What does it mean when the cover of the original copy of a hidden bid requires a seal and the name of the bidder cannot appear in the text? Can the official seal replace the "sealed" seal when sealing the bid? It is not a hidden bid, and the bidder's name is required to be written on the cover. What are the legal effects of the official seal?
Effectively, according to the provisions of the "National Bidding and Bidding Law of the People's Republic of China", the official seal of the bidding unit must be affixed where the bid is sealed. There is usually a special sealing strip for sealing the label, but many units seal it themselves and then stamp it with their official seal. The cover must indicate the name of the bid, the bid package number, the bidder's name and other information
Bid package 1 and bid package 2 are the package number. Whether the cover of the bidding document is "Bidder: (legal name)" is stamped Company seal
There are regulations in the bidding documents.
The original text of the Bidding and Bidding Law is: If the cover of the bidding document is not stamped with the official seal of the bidding applicant's unit and the seal of the legal representative, or the signatures are incomplete, it will be treated as an invalid bid.
Please note that there is an ampersand in the middle, so it is understood that if it is not stamped with the official seal and cannot be stamped or signed by the personal representative, it will be treated as a waste bid; if either of the two is the case, This cannot be used as a basis for canceling the bid. This understanding is generally accepted, and is the same interpretation found in each province’s understanding of bidding laws or local bidding regulations.
But compared with what you described, we can find that the bidding documents have actually changed the original meaning of this clause, and it has become an indispensable part of the official seal and legal person seal. Now that the bidding documents have been issued, and no bidding unit has raised objections to it before the bid opening, then the bidding documents will naturally prevail at the bid opening stage. I guess this is why your bid document was rejected during the bid opening and neither the regulatory authorities nor the notary raised any objections. Therefore, if this paragraph is the original text of the bidding document, then you have no choice but to accept this result.
It is recommended that you carefully study the provisions of the Bidding and Bidding Law regarding this article and learn lessons for the next bid. If there is such a provision again, you will object to it on legal grounds and let the tendering party follow the law. The definition of changes to the requirements of the bidding documents. The name of the bidder should be marked on the electronic document medium. What does this mean?
That is to say, you must put a label on the USB flash drive or CD with your company name. Because there are many bidders and all have USB flash drives containing electronic bidding documents, how can the judges know which USB flash drive belongs to which company? How should the bidder's name be filled in the bidding document? Are you filling in the name of the company?
The company name on the business license does not refer to natural persons!
Is the name of the bidder a person or a company?
Generally it is a company or a legal entity. Some projects allow individual industrial and commercial households to register. In this case, it is the name of the person
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I have consulted this question on the Bibi Bidding APP. When writing a bid, the 'bidder' refers to is the subject of the bid. Generally speaking, whatever identity you use to bid is what you write. The issue of sealing the cover of the bidding document invalidates the bid
If the bid invalidation clause you recorded is the original text of the bidding document, you may be disappointed.
The original text of the Bidding and Bidding Law is: If the cover of the bidding document is not stamped with the official seal of the bidding applicant's unit and the seal of the legal representative, or the signatures are incomplete, it will be treated as an invalid bid.
Please note that there is an ampersand in the middle, so it is understood that if it is not stamped with the official seal and cannot be stamped or signed by the personal representative, it will be treated as a waste bid; if either of the two is true, This cannot be used as a basis for canceling the bid. This understanding is generally recognized, and is the same interpretation found in each province’s understanding of bidding laws or local bidding regulations.
But compared with what you described, we can find that the bidding documents have actually changed the original meaning of this clause, and it has become an indispensable part of the official seal and legal person seal. Now that the bidding documents have been issued, and no bidding unit has raised objections to it before the bid opening, then the bidding documents will naturally prevail at the bidding stage.
I guess this is why your bid document was rejected during the bid opening and neither the regulatory authorities nor the notary raised any objections. Therefore, if this paragraph is the original text of the bidding document, then you have no choice but to accept this result.
It is recommended that you carefully study the provisions of the Bidding and Bidding Law regarding this article and learn lessons for the next bid. If there is such a provision again, you will object to it on legal grounds and let the tendering party follow the law. The definition of changes to the requirements of the bidding documents. Does requiring bidders with similar performance exclude bidders?
The purpose of reviewing the qualifications of bidders is to eliminate bidders whose qualifications are not suitable for undertaking bidding projects during the process of canceling bids. Adopting the qualification review procedure can reduce the number of bid documents that the tenderee needs to review and compare, reduce the workload of bid evaluation, and save the cost and time of bid evaluation. Qualification review is not only a right of the tenderer, but also a method often adopted in most bidding activities. It is of great significance to protect the interests of the tenderer and promote the smooth progress of the bidding activities. The tenderer's approach to bidders should be based on specific circumstances such as the scale, complex procedures or technical difficulty of the project. At the same time, the tenderer should fully estimate the number of proposed bidders with the qualifications required to complete the project. In bidding activities, currently bidders often use the pre-qualification method, which can effectively control the number of bidders during the bidding process, greatly reduce the workload during bid evaluation, and ensure that project bidders select with higher efficiency. to satisfied bidders. The qualification review in bidding includes general review, including review of legal person status, corporate reputation, etc.; professional review includes review of bidders' qualifications, abilities, experience, etc. The requirements for bidding qualifications in this project do not fall within the scope of Article 32 (3) of the "Regulations on the Implementation of the Bidding and Bidding Law". "Regulations on the Implementation of the Tendering and Bidding Law" (3) refers to the performance of specific regions and specific industries, and refers to the performance of bidders who must belong to a specific administrative region or belong to a designated industry. The performance of specific projects is necessary and important in bidding activities. Not equivalent to industry performance in a specific industry. Similarly, bidders cannot regard the performance of the industry as the performance of the bidding product itself. For example, if a company has a very high qualification level but has never done any large-scale greening projects in residential areas, the tenderer will certainly not be able to entrust the project to such a company. Therefore, it is very important to stipulate in the qualifications whether similar projects of considerable scale have been done before, and it is not a condition that excludes potential bidders.