Question 1: What should I do if I lose the bid winning notice? Call the agency and ask them to get another copy.

Question 2: The contract has been signed but I lost the previous bid winning notice. Generally speaking, the bidding winning notice should be archived. But the function of the bid winning notice is to notify you that you have won the bid and can sign a contract with you. Now that the contract has been signed, the purpose of the bid winning notice has been achieved and will not have a substantial impact on the contract.

Question 3: How to replace the bid winning notice if it is lost? If the notice is lost, you can ask the bidding unit to replace it. If the invoice is lost, you can ask the financial department to invalidate it and replace it.

Question 4: What should I do if the bid winning notice is lost and the bidding unit does not reissue it? In principle, 50 points will not be reissued. You can go to the bidding unit for further negotiation, or get a copy of the manuscript. If they really don’t want it, There is nothing you can do about it. If you lose it, of course you are responsible for it.

Question 5: After the bidding, the notice of winning the bid is issued. What should I do if I refuse to accept the bid? What does it mean that the bidder refuses to accept the bid? Is it because the tenderer is unwilling to sign a contract with the winning bidder, or the bidder does not fulfill its obligation to win the bid? , the contract has not been signed with the tenderer. If this is the case, you can refer to Articles 59, 60 and other relevant provisions of the "Tendering and Bidding Law".

If you have already entered into a contract, then learn about the relevant provisions of the Contract Law.

Question 6: What should I do if I lose our company’s bid winning notice? Can I get it replaced? Urgent, thank you. Go to the Construction Committee to get a replacement.

Question 7: The budget estimate is omitted in the bidding. What should I do if the bid winning notice is issued? This depends on the bidding instructions, quotation instructions and contract terms of the bidding document. Under normal circumstances, there are corresponding regulations

Question 8: Sample letter of introduction to the unit. Notification of winning the bid is lost. The incoming survey and design unit enters the market to undertake engineering survey and design project registration and filing management procedures. 1. Document review. The foreign survey and design unit enters our country. For projects contracted by the city, the following information must be submitted to the Municipal Housing and Urban-Rural Development Committee for review when filing for registration: 1. A letter of introduction from a foreign survey and design unit; 2. An "Application Report" for applying to enter the city's survey and design market; 3. A foreign survey and design unit The "Registration Form" needs to be filled in; 4. The bid winning notice or project power of attorney for the engineering survey and design project to be contracted; 5. Enterprise qualification certificate (original and photocopy, and the photocopy should be stamped with the original drawing-producing seal of the unit) ; 6. Enterprise business license (original and photocopy); 7. Relevant documents and original and photocopies of professional title certificates, academic certificates, and ID cards of the person in charge and technical person in charge of the business entrusted (appointed) by the enterprise legal person to enter Shiyan (The technical person in charge should be a senior engineer or registrar, and the original and copy of the registered practicing certificate must also be provided). The copy of the registered practicing certificate should be stamped with the original registration seal; 8. The main survey and design of the business that the enterprise enters Shiyan City to undertake List of personnel (including registered practitioners) and original and photocopies of registered practicing certificates, academic certificates, professional title certificates, and ID cards. Copies must be stamped with the official seal of the unit, and copies of registered practicing certificates must also be stamped with the original registration seal; drawings The signature of the person appearing on the project registration form must be consistent with the signature on the project registration form provided; 9. Enterprises from other provinces must also go through registration and filing procedures with the Hubei Provincial Department of Construction; 10. Review other information deemed necessary by the management department. 2. Relevant requirements 1. For Grade A and Grade B survey and design units entering the market from outside, the number of registered practitioners among the full-time technical backbones shall not be less than one person in each major. 2. Foreign survey and design units that enter Shiyan to undertake business must abide by relevant national, provincial and municipal laws, regulations and rules, and consciously accept the management of the municipal construction administrative department. Any violation of laws, regulations and rules that disrupts market order, If the actual operation is inconsistent with the declared content, the quality of survey and design is reduced, or a major liability accident occurs, corresponding penalties will be imposed and the city's survey and design market will be cleared.

Foreign engineering survey and design units entering the market to undertake engineering survey and design project registration and filing form Person's position, title, mailing address, postal code, contact number, company supervisor's affiliation (central enterprise working committee, local, other), earliest establishment time, industrial and commercial registration time, company type, business license, registration number, registered capital (10,000 yuan), engineering survey: engineering design: existing qualifications Level special project design: General contracting of the project with scope of tasks and certificate number: Others: Total number of employees Number of retired personnel Among them, total number of technical personnel Number of retired personnel Senior professional titles Intermediate professional titles Junior professional titles Technical backbones Total number of technical backbones Level 1 registration Number of retirees of architects, registered second-level architects, number of retired persons, registered practicing first-level registered structural engineers, their number of retired persons, personnel situation, number of retired persons in the registered structural register of level two, registered geotechnical engineers, number of retired persons, other retired persons Number of personnel The unit’s official seal, legal person seal, seal (qualification seal), and contract-specific seal impression review status: Signature of the legal representative of the unit: Date of sealing 2. Registration of the main survey and design personnel who enter Shiyan City to undertake engineering survey and design projects Table (official seal of the unit): Sequential year of survey and design Name Professional title Major studied Personal signature Remarks number Age of service Note: 1. This form mainly fills in the technical personnel who undertake the Shiyan construction project; 2. The relevant review and inspection departments will check The technician's signature is in handwriting, so the "Signature" column of this form must be signed by the technician himself. 3. Registration form (official seal of the unit) for registered practitioners who enter Shiyan City to undertake project survey and design: Sequence Registration Category Name Practicing Seal Number Practicing Seal Seal Sample Signature Number and Level Note: 1. This form mainly fills in the registration for undertaking Shiyan construction projects Practitioner; 2. The relevant review and inspection department will check the signature and handwriting of the registered practitioner, so the "Signature" column of this form must be signed by the registered practitioner himself. 4. Situation of the engineering survey and design project to be undertaken Project name, address, contact number of the construction unit, method of undertaking Direct entrustment □ Open bidding □ Invitation bidding □ Other □ Project scale:...>>

Question 9: Can a bid winning notice be revoked unilaterally? Recently, a unit consulted us, saying that their company participated in the bidding as a bidder, but won the bid, and the tenderee also issued a bidding winning notice to their unit. However, due to the organizational adjustment of the bidding unit, the original project design changed, so the tenderer issued a notice to the bidders, saying that due to the changes in the project design, all the original bidding was invalid and a new bid was required. As the bidder, their unit did not agree to re-bid, resulting in a dispute between the two parties. This unit would like to inquire whether the notice of winning the bid can be unilaterally revoked? Is it legal for the tenderer to unilaterally declare the bid winning notice invalid on the grounds of design changes? After research and discussion, Jones Day Real Estate lawyers believe that the notice of winning the bid cannot be unilaterally revoked or terminated at will, and the tenderer cannot revoke the notice of winning the bid on the grounds of changes in engineering design. Otherwise, it will constitute a breach of contract, and he should bear the liability for breach of contract and compensate for this. Losses caused by the bidder. First of all, according to the second paragraph of Article 45 of my country's "Tendering and Bidding Law": "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, the tenderer changes the result of the winning bid, or the winning bidder abandons the winning project. "The notice of winning the bid is a document issued by the bidding party, but it is an accessory material to the legal relationship between the bidder and the bidder, and is an integral part of the bidding document contract. Part, has the same legal effect as the bidding documents, and both parties must strictly abide by them. Otherwise, it will be regarded as a breach of contract and you will be liable for breach of contract. In addition, this point is also very obvious from the provisions of Article 46 of the "Tendering and Bidding Law". Article 46 of the "Tendering and Bidding Law" stipulates: "The tenderer and the winning bidder shall, within thirty days from the date of issuance of the bid winning notice, enter into a written contract in accordance with the bidding documents and the winning bidder's bidding documents." Secondly, since the bid winning notice It is legally binding on both parties to the bidding and bidding, and must strictly follow the provisions of my country's "Contract Law" on revocation and termination of contracts, and revocation or termination must be carried out in accordance with legal procedures and conditions. Otherwise, it will constitute a breach of contract, so I hope everyone will pay special attention when conducting bidding activities. Again, after analysis and discussion, Jones Day’s real estate lawyers believe that the issues consulted by the unit above and the engineering design changes alleged by the tenderer are only the unilateral actions of the tenderer and are not the result of consensus between the two parties. As explained above, In addition to not complying with the legal provisions of revocation and rescission stipulated in the Contract Law, it also does not fall within the theoretical change of circumstances under civil law. Because the situation change must meet the following four conditions: First, there must be the fact that the situation has changed. Second, the change of circumstances must occur after the contract is established and before performance is terminated. Third, the change of situation must be unforeseen by the parties and must be of an unforeseen nature. Fourth, the performance of the original contract is obviously unfair due to changes in circumstances. As for the situation mentioned by the unit above, the engineering design changes claimed by the tenderer did not meet these four conditions at all.

At the same time, the purpose of applying the principle of change of circumstances is to eliminate unfair results due to changes in objective circumstances, so that the contract can be performed or terminated on a fair basis. Its legal effect is usually reflected in the following two aspects: First, renegotiation, also known as "re-negotiation obligation", that is, one party can ask the other party to renegotiate the content of the contract. The second is to petition the people's court or arbitration institution to change or terminate the contract. To change the contract is to make changes based on the original contract only on the unfair points of the contract to balance the rights and obligations of both parties. Judging from the situation introduced by the unit above, this premise does not exist at all. Finally, we believe that the bidder can negotiate with the tenderer first. If the negotiation fails, it can be resolved through legal proceedings. The tenderer is legally required to bear the liability for breach of contract in accordance with the liability clauses in the bidding documents signed by both parties, and can The deposit may be returned, and the tenderer may also be required to compensate the bidder for all losses incurred as a result of participating in the bidding. The enlightenment this case gives us is that whether we sign a contract or not yet, we must strictly abide by the legal provisions. Only in this way can we establish a good business and economic order that is fair, orderly, and honest, develop the economy well, and strengthen the country and enrich the people!

Question 10: Can a bid winning notice be issued during the tendering complaint period? It is not possible to issue a bid winning notice!

The so-called bid winning notice refers to the written certificate issued by the tenderer to the winning bidder to notify the successful bidder of winning the bid. The content of the bid winning notice should be concise and to the point, as long as it is informed that the bidding project has been awarded, and the time and place for signing the contract are determined. The main content of the bidding winning notice should include: the name of the winning project, the winning price, the scope of the project, the construction period, and the start of construction. and completion date, quality level, etc.

For example:

For a *** investment project, during the public announcement period, the second winning bidder complained about the first winning bidder. After investigation and evidence collection, the local administrative supervision department made a cancellation. Qualifications of the first winning candidate. The first winning bidder was dissatisfied and submitted an administrative reconsideration to the higher-level administrative supervision department. The higher-level administrative supervision unit made an administrative review decision: revoking the original administrative supervision department’s opinion on disqualifying the first winning bidder, that is, determining that the second winning bidder was disqualified. 1. Qualifications of the winning candidate. In this case: the territorial administrative supervision makes a decision to disqualify the first winning candidate, and the superior administrative supervision decides to confirm the qualification of the first winning candidate after administrative reconsideration. What should the tenderer do? Are you waiting for them to go through the endless judicial process? Or for the construction of engineering construction projects, can I issue a notice of winning the bid? Should it be given to the first winning bidder or to the second winning bidder? Please help me with your colleagues.

Reply:

Judging from the situation introduced by the poster, it should be that the administrative review process has been completed, right?

If it has already been completed, just handle it according to the administrative reconsideration result of the superior administrative supervision department.

In other words, judging from the situation introduced by the poster, it is not a question of "whether the tenderer can issue a bid winning notice during the administrative review period", but "what should I do after the administrative review result comes out?" problem.

If it is still in the administrative review period and the administrative review procedure has not been completed, according to the provisions of the "Administrative Review Law", a bid winning notice can be issued.

For the relevant legal basis, see Article 21 of the "Administrative Review Law": "The execution of specific administrative acts will not be suspended during the administrative review period; however, execution may be suspended if one of the following circumstances occurs:

(1) The respondent believes that execution needs to be stopped;

(2) The administrative review authority believes that execution needs to be stopped;

(3) The applicant applies to stop execution, The administrative reconsideration authority believes that the request is reasonable and decides to stop the implementation;

(4) The law stipulates that the implementation should be stopped.

According to the "*** Management Measures for Tendering and Bidding for Procurement of Goods and Services." "(hereinafter referred to as the "Measures") stipulates that the agency shall send the bid evaluation report to the purchaser within five working days after the bid evaluation is completed. The purchaser shall, within five working days after receiving the bid evaluation report, determine the winning supplier in accordance with the order of bid-winning candidate suppliers recommended in the bid evaluation report. From this, if the purchaser entrusts an agency to purchase, the time to determine the winning supplier should be within ten working days after the bid evaluation is completed. Therefore, industry experts generally believe that the time to determine the winning bidder should not exceed ten working days.

According to the provisions of Article 62 of the "Measures", after the winning supplier is determined, the winning result shall be announced on the *** procurement information release media designated by the financial department. At the same time as the announcement is made, the bidding and procurement unit shall issue a bid winning notice to the winning bidder. Therefore, if the procurement activity is not suspended due to complaints, the bid winning notice should be issued within eleven working days after the bid evaluation is completed.