Question 2: The contract has been signed, but the previous bid-winning notice has been lost. Generally speaking, the bid-winning notice is to be filed. But the function of the letter of acceptance is to inform you that you have won the bid and can sign a contract with you. Now that the contract has been signed, the purpose of the bid-winning notice has been achieved and will not have a substantial impact on the contract.
Question 3: How to make up for the loss of the letter of acceptance? If the notice is lost, please ask the issuing unit to reissue it. If the invoice is lost, the financial department can void it and make up another one.
Question 4: What should the issuing unit do if the bid-winning notice is lost? In principle, 50 points will not be reissued. You can consult the bidding unit again or find a manuscript. If people really don't give it, there's nothing they can do. If they lose it, of course they are responsible.
Question 5: What do you mean if the bid-winning notice is issued after the bidding, and if it is rejected? Is the tenderer unwilling to sign a contract with the winning bidder, or is the bidder not fulfilling the obligation of winning the bid and not signing a contract with the tenderer? In both cases, you can refer to the provisions of Article 59 and Article 60 of the Bidding Law and other related contents.
If a contract has been concluded, then learn about the relevant provisions of the contract law.
Question 6: What should I do if my company loses its bid-winning notice? Can I make it up? It is urgent. Thank you for making it up in the construction Committee.
Question 7: What should I do if I miss the bid-winning notice in the tender estimation? It depends on the tender instructions, quotation instructions and contract terms in the tender documents. Generally, there are corresponding regulations.
Question 8: The company's letter of introduction is lost, and the bid-winning notice is lost. First, enter the market to undertake engineering survey and design projects of survey and design units registration management procedures. Data review When foreign survey and design units enter our city to undertake projects, they need to submit the following materials to the Municipal Construction and Construction Committee for review: 1. Letter of introduction from foreign survey and design units; 2. An application report for entering the survey and design market in our city; 3, foreign survey and design units need to fill in the "record form"; 4, contract engineering survey and design project bid-winning notice or project power of attorney; 5, enterprise qualification certificate (original and copy, copy should be stamped with the special seal for drawings of the unit); 6. Business license (original and photocopy); 7. The original and photocopy of the relevant certificates, professional title certificates, education certificates and ID cards of the person in charge and technical person in charge entrusted (appointed) by an enterprise as a legal person to undertake business in Shiyan (the technical person in charge shall be a senior engineer or a registered person, providing the original and photocopy of the registered practice certificate), and the photocopy of the registered practice certificate shall be stamped with the registration seal as it is; 8. The roster of major survey and design personnel (including registered practitioners) and relevant registered practice certificates, academic certificates, professional title certificates, original and photocopies of ID cards that enterprises enter Shiyan City to undertake business. The photocopies of registered practice certificates should be stamped with the official seal of the unit, and the photocopies of registered practice certificates should also be stamped with the original registration seal; The signature of the person appearing on the drawing must be consistent with my signature in the project filing form provided; 9, is a provincial enterprise also need to have the registration formalities of Hubei Provincial Construction Department; 10. Review other materials deemed necessary by the management department. 2. According to the relevant requirements of 1, the number of registered practitioners of full-time technical backbones of Grade A and Grade B survey and design units in foreign markets shall not be less than 1 for each major. 2 foreign survey and design units entering Shiyan to undertake business must abide by the relevant laws, regulations and rules of the state, province and city, and consciously accept the management of the municipal construction administrative department. If the violation of laws, regulations and rules disturbs the market order, and the actual operation is inconsistent with the contents of the declaration and filing, which will reduce the quality of survey and design or cause major accidents, it will be punished accordingly, and the survey and design market in our city will be cleared. Foreign engineering survey and design units enter the market to undertake engineering survey and design projects. Set the foreign characters in the registration form 10 [] 1No. Date of filing unit declaration/system of Shiyan Housing and Urban-Rural Development Committee 1. Basic information of enterprise unit Name of enterprise unit Legal representative Job name Technical director Job name Communication address Postal code Contact telephone company The earliest establishment time of superior supervisor (central enterprise working committee, local government, others) industrial and commercial registration time Enterprise type Business license registration number Registered capital (10,000 yuan) Engineering survey: Engineering design: existing qualification grade of special engineering design: scope of undertaking tasks and certificate number: Other: total number of employees and retirees, including total number of technicians, senior titles, intermediate titles and junior titles. Number of retired first-class registered architects, number of retired second-class registered architects, number of retired first-class registered structural engineers, number of retired second-class registered structural books, number of retired other registered geotechnical engineers, official seal, corporate seal, seal (qualification seal) and special seal for contract. Audit: Signature of the legal representative of the unit: registration form (official seal of the unit) of the main survey and design personnel who entered Shiyan City to undertake engineering survey and design projects: name, professional title, specialty, signature remarks, age and length of service of the survey and design in consecutive years: 1, which is mainly filled in for the technical personnel who undertake Shiyan construction projects; 2. The relevant auditing and inspection departments will check the handwriting signed by technicians, so the column of "my signature" in the form must be signed by technicians. Three. Registration Form for Registered Practitioners Engaged in Engineering Survey and Design in Shiyan City (official seal of the company): Preface Registration Category Name Practice SealNo. Practice Seal Print Sample My signature. And the grade note: 1. This form is mainly filled out for registered practitioners who undertake construction projects in Shiyan City; 2. The relevant auditing and inspection departments will check the handwriting of registered practitioners, so the "my signature" column of the form must be signed by registered practitioners. Four. Engineering survey and design projects to be undertaken: project name, address, contact number of the construction unit, undertaking method: direct entrustment □ open tender □ invited tender □ other □ project scale: ... >>
Question 9: Can the bid-winning notice be revoked unilaterally? Recently, a company consulted us and said that their company participated in the bidding as a bidder and won the bid. The bidder also sent a letter of acceptance to their company. However, due to the adjustment of the tenderer's organization, the original project design was changed, so the tenderer issued a notice to the bidder, saying that due to the change of the project design, all the original bids were invalid and needed to be re-invited. As a bidder, their company did not agree to re-bid, resulting in a dispute between the two sides. This company wants to consult. Can the bid-winning notice be revoked unilaterally? Is it legal for the tenderer to unilaterally declare the bid-winning notice invalid on the grounds of design change? Through research and discussion, Zhong Da real estate lawyers believe that the bid-winning notice cannot be revoked unilaterally, nor can the tenderee revoke the bid-winning notice on the grounds of engineering design change, otherwise it will constitute a breach of contract, and should bear the liability for breach of contract and compensate the bidder for the losses caused thereby. First of all, according to the second paragraph of Article 45 of China's Bidding Law: "The bid-winning notice has legal effect on the tenderer and the winning bidder. After the bid-winning notice is issued, if the tenderer changes the bid-winning result, or if the winning bidder abandons the bid-winning project, it shall bear legal responsibility according to law. " That is to say, although the bid-winning notice is a document issued by the tenderer, it belongs to the legal relationship between the tenderer and the bidder, is an integral part of the tender document contract, and has the same legal effect as the tender document, and both parties must strictly abide by it. Otherwise, it shall be regarded as a breach of contract and shall bear the liability for breach of contract. In addition, this point can also be very obvious from the provisions of Article 46 of the Bidding Law. Article 46 of the Bidding Law stipulates: "The tenderer and the winning bidder shall conclude a written contract in accordance with the bidding documents and the winning bidder's bidding documents within 30 days from the date of issuance of the bid-winning notice." Secondly, since the bid-winning notice is legally binding on both parties, it must be revoked or dissolved in strict accordance with the relevant provisions of China's contract law and in accordance with legal procedures and conditions. Otherwise, it will constitute a breach of contract. I hope everyone will pay special attention when bidding. Thirdly, through analysis and discussion, Zhong Da real estate lawyers believe that the project design changes consulted by the above-mentioned units are only unilateral acts of the tenderee, not the result of consensus reached by both parties. As mentioned above, it does not conform to the legal provisions of revocation and dissolution stipulated in the contract law, nor does it belong to the change of situation in civil law theory. Because the situation change must meet the following four conditions: first, there must be the fact that the situation has changed. The second situation change must occur after the contract is established and before the performance is terminated. Third, the changes in the situation must be unforeseeable by all parties concerned and have an unforeseeable nature. Fourthly, due to the change of circumstances, the performance of the original contract is obviously unfair. For the situation mentioned by the above-mentioned units, the engineering design change mentioned by the tenderer simply does not meet these four conditions. At the same time, the purpose of applying the principle of changed circumstances is to eliminate unfair results caused by changes in objective circumstances, so that the contract can be performed or terminated on a fair basis. Its legal effect is usually manifested in the following two aspects: first, renegotiation, also known as "renegotiation obligation", that is, one party can ask the other party to renegotiate the contents of the contract. The second is to appeal to the people's court or arbitration institution to modify or terminate the contract. To modify a contract is to make changes only on the basis of the original contract, so that the rights and obligations of both parties tend to be balanced. Judging from the situation introduced by the above units, there is no such premise at all. Finally, we think that bidders can negotiate with the tenderee first. If negotiation fails, it can be settled through legal proceedings. If the tenderer is required to bear the liability for breach of contract in accordance with the bidding documents signed by both parties according to law, he may request the return of the deposit. At the same time, the tenderer may also be required to compensate all the losses suffered by the bidder for participating in the bidding. The enlightenment of this case is that whether to sign a contract or not, we must strictly follow the law. Only in this way can we establish a fair, orderly and honest good commercial and economic order, develop the economy, and strengthen the country and enrich the people!
Question 10: Can I send a letter of acceptance during the bidding complaint period? No, you can't send a letter of acceptance!
The so-called letter of acceptance refers to the written certificate issued by the tenderer to the winning bidder after determining the winning bidder. The content of the bid-winning notice should be concise, as long as it tells the project subject to tender that it has won the bid and determines the time and place for signing the contract. The main contents of the bid-winning notice shall include: the name of the bid-winning project, the bid-winning price, the project scope, the construction period, the commencement and completion dates, the quality grade, etc.
For example:
A * * * investment project, the second successful candidate complained to the first successful candidate during the publicity period, and the territorial administrative supervision department made a decision to cancel the qualification of the first successful candidate after investigation and evidence collection. If the candidate who won the first bid refuses to accept it, he shall submit an administrative reconsideration to the administrative supervision department at a higher level, and the administrative supervision unit at a higher level shall make an administrative reconsideration decision: the qualification of the candidate who won the first bid shall be recognized by revoking the handling opinion made by the original administrative supervision department. In this case, the territorial administrative supervision cancels the qualification of the first successful candidate, and the superior administrative supervision decides to confirm the qualification of the first successful candidate. Where's the tenderer? Is it waiting for them to go through the judicial process endlessly? Or for the construction of engineering construction projects, can you make a bid-winning notice? To the first successful candidate or to the second successful candidate? Please give me help and advice.
Answer:
Judging from the situation introduced by the landlord, it should be that the administrative reconsideration procedure has been completed.
If it has been completed, it shall be handled in accordance with the results of administrative reconsideration by the administrative supervision department at a higher level.
That is to say, judging from the situation introduced by the landlord, it is not a question of "whether the tenderer can issue the bid-winning notice during the administrative reconsideration period", but a question of "what to do when the administrative reconsideration result comes out".
During the period of administrative reconsideration, if the administrative reconsideration procedure has not yet ended, the bid-winning notice may be issued in accordance with the provisions of the Administrative Reconsideration Law.
For the relevant legal basis, see Article 21 of the Administrative Reconsideration Law: "During the period of administrative reconsideration, the specific administrative act shall not be suspended; However, execution can be stopped under any of the following circumstances:
(a) the respondent considers it necessary to stop the execution;
(two) the administrative reconsideration organ considers it necessary to stop the execution;
(three) the applicant applies for suspension of execution, and the administrative reconsideration organ considers its request reasonable and decides to stop execution;
(four) the law provides for the suspension of execution. "
According to the provisions of Article 59 of the Measures for the Administration of Bidding for Procurement of Goods and Services (hereinafter referred to as the Measures), the agency shall send the bid evaluation report to the purchaser within five working days after the bid evaluation. The purchaser shall, within five working days after receiving the bid evaluation report, determine the winning suppliers in the order of the candidate suppliers recommended in the bid evaluation report. Therefore, if the purchaser entrusts an agency to purchase, the time to determine the winning supplier should be within ten working days after the end of bid evaluation. Therefore, industry experts generally believe that the time to determine the winning supplier should not exceed ten working days.
According to the provisions of Article 62 of the Measures, after the winning supplier is determined, the winning result shall be announced in the * * * procurement information release media designated by the financial department. At the same time as the announcement is issued, the bidding procurement unit shall issue a bid-winning notice to the winning supplier. Therefore, if the procurement activities are not stopped due to complaints, the bid-winning notice shall be issued within 1 1 working days after the bid evaluation.