Operation process after winning the bid
Receive the notice of award to sign the contract refund bid deposit to pay the performance bond to prepare to start performing the contract
Tendering after the bidding, the bidder's workflow
1, the notice of award: the notice of award is issued to the successful bidder.
2. Announcement of winning bid: notify all unsuccessful bidders of the winning bid.
3, signing the contract: within 30 days after the issuance of the notice of award, the bidder and the successful bidder shall sign a written contract in accordance with the bidding documents and tender documents.
4, submit a written report: within 15 days after determining the successful bidder, the bidder shall submit a written report on the bidding situation to the relevant administrative supervision department. The written report shall include at least the following:
(1) the basic situation of bidding for goods;
(2) the bidding method and the release of the bidding notice or pre-qualification notice of the media;
(3) bidding documents in the bidding instructions to bidders, technical terms and conditions, evaluation criteria and methods, and the main terms of the contract;
(4) the composition of the bid evaluation committee and the Bid evaluation report;
(5) The result of winning the bid.
After winning the bidding
Workflow of the bidding party
1. Payment of performance bond: Payment is made within the 3-day public notice period after winning the bidding, and the performance bond shall not be more than 10% of the amount of the awarded contract.
2. Payment of the winning service fee: paid within 3 working days after the public notice period, the fee refers to the specific requirements of the bidding documents.
3. Receiving the notice of award: the notice of award can be received only after the payment of the performance bond and the award service fee.
4. Signing of contract: Within 30 days after the receipt of the notice of award, the successful bidder and the bidder shall sign a written contract in accordance with the bidding documents and tender documents.
5, the return of the bid deposit: the winning contract for the record, before receiving the refund of the bid deposit.
6. Refund of performance deposit: the refunded performance deposit can be collected only after the project acceptance is completed.
Successful performance of the contract
1. Obligations
After the conclusion of the contract, the successful bidder shall fulfill its obligations in accordance with the contract itself and complete the successful project; the successful bidder shall not transfer or disguise the successful project. The transfer of the awarded project means that the successful bidder transfers the awarded project back to another person, so that the other person becomes the actual completion of the awarded project.
The transfer of the winning project in practice has a great harm, so that the bidding is not real, the quality of the project has a serious impact. From the contractual legal relationship, the transfer of the winning project belongs to the unauthorized change of the contract subject of the breach of contract.
2, subcontracting restrictions
While the winning project can not be transferred, but can be subcontracted. The so-called subcontracting of the winning project, refers to the winning project to implement the general contracting of the winning bidder, part of the work of the winning project, and then contracted to others to complete the behavior. In principle, the successful bidder should independently fulfill the obligations of the successful bidder.
However, due to some bidding projects are relatively large and complex, in order to make the winning project can be better completed, the law allows the winning bidder in certain conditions, the winning project will be subcontracted to others. These conditions are:
(1) there is an agreement in the contract that allows subcontracting or the subcontracting has been agreed by the bidder;
(2) the subcontracting to others to complete part of the winning project is not the main body, non-critical work;
(3) the acceptance of the subcontracting should have the appropriate qualifications, and shall not be subcontracted again.
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