Parties to centralized bidding and procurement of medicines
Article 7 The parties to centralized bidding and procurement of medicines for medical institutions refer to the various types of subjects enjoying the rights and assuming the obligations in the centralized bidding and procurement of medicines for medical institutions, including the bidder, the tenderer, and the agent for bidding of medicines.
Article 8 The bidder refers to the medical institutions participating in the centralized bidding and purchasing activities of medicines.
Article 9 The bidder may participate in the centralized bidding and purchasing activities organized by the administrative department of health by administrative district, or may independently choose the centralized bidding and purchasing activities across departments and administrative districts.
Article X. All centralized bidding and purchasing activities shall be based on the consensus of the bidders to set up a centralized bidding and purchasing leading agency responsible for the organization and management of centralized bidding and purchasing activities and operational decision-making.
Article 11 Bidders participate in centralized bidding and procurement activities, mainly to perform the following duties:
(1) jointly form the agency or *** with the commissioning of drug bidding agency to carry out centralized bidding and procurement activities;
(2) provide the agency with the true information on the history of procurement of medicines;
(3) according to the local health administrative department to determine the (d) determine the bidding documents, bid evaluation standards and methods, and decide on the principles, methods and working procedures for the composition of the bid evaluation committee;
(e) confirm the winning varieties of bids, and directly or entrust the bidding agency to sign the drug purchase and sale contract with the successful bidder;
(f) accept and receive the drugs and settle the payment according to the drug purchase and sale contract. Contract acceptance of medicines, settlement of payments, to ensure the fulfillment of the purchase and sale contract in the unit;
(vii) other duties specified by the health administrative department.
Article 12 Medical institutions in the centralized bidding and purchasing activities of drugs shall not have the following behaviors:
(1) not to participate in the centralized bidding and purchasing activities of drugs that should be participated in; should be open bidding and purchasing of varieties without public bidding or in any other way to circumvent the centralized bidding and purchasing activities;
(2) to disclose to others have obtained the bidding documents of the potential (ii) disclosing to others the names and quantities of potential bidders who have obtained the bidding documents, or other information relating to bidding, bid evaluation, and bid determination that may affect fair competition;
(iii) providing false information on the history of drug procurement;
(iv) changing the winning bid results without authorization after the issuance of the notice of winning bid;
(v) failing to sign a contract of purchase and sale of medicines with the winning bidder in accordance with the prescribed requirements;
(vi) failing to procure the winning medicines in accordance with the contract of purchase and sale;
(vi) failing to sign a contract of purchase and sale with the winning bidder in accordance with the prescribed requirements; and Purchase and sale contract for the procurement of the winning drug, unauthorized procurement of non-winning drugs to replace the winning drug, not timely settlement of payments or other non-performance of contractual obligations;
(vii) after the signing of the contract for the purchase and sale of medicines, and then with the winning bidder to enter into other agreements deviating from the substantive content of the contract, to make other improper interests;
(viii) not to carry out the price of the winning drug temporary retail prices and relevant centralized bidding and procurement set by the competent authorities. retail price and the price and fee regulations on centralized bidding and procurement;
(ix) failure to report to the administrative department of health in accordance with the provisions of the centralized bidding and procurement performance statement;
(x) other violations of laws and regulations.
Article XIII of the centralized bidding and purchasing of medicines with the city (prefecture) as the smallest organizational unit. Medical institutions organized by the people's government at the county level to participate in the centralized bidding and purchasing activities organized by the province or city (prefecture). The centralized bidding and purchasing activities organized by the province or city (prefecture) shall give full consideration to the characteristics of the medicines used by county-level medical institutions.
Article 14 Bidders shall, in principle, jointly conduct centralized bidding and purchasing of medicines. Requirements for independent bidding and procurement of a single bidder, the city (prefecture) above the health administrative department shall prepare the bidding documents, the organization of bid evaluation capacity for qualification. Without qualification, shall not independently carry out bidding and procurement.
Article XV of the bidder is to provide the bidder with drugs to the drug manufacturers and drug wholesalers.
Article 16 A bidder participating in centralized bidding and purchasing activities for drugs shall have the following conditions:
(1) obtaining a Drug Manufacturing License or a Drug Operation License in accordance with law;
(2) having a good business reputation;
(3) having the ability to guarantee the supply of drugs that must be available to fulfill the contract;
(4) participating in the centralized bidding and purchasing activities within the previous two years, there is no record of serious violations of law in business activities;
(v) other conditions stipulated by laws and regulations;
(vi) the bidder may stipulate specific conditions for the bidders in accordance with the special requirements of the drug purchasing activities, but shall not apply differential or discriminatory treatment to the bidders on the basis of unreasonable conditions.
Article 17 Bidders shall not engage in the following behaviors in the centralized bidding and procurement activities for medicines:
(i) offering prescription rebates or other commercial bribes, and engaging in unlawful promotional activities;
(ii) disrupting the market order by bidding for quotations at below-cost prices;
(iii) colluding with each other in bidding for quotations to exclude the fair competition of other bidders, and harming the legitimate interests of the bidder or other bidders;
(iv) obtaining the winning bid by means of bribing the bidder, bidding agent or bid evaluation expert;
(v) providing false supporting documents or otherwise falsifying the bid to win the bid;
(vi) withdrawing its bid within the bid validity period after the bid opening, and the winning bidder not signing the Drug Purchase and Sale Contract or fails to fulfill the contractual obligations;
(vii) Malicious bidding behavior or other behaviors that cause serious adverse effects on the centralized bidding and purchasing of medicines;
(viii) Other behaviors in violation of laws and regulations.
Article 18 The bidder must provide its legal production or agent of the drugs, and can be in accordance with the brand, origin, quality, price, expiration date of the drug purchase and sale contract for timely delivery.
Article 19 The drug manufacturer as a bidder, its bidding varieties can be directly distributed by the manufacturer, can also be entrusted to the drug wholesalers or other logistics enterprises agency distribution.
Article 20 of the agency refers to the bidder jointly organized by the centralized bidding and procurement office, or the bidder *** with the commissioned drug bidding agency.
Article 21 of the drug bidding agency refers to the drug supervision and management department in conjunction with the health administrative department identified, obtain the intermediary agency qualification certificate of social intermediary organizations, within the scope of the bidder entrusted to deal with centralized bidding and procurement matters. Drug bidding agency to perform the following duties:
(a) the preparation of bidding documents, bid evaluation standards and methods of the draft, to the bidder for approval;
(b) the preparation of the list of drug demand, clear bidder has been included in the procurement plan for the purchase of the number of drugs and to the bidder to confirm;
(c) bidding to the bidder to confirm the procurement method, bid evaluation standards and methods;
(c) to the bidder to confirm the procurement method, evaluation standards and methods;
(d) to the bidder to confirm the procurement method, evaluation standards and methods. p>
(iv) publish a tender notice, put on sale tender documents, and respond in writing to clarification requests made by bidders;
(v) review various supporting documents submitted by bidders to ensure that the documents are complete;
(vi) organize the opening of bids and evaluation of bids, and report truthfully to the bidders on the winning candidate varieties as decided by the bid evaluation committee;
(vii) issue a successful bidding Notice, the organization of the bidder or based on the bidder's commission with the winning enterprise signed a contract for the purchase and sale of medicines;
(viii) to the health administrative department to submit a written report on the evaluation of bids, the winning price will be reported to the competent departments of the price for the record, and to the bidder to publicize the results of centralized bidding for the evaluation and determination of the procurement;
(ix) the preparation of the centralized bidding for the procurement of health care institutions bidding for the procurement of medicine purchasing manual;
(j) other duties assigned by laws and regulations and other matters entrusted by the bidder.
Article 22 The drug bidding agency shall not be directly engaged in drug production and operation activities, shall not be affiliated with the administrative organs or other economic interests, shall not be bribed to the purchaser for bidding agency and other illegal interests, and shall not accept the bidding of bidders with whom it has property rights.
Article 23 The agency shall strictly implement the provisions on the management of fees and charges for centralized bidding and procurement of medicines issued by the competent price department, and shall not charge the bidders without authorization by breaking through the prescribed items and standards.
Article 24 The bidding intermediary service fee charged by the bidding agency in accordance with the standards stipulated by the competent price department shall be paid by the bidder when signing the contract for the purchase and sale of medicines with the bidder. The bidding intermediary service fee shall be calculated on the basis of the quantity purchased under the contract.