the leading group for implementation, and report to the relevant departments for the record.

 

        Article 28 the centralized purchasing project belongs to the scope of international bidding the provisions of the state shall, through the international bidding procurement, in the domestic bidding or other ways to avoid international tender. Have definite purchase equipment origin in domestic, can use the domestic bidding ways.

 

 

 

The fifth chapter procuratorial agency to select

 

        Article 29 to select a procuratorial agency shall, according to the open, fair, justice, selecting principles.

 

        Article 30 the tender agency to select, should fully consider agency qualification, performance, credit, social evaluation, professional level, service commitment and service rate etc factors comprehensive evaluation.

 

        Article 31 the office member unit, medical institutions and experts on behalf of the procuratorial agency to select group, is responsible for the bidding agencies to select work.

 

        Article 32 the tendering agency shall meet the following basic conditions:

 

        (a) with independent legal person qualification units;

 

        (2) has the international bidding of mechanical and electrical products proxy class a qualification,

 

        (3) having government procurement agency class a qualification,

 

        (4) has the central investment project bidding agency class a qualification,

 

        (5) according to the specific project requirements must have other conditions.

 

        Article 33 a procuratorial agency shall be selected according to the following procedures:

 

        (a) prepare to select file.

 

        (2) to the candidate a procuratorial agency issued to select invited.

 

        (3) candidate procuratorial agency submitted the application and relevant documents.

 

        (4) candidate procuratorial agency qualification examination. Necessary, can conduct site inspection.

 

        (5) the selection panel of the candidate a procuratorial agency organization field evaluation.

 

        (6) the selection panel of the candidate a procuratorial agency for comprehensive evaluation, make sure to select the results.

 

        (7) according to the selection results, centralized procurement institutions and procuratorial agency conclude and sign an agency agreement.

 

        Article 34 a procuratorial agency in principle, every project a year to select a. To the service behavior standards, service quality is good, one year work not been questioned, complaints of the procuratorial agency, the centralized purchasing work for office agree, can continue for the next year the same item of centralized procurement bidding agency work, but a continuation of the most.

 

        Article 35 the bidding agencies in accordance with the relevant state provisions and entrust agreement the service charge. In addition to the other party in any way for any other expenses.

 

        Article 36 a procuratorial agency undertake with the centralized purchasing all the pertinent working cost. Does not need to participate in bidding agency of centralized purchasing projects, the research work leading group decision cost source.

 

 

 

The sixth chapter centralized purchasing preparation work

 

        Article 37 centralized purchasing work at the beginning of each year shall be based on the ministry of health institutions in a class of large medical equipment allocation planning implementation plan, draw up the centralized purchasing work plan.

 

        Article 38 the same item centralized purchasing equipment, in principle, organizing a every year. According to the work requirements and actual situation, can adjust the number of purchasing.

 

        Article 39 the ministry of health with the examination and approval medical institutions configuration class a large medical equipment within 30 days after, centralized procurement institution jointly with office shall organize to complete the following preparation:

 

        (a) collection, summary and analysis of quasi purchasing equipment market situation at home and abroad, such as information.

 

        (2) inform medical institutions at the provincial level the administrative department of public health, start centralized purchasing work.

 

        (3) organization medical institutions entrusted agreement signed, clear the purchasing requisition and purchase quantity.

 

        (4) the strict demonstration medical institutions purchasing needs of rationality, eliminate the centralized purchasing to open, fair, justice principle of exclusive demand.

 

        (5) summarizing medical institutions purchase demand, financing situation, infrastructure condition and the application for tax exemption of import equipment information. Use of fiscal funds purchase of medical institutions, shall be in accordance with the relevant provisions of the state completed demonstration, approval work.

 

        (6) and potential supplier communication, collection, summary and analysis of product technical parameters and other related information.

 

        (7) organizing experts to product technology parameters are cross argumentation.

 

        Article 40 the preparation work within 20 working days, centralized procurement institution shall formulate centralized purchasing work plans and submit them to the examination and approval before implementation of leading group.

 

 

 

Chapter 7 implementation procedure and requirements

 

        Article 41 the centralized purchasing include the following basic program of work: according to the purchasing project specific conditions and work plan purchase way; Formulate purchase documents; Implement purchasing; Sure clinch a deal results; A purchase contract; Performance acceptance.

 

        Article 42 the centralized purchasing documents shall generally be including technical and business two parts. Prepare technical part by medical organizations put forward technical demand, the centralized purchasing work institution or a procuratorial agency organization experts write. Business part by centralized purchasing work institution or a procuratorial agency responsible for writing.

 

        Article 43 the centralized purchasing through public bidding mode, according to the following program implementation:

 

        (a), in accordance with the provisions of chapter 5, to select a procuratorial agency.

 

        (2) the centralized purchasing working organs and procuratorial agency prepare the tender documents.

 

        (3) expert review of documents of inviting bids, centralized procurement institution confirm.

 

        (4) a procuratorial agency to bidding supervision and administration department for record the tender documents.

 

        (5) a procuratorial agency announcement of tender and selling the tender documents.

 

        (6) centralized purchasing working organs and procuratorial agency accept consultation and questioned, and bid to make correction.

 

        (7) supplier in accordance with the requirements of the tender documents to the tender.

 

        (8) the procuratorial agency organization bid opening, evaluation.

 

        (9) a procuratorial agency will bid assessment report to centralized procurement institutions, centralized purchasing work orgnaization affirms the supplier.

 

        (10) a procuratorial agency issued the announcement.

 

        Article 44 the centralized purchasing take invite bidding procurement, procurement shall meet the corresponding qualifications from the supplier, the choice of more than three suppliers, to send the invitation to bid. The specific procedures in accordance with the provisions of article 43 implementation.

 

        Article 45 the centralized purchasing the competitive negotiation of purchasing, according to the following program implementation:

 

        (a) centralized purchasing documents the agency and staffing negotiations.

 

        (2) sure invited to participate in the negotiation of supplier list.

 

        (3) was founded by members of the office units and experts negotiating teams,

 

        Make negotiation scheme.

 

        (4) negotiations with suppliers group negotiation price.

 

        (5) and make sure the supplier.

 

        Article 46 the centralized purchasing a single source mode of procurement, procurement and supplier shall ensure that procurement project quality and both sides agreed on the basis of reasonable price to purchase. General use of the price negotiation way, in accordance with the implementation of the provisions of article 45.

 

        Article 47 the centralized purchasing inquiry way of purchase, according to the following program implementation:

 

        (a) the agency and staffing centralized purchasing work the inquiry document.

 

        (2) was founded by members of the office units and experts inquiry group. Inquiry group shall purchase the price of the project structure and evaluation criteria, etc to make provisions.

 

        (3) sure the inquiry supplier list. Inquiry group according to the purchasing requisition to its issued notice of inquiry.

 

        (4) inquiry. Be inquiry suppliers a quoted price shall not be changed.

 

        (5) and make sure the supplier.

 

        Article 48 a procuratorial agency according to the evaluation results to supplier and medical institutions a letter of acceptance. Does not need to participate in bidding agency of centralized purchasing projects, the centralized purchasing work mechanism to supplier and medical institutions a letter of acceptance.

 

        Article 49 the purchasing imported equipment, the centralized purchasing agency coordinating national mechanical and electrical products import and export office, assist in the local medical institutions of mechanical and electrical products import and export office to handle formalities of import of mechanical and electronic products.

 

        Article 50 with suppliers of medical institutions in accordance with the centralized purchasing signed the purchase contract.

 

        Article 51 the centralized procurement institutions for medical institutions and supplier performance market situation to carry on the track.

 

        Article 52 the centralized procurement institution in purchasing after the completion of the project summarize the purchasing, to office report.

 

        Article 53 the centralized procurement agencies, medical institutions, bidding agency shall properly keep centralized purchasing project documents and shall not be forged, make up, conceal or destroy. Purchasing file storage life since the date of purchase end not less than 15 years.

 

 

 

Chapter 8 expert management

 

        Article 54 regulate and strengthen centralized purchasing management experts, the expert database maintenance management and experts extraction using separate management system.

 

        The office is responsible for the establishment and management of centralized procurement expert database; Centralized purchasing work

 

        Institutions from the expert database extraction experts to begin the work, and the expert evaluation work.

 

        Article 55 the centralized purchasing expert database experts participate in centralized purchasing documents making, product demonstration, technology assessment, etc. Tender audit, the bid evaluation activities involving experts, in accordance with relevant state regulations, extraction, use and management.

 

        Article 56 the experts into centralized purchasing expert database, need to apply for voluntary and fill in the ministry of health of centralized procurement expert database experts recommend table, by place unit, the local provincial administrative department of health after recommended for office. Audit qualification, into the expert database.

 

        Article 57 the experts should possess the following basic conditions:

 

        (a) with high business level and good professional ethics, objective and fair, honesty and self-discipline, observe law and discipline;

 

        (2) familiar with relevant state of bid invitation and bidding laws, regulations and policy, has the tender evaluation work experience.

 

        (3) have bachelor degree or above, with senior technical titles, and engaged in relevant fields work more than 8 years, can be competent the centralized purchasing work;

 

        (4) familiar with this field technology at home and abroad, the development level and the trend;

 

        (5) the separate identity to centralized purchasing evaluation work, and willing to accept supervision and management;

 

        (6) the body health, can take an active part in centralized purchasing evaluation work, and below age 65 years, in principle;

 

        (7) without discipline violations and other bad record.

 

        Article 58 the experts in the centralized purchasing work, enjoy the right to:

 

        (a) on the centralized purchasing work system and related situation's right to know,

 

        (2) according to the centralized purchasing documents according to the standards and methods of demonstration, evaluation, the author puts forward some Suggestions, comments, not by any unit or individual intervention;

 

        (3) to obtain corresponding in accordance with the relevant provisions of the labor reward;

 

        (4) to relevant supervision department assessment activities reflect the found in illegal behavior;

 

        (5) laws and regulations of other rights.

 

        Article 59 the experts in the centralized purchasing work, take the following obligation:

 

        (a) arrive at assessment activities, objective and fair evaluation and examination;

 

        (2) strictly abide by the evaluation work discipline, shall not have private contact participate in the centralized purchasing suppliers, must not reveal to the outside review, shall not take centralized purchasing work stakeholder wealth;

 

        (3) actively assist and cooperate with the supervision and inspection of the supervision department, found that the supplier in the centralized purchasing activities of unfair competition or malicious in collusion with violations, etc, it shall timely to the centralized purchasing of supervision over the work of the department or organizers report and put a stop to it;

 

        (4) have legal avoidance circumstances, it shall be offered avoided;

 

        (5) comply with the centralized purchasing work agency to develop staff code;

 

        (6) laws and regulations of other obligations.

 

        Article 60 the establish and perfect the supervision and evaluation expert system and exit mechanism. Not fair, honesty and perform their duties of experts shall timely cancel the qualification and clear from the expert database.

 

 

 

Chapter 9 questions and complaints

 

        Article sixty-one suppliers of centralized purchasing related matters have doubt, can to centralized purchasing work raise questions. Centralized procurement institutions shall timely make answer, but answer not content in business secret.

 

        Article sixty-two supplier think centralized purchasing documents, procurement process or clinch a deal the results make their legal rights and interests are harmed can be in knew or should have known that its rights and interests are harmed within 7 workdays in writing to the centralized procurement institutions questioned.

 

        Article sixty-three centralized purchasing work institution shall, after receiving the written question within seven working days in writing reply, but answer not content in business secret.

 

        Article sixty-four the supplier may apply to the procuratorial agency raise questions or questioned. Procuratorial agency shall, in accordance with the provisions of the relevant laws and regulations, centralized purchasing work institution designated by the entrusted matters within the scope authorized by the reply.

 

        Article sixty-five questioned suppliers to centralized purchasing work mechanism, bidding agency reply is not satisfactory, or not within the prescribed time received centralized purchasing work answer, can be in a reply within 15 working days after the expiration of the office complaints.

 

        Article sixty-six office shall, when receiving a complaint within 30 days after, the decision to deal with complaints items, and in a written form and inform complaints with the complaint matters related parties.

 

        Article sixty-seven the complainant to disagree with the decision made by the complaint or fails to receive the decision, it may apply for administrative reconsideration or bring an administrative lawsuit to the people's court.

 

 

 

Chapter ten supervision and inspection

 

        Article sixty-eight in accordance with the common supervision office, accrual consistent principle to perform the centralized purchasing work daily supervision and centralized purchasing activities of the whole supervision.

 

        Article sixty-nine the main content of daily supervision shall include:

 

        (a) the relevant laws, regulations and rules and regulations implementation;

 

        (2) the purchasing information public;

 

        (3) purchasing system construction;

 

        (4) the internal supervision mechanism and system of job responsibility construction;

 

        (5) laws and regulations in other circumstances.

 

        Article seventy the supervision of the main contents should include:

 

        (a) a procuratorial agency to select;

 

        (2) working scheme implementation;

 

        (3) for centralized purchasing documents and reasoning;

 

        (4) bidding, inquiry, negotiation;

 

        (5) procurement contract conclusion, performance and money pay a circumstance;

 

        (6) the parties ask and questioned treatment;

 

        (7) laws and regulations in other circumstances.

 

        Article seventy-one centralized purchasing work for medical institutions to participate in centralized purchasing activities and implement centralized purchasing, supervise and inspect the implementation of the results.

 

        Article seventy-two centralized purchasing work institutions should strengthen the supervision and inspection of the procuratorial agency. Procuratorial agency in violation of the relevant laws and regulations, or not completed the entrusted agreement requirements, the centralized purchasing work on the serious degree may terminate the bidding agency authority. Serious losses, the tendering agency shall bear the liability for compensation according to law.

 

        Article seventy-three to exist in the following circumstances of enterprise, establish a bad record: purchasing process providing false documents; Deliberately drive up prices or malicious depress prices; After winning the bid without warrant refused to sign a contract; Supply equipment quality substandard; For a bribe or disguised bribes; Violation of large medical equipment configuration management relevant requirements, to not get large medical equipment allocation licensing sales of medical institutions of large medical equipment; Centralized purchasing in violation of the relevant requirements, the medical institution shall be practiced to sales centralized purchasing of large medical equipment.

 

        Article seventy-four the does not participate in the centralized procurement or without warrant refused to carry out the centralized purchasing of medical institutions, the office national criticized and cancel the corresponding large medical equipment allocation license.

 

        Article seventy-five according to the centralized purchasing office work needs, can timely to entrust the third party institution, the centralized purchasing work implementation for external evaluation.

 

 

 

Chapter 11 supplementary provisions

 

        Article seventy-six the standard by the ministry of public health shall be responsible for the interpretation.

 

        Article seventy-seven the standard issued by the.