I. Receiving the confirmation letter
If the query raised by the supplier is beyond the scope authorized by the purchaser to the procurement agency, the procurement agency shall notify the supplier to raise it with the purchaser.
The purchaser is responsible for the supplier's inquiry and reply. If the purchaser entrusts a procurement agency to purchase, the procurement agency shall make a reply within the scope of authorization.
Basis: Paragraph 2 of Article 52 of the Regulations on the Implementation of the Government Procurement Law and Paragraph 1 of Article 5 of the Measures for Questioning and Complaining about Government Procurement.
Two, review whether the questioner has the qualification to ask questions.
1. Timeliness of questions
If the supplier believes that his rights and interests have been damaged by the procurement documents, procurement process, bid winning or transaction results, he may, within 7 working days from the date when he knows or should know that his rights and interests have been damaged, raise a written question to the purchaser or procurement agency.
The suppliers stipulated in Article 52 of the Government Procurement Law should know the date when their rights and interests are damaged, which means: (1) the date when they receive the procurement documents or the date when the announcement period of the procurement documents expires if they question the procurement documents that can be questioned; (2) If there is any doubt about the procurement process, the date of the end of each procurement procedure shall prevail; (3) If there is any doubt about the winning bid or the transaction result, the date of the expiration of the announcement period of the winning bid or the transaction result shall prevail.
Basis: Article 52 of the Government Procurement Law, Article 53 of the Regulations for the Implementation of the Government Procurement Law, and Article 10, Paragraph 1 of the Measures for Questioning and Complaining about Government Procurement.
2. Questioning people's subjective qualification
The supplier who raises the question should be the supplier who participates in the procurement activities of the questioned project. If a potential supplier has obtained the procurement documents that he can legally question, he can question these documents.
Basis: Article 11 of the Measures for Questioning and Complaining about Government Procurement
3. The entrusted agent questioned
The supplier may entrust an agent to question. The power of attorney shall specify the agent's name, agency matters, specific authority, time limit and related matters. If the supplier is a natural person, it shall be signed by himself; If the supplier is a legal person or other organization, it shall be signed or sealed by the legal representative and the principal responsible person, and stamped with the official seal. When the agent raises a question, it shall submit the power of attorney signed by the supplier.
Basis: Article 8 of the Measures for Questioning and Complaining about Government Procurement
Three, the content and format of the review question.
When a supplier raises a query, it shall submit a query letter and necessary supporting materials.
Four, do a good job in the registration and acceptance of inquiry letters.
For officially accepted inquiries, relevant registration is required, including the name of the inquiry unit, contact address, postal code, contact information, name and ID number of legal person (authorized representative), name and number of inquiry items, time of receipt of inquiry, etc. In case of face-to-face questioning, the receiving place shall be registered and signed by the author and the recipient; In the case of mail inquiry, you need to register the mail number and the name of the sending company.
Verb (abbreviation for verb) answers the survey before asking questions.
Government procurement review experts shall cooperate with the purchaser or procurement agency to answer the supplier's questions.
If the supplier questions the bid evaluation process, bid winning or transaction results, the purchaser or procurement agency may organize the original bid evaluation committee, competitive negotiation team, inquiry team or competitive negotiation team to help answer questions.
Basis: Paragraph 3 of Article 52 of the Regulations on the Implementation of the Government Procurement Law and Article 14 of the Measures for Questioning and Complaining about Government Procurement.
Sixth, answer questions.
1. Time and form requirements for answering questions
The purchaser and procurement agency shall make a reply within 7 working days after receiving the inquiry letter, and notify the questioned suppliers and other relevant suppliers in writing.
(Basis: Article 13 of the Measures for Questioning and Complaining about Government Procurement)
2. Questioning the content of the reply
The reply to the query shall include the following contents: (1) Query the name of the supplier; (two) the date of receipt of the inquiry letter, the name and number of the inquired item; (3) The specific contents, factual basis and legal basis of the questions and answers; (four) inform the supplier of the right to complain according to law; (5) The name of the respondent; (six) the date of reply to the question.
The contents of the inquiry reply shall not involve trade secrets.
(Basis: Article 15 of the Measures for Questioning and Complaining about Government Procurement)
3. Questioning the main points of the reply
If the purchaser or procurement agency thinks that the supplier's inquiry is not established, or it is established, but it has not affected the bid winning and transaction results, it will continue to conduct procurement activities; If it is considered that the supplier's query is valid and affects or may affect the bid winning and trading results, it shall be handled according to the following circumstances:
(1) If the procurement documents are in doubt and can be clarified or modified according to law, the procurement activities shall be continued after the clarification or modification of the procurement documents; Otherwise, the procurement activities should be resumed after modifying the procurement documents;
(2) Questioning the procurement process, bid winning or transaction results, and if the number of qualified suppliers reaches the legal number, the bid winning or transaction suppliers can be determined separately from the qualified bid winning or transaction candidates, and the bid winning or transaction suppliers can be determined separately according to law; Otherwise, procurement activities should be resumed.
If the reply to the question leads to the change of the winning bid and the transaction result, the procurement agency shall report the relevant information in writing to the financial department at the corresponding level.
Basis: Article 16 of the Measures for Questioning and Complaining about Government Procurement
Seven, the end of the archive
All documents and materials produced in the process of answering questions shall be filed as part of the procurement documents.
Basis: Paragraph 2 of Article 42 of the Government Procurement Law.
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