Guangzhou “annulment case” Xiang Jie

Guangzhou City Bureau of Finance Director of Procurement Liu also said that the Finance Bureau of the Guangzhou Panyu Property Office is maintained as the ruling been accused, they feel not complete

Continued for nearly a year in marathon challenge
, Review and verify the group composed of different experts, “retrial” arraigned later, as the first successful candidate Gree
Air conditioning
Was received as a government procurement supervisory authority to maintain, Guangzhou, Panyu District Finance Bureau of Finance, “Geli bid documents does not meet the terms of tender documents requested” a written decision on administrative reconsideration decision. This means that, Gree risk of being completely “annulment” of the outcome.

It was originally a simple government procurement, through expert assessment to 1707.2997 million offer to become Central Hospital of Panyu, “inverter multi-patient floor, air conditioning and installation,” the first successful procurement Gree air-conditioning in the evaluation of candidates Standard results are confirmed, they unexpectedly encountered the purchaser Panyu Central Hospital refused. Guangzhou municipal government procurement centers in the subsequent organization of the original class experts in troops a “review”, the experts have chosen to offer the highest, higher than the offer of 400 million Gree suppliers
Petrochemical, and received the purchaser confirmation of Panyu Central Hospital.

2009 10 12, Guangzhou, Gree air-conditioning
Company Guangzhou City Finance Bureau to court demanding that it revoke the decision of administrative reconsideration and re-specific administrative act.
Property Office of Guangzhou as the defendant

“The past is always sympathetic to vulnerable groups of SMEs, call our purchasing department at all levels of government should make every effort to accept they are. May I never thought, Gree this very competitive, world-class reputation world-renowned Chinese and foreign brands, but also in government procurement ‘competition’ inexplicable defeat in the face. “talking about the case, Gree attorney law firm in Beijing, director Gu Hai Liao Liao quite feeling the sea.

Valley Liao Hai, featuring his “first case of the Chinese Government Procurement” (Beijing Modern Wall Trade Co., Ltd. sued the Ministry of Finance is not as) a plaintiff attorney, has defeated the highest authority as the government procurement of financial Department. This time, his opponent is the Guangzhou Bureau of Finance.

Valley Liao Hai said the reason for the financial bureau of Guangzhou as a defendant because the administrative regulations of the foregoing from the known, Gree company purchasing center in Guangzhou city government questioned satisfied with the reply made the complaint, “peer” financial departments of the Guangzhou Municipal Bureau of Finance; and according to China’s “Government Procurement Act,” the 55th article, for the centralized procurement agency replies to queries are not satisfied, you can reply within fifteen days after the expiry of government procurement at the same level supervision and management of complaints; it Panyu District, Guangzhou City Finance Office shall refer the case to the complaint the Financial Services Bureau in Guangzhou, but not without a legal basis for the regulation under the ultra vires; Guangzhou Property Office knowing the provisions of laws and administrative regulations are not law Administration, Finance Bureau, Guangzhou, is the proper defendant in the case.

Guangzhou City Bureau of Purchasing Director of Finance Liu also said that the Finance Bureau of the Guangzhou Panyu Property Office is maintained as the ruling been accused, they feel was not complete, but since the court into custody, Guangzhou Property Office will actively be v..

Three times on the “will” create the “annulment door”

Liao-hai in the valley, Gree “annulment case” the most important feature is the purchasing department can purchase at different times on the same subject, apply the same procurement procedures for tendering, bid evaluation committee set up many times, many successful supply recommended business, “not elected to make himself ‘satisfied’ and suppliers dogged.”

“This is the tender document does not predetermined, there is no statutory basis, is typical to raise procurement standards, and by improper means to squeeze out other suppliers of black-box operation behavior.” Liao Hai Gu question, “” Government Procurement Law “The main purpose is to put restrictions on the discretion of the purchaser, in the end to the purchaser who provides such discretion?”

2008 11 4, Central Hospital in Panyu, “inverter multi-patient floor, air conditioning and installation of” procurement project bidding, Gree air-conditioning Sales Co., Ltd. Guangzhou 1707.2997 million tender offer was recommended by a evaluation committee The first successful candidates.

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