How to determine the most appropriate validity period of the tender

Legal analysis: The bidding documents shall indicate the validity period of the bidding high oak. 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 bidder's business risk.

Legal basis: Measures for Bidding and Bidding of Goods for Engineering Construction Projects

Article 28 The bidding documents shall stipulate an appropriate validity period for the bidding to ensure that the tenderer has enough time to complete the bid evaluation and sign the contract with the winning bidder.

Article 46 The evaluation and award of the bidding project shall be completed 30 working days before the end of the validity period of the bidding, and if it cannot be completed, the tenderer shall notify all bidders to extend the validity period of the bidding.

1. About the beginning and end of the validity period.

Neither the Construction Law nor the Tendering and Bidding Law make specific provisions on the validity period of bidding.

Article 29 of the Bidding Law stipulates: "The bidding documents shall stipulate an appropriate validity period for the bidding to ensure that the tenderer has sufficient time to complete the bid evaluation and sign the contract with the winning bidder." The validity period of the bid is calculated from the date of the deadline for the bidder to submit the bid documents.

Here it is clear that the start time of the validity period of the bid: "the date of the deadline for the tender documents", but there is no clear end time, for a period, it is meaningless to have only the starting time and no end time.

The model text of the bidding documents for construction projects is expressed as: "The validity period of the bid is from the deadline for bidding to the date of issuance of the notice of winning the bid. During this period, all solicitation documents remain valid".

This not only clarifies the starting time of the validity period of the bid, but also clarifies the end time, but is such a provision reasonable? If the winning bidder, after receiving the notice of winning the bid, takes into account its own unfavorable factors, and delays in signing the contract with the tenderer, it will substantially affect the smooth progress of the bidding work, and even make the bidding fail and bring losses to the tenderer. In this sense, it is clearly unreasonable to use the "date of issuance of the notice of award" as the end time of the validity period of the tender.

As we have mentioned earlier, the bidding activity is for the purpose of concluding a contract, and only when the two parties sign a contract and clarify the rights and obligations of both parties, the bidding can be regarded as the real end. Therefore, the end time of the validity period of the tender shall be "the date of the contract". So is it "illegal" to say this?

Of course not, the Model Text of Construction Project Bidding Documents is not a normative legal document and does not have general legal effect, and similar examples are not uncommon in practice.

Second, how to determine the period of validity of the bid.

According to laws and regulations, the main work that needs to be completed during the validity period of the bid includes: bid evaluation, bid awarding and issuance of the bid winning notice, and the contract is signed within 30 days after the issuance of the bid winning notice. The issuance of the notice of winning the bid is a procedural work, and the work itself does not take much time, and the time for signing the contract is clearly defined by law as "within 30 days".

Therefore, the validity period of the tender can be abbreviated as:

Validity period of bidding = bid evaluation and award time plus 30 days.

That is to say, the length of the validity period of the bid is mainly determined by the bid evaluation and award time. The main factors affecting this time generally include: the nature, characteristics, scale, size and complexity of the project quantity, the difficulty of bid evaluation, etc., and different industries and different regions are also different.

Practice shows that the bid evaluation time for important equipment and materials is about 15 30 days: the bid evaluation time for small and medium-sized projects is about 15 30 days; The bid evaluation time for large and medium-sized projects is about 20 60 days.

According to industry insiders, the current general bidding validity period is generally 60,120 days.

<> in the bidding documents, you often see the term bidding validity period, so what is the bidding validity period? What should I pay attention to when determining the validity period of a bid? The following is a specific introduction to this problem.

Definition of the validity period of the tender.

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.

According to the relevant provisions of the Contract Law, the bidding documents submitted by the bidder as the invitee are invitations. After the invitation takes effect through the opening of bids, the bidder can no longer withdraw it. Once the tenderer as the invitee makes a commitment and delivers it to the invitee, the contract is concluded and the invitee shall not refuse.

Before the expiration of the validity period of the bid, the bidder must bear the corresponding legal responsibility for the bidding documents submitted by himself.

Considerations for determining the validity period of a bid.

1.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 cannot make a commitment, it will greatly increase the business risk of the tenderer. In the pilot stage of centralized bidding and procurement, it is common for the tenderer to fail to issue a notice of winning the bid for three to five months or even longer after the bid is opened. In order to safeguard the interests of the bidder, the bidding and matching town must indicate the validity period of the bid in the bidding documents.

2.The validity period of the bid is calculated from the deadline for submission of bid documents, and generally does not exceed 90 days. Under normal circumstances, the validity period of centralized bidding procurement projects does not need to be 90 days.

If the tenderer adopts a more mature e-commerce method, it is not difficult to complete the bid evaluation, award the bid, issue the notice of winning the bid and sign the drug purchase and sales contract with the bidder within 30 days.

3.Bid evaluation and award should be completed 30 days before the expiration of the validity period of the bid. If the bid evaluation and award can not be completed 30 days before the expiration of the validity period of the bid, the tenderee shall notify all bidders of the extension of the validity period of the bid.

If the extension of the validity period of the bid causes losses to the bidder, the losses shall be compensated, except for those who need to extend the validity period of the bid due to force majeure.

Legal analysis: The termination time of the validity period of the bid is calculated from the time of bid opening and ends with the 60 days or 90 days agreed in the bidding documents.

Legal basis: "People's Republic of China Tendering and Bidding Law" Article 25 The tenderer shall indicate the validity period of the bid in the bidding documents. The validity period of the tender is calculated from the date of the deadline for submission of tender documents.

Regulations on Bidding and Bidding Article 26 The tenderer shall determine the reasonable time required for the bidder to prepare the bidding documents: from the date of issuance of the bidding documents to the date of submission of the bidding documents by the bidder, the shortest shall not be less than seven days. For projects that must be tendered in accordance with the law, the shortest time shall not be less than 20 days.