Question and answer 1. Did you win the bid in advance?
There are three pre-winning candidates, all of whom will publish public bidding announcements on the bidding website within a certain period of time. If you have any objection, you can complain. After this time, if there is no objection to the bid-winning publicity, the first successful candidate will be announced.
Article 54 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC), the tenderee shall publicize the successful candidate within 3 days from the date of receiving the bid evaluation report, and the publicity period shall not be less than 3 days.
Bidders or other interested parties who have objections to the bid evaluation results of projects that must be subject to tender according to law shall raise them within the publicity period of the successful candidate. The tenderer shall make a reply within 3 days from the date of receiving the objection; Before giving a reply, the tendering and bidding activities shall be suspended.
Question and answer 2. What's the difference between a pre-bid announcement and a bid-winning announcement?
Different contents
Decree no.62. 18 stipulates that after the winning supplier is determined, the winning result shall be published in the government procurement information release media designated by the financial department. Article 2 1 of the Measures for the Administration of Government Procurement Information Announcement stipulates that the contents of the bid-winning announcement shall include the names, addresses and contact information of the purchaser and the procurement agency; The name, purpose, quantity, brief technical requirements and contract performance date of the procurement project; Calibration date; The name, address and winning amount of the winning supplier; Date of tender announcement of this project; List of members of the bid evaluation committee, etc.
However, Fei, deputy director of the Government Procurement Supervision Department of the Zhejiang Provincial Department of Finance, believes that compared with the bid-winning announcement, the content of the pre-winning announcement is relatively rich, including not only the contents of the bid-winning announcement, but also the names, addresses and contact information of the second and third bid-winning suppliers.
Moreover, Fei added, the content of the pre-bid announcement should be richer, not only the relevant information of the top suppliers, but also the rankings of all suppliers, and the scoring items with low scores for each supplier should also be made public in the pre-bid announcement, so as to really play a role.
The legal effect is different.
The release of the bid-winning announcement shows that the procurement results have been announced, everything has been settled, and the contents of the bid-winning announcement are protected by law. Decree no.62. 18 stipulates that the bidding procurement unit shall issue the bid-winning notice to the bid-winning supplier at the same time as issuing the bid-winning announcement, and the bid-winning notice shall have the same effect on the purchaser and the bid-winning supplier. If the purchaser or the winning supplier abandons the bid, it shall bear corresponding legal responsibilities.
If the purchaser fails to sign a procurement contract with the winning supplier without justifiable reasons, it will be ordered to make corrections within a time limit, given a warning and may be fined in accordance with relevant regulations. The administrative department or relevant department will punish the directly responsible person in charge and other directly responsible personnel and notify them. If the supplier fails to sign a purchase contract with the purchaser without reason, the bidding procurement unit will not refund the bid bond paid by it. If the circumstances are serious, they shall be included in the list of bad behavior records and shall not participate in government procurement activities for one to three years.
However, "the announcement of the pre-winning bid has no legal effect and only plays the role of publicity and notification". Quanfa, director of the Government Procurement Office of Qingdao Finance Bureau, said that only the procurement and bid evaluation results are announced, so that the procurement results can be supervised by all sectors of society in advance, and problems can be dealt with in advance to increase the transparency of government procurement.
Different lengths of time
In order to further increase the openness and transparency of government activities, 18 not only stipulates that the bid-winning result shall be announced in the government procurement information release media formulated by the financial department, but also stipulates in Article 63 that "if a bidding supplier has any objection to the bid-winning announcement, it shall submit a written query to the bidding procurement unit within 7 working days from the date of the bid-winning announcement ..." This means that the publicity period of the bid-winning announcement shall be at least 7 working days.
Lawyer Ma Mingde, legal adviser of government procurement of Beijing Finance Bureau, said that the practice of issuing pre-bid announcement is generally stipulated in local government procurement regulations, and the publicity time is 5 working days in some places and 7 working days in some places, which is an important difference between pre-bid announcement and bid-winning announcement.
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