Under what circumstances will a tender be voided?

There are three elements for determining the invalidity of bidding: first, there is an illegal act; second, the result of a substantial impact on the winning of the bid; Third, remedial measures cannot be taken to correct it. Illegal bidding procedure:

Do not publish prequalification announcements and bidding announcements in state-designated media; The time limit for the sale, clarification and modification of prequalification documents and bidding documents does not meet the statutory requirements; The time limit for submission of prequalification application documents determined by the tender documents does not meet the statutory requirements.

1. Illegal bidding: the content of the announcement of the same bidding project published in different media is inconsistent; Failure to prequalify in accordance with the criteria and methodologies set out in the prequalification documents, or the components of the Qualification Committee do not meet the statutory requirements; The tenderer or the bidding agency restricts the exclusion of potential bidders; The tenderer or the bidding agency discloses to others the name and number of potential bidders who have obtained the bidding documents or other circumstances related to bidding that may affect fair competition, or discloses the bottom of the bid; collusion between the tenderer or the tendering agency and the bidder; The bidding agency bids or bids in the bidding project.

2. Circumstances in which the statutory bid is invalid:

If the bidder has one of the following circumstances, the bid is invalid.

A) not in accordance with the provisions of the tender documents to submit the bid bond;

2) The bidding documents are not signed and sealed in accordance with the requirements of the bidding documents;

C) do not have the qualification requirements specified in the bidding documents;

4) ** exceeds the budget amount or the maximum price limit specified in the bidding documents;

E) the tender documents contain additional conditions that are unacceptable to the purchaser;

6) other invalid circumstances stipulated in laws, regulations and bidding documents.

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The details are summarized as follows:

1. There is no unit seal and no signature or seal of the legal representative or the person authorized by the legal representative, or the legal representative entrusts the person without a legal and valid power of attorney (original) and the seal of the entrusted person;

2. Failure to fill in the prescribed format, incomplete content or blurred and illegible keywords;

3. Submit two or more bidding documents with different contents, or report two or more ** for the same bidding project in a bidding document, and do not declare which one is valid, except for the submission of alternative bidding plans in accordance with the provisions of the bidding documents;

4. The name or organizational structure is inconsistent with that of the pre-qualification;

5. Failure to submit a bid bond or bid bond as required by the bidding documents;

6. The consortium bidding is not accompanied by the joint bidding agreement of the consortium parties;

7. Bidding in the name of others, collusive bidding, bribery to win the bid, or bidding in other fraudulent ways;

8. Significantly lower than other bids or significantly lower than the bottom of the bid when there is a bid floor, the bidder cannot reasonably explain or cannot provide relevant supporting materials, or is determined by the bid evaluation committee to be ** may be lower than its individual cost, and refuses to make a written explanation and provide relevant supporting materials as required;

9. The bidding documents fail to make a substantive response to the bidding documents.

Legal basis: Article 3 of the Bidding and Bidding Law.

Bidding must be carried out for the following engineering construction projects within the territory of the People's Republic of China, including the survey, design, construction, supervision of the project, and the procurement of important equipment and materials related to the construction of the project

1) Large-scale infrastructure, public utilities and other projects related to the public interest and public safety;

2) Projects that use all or part of state-owned funds for investment or state financing;

3) Projects that use loans and aid funds from international organizations or foreign countries. The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department in conjunction with the relevant departments and submitted for approval. If the law or the scope of other projects that must be tendered have provisions, follow those provisions.

Legal analysis: Yes, but a report will generally be made, which details the process of bid opening and evaluation, and the bidding **. Of course, the specific reason for the scrapping will also be indicated.

Laws, regulations, rules and regulations of the scrapping of the bid, the tenderer can not be excluded through the bidding documents, the bid evaluation committee shall strictly abide by.

Legal basis: Article 13 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China The tendering agency shall carry out the bidding business within the scope of its qualification license and the tenderer's entrustment, and no unit or individual shall illegally interfere. The bidding business of the bidding agency shall comply with the provisions of the Bidding Law and these Regulations on the tenderer.

The bidding agency shall not bid or bid in the bidding project, nor shall it provide consultation to the bidders of the bidding project. The bidding agency shall not alter, lease, lend or transfer the qualification certificate. Article 19 After the end of the prequalification, the tenderer shall promptly issue a notice of prequalification results to the prequalification applicant.

Applicants who fail to pass the prequalification are not eligible to bid. If there are less than 3 applicants who have passed the prequalification, they shall be re-tendered. Article 20 If the tenderer adopts the post-qualification method to conduct a qualification examination of the bidder, the bid evaluation committee shall review the bidder's qualifications in accordance with the standards and methods specified in the bidding documents after the bid is opened.

Article 21 The tenderer may make necessary clarifications or modifications to the prequalification documents or bidding documents that have been issued. If the content of the clarification or modification may affect the preparation of the prequalification application documents or bidding documents, the tenderer shall notify all potential bidders who have obtained the prequalification documents or bidding documents in writing at least 3 days before the deadline for submitting the prequalification application documents or at least 15 days before the bidding deadline; Less than 3 days or 15 days, the tenderer shall extend the deadline for submitting prequalification application documents or bidding documents. Article 22 potential bidders or other interested parties have objections to the prequalification documents, shall be submitted 2 days before the deadline for submitting prequalification application documents; If there is any objection to the bidding documents, it shall be submitted before the deadline for bidding.

The tenderee shall reply within 3 days from the date of receipt of the objection; Before replying, bidding and bidding activities shall be suspended. Article 23 The content of the prequalification documents and bidding documents prepared by the tenderer violates the mandatory provisions of the law and administrative regulations, violates the principles of openness, fairness, impartiality and good faith, and affects the prequalification results or the bidding of potential bidders, the tenderer of the project that must be tendered according to law shall re-bid after modifying the prequalification documents or bidding documents. Article 24 The tenderer shall comply with the relevant provisions of the Tendering and Bidding Law if the tenderer divides the bidding project into bidding sections, and shall not use the division of bids to restrict or exclude potential bidders.

The tenderer of the project that must be tendered in accordance with the law shall not use the division of bids to avoid the bidding.

First, the project scrapped standard.

Can it be re-tendered.

Yes, you can start the second tender immediately. According to the "Measures for Bidding and Bidding for the Construction of Engineering Construction Projects".

The third paragraph of Article 38 stipulates: "Bidding documents shall be submitted for projects that must be tendered for construction in accordance with the law.

If there are less than three bidders, the tenderer shall re-bid in accordance with the law after analyzing the reasons for the failure of the bidding and taking corresponding measures. If there are still less than three bidders after re-bidding, it is a construction project that must be approved and approved, and the bidding may no longer be carried out after the original examination and approval and approval department is submitted for examination and approval; For other engineering construction projects, the tenderer may decide not to bid for other projects at its own discretion. ”

According to the "Measures for Bidding and Bidding of Goods for Engineering Construction Projects.

Article 34, paragraph 4, "if there are less than three bidders submitting bidding documents, the tenderer shall re-bid in accordance with the law. If there are still less than three bidders after re-bidding, the construction project that must be tendered may no longer be tendered after reporting to the relevant administrative supervision department for the record, or the bid opening and evaluation of two qualified bidders. ”

2. Notice of winning the bid.

What can be invalidated after it is issued?

As long as it is proved that the relevant acts violate the Regulations for the Implementation of the Tendering and Bidding Law and the Tendering and Bidding Law of the People's Republic of China.

If the bid is not corrected, the bid can be scrapped after the notice of winning the bid is issued.

Article 81 of the Regulations for the Implementation of the Tendering and Bidding Law Article 81 The bidding and bidding activities of the project that must be tendered in accordance with the law violate the provisions of the Tendering and Bidding Law and these Regulations, and have a substantial impact on the results of winning the bid, and cannot take remedial measures to correct it, the bidding, bidding and winning the bid shall be invalid, and the bidding shall be re-tendered or evaluated in accordance with the law.

Bidding is also referred to as bidding. Bidding and bidding is an act of commodity trading, two aspects of the transaction process. Tendering and bidding is an international practice and a commodity economy.

The product of a high degree of development is the application of technology, economic methods and a market economy.

The role of the competition mechanism is organized in a merit-based way of trading. In this way, in the procurement of goods, projects and services, the tenderer attracts a large number of bidders to compete in accordance with the same conditions through the procurement and requirements announced in advance, and organizes technical, economic and legal experts to conduct a comprehensive evaluation of many bidders in accordance with the prescribed procedures, and selects the winning bidder of the project from the best of the best. Its essence is to obtain the best goods, works and services at a low level.

It can be voided after bidding. Scrap bid need to be decided by experts in the bid evaluation process, the bidding deadline expires when the bidder is less than three, the tenderer shall re-bid in accordance with the law, after the re-bidding bidder is still less than three, reported to the relevant administrative supervision departments for approval can no longer be tendered.

Article 45 of the Tendering and Bidding Law.

After the winning bidder is confirmed, 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 results of winning the bid, or the winning bidder gives up the winning project, it shall bear legal responsibility in accordance with the law.

Article 60. If the winning bidder does not perform the contract signed with the tenderer, the performance bond 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.

If the contract cannot be performed due to force majeure, the provisions of the first two vertical losses shall not apply.

Legal analysis: In the bidding and procurement, if one of the following circumstances occurs, the bid shall be scrapped:

A) meet the professional conditions of the first business or to the bidding documents to make a substantive response to the business less than three;

2) There are violations of laws or regulations that affect the fairness of procurement;

3) The bidder's ** jujube burial exceeds the procurement budget, and the purchaser cannot pay;

4) Due to major changes, the procurement task is cancelled.

Legal basis: Civil Code of the People's Republic of China Article 709 The bidding and bidding activities of construction projects shall be carried out openly, fairly and justly in accordance with the provisions of relevant laws. Stool pose.