Is it in accordance with the law to issue a notice of winning the bid, and then the two parties do n

Not in accordance with the law.

In practice, many bidding activities are delayed in signing the contract between the tenderer and the winning bidder after the bid is awarded, and the notice of winning the bid is also issued after the bid is awarded, that is, the contract cannot be signed. In many cases, the winning bidder proposes that this clause needs to be changed and that clause needs to be added. After many back-and-forths, the contract still could not be signed, and Shengsheng turned "contract signing" into "contract formation" (about the difference between contract signing and conclusion, the author wrote a separate article), which is basically equivalent to re-offering, committing, and re-offering and re-accepting.

This added a lot of trouble to the tenderer.

There are two reasons for the emergence of this situation, one is that the bidding documents do not have the full text of the contract prepared in advance as a document that needs to be responded to, but only find an ordinary, do not fully reflect the tenderer's wishes of the reference text or model text included in the bidding documents. Second, the bidding documents are one of the conditions for evaluating the bidder's response to the terms of the contract. In this regard, please refer to the author's other article "In this way, it is no longer difficult for the tenderer to sign the contract".

After the tenderer issues the notice of winning the bid, if the tenderer or the winning bidder refuses to enter into the contract, it will bear the liability for negligence or breach of contract. If the party bears liability for negligence in contracting, according to article 42 of the Contract Law, it shall compensate the other party for the losses caused by the violation of the principle of good faith, which is usually limited to the relevant expenses incurred by the other party in entering into a contract with it due to its reliance; If the liability for breach of contract is assumed, according to article 113 of the Contract Law, the amount of compensation is equivalent to the loss caused to the other party due to the breach of contract, including the benefits that the other party can obtain after the performance of the contract, that is, the loss of the other party's available benefits.

Legal 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.

Legal 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.

Legal analysis: According to Article 45 of the Tendering and Bidding Law: 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 unsuccessful bidders 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. The notice of winning the bid is equivalent to the determination of the content of the specific contract, but it does not constitute the legal effect of the commitment, so at this time, if either party does not sign a specific contract without reason, it constitutes liability for negligence in contracting.

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

If 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.