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After the completion of the publicity, whether the tenderer may not select the bid or issue the notice of winning the bid?

Release time: 2024-04-12 09:39:01 Number of page views: Published by: Kaifeng Public Resources Trading Information network Information source: China Tendering Public Service Platform

 In the domestic public goods bidding project that must be tendering according to law, if after the end of the publicity period, before the issue of the notice of acceptance, the tenderer because of its own procurement plan changes or simply does not recognize the evaluation results, whether the tenderer can not bid, do not issue the notice of acceptance?

 
Analysis: The tenderer does not have a valid reason to bid, do not issue a notice of acceptance is unauthorized termination of the tender, this practice is inappropriate。Provisions of Article 14, paragraph 4, of the Bidding and Tendering Measures for goods of Construction Projects (Seven Ministries and Commissions Order No. 27, 2005),"Except for reasons of force majeure,After the tender documents or pre-qualification documents are issued,Non-refundable;A bid inviter may not terminate the bid invitation after it has published the bid invitation announcement, issued the invitation to bid, or issued the bid invitation documents or pre-qualification documents。Where a bid inviter terminates the tender, it shall issue an announcement in a timely manner, or notify in writing potential bidders who have been invited or who have already obtained pre-qualification documents and bidding documents。Where pre-qualification documents and bidding documents have been sold or bid security has been collected, the bid inviter shall promptly return the fees collected for the pre-qualification documents and bidding documents, as well as the bid security collected and the interest on the bank deposit for the same period。” 
 
The change of the tenderer's own procurement plan does not belong to force majeure, and such operation of terminating the tender due to the tenderer's own reasons violates the above provisions and shall bear the corresponding legal responsibilities。
 
Article 58 (1) of the Measures for Bidding and Tendering of Goods for Construction Projects,"The tenderer of a project subject to tender according to law has one of the following circumstances,The relevant administrative supervision department shall order correction,May be imposed a fine of not more than ten thousandths of the amount of the winning project;Causing loss to others,依法承担赔偿责任;对单位直接负责的主管人员和其他直接责任人员依法给予处分:(一)无正当理由不发出中标通知书……” 依据上述规定,The tenderer may bear legal liabilities such as being ordered to correct, fined, compensated for losses and the relevant responsible person being subject to administrative sanctions。

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