How to understand the validity period of the quotation in the bidding documents, and is there a lega

**The validity period is the validity period of the bid.

The significance is: the tenderer must complete the work of signing the contract with the winning bidder within the validity period, otherwise the bidder has the right not to sign the contract with the tenderer in accordance with the bidding.

As far as you are concerned, this is the case, no matter how the market changes, the tenderer and the bidder have no right to change the bid during the validity period of the bid, that is to say, the contract must be signed by the bid.

The validity period of the bid is the validity period of **.

The bidding deadline (here should be the bidding deadline, the requirement is the exact time) is the latest time for you to submit the bidding documents, and the tenderer will no longer accept the bidding documents submitted after this bidding deadline. Article 24 of the Tendering and Bidding Law stipulates that the tenderer shall not be less than 20 calendar days from the issuance of the bidding documents to the deadline for bidding.

"Bid validity period" is how many days from the deadline for bidding, and the general bidding documents stipulate that it cannot be less than how many calendar days. For example, if the validity period of the bid is 60 days, the validity period of the bid responded by the bidder in the bid letter should not be less than 60 days, which can be more than 60 days, not less than 60 days. This 60 days is counted from the time of bid opening (i.e. the bid deadline mentioned above).

Article 34 of the Tendering and Bidding Law stipulates that the opening of bids shall be made public at the same time as the deadline for submitting bidding documents determined in the bidding documents. The function of the validity period of this bid is to ensure that the substantive response of your bid (bidding ** and business and technical commitments, etc.) from the deadline of the bid to the completion of the contract is always valid, and does not change due to any reason such as raw material floating, market environment, policy factors, etc., you have no right to modify the bid within the validity period of the bid (otherwise you will be fined and confiscate the bid deposit), and the tenderer and the winning bidder cannot sign a contract that deviates from the bidding documents and bidding documents.

Therefore, the stipulated validity period of the bid should be the theoretical shortest time required for the process of bid evaluation, bid awarding, bid winning, publicity, negotiation and contract signing, not only limited to the evaluation of the bid and the publicity period. The return of the bid deposit of the winning bidder after the contract is signed is also based on the above provisions.

It is believed that the validity period of the bid is an asterisk indicator (one of the contents of the substantive response table), and the validity period of the bid promised in the bidding documents of Company A is 120 days, which is inconsistent with the validity period of the bid required in the bidding documents, and should be regarded as not responding to the substantive requirements of the bidding documents and rejecting its bid.

According to the opinion, the bidding validity period of 120 days promised in the bidding documents of Company A is longer than the bidding validity period required in the bidding documents, which is actually more beneficial to the purchaser and should be regarded as better than the requirements of the bidding documents and should not be vetoed.

According to the opinion, the validity period of the bid is the star indicator (one of the contents of the substantive response table), and the bid validity period promised in the bidding documents of Company A is 120 days, which is inconsistent with the bidding validity period required by the bidding documents, and should be regarded as not responding to the substantive requirements of the bidding documents and rejecting its bid.

According to the opinion, the bidding validity period of 120 days promised in the bidding documents of Company A is longer than the bidding validity period required in the bidding documents, which is actually more beneficial to the purchaser and should be regarded as better than the requirements of the bidding documents and should not be vetoed.

The validity period of the bid is calculated from the deadline for submitting the bid documents, and generally should not exceed 90 days. Under normal circumstances, the validity period of a centralized bidding procurement project does not need to be 90 days. If the tenderer adopts a more mature e-commerce method, there is no difficulty in completing the bid evaluation, awarding the bid, issuing the notice of winning the bid and signing the drug purchase and sales contract with the bidder within 30 days.

The "Work Specification" stipulates that the validity period of the bid should not exceed 90 days, because the comprehensive evaluation is carried out by manual operation, and the workload of completing the bid evaluation and award is very large, and it takes more time. Coupled with the impact of unforeseen events, it is necessary to stipulate that the validity period of tenders should generally not exceed 90 days.

The bidding documents shall indicate the validity period of the bid. That is, the tenderer must stipulate the time limit for making commitments to the bidder when issuing the bidding documents. Due to the rapid changes in the drug market, if the tenderer's commitment cannot be made for a long time.

It will greatly increase the business risk of the bidder. In the pilot stage of centralized bidding and procurement, the tenderer after the bid is opened.

It is quite common for a notice of award not to be issued for three or five months or more. In order to safeguard the interests of the bidder, the tenderer must be required to indicate the validity period of the bid in the bidding documents.

Legal analysis: the validity period of the bid refers to the requirement that the bidder submits the bidding documents to maintain an effective period of time within a certain period of time in order to ensure that the tenderer has enough time to complete the bid evaluation, bidding, contract signing and other work after the bid opening, which is specified by the tenderer in the bidding documents and calculated from the date of submission of the bid documents.

Legal basis: Bidding and Bidding Law of the People's Republic of China

Article 24 The tenderer shall not be less than 20 calendar days from the issuance of the bidding documents to the deadline for bidding.

Article 34 The bid opening shall be made public at the same time as the deadline for submitting the bidding documents determined in the bidding documents.

Legal analysis: The validity period of the bid refers to the period of time for the bidder to ensure that the tenderer has enough time to complete the bid evaluation, bid awarding, contract signing and other work after the bid is opened.

Legal basis: Bidding and Bidding Law of the People's Republic of China

Article 19 The tenderer shall prepare the bidding documents according to the characteristics and needs of the bidding project. The bidding documents shall include all substantive requirements and conditions such as the technical requirements of the bidding project, the criteria for the qualification of bidders, the bidding requirements and the bid evaluation criteria, as well as the main terms of the contract to be signed. If the state has provisions on the technology and standards of the bidding project, the bidding debater shall put forward the corresponding requirements in the bidding documents in accordance with its provisions.

If the bidding project needs to be divided into bids and determine the construction period, the tenderer shall reasonably divide the bidding section and determine the construction period, and specify it in the bidding documents.

Article 28 The bidder shall deliver the bidding documents to the bidding place before the deadline for submitting the bidding documents required by the bidding documents. After receiving the bidding documents, the tenderer shall sign for storage and shall not open. If there are less than three bidders, the tenderer shall re-bid in accordance with this law.

The tender documents delivered after the deadline for submission of bidding documents required in the bidding documents, the tenderer shall refuse to accept them.

Article 29 before the deadline for submission of bidding documents required by the bidding documents, the bidder may supplement, modify or withdraw the submitted bidding documents, and notify the tenderer in writing. The content of the supplement and repair banquet is an integral part of the bidding documents.

Article 46 of the Tendering and Bidding Law stipulates that "the tenderer 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.

Since the winning bidder has won the bid, it means that the bidding documents of the winning bidder are the most in line with the requirements of the bidding documents and are acceptable to the tenderer. Then, the tenderer and the winning bidder should sign the contract according to the bidding documents of the winning bidder, which naturally includes the payment method. If the payment method is changed when the contract is actually signed, it is a change to the bidding documents, which is not in accordance with the above laws.

Article 30 of the Contract Law "The content of the promise shall be consistent with the content of the offer. If the offeree makes substantial changes to the content of the offer, it is a new offer. Changes in the subject matter, quantity, quality, price or remuneration, performance period, place and method of performance, liability for breach of contract and dispute resolution method are substantive changes to the content of the offer.

Although the payment method is not explicitly included in the substantive content, for the bidding project with a long construction period and the capital cost has a greater impact on the bidding result, the change of the payment method will directly affect the change of the bidding price, and will inevitably affect the legitimate rights and interests of the third party (i.e., the unsuccessful bidder) and lead to unfairness, so for such bidding projects, the payment method should be regarded as the substantive content and shall not be changed.