These Measures shall apply to the supervision and management of centralized bidding and procurement of medicines for medical institutions.
The medical institutions referred to in these Measures are: non-profit medical institutions organized by the people's governments of counties and above, state-owned enterprises (including state-controlled enterprises) and others. Supervisory organs and corrective action agencies perform the following duties in accordance with the Administrative Supervision Law and other relevant laws and regulations:
(1) to formulate supervision and management methods for centralized bidding and procurement of medicines in conjunction with relevant departments, and to coordinate supervision and management of centralized bidding and procurement of medicines by the relevant departments;
(2) to receive denunciations and complaints concerning centralized bidding and procurement of medicines;
(3) to be responsible for the supervision and management of (c) Supervising the performance of duties and the implementation of laws, regulations and policies in centralized bidding and procurement of medicines by the relevant government departments and their staff, as well as other personnel appointed by the state administrative organs, and investigating and punishing, in accordance with the law, their inaction, violation of administrative and law enforcement rules, harbouring and conniving at and participating in unlawful activities, violation of the law in intervening in or participating in the process of centralized bidding and procurement of medicines and in seeking the interests of the units and individuals, as well as their embezzlement and acceptance of bribes. A Supervision Decision shall be made or a Supervision Recommendation shall be made to the relevant department in accordance with the law; if it constitutes a crime, it shall be transferred to the judicial authorities. Medical institutions have one of the following acts, by the health (traditional Chinese medicine) administrative departments in accordance with the centralized bidding and procurement of drugs and other relevant provisions: depending on the circumstances, criticism, notification of criticism; the circumstances are serious, the leaders and responsible persons to give sanctions.
(i) not participating in the centralized bidding and procurement of medicines in accordance with the regulations, not carrying out centralized bidding and procurement of medicines according to the specified varieties of medicines, or circumventing the centralized bidding and procurement of medicines in any other way;
(ii) unauthorized alteration of the results of the winning bid after the issuance of the winning notice;
(iii) after the issuance of the winning notice, without justified reasons, not being timely, not being true or refusing to Signing the contract. Medical institutions have one of the following behaviors, by the administration for industry and commerce in accordance with the relevant provisions.
(i) disclosing to others the names and quantities of potential bidders who have obtained the bidding documents or other circumstances concerning the bidding and tendering that may affect fair competition, infringing on the commercial secrets of others;
(ii) purchasing the winning drugs from other than the purchasing channels stipulated in the purchase and sale contract or unauthorized purchasing of non-winning drugs in lieu of the winning drugs;
(iii) failing to comply with the requirements for signing the drug purchase and sale contract with the (C) not signing the drug purchase and sale contract with the winning bidder in accordance with the requirements of the regulations, or entering into other agreements with the winning bidder after the signing of the drug purchase and sale contract that deviate from the substantive content of the contract. The lead unit of the centralized bidding and purchasing agency for medicines jointly formed by medical institutions shall be dealt with by the competent price department in accordance with the relevant provisions if it engages in any of the following acts.
(a) not in accordance with the provisions of the timely price to the competent price department for the record of the price of the winning drug;
(b) not to implement the state regulations on centralized bidding and procurement of medicines charges, self-established projects, self-setting standards indiscriminate charges. Drug manufacturers and wholesalers have one of the following behaviors, by the competent price department or the administration for industry and commerce in accordance with the relevant provisions.
(a) colluding with each other or with the agency and the purchaser to bid, offer, exclude the fair competition of other drug suppliers, to the detriment of the purchaser or the legitimate interests of other drug suppliers;
(b) taking the opportunity of the joint bidding to collude with each other to raise the price, manipulate the bidding price, or engage in price monopoly. Drug manufacturers and wholesalers have one of the following behaviors, the winning bid is invalid. And by the administration for industry and commerce in accordance with the relevant provisions.
(1) seeking to win the bid by means of bribing the bidder, the agency, experts, government officials and other relevant persons;
(2) bidding in the name of another person or otherwise falsifying the bidding to obtain the winning bid by deception. Drug manufacturers and wholesalers in the bidding validity period after the opening of the bid to withdraw the bid or have violations, to be in the bid evaluation process, as appropriate, to deduct their credibility points; there are serious violations of the law, the cancellation of this bidding qualification. Has won the bid, the bid is invalid, and medical institutions around the centralized bidding procurement of drugs within two years will not accept the enterprise's bid.
Pharmaceutical manufacturers and wholesalers that do not sign a drug purchase and sales contract within the specified period or do not fulfill their contractual obligations after winning the bid will be specially recorded and announced by the relevant departments, and their credibility points will be deducted as appropriate from the bidding evaluation of future pharmaceutical bids. Drug bidding agency has one of the following behaviors, by the health administrative department and drug supervision and management department in accordance with the relevant provisions.
(1) failing to review the various supporting documents to be submitted by the bidders and failing to ensure that the documents are complete;
(2) violating the centralized bidding and purchasing procedures for medicines and the work norms;
(3) failing to provide the filing information in accordance with the provisions of the relevant departments. Drug bidding agency has one of the following behaviors, by the health administrative department, drug supervision and management department and the administration for industry and commerce in accordance with the relevant provisions.
(a) alteration, transfer of its qualification certificate;
(b) accepting the commission of the unit without the "license to practice in medical institutions" and acting as an agent of the drug bidding business, or accepting the commission of the medical institutions, and the unit without the "Drug Manufacturing License", "Drug License" for drug bidding agency activities;
(c) use of bribes and other improper means To obtain drug bidding agency and other illegal benefits. Drug bidding agency has one of the following behaviors, by the administration for industry and commerce in accordance with the relevant provisions, or by the administrative department of health and drug supervision and management departments in accordance with the relevant provisions.
(1) restricting or excluding potential bidders with unreasonable conditions, applying discriminatory treatment to potential bidders, and restricting open, fair and just competition among bidders;
(2) colluding with purchasers and suppliers to make false statements, harming the lawful rights and interests of other people, or disclosing the commercial secrets of the bidders and the secrets of the bid evaluation process, and disclosing the information and data that should be kept confidential in connection with the bidding and tendering activities. circumstances and information that may affect the fairness of the bidding. If a member of the bid evaluation committee has one of the following behaviors, his/her qualification as a member of the bid evaluation committee shall be canceled, and shall be dealt with by the administrative department for industry and commerce, the administrative department for health and the drug supervision and management department in accordance with the relevant provisions respectively.
(1) contacting bidders in private, accepting visits, gifts and banquets financed by drug manufacturers and wholesalers that may impede impartiality, and soliciting or accepting money, goods or other benefits from drug manufacturers and wholesalers;
(2) taking advantage of their positions to seek private benefits for their spouses, children and relatives;
(3) divulging commercial secrets related to centralized bidding for the purchase of drugs by medical institutions (c) Disclosure of commercial secrets related to the centralized bidding and procurement of medicines for medical institutions. Bid evaluation committee members of one of the following behaviors, cancel its bid evaluation committee member qualifications, and by the health administrative department and drug supervision and management department in accordance with the relevant provisions.
(a) engaged in pharmaceutical production, wholesale activities or part-time remuneration;
(b) engaged in paid intermediary activities involving the centralized bidding and procurement of medicines for medical institutions;
(c) there are other behaviors detrimental to the impartiality of the centralized bidding and procurement of medicines. These measures shall come into force on the date of publication.