On January 11, the Zhengzhou Municipal Bureau of Urban and Rural Construction issued a notice emphasizing the need to do a good job in epidemic prevention and control in the bidding activities of engineering construction projects. The circular emphasizes that from now on, all engineering construction projects listed as medium- and high-risk areas will be suspended from bidding activities. Engineering construction projects in low-risk areas, according to the needs of the work, it is really impossible to suspend or postpone the construction projects, each bidder and bidding agency should reasonably arrange the staff in accordance with the provisions on epidemic prevention and control, minimize the number of personnel, enter the bidding area, the bidder is limited to 1 person, the bidding agency is limited to 2 people, and the staff cannot be from medium and high-risk areas or direct contact with confirmed cases, direct contact with people who have been isolated due to contact with confirmed cases, or indirect contact with confirmed cases through other channels.
The epidemic has been repeated again, there are many obstacles to bidding activities, the above "Notice" mentioned in the engineering construction projects in medium and high-risk areas, all suspend bidding activities, here there will be bidders who think of stopping bidding, so what is the difference between suspending bidding and stopping bidding? Xiao Yuan gives you a good talk~
Suspension of tenders:
In the process of project bidding, special circumstances lead to the need to suspend bidding activities, and the bidding activities will resume after the general reasons for suspension are eliminated.
Legal basis
Article 22 of the Regulations on the Implementation of the Law of the People's Republic of China on Bidding and Bidding Where potential bidders or other interested parties have objections to the prequalification documents, they shall submit them 2 days before the deadline for submitting the prequalification application documents; The tenderer shall reply within 3 days from the date of receipt of the objection; before making a reply, it shall suspend the bidding and bidding activities.
Article 54 of the Regulations on the Implementation of the Law of the People's Republic of China on Bidding and Bidding For projects that must be tendered according to law, the bidder shall publicize the winning candidates within 3 days from the date of receipt of the bid evaluation report, and the publicity period shall not be less than 3 days. Where bidders or other interested parties have objections to the results of the evaluation of projects that must be tendered in accordance with law, they shall raise them during the period of publicity of the winning candidate. The tenderer shall reply within 3 days from the date of receipt of the objection; before making a reply, it shall suspend the bidding and bidding activities.
Article 62 of the Regulations on the Implementation of the Law of the People's Republic of China on Bidding and Bidding Administrative supervision departments handling complaints have the right to consult and copy relevant documents and materials and investigate relevant circumstances, and relevant units and personnel shall cooperate. When necessary, the administrative supervision department may order the suspension of bidding and bidding activities.
Termination of Tender:
The bidding work had to be terminated due to force majeure or changes in the conditions necessary for the bidding project.
Under what circumstances can the tender be terminated?
1. For example, some of the prerequisites required for the initiation of the bidding project (such as approval and approval procedures, required funds, planning permits, etc.) have changed due to non-bidder reasons such as national industrial policy adjustments, planning changes, changes in the nature of land use, etc., resulting in the termination of the bidding work.
2. The tendered project has to be terminated due to force majeure: including natural factors (such as earthquakes, floods, tsunamis, fires, etc.) and social factors (such as the promulgation of new laws, policies, administrative measures, strikes, riots, etc.). Except for these special cases where the tender can be terminated.
What does the tenderer need to do after terminating the tender?
In the event of termination of the tender, the tenderer shall undertake the following obligations: it shall issue a public announcement in a timely manner or notify in writing the invited or potential bidders who have obtained the prequalification documents or solicitation documents. Where prequalification documents or bidding documents have been sold or a bidding deposit has been collected, the bidder shall promptly refund the fees collected for the prequalification documents and bidding documents, as well as the bidding deposits collected and the interest on bank deposits for the same period.
Legal basis:
Article 31 of the Regulations on the Implementation of the Law of the People's Republic of China on Tendering and Bidding Where a tenderer terminates a tender, it shall promptly issue an announcement or notify in writing to potential bidders who have been invited or have obtained prequalification documents or tender documents. Where prequalification documents or bidding documents have been sold or a bidding deposit has been collected, the bidder shall promptly refund the fees collected for the prequalification documents and bidding documents, as well as the bidding deposits collected and the interest on bank deposits for the same period.