1 Electronic filing

Do electronic documents have the same legal effect as paper documents? Documents signed with electronic signatures (seals) in electronic bidding activities have the same legal effect as handwritten signatures or seals, provided that the electronic signature meets legal requirements. At the same time, electronic files formed by data messages can be used as evidence in litigation.

Do electronic biddings require paper filing? In electronic bidding transactions, paper documents are not necessary; relevant procurement documents for government procurement projects can be saved in electronic files; engineering construction projects should save corresponding paper files while storing electronic documents; enterprise voluntary bidding projects can be saved without paper files. Electronic filing can be used when submitting documents.

How long is the retention period of electronic documents? The retention period of electronic documents is determined according to the type of project, and government procurement documents are fifteen years. In enterprise bidding projects, the bidding documents for construction projects shall be kept permanently; for other projects, bidding documents and materials for important materials shall be kept for 30 years, and for general materials shall be kept for 10 years.

2 Use of Digital Certificate (CA) What is a digital certificate? A digital certificate is a string of numbers that marks the identity information of the communicating parties in Internet communications. The digital certificate is issued by the CA organization, an authoritative organization certified by the Ministry of Industry and Information Technology. It is a seal or seal (or seal) stamped on the digital ID card by the identity certification agency. say a signature added to a digital ID) that people can use to identify each other online.

How to apply digital certificates in electronic bidding? In electronic bidding activities, digital certificates are used for signatures of data messages, identification and signature of participating entities, encryption and decryption of bidding documents, etc.

The tenderer requires the bidder to put a red stamp on the paper copy and then upload the scanned copy as an electronic bidding document. Is this valid? The CA certificate in electronic bidding essentially replaces the original official seal of the unit. The tenderer requires paper documents to be stamped with the company's official seal and then scanned as electronic documents. They are just electronic copies of paper documents. Without electronic signatures, they have no legal effect in the context of electronic bidding.

However, for certain types of documents, it is still reasonable and necessary for the tenderer to require the use of hard copy scans. Third-party documents such as manufacturer's authorization letter and bank credit certificate must be signed or stamped by a qualified legal entity, then scanned into the bidding document, and finally signed and encrypted with a CA certificate to form a valid electronic bidding document.

3 Encryption and decryption of bidding documents The common practice of encryption and decryption is that the trading platform operator uses a key to encrypt and decrypt. In this way, there is no risk of improper operation by the bidder causing encryption and decryption failure, which will affect the smooth progress of the bid opening, but it is prone to the risk of errors and distrust of the trading platform operating organization; the bidder uses keys for encryption and decryption. There is no issue of errors and trust in the operating organization of the trading platform, but decryption failure may occur due to network communication conditions, poor bidder key management or operational errors, terminal software environment and other factors, affecting the bid opening efficiency and even causing various disputes; The tenderer and bidder jointly use a key to encrypt and decrypt. The trust level of all parties is the highest, but because the number of subjects involved in decryption operations increases, the risk of decryption failure is also the highest.

What should I do if the bidding document cannot be decrypted? The bid opening time has come and if the bid documents are not decrypted due to reasons of the bidder, the bid documents will be deemed to be revoked. If the bid documents are not decrypted due to reasons other than the bidder, the bid documents will be deemed to have been withdrawn, and the bidder has the right to demand compensation from the responsible party for direct losses suffered thereby. If some bidding documents are not decrypted, the opening of other bidding documents can continue. The tenderer may specify in the bidding documents the remedy plan for failure to decrypt the bidding documents, and the bidding documents shall respond in accordance with the requirements of the bidding documents.

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