How should bidders complain?
Bidding method:
Article 65 If bidders and other interested parties think that the bidding activities are not in conformity with the relevant provisions of this Law, they have the right to raise objections to the tenderee or complain to the relevant administrative supervision departments according to law.
Regulations for the implementation of the Bidding Law:
Article 60 If a bidder or other interested party thinks that the tendering and bidding activities are not in conformity with the provisions of laws and administrative regulations, it may complain to the relevant administrative supervision departments within 10 days from the date when it knows or should know. Complaints should have clear requirements and necessary supporting materials.
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Article 61 If a complainant complains about the same matter to two or more administrative supervision departments that have the right to accept it, the administrative supervision department that accepts it first shall be responsible for handling it.
The administrative supervision department shall decide whether to accept or not within 3 working days from the date of receiving the complaint, and make a written decision within 30 working days from the date of accepting the complaint; Need inspection, testing, identification, expert review, the time required is not counted.
If the complainant fabricates facts, forges materials or obtains proof materials by illegal means to make a complaint, the administrative supervision department shall not accept it.
Government procurement law:
Article 55 If the supplier is not satisfied with the reply of the purchaser or the procurement agency, or the purchaser or the procurement agency fails to make a reply within the specified time, he may complain to the procurement supervision and administration department of the government at the same level within 15 working days after the reply expires.
Fifty-sixth government procurement supervision and management departments shall make a decision on complaint handling within thirty working days after receiving the complaint, and notify the complainant and the parties in writing.
Fifty-seventh government procurement supervision and management departments in handling complaints, according to the specific circumstances, notify the purchaser in writing to suspend procurement activities, but the longest suspension period shall not exceed 30 days.
Article 58 If the complainant refuses to accept the decision of the government procurement supervision and administration department to handle the complaint or the government procurement supervision and administration department fails to handle it within the time limit, he may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.
Matters needing attention in bidders' complaints
I. Complainant subject
Potential bidders, bidders or other interested parties
Second, the time limit for complaints.
Bidders or other interested parties may complain to the relevant administrative supervision departments within 10 days from the date when they know or should know that the bidding activities do not conform to the provisions of laws and administrative regulations. Complaints should have clear requirements and necessary supporting materials.
Three. Time limit requirement for reply
The administrative supervision department shall decide whether to accept or not within 3 working days from the date of receiving the complaint, and make a written decision within 30 working days from the date of accepting the complaint; Need inspection, testing, identification, expert review, the time required is not counted.
Four. Prerequisites for some complaints
If you complain about the following matters, you should first raise an objection to the tenderer, and you can only complain if you are not satisfied with the objection reply:
1. Complaints from potential bidders or other interested parties about prequalification documents and bidding documents;
2. The bidder's complaints about the bid;
3 bidders or other interested parties' complaints about the evaluation results of projects that must be subject to tender according to law.
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