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Anonymous users2024-02-06After the notice of winning the bid is issued, if the tenderer changes the result of winning the bid, or the winning bidder gives up the winning project, it shall bear legal responsibility in accordance with the law, and if it causes losses to the other party, it shall bear the liability for damages.
Referring to Article 45 of the Tendering and Bidding Law of the People's Republic of China, after the winning bidder is determined, the tenderer shall issue a notice of winning the bid to the winning bidder, and at the same time notify all the bidders who have won the bid at the end of the bid.
The notice of winning the bid has legal effect on the tenderer and the winning bidder. After the notice of winning the bid is issued, if the tenderer changes the result of winning the bid, or the winning bidder gives up the winning project, it shall bear legal responsibility in accordance with the law.
With reference to Article 42 of the Contract Law of the People's Republic of China, if a party causes losses to the other party under any of the following circumstances in the process of concluding a contract, it shall be liable for damages:
1) Conducting negotiations in bad faith under the pretext of concluding a contract;
2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;
3) Other conduct that violates the principle of good faith.
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Anonymous users2024-02-05Legal analysis: after the tendering unit issued the notice of winning the bid, the notice of winning the bid is legally effective, and the formal contract should be signed by the Li family in accordance with the law.
Legal basis: Tendering and Bidding Law of the People's Republic of China
Article 45 After the winning bidder is determined, the tenderer shall issue a notice of winning the bid to the winning bidder, and at the same time notify all the bidders who have not won the bid of the winning result. Mausoleum.
Article 59 If the tenderer and the winning bidder do not conclude a contract in accordance with the bidding documents and the bidding documents of the winning bidder, or if the tenderer and the winning bidder enter into an agreement that deviates from the substantive content of the contract, it shall be ordered to make corrections; A fine of between 5 and 10 thousandths of the amount of the winning bid may be imposed.
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Anonymous users2024-02-04Legal analysis: If Party A does not take the initiative to sign the contract, it can urge the other party to sign the contract in writing. If Party A insists on not signing the contract, it can complain to the bidding management agency or request it to supervise the signing of the contract.
If Party A finally fails to conclude the contract within the prescribed time limit, it may file a lawsuit with the court and claim compensation for its losses.
Legal basis: "Tendering and Bidding Law of the People's Republic of China" Article 46 The bidder and the winning bidder shall, within 30 days from the date of issuance of the notice of winning the bid, enter into a written contract in accordance with the bidding documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract.
If the bidding documents require the winning bidder to submit a performance bond, the winning bidder shall submit it.
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Anonymous users2024-02-03If the contract is not signed within 30 days after the notice of winning the bid is issued, the relevant administrative supervision department will give a warning, order correction, and impose a fine of less than 30,000 yuan according to the circumstances; If the loss of the winning bidder is caused, the loss shall be compensated. After the notice of winning the bid is issued, if the winning bidder gives up the winning project, does not sign the contract with the tenderer without justifiable reasons, proposes additional conditions to the tenderer or changes the substantive content of the contract when signing the contract, or refuses to submit the required performance bond, the tenderer may cancel the qualification of winning the bid and confiscate its bid bond; If the loss to the tenderer exceeds the amount of the bid deposit, the winning bidder shall compensate for the excess; If the bid deposit is not submitted, it shall be liable for the losses of the tenderer. Article 81 of the Measures for Bidding and Bidding for the Construction of Engineering Construction Projects After the notice of winning the bid is issued, the winning bidder gives up the bid-winning project, does not sign the contract with the tenderer without justifiable reasons, proposes additional conditions to the tenderer when signing the contract or changes the substantive content of the contract, or refuses to submit the required performance bond, the bid qualification shall be cancelled, and the bid bond shall not be refunded; If the loss to the tenderer exceeds the amount of the bid deposit, the winning bidder shall compensate for the excess; If the bid deposit is not submitted, it shall be liable for the losses of the tenderer.
The winning bidder of the project that must be tendered for construction in accordance with the law shall be ordered to make corrections by the relevant administrative supervision department, and may be fined less than 10/1000 of the amount of the winning bid.
Article 60 of the Law of the People's Republic of China on Tendering and Bidding of the People's Republic of China If the winning bidder fails to perform the contract signed with the tenderer, the remaining gold of the performance guarantee shall not be refunded, and if the loss caused to the tenderer exceeds the amount of the performance bond, the excess part shall be compensated; If the performance bond is not submitted, it shall be liable for the losses of the tenderer. If the winning bidder fails to perform its obligations in accordance with the contract signed with the tenderer, and the circumstances are serious, it shall be disqualified from bidding for projects that must be tendered in accordance with the law within two to five years and shall be announced, until the business license is revoked by the administrative authority for industry and commerce. Where the contract cannot be performed due to force majeure, the provisions of the preceding two paragraphs do not apply.
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Anonymous users2024-02-02Yes, but you will bear the legal responsibilities arising from this, so you need to handle the contract carefully and pay attention to the spirit of the contract to avoid unnecessary trouble. The "Tendering and Bidding Law of the People's Republic of China" stipulates: "Article 45 After the winning bidder is determined, the tenderer shall issue a notice of winning the bid to the winning bidder, and at the same time notify all bidders who have not won the bid of the winning bid.
The notice of winning the bid has legal effect on the tenderer and the winning bidder. After the notice of winning the bid is issued, if the tenderer changes the result of winning the bid, or the winning bidder gives up the winning project, it shall bear legal responsibility in accordance with the law. "Measures for Bidding and Bidding for the Construction of Engineering Construction Projects" stipulates:
Article 60 The notice of winning the bid has legal effect on the tenderer and the winning bidder. After the notice of winning the bid is issued, if the tenderer changes the result of winning the bid, or the winning bidder gives up the winning project, it shall bear legal responsibility in accordance with the law. Article 58 For projects that must be tendered in accordance with the law, the tenderer shall determine the winning candidate who ranks first as the winning bidder.
If the winning candidate who ranks first gives up the winning bid, cannot perform the contract due to force majeure, or fails to submit the performance bond within the specified time limit as stipulated in the bidding documents, the tenderer may determine that the second winning candidate is the winning bidder. "Article 84 If the winning bidder does not perform the contract signed with the tenderer, the performance bond shall not be returned, and if the loss caused to the tenderer exceeds the amount of the performance bond, the excess part shall be compensated; If the performance bond is not submitted, it shall be liable for the losses of the tenderer. If the winning bidder does not perform its obligations in accordance with the contract signed with the tenderer, and the circumstances are serious, the relevant administrative supervision department shall cancel its bidding qualifications for two to five years to participate in the bidding project and make an announcement, until the business license is revoked by the administrative authority for industry and commerce.
Where the contract cannot be performed due to force majeure, the provisions of the preceding two paragraphs do not apply.
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Anonymous users2024-02-01Hello [<>
If the contract has been fulfilled and there are no objections or disputes between the parties, then the contract can be considered valid. However, if the relevant laws and regulations or the provisions of the procurement documents are violated when signing the contract, there may be certain risks and consequences[ ] For contracts that are not signed in accordance with the notice of winning the bid, it is necessary to analyze the specific situation. If the contract is changed due to the reasons of the tenderer or the purchaser, it may be resolved by applying for approval or adjustment after the fact.
However, if the first merchant or contractor reaches an agreement with the purchaser on its own and violates the requirements of the original bidding documents, it is easy to cause violations, and there are consequences such as being ordered to stop the performance of the contract and imposing penalties [ ] Therefore, when signing the contract, all parties should carefully check the requirements of the procurement documents and vertical chain distribution laws and regulations to ensure the legality and validity of the contract. If there are irregularities in the contract, it is recommended to consult a professional institution or lawyer in a timely manner to conduct a compliance risk assessment and handling <>
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