However, Article 56 of the Measures for Bidding and Tendering of Construction Projects, Order No.30 of seven ministries and commissions, stipulates: "After the bid evaluation committee submits a written bid evaluation report, the tenderer shall generally determine the winning bidder within 15 days, but at the latest within the validity period of the bid."
Article 62 stipulates: "The tenderer and the winning bidder shall conclude a written contract in accordance with the tender documents and the bidding documents of the winning bidder within 30 days from the date of issuance of the bid-winning notice." As can be seen from these two provisions:
(1) When the tender documents stipulate that the bid validity period is consistent with the bid bond validity period, the bid opening, bid evaluation, bid selection, bid-winning notice and contract signing shall be completed within the bid bond validity period. The time for determining the winning bidder or issuing the bid-winning notice should be at least 30 working days before the end date of bid validity, so as to have time to sign the contract. Otherwise, the validity of the bid bond will easily expire. Once it expires, if the winning bidder does not sign a contract with the tenderer, the tenderer will have no way to bind the winning bidder because the bid bond has expired;
(2) If the validity period of bid bond is 30 days longer than that of bid (usually stipulated in international bidding), the bid opening, bid evaluation, bid selection and bid-winning notice shall be completed within the validity period of bid bond, and the contract shall be signed within the validity period of bid bond. In this way, the above problems will not occur.
2. The Bidding Law of People's Republic of China (PRC) stipulates that:
Forty-fifth after the winning bidder is determined, the tenderer shall issue a letter of acceptance to the winning bidder and notify all bidders who have not won the bid.
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 the winning bidder abandons the bid-winning project, it shall bear legal responsibility according to law.
Article 46 A tenderer and a winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.
If the tender documents require the winning bidder to submit the performance bond, the winning bidder shall submit it.
Forty-seventh projects that must be subject to tender according to law, the tenderer shall submit a written report on the bidding situation to the relevant administrative supervision departments within 15 days from the date of determining the winning bidder.
Article 48 The winning bidder shall fulfill its obligations in accordance with the contract and complete the winning project. The winning bidder shall not transfer the winning project to others, nor shall it dismember the winning project and transfer it to others separately.
The winning bidder may, according to the contract or with the consent of the tenderer, subcontract part of the non-major and non-critical work of the winning project to others for completion. The person who accepts subcontracting shall have corresponding qualifications and shall not subcontract again.
The winning bidder shall be responsible to the tenderer for the subcontracted project, and the subcontractor shall be jointly and severally liable for the subcontracted project.
Extended data:
Conditions for determining the winning bidder:
The Bidding Law stipulates that the bid of the winning bidder shall meet one of the following conditions:
(1) can meet the comprehensive evaluation criteria specified in the tender documents to the maximum extent;
(2) It can meet the substantive requirements of the tender documents, and the evaluated bid price is the lowest, except that the bid price is lower than the cost.
For the determination that the bid price is lower than the cost, the Measures for the Administration of Bidding for Housing Construction and Municipal Infrastructure Projects stipulates that in any of the following circumstances, the bid evaluation committee may require the bidder to make a written explanation and provide relevant materials:
(1) If there is a pre-tender estimate, the bid price is lower than the pre-tender estimate within a reasonable range;
(2) If there is no pre-tender estimate, the tender offer is obviously lower than other tender offers and may be lower than the enterprise cost. The Measures also stipulate that if the bid evaluation committee proves that the bidder's quotation is lower than its enterprise cost, it cannot recommend it as a candidate or the winning bidder.
3) Determine the time limit of the winning bidder and publicize the winning candidate.
The Measures for Tendering and Bidding of Construction Projects stipulates that after the bid evaluation committee submits a written bid evaluation report, the tenderer shall generally determine the winning bidder within 15 days, but at the latest, 30 working days before the end of the bid validity period.
2. Report the bidding situation
The Law on Tendering and Bidding stipulates that the tenderer shall submit a written report on the bidding and tendering to the relevant administrative supervision departments within 5 days from the date of determining the winning bidder for the project that must be tendered according to law.
The Measures for Bidding and Tendering of Construction Projects further stipulates that the tenderee shall submit a written report on the bidding and tendering to the relevant administrative supervision departments within l5 days from the date of issuing the bid-winning notice. The written report shall at least include the following contents:
(1) bidding scope;
(two) the way of bidding and the media to publish the tender announcement;
(3) Instructions to bidders, technical terms, bid evaluation standards and methods, main terms of the contract, etc. In the tender documents;
(four) the composition of the bid evaluation committee and the bid evaluation report;
(5) The result of winning the bid.
Baidu Encyclopedia: Construction Project Bidding System