Lianyungang, Jiangsu ** Consumables tender is directed to 30% rebate

Recently, the reporter received a complaint about the "What rules are complied with in the bidding for Lianyungang's First House". Materials pointing to the First People's Hospital of Lianyungang violated the regulations of the Ministry of Health and the Department of Health of Jiangsu Province, and independently conducted bidding and purchasing of medical consumables, and allowed suppliers to return consumables or cash for sales of 10% to 30% of the product amount as rebates. In addition, we have also engaged in black-box operation in the tender procurement, letting some unqualified small companies get into trouble.

What is the situation? The reporter rushed to Lianyungang for investigation. The hospital said that there was no such thing as a “rebate” and that it would investigate whether there were companies involved in falsification. At the same time, the hospital also argued that the bidding stated on the complaint material was in fact a selection of fixed-point distribution (supply) firms. Some lawyers believe that the hospital had previously issued a tender notice and attached a full set of tender documents. Although the hospital claimed that the activity was a selection, it was in essence a tendering activity. The move was suspected of violating relevant state regulations.

Can not understand the selection of "weak companies into the company out of strength, but people do not understand."

On November 18th, the First People's Hospital of Lianyungang held a "2011 medical consumables distribution (supply) business selection" campaign. As the person in charge of the general consumables distribution company of the First People's Hospital of Lianyungang, Zhang Gang (a pseudonym) has always been uneasy. Because it is still unknown whether his company can be selected. After the election, the results will be announced soon. Zhang Gang noted that in the review results announced by the hospital: Orthopaedic supplies identified four suppliers, heart and blood vessels involved in the determination of two suppliers, testing reagents identified six suppliers, other general medical supplies identified 10 The supplier, special plane has identified 5 suppliers.

Zhang Gang is more concerned about the list of short-listed companies for general medical consumables. According to the information published on the hospital's official website, the top 10 suppliers are Lianyungang Kangyuan Pharmaceutical Commerce Co., Ltd. and Jiangsu Shenghong Science and Technology Development Co., Ltd. and other 10 suppliers.

Zhang Gang’s company is not in the list. Prior to this, Zhang Gang had worked with Lianyungang First People’s Hospital for many years and the annual business volume was several million dollars. Zhang Gang said that when he saw this list, his head was suddenly covered! However, in the subsequent investigation, Zhang Gang discovered that among the suppliers announced this time, except for a few state-owned enterprises, some small companies were suspected of producing fake bids to defraud the judges.

Zhang Gang, for example, said that the top two suppliers for cardiac and vascular interventions are a limited company in Jiangsu Province and a company in Lianyungang. In addition, Beijing Maidike Medical Devices Co., Ltd. and Nanjing Limao Technology Co., Ltd. are strong and experienced in heart and blood vessel intervention. The two companies have had a good relationship of cooperation with the First Affiliated Hospital of Lianyungang for many years. They have supplied seven or eight million yuan of medical equipment every year for 67 consecutive years and have not experienced any major safety accidents. This time they have both lost their lives. Falling glasses. What about the strength of the two selected companies? “The former’s business area is only over 100 square meters, and the company has only a few employees. Sales in the orthopaedics and heart areas have little experience and service capabilities; the latter was established in 2003, and its business area is only 40 square meters, and it says its own in the tenders. There are more than 200 square meters of business area."

Wang Mingguang (a pseudonym) as a general consumables supplier in Lianyungang, his focus is also on the top ten suppliers of general consumables: “of the top 10 suppliers, 8 are local to Lianyungang, except for Lianyungang. The three companies of Yuanyuan Pharmaceutical Commercial Co., Ltd., Jiangsu Suyun Medical Equipment Co., Ltd. and Shandong Weigao Medical Polymer Products Co., Ltd. have strong strength, but many other companies are hard to convince, such as a company in Lianyungang, only There are almost no consumables for professional reagents, but such companies are short-listed, and they stand out from more than 170 companies. Is there any insider trading? For example, a company in Shanghai has already cooperated with the First People's Hospital of Lianyungang. Seven or eight years ago, this time it was defeated and replaced by a company in Lianyungang. This company started its orthopaedics in December 2009. For such companies to supply, how can patients' safety be guaranteed?” said Wang Mingguang, This so-called selection can be described as a heavy fog. The CEO of a company told reporters bluntly: “The principle of fairness, fairness, and openness is not reflected in this so-called selection process. Weak and small companies have entered, and powerful companies have been eliminated, and people do not understand.”

On the eve of the tender to be reported on the eve of the bid, the tender was suddenly renamed as the selection review meeting, and the deposit was also withdrawn because some people reported it to the Jiangsu Provincial Commission for Discipline Inspection.

After the review results were announced, the First People's Hospital of Lianyungang City also announced the telephone number of the supervision office of the hospital on the official website. The publicity period was three working days. Wang Mingguang said: “We wanted to call the past to reflect the problems that existed in the selection process. However, we did not dare to make this call again and again!” Zhang Gang also held a similar view: “This year he did not give me, we also If you look down on your face next year, it will be no good for us!” Due to a lot of concerns, Zhang Gang and Wang Mingguang repeatedly asked reporters to keep their personal information confidential. “We wanted to reflect the problems that existed, but we did not want to expose ourselves!” In fact, as early as the eve of the selection meeting, some people reported to the Jiangsu Provincial Commission for Discipline Inspection. The report stated that the First People's Hospital of Lianyungang was in flagrant violation of the Ministry of Health. The documents of the Provincial Department of Health stipulated that avoiding centralized procurement and holding bid invitations without authorization.

According to investigation by the reporter, from October 22 to 29 this year, Zhang Gang, Wang Mingguang and others received tenders from the First People's Hospital of Lianyungang. The hospital said that it would conduct centralized bidding and procurement of medical consumables in 2011. The material entitled "Catalogue of centralized bidding procurement documents for medical consumables of the First People's Hospital of Lianyungang City" consists of 22 pages and is divided into 6 parts. They are: Announcement of Bidding and Procurement of Medical Consumables, Bidding Instructions for Tendering and Purchase of Medical Consumables, Requirements List for Medical Consumables of the First People's Hospital of Lianyungang City, Filling-in Form Requirements, Brands and Explanations for Purchase of High Value Consumables for Orthopaedics and Cardiology, and Centralized Procurement of Medical Consumables Distribution ( Supply) contract, etc.

The reporter noticed that the material has set a threshold for bid suppliers: they must have the qualifications of an independent legal person for medical device production (operating) and their agency qualifications, registered capital of not less than 1 million yuan, and the volume of business with the municipal hospital is not low. According to the following standards (according to the actual data processing by the hospital): Respectively test the reagent bid: no less than 100,000 yuan in 2009 and no less than 50,000 yuan in the first half of 2010. Ophthalmology and stomatology consumables bid alone: ​​The Institute's centralized tendering and purchasing office will formulate business volume standards separately. Other tenders: No less than RMB 500,000 in 2009 and no less than RMB 300,000 in the first half of 2010. The orthopaedics and cardiology tendering companies must select suppliers in March 2010 for the hospital; otherwise, they may not participate in bids for orthopaedics and cardiology consumables; in 2010, Lianyungang City’s consignments for consumables are selected as the successful bidders.

According to the materials, the time for tender submission is indeed from October 22 to October 29, 2010. The deadline for submission of bids is 5:00 pm on November 15, 2010. The written bidding site is the Medical Equipment Department of the First People's Hospital of Lianyungang City, opening time It is at 8:30 on November 18, 2010. According to reports, the tender is divided into five categories, and the price of each type of bid is 300 yuan. In addition, the contents of bidders’ bids should also be required: company profiles, company medical device registration certificates, production (operating) licenses, and legal person certificate.

Zhang Gang told reporters that according to the requirements, each bidding company must pay a deposit of 200,000 yuan to the hospital. If a separate reagent, oral, and ophthalmic consumables are to be labeled separately, a bid security of 100,000 yuan will be required. But on the eve of the opening of the bid, things suddenly changed. On November 17, Wang Mingguang said that he had received a notice from the First People's Hospital of Lianyungang City. The hospital said that some circumstances needed to be changed. “Before the tender was renamed, it is now called the 2011 medical consumables fixed-point delivery (supply) business selection evaluation. The 200,000 yuan deposit and the bid fee were subsequently refunded.”

This detail was confirmed by a number of suppliers of medical consumables in the investigation of the reporter. A supplier in Nanjing said: “The deposit is indeed gone, but we don’t know exactly why!” Wang Mingguang said. “We later learned that during this time, someone reported to the Jiangsu Provincial Commission for Discipline Inspection that the first people in Lianyungang The hospital violated the tender."

The range of voluntary Rangli suppliers to the hospital's "voluntary dividends" is between 10% and 30%. If they don't allow profit, they may go out.

Wang Mingguang said that although the telephone notice on November 17 changed the "bidding" to "selection," it was actually inviting tenders, only changing the name. “Some companies have participated in several bidding sessions. As far as I know, the total amount of the deposit plus the bid has returned a total of 7.46 million yuan to the supplier.”

Wang Mingguang said that in the past during the cooperation with the First People's Hospital of Lianyungang, there was indeed a question of “voluntary” concessions. "For example, in 2008, I sold the general supplies worth 3 million yuan to the hospital. I also issued an invoice of 3 million yuan to the hospital. However, only 2.7 million yuan was actually paid to me by the hospital, and 10 percent of it was taken as a hospital deduction. When it fell, the company's accountant called the hospital to ask. The hospital replied that it was called Rangli."

"My company's accounts and the hospital's accounts are not on the number. I have read the accounts of the hospital's financial affairs. As for some of the detained funds, it is shown as 'death accounting'." Wang Mingguang said that this is the so-called potential in the industry. rule. According to my understanding, the supplier's “voluntary bonus” for the hospital is between 10% and 30%. In general, the general consumables are 10%; for example, the consumables for orthopedics and cardiology are profitable because of their large profits, which is generally 30% of the invoice amount.

Medical consumables are now centrally purchased by the relevant departments of the Ministry of Health and the Provincial Health Department. The purchase price of hospitals should also be determined by the Ministry of Health and the Provincial Department of Health. How can the supplier be willing to make a profit on this price? In the face of reporters' questions, Wang Mingguang said that now there are more than 170 companies engaged in medical consumables in the First People's Hospital of Lianyungang. Almost every family has several brands in hand and the competition is fierce. As a supplier, profit margins can still be achieved even if there are certain benefits. In particular, consumables for orthopaedics are more profitable. If they do not benefit, they may be eliminated.

After benefiting, although the supplier may have a negative benefit, can the patient benefit? Wang Mingguang said: “It is impossible for patients to receive benefits. Although we have given the hospital no benefits, the hospital still sells consumables to patients in accordance with the provincial government’s published bid price. That part of the concessions has actually become the bag of the hospital. Things! To put it plainly, it is the second bargaining."

According to the official website of the First People's Hospital of Lianyungang, the three focal points show that the hospital was built in October 1951. Radiation population of more than 700 million. The total assets of 700 million yuan. The annual treatment and treatment totaled 850,000 people, with 37,000 person-time hospital discharges and an annual total income of 560 million yuan. Now it has developed into a three-level general hospital with the largest scale in the east of Xuhuai, integrating medical treatment, teaching, scientific research, prevention, health care, rehabilitation, and first aid. “In order to standardize the procurement and management of various materials, especially from the point of view of the procedure, the specific thing in this regard is indeed my responsibility. The hospital has not set up a department such as the tender office.” On the morning of December 17, Lianyungang Li Chong, the director of the financial department of a hospital, accepted an interview with the reporter and responded to the relevant focus issues mentioned in the report materials.

1 is the tender or selection?

Report: Lianyungang First Court conducted a second bargaining and bidding on the consumables of the successful bidder in Jiangsu Province, and tendered and selected the distributors for supply by themselves. This is in flagrant violation of the state policy.

Response: We have selected distribution (supply) companies to select companies with strong capabilities, strong anti-risk capabilities, and strong distribution capabilities. The tenders that are just starting to issue are also selected.

According to reports, the Ministry of Health issued the “Regulation of the Ministry of Health on Further Strengthening the Centralized Purchasing of Medical Devices” issued by the Ministry of Health on June 21, 2007, stipulating that medical devices (including medical equipment and medical consumables) shall be implemented. The way of centralized procurement. Centralized procurement is based on localized management principles. It is led by the government, divided into three levels: the central government, provinces, and prefectures and municipalities. All non-profit medical institutions organized by governments, industries, and state-owned enterprises at all levels should participate in the centralized procurement of medical devices. No medical institution may evade centralized procurement. In 2008, the Department of Health of Jiangsu Province issued the "Circular on the Implementation of Online Concentrated Procurement of Some Medical Consumables of Medical Institutions in the Province." The notice said that according to relevant state regulations, the Department of Health plans to implement centralized procurement of some medical consumables on a provincial basis. The notice said that the Ministry of Health will carry out centralized procurement of six types of medical consumables, including general surgery, cardiothoracic surgery, brain surgery, ophthalmology, blood purification, and anesthesia, and no centralized purchases of these types will be conducted anywhere. In addition, the notification also stated that the Department of Health decided to establish the Jiangsu Provincial Department of Health Medical Materials Centralized Procurement Management Office to be responsible for the daily management and organization and implementation of the centralized procurement of medical consumables in the province... The second-level medical institutions in the province must be candidates for centralized procurement In the selection of the procurement of species, and on the network platform to accurately reflect the medical supplies purchase orders, vendor response, distribution, acceptance and other procurement information and work.

Zhang Gang told reporters that Document No. 206 of the Department of Health of Jiangsu Province indicated that no bidding for the winning bids should be conducted in all localities. It should be implemented through the online distribution of the Provincial Health Department. However, the Lianyungang First Hospital has not implemented the online delivery of the bids for the supplies of the provincial health department supplies. . The hospital has now developed into the largest comprehensive hospital in the eastern part of Xuhuai, which consists of medical treatment, teaching, research, prevention, health care, rehabilitation, and first-aid. It provides secondary bargaining and bidding for Jiangsu's successful bidders. It is against the Ministry of Health’s policy to tender for distributors for supply.

Li Hongxing, head of the financial department of Lianyungang First Hospital, said that with regard to the bidding for medical consumables, the central, provincial, and municipal levels all organize bids for centralized procurement, involving many varieties and specifications, and many manufacturers. "I remember that in July and August of 2009, the companies that were organized by the Health Department of the Provincial Department of Health unified the distribution and wiped out some of the weaker companies. Now it is only in the First People's Hospital of Lianyungang, engaged in medical consumables. There are more than 170 suppliers and distributors, and these companies are mixed and mixed, and this year, we learn from the practice of the provincial health department and select suppliers (suppliers) to choose strengths, strong anti-risk capabilities, and strong distribution capabilities. The company’s initial bid was actually selected, but some people reported it to the Provincial Commission for Discipline Inspection. One of our presidents in charge learned that one of the original manufacturers had called the provincial Commission for Discipline Inspection and said we brought in some local companies. However, it excludes some of the big companies in the field. This is actually what we say. Our review results are published on the Internet. Many of them are foreign companies. Locally accepted companies are also quite good in the local area. strength."

Li Mingxing said that in accordance with the relevant regulations of the state, the hospital really cannot bid again for hospital consumables. “What we did at the beginning was to look for manufacturers with strong strengths, but then we considered that some manufacturers’ social relations were unusual. In order to prevent some manufacturers from interfering with our normal selection, we put the situation to the Municipal Commission for Discipline Inspection, the Municipal Health Bureau, the City Procuratorate, etc. The department reported that in order to ensure the selection of a strong company, it actually received a deposit of 200,000 yuan at the beginning, but then the opinions of the municipal health bureau and other departments were: Since you were selected at the beginning, the margin does not have to be collected. Otherwise, there was suspicion of tendering, so the deposit was withdrawn. In the review held on November 18, the hospital also specially invited the Health Bureau, Procuratorate and other units to participate in. This is a sensitive matter involving the adjustment of interests. During the review, some enterprises must be squeezed out, and they are certainly uncomfortable in their hearts. The fact that they have been reported is also our expectation."

Li star said that the reason why the selection is not a tender, there are three main points: First, the range of medical supplies involved in the selection are within the scope of the national, provincial and municipal health departments; the second does not involve the price; Third, the supplier is also a supplier within the scope determined by the relevant national, provincial and municipal authorities.

2 material falsification?

Report: Among the selected suppliers, some small companies have the problem of fraudulent application materials, and some powerful companies have failed.

Response: At present, no relevant reports have been received on the fraud of materials. Whoever was selected and who was chosen was the result of an on-site collective review.

In the survey, some of the suppliers and the responsible person of the distribution company stated that among the selected suppliers, apart from a few state-owned enterprises, some small companies had the problem of fraudulent application materials.

Li star said that the review, the city prosecutor's office, health bureau and other relevant departments are involved, relevant personnel are on the scene inspectors. In the 18th review, all the judges were drawn from the hospital's expert database. According to the requirements, the judges must score on the assessment site and publish the results on the spot after the review. At that time, even our top leaders did not report, and what was the scene? ”

Li Mingxing introduced that the experts who participated in the review were all experts in the clinic's front line. Things can not be used, can not use, they have the ability to make choices. As for how to ensure the authenticity of the application materials, Li Xing stated that the hospital has set many specific conditions for the application materials. “We require companies participating in the selection process to provide relevant business registration data. We need suppliers to provide pictures for related things.” How to determine the factory area of ​​the other party from the photos? Li said: "If there is a fraud in the application materials, once we verify it, we can cancel its eligibility for supply. Therefore, for suppliers, the cost of fraud is relatively high!"

In the reporter’s report, he also mentioned some specific companies. For these issues, Li Mingxing also responded. He said that according to his own understanding, the strength of the company is indeed stronger, but this time, some competitors are stronger. Moreover, the importance of this company in Beijing is not enough. Although the hospital feels sorry for the company's defeat, there is no way. This is the result of the collective review. The company in Nanjing was unsuccessful. It seems to be normal for Li Chong. “In the past few years, the Nanjing company’s business in our hospital has become less and less, and it is now normal to be eliminated.”

In response to the issue of several companies in Lianyungang mentioned in the report as being fraudulent in the application materials, Li Xing stated that before the reporter came, they did not receive relevant reports. Therefore, the relevant situation is not clear. He said: "The hospital supervision department will take the lead and conduct investigations on specific companies to see if there is a problem with material fraud, and relevant results will be reported to reporters."

3 Does the hidden rule exist?

Report: Several distribution (supply) companies stated that they had encountered 10%-30% of unspoken rules in the First People's Hospital of Lianyungang.

Response: "There can be no such thing! The so-called profit-taking situation is not operability."

During the Lianyungang period, several distribution (supply) companies contacted by reporters told reporters that they had encountered 10%-30% unspoken rules of voluntary profit sharing at the First People's Hospital of Lianyungang. One supplier even stated that after forcibly deducting profit from the hospital, some of the deducted money was also required to have written a “voluntary financial statement”. Are the conditions they reflect true? In this regard, Li star categorically denied. "There can be no such thing. In accordance with the principle of centralized procurement. After the supplier has supplied medical consumables, we have not been able to constrain him in any aspect. The so-called profit-taking situation is not operability."

But in this regard, Wang Mingguang said, "Focus Interview" is not exposed to Xuzhou some hospitals second bargaining thing? All the hospitals in Xuzhou are asking the suppliers to make profits again for the drugs at the price of centralized procurement. “Renli did cause our benefits to be lost. However, the part that was let out was not given to the patient but was taken away by the hospital. As a supplier, we also have a way to recover the loss. Anyway, the wool is in the sheep. Ultimately, the biggest victim is the patient, and the people we do business with do not do business at a loss." Wang Mingguang told reporters that as suppliers, they are in the process of cooperation with the hospital, the hospital's restrictions on them Also a lot. Now that there are so many suppliers, if you don't give in, don't let profit, you're out. For example, this time the so-called selection, is not the hospital's policy constraints?

According to the lawyer’s argument, some suppliers are actually bidding documents. Some suppliers told reporters that they had previously held tenders for Lianyungang First People’s Hospital without authorization, and that the second bargaining and falsification of tenders were reported to the Department of Health of Jiangsu Province, but so far they have not. reply. On the afternoon of December 17, the reporter dialed the phone number of the Medical Material Centralized Procurement Management Office of the Jiangsu Provincial Department of Health for several times, but it has not been able to connect.

Lawyer Liu Maotong, a member of the China Law Society and director of the Jiangsu Maotong Law Firm, stated that hospitals should follow the laws and regulations and the regulatory documents of the health administrative department in the process of tendering and purchasing medical consumables. The First People's Hospital of Lianyungang has issued a tender notice, and it also comes with a full set of tender documents. Later, although the name was changed to "selection," after the hospital also claimed that the event was selected, but the entire process is still essentially a tender.

"As hospitals, they have the obligation to review the qualifications of bidders and related materials, and they should be sure that they meet the conditions for bidding. If the gatekeepers are not strict enough to allow some unqualified companies to enter, the patient's safety and health cannot be guaranteed. "Liu Maotong's lawyers told reporters that, in accordance with the law, it is forbidden to accept kickbacks during the bidding process. Accepting kickbacks is essentially a form of bribery. If it meets the requirements of the criminal law, it will be investigated for criminal responsibility. If you win the bid by means such as paying rebates or providing false bidding materials, it is an invalid bid winning behavior. Other interested bidders (suppliers) have the right to raise objections and reports, and can provide corresponding evidence and request that relevant bidding and bidding activities be resumed. After the bid inviting unit (hospital) has verified the facts, it shall abolish the results of the winning bids and re-organize the tendering and bidding activities.