Can a complaint be scrapped and re tendered during the bidding publicity period?

1. Legal basis.

1. Article 54 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China shall be tendered in accordance with the law, and the tenderer shall publicize the winning candidate within 3 days from the date of receipt of the bid evaluation report, and the publicity period shall not be less than 3 days.

2. If the bidder or other interested parties have any objection to the bid evaluation results of the project that must be tendered in accordance with the law, they shall raise it during the publicity period of the winning candidate. The tenderee shall reply within 3 days from the date of receipt of the objection; Before replying, bidding and bidding activities shall be suspended.

3. Article 55 For projects in which state-owned funds hold a controlling or dominant position and must be tendered in accordance with the law, the tenderer shall determine the winning candidate who ranks first as the winning bidder.

4. If the first winning candidate gives up the bid, cannot perform the contract due to force majeure, does not submit the performance bond in accordance with the requirements of the bidding documents, or is found to have illegal acts that affect the bid-winning results, etc., and does not meet the conditions for winning the bid, the tenderer may determine the other winning candidates as the winning bidders in accordance with the list of winning candidates proposed by the bid evaluation committee, or re-tender.

2. Complaints and Handling.

1. Article 60 bidders or other interested parties believe that the bidding and bidding activities do not comply with the provisions of laws and administrative regulations, they may complain to the relevant administrative supervision departments within 10 days from the date of knowing or should know. The complaint shall have a clear request and necessary supporting materials.

2. If you complain about the matters specified in Article 22, Article 44 and Article 54 of these Regulations, you shall first raise an objection to the tenderer, and the objection response period shall not be counted within the time limit specified in the preceding paragraph.

3. Article 61 If the complainant complains about the same matter to two or more administrative supervision departments that have the right to accept it, the administrative supervision department that first receives the complaint is responsible for handling.

4, the administrative supervision department shall, within 3 working days from the date of receipt of the complaint, decide whether to accept the complaint, and from the date of acceptance of the complaint within 30 working days to make a written decision; If inspection, testing, appraisal, or expert review is required, the time required is not counted.

5. If the complainant fabricates facts, falsifies materials or obtains supporting materials by illegal means to make a complaint, the administrative supervision department shall reject it.

6. 62nd administrative supervision departments to deal with complaints, the right to consult, copy the relevant documents, information, investigation of the relevant circumstances, the relevant units and personnel shall cooperate. When necessary, the administrative supervision department may order the suspension of bidding and bidding activities.

The staff of the administrative supervision department shall keep confidential the state secrets and commercial secrets learned of in the course of supervision and inspection in accordance with law.

According to the content of the complaint to decide, if the content of the complaint belongs to the bidding law clear in the scrapping of the bid, the publicity will be suspended, and the decision will be made after verification.

It is possible to scrap the target. The winning candidate in the first place gave up the winning bid due to force majeure.

Failure to perform the contract and not in accordance with the bidding documents.

Require the submission of a performance bond.

or it is found that there are illegal acts that affect the result of winning the bid.

In other cases, if the conditions for winning the bid are not met, the tenderer may determine the other winning candidates in accordance with the list of winning candidates proposed by the bid evaluation committee to determine the winning bidder, or re-bidding.

Extended information: 1. Bidding information.

Bidding information is a general term for public bidding behaviors such as bidding announcements, bidding notices, bid-winning announcements, bidding changes, etc., and bidding information mainly refers to the tenderer or the bidding organization.

The public bidding information of the project published in newspapers, radio, television broadcasts and the Internet is mainly to explain the scope of the project, goods and services for the bidding, the division of bids, the quantity, the qualification requirements of the bidders, etc., and invite specific or unspecified bidders to bid in accordance with certain procedures at the specified time and place.

Second, the tender announcement.

The tender announcement refers to a document in which the tenderer announces the transaction standards and conditions, puts forward the project content such as ** and requirements, and selects the contractor or contractor when carrying out engineering construction, goods procurement, service demand, cooperative operation or bulk commodity trading.

3. Bidding method.

1. Public bidding.

It refers to the tenderer inviting unspecified legal persons or other organizations to bid in the form of tender announcements. Public bidding, also known as competitive bidding, is published by the tenderer in newspapers and periodicals, electronic networks or other bidding announcements to attract many enterprises to participate in the bidding competition, and the tenderer selects the bidding method of the winning bidder. According to the degree of competition, public bidding can be divided into international competitive bidding and domestic competitive bidding.

The legal elements of public bidding are: the tenderer invites bids by way of tender announcement; Bidding is invited to unspecified legal persons and other organizations.

2. Invite bidding.

It refers to the tenderer inviting a specific legal person or other organization to bid in the form of a bid invitation. Inviting tenders from the town of Ridge, also known as limited competitive bidding, is a type of bidding in which the tenderer selects a number of contractors or contractors.

Send a bidding invitation to it, and the invited businessmen and contractors will bid for competition, and select the bidding method of the winning bidder.

Legal analysis: After the announcement of the winning bid, the tenderer shall not cancel the bid. This situation is rare, the owner finds the error, can ask the organization of the bid evaluation committee socks will re-evaluate the bid, review all the bidding documents again, for the technical deviation does not meet the requirements of the bidder, according to the bid evaluation criteria to make a deduction or cancel the bidding qualifications, by other bidders to become the winning bidder, and then submit the bid evaluation results to the tenderer.

If the re-evaluation is late, there are less than three qualified bidders, and there will be only scrapped bids.

Legal basis: Article 51 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China In any of the following circumstances, the bid evaluation committee shall reject the bid.

A) the bidding documents are not signed by the bidder and the person in charge of the unit;

2) The bidding consortium did not submit a joint bidding agreement;

3) The bidder does not meet the qualifications specified in the state or bidding documents;

4) The same bidder submits more than two different bidding documents or bidding, except for the bidding documents requiring the submission of alternative bids;

E) the bid ** is lower than the cost or higher than the maximum bid limit set in the bidding documents;

6) the tender documents do not respond to the substantive requirements and conditions of the tender documents;

7) The bidder has colluded in bidding, fraud, bribery and other illegal acts.

It depends on what causes it:

1.Purchaser's Responsibilities.

The budget prepared by the purchaser deviates from the actual market reality, and the bidder is discouraged by the low budget. The bidding conditions are strict, and the qualification requirements are biased. If there is a major change in the procurement project, the purchaser shall voluntarily cancel the project.

2.Responsibilities of the Merchants.

Subjective reasons: the bid is incorrect, higher than the purchaser's budget. The bidding documents are not standardized and the information is incomplete. The content of the solicitation documents was not fully understood.

Objective original Qi Fuyin: less than 3 bidders.

3.Responsibilities of the reviewers.

The evaluation experts have interests with some bidding enterprises, and should avoid the project, but they have not avoided it, which affects fairness. If the results of the bid evaluation are questioned, the bid may be rejected.

4.Responsibilities of the Agency.

The bidding documents are shoddy, the documents are not standardized, and the scope of information disclosure is limited. It does not consider the objective reasons for major changes in the project itself and the lack of business shortages. In recent years, the bidding market has gradually become electronic, and the information has become more transparent, which has also curbed the atmosphere of unfair bid evaluation by bid evaluation experts.

Winning the bid is an important part of the bidding process, the purpose of which is to publicize the bidder's bidding results and finally determine the winning bidder. Under normal circumstances, if the winning bid has been announced, the possibility of scrapping the bid will be relatively small.

But,In some special cases, even if the winning bid has been announced, it is still possible to scrap the bid. For example:

1.There are strict and round files in the bidding documents that are wrong or illegal, which leads to chaos and chaos and leads to unfair or invalid bid evaluation results;

2.The winning bidder is found to have false publicity, unqualified quality or violation of bidding regulations;

3.The relevant ** department has issued an emergency notice or the relevant laws and regulations have changed, and it is necessary to re-bid or cancel the previous bidding results.

Therefore, although the announcement of the winning bid has been carried out, if the above special circumstances exist, the bid may still be scrapped.

Legal analysis: After the announcement of the winning bid, the tenderer shall not cancel the bid. After the winning bidder is determined, the winning bid result shall be announced on the procurement information release designated by the financial department.

The content of the announcement shall include the name of the bidding project, the list of winning bidders, the list of members of the bid evaluation committee, and the name of the bidding and procurement unit. At the same time as the announcement is issued, the bidding and procurement unit shall issue a notice of winning the bid to the winning bidder, and the notice of winning the bid has the same legal effect on the purchaser and the winning bidder. After the notice of winning the bid is issued, the purchaser changes the result of winning the bid, or the winning bidder gives up the winning bid, and shall bear the corresponding legal responsibility.

Legal basis: "Bidding and Bidding Law of the People's Republic of China" Article 9 If the bidding project needs to perform the project approval procedures in accordance with the relevant provisions of the state, it shall first perform the examination and approval procedures and obtain approval. The tenderer shall have the corresponding funds for the bidding project or the funds have been implemented, and shall be truthfully stated in the bidding documents.

After the announcement of the winning bid, the tenderer shall not scrap the bid.

This situation is rare, the owner finds the error, you can ask the organization of the bid evaluation committee to re-evaluate the bid, review all the bidding documents again, for the technical deviation does not meet the requirements of the bidder, according to the bid evaluation criteria to make a deduction or cancel the bid qualifications, by other bidders to become the winning bidder, and then submit the bid evaluation results to the tenderer. If there are less than three qualified bidders in the re-evaluation, there will be only scrapped bids.