How should a bidder challenge the outcome of a tender after the tender has closed? To the bidder or to the agency?

If bidders challenge the results of a tender after the tender has closed, they can raise it with the bidder, the bidding agent or the inspectorate. The public notice period is three days, which is the legal period for filing objections and challenges. Upon receipt of an objection or challenge, the bidder will first receive and issue a certificate of receipt and respond in writing. If there are misunderstandings or problems with the bidding documents, the bidder is required to take the initiative to clarify and correct them, and may be required to report to the administrative supervisory authority if it involves a violation of law or harms the interests of the bidders.

The bidder may ask the bid evaluation committee to provide a response to the challenge of the results of the bid evaluation, which will be processed and publicized in accordance with its opinion. The response to a challenge to a government procurement project shall be given within seven working days of receipt of the challenge. If a complaint is involved, the administrative supervisory authority will be responsible for handling it, and the bidder will be required to cooperate in providing relevant information and may be required to suspend the relevant contract during the handling period.

In the bid award procedure, the bidder determines the winning bidder based on the bid evaluation report and the recommended winning candidate. After the notice of award is issued, the bidder and the successful bidder are required to sign a written contract within the statutory period, and the successful bidder is not allowed to transfer the awarded project or to dismember the subcontract, unless with the consent of the bidder and in compliance with the relevant conditions. Any violation of these provisions will be subject to legal liability.

In general, when bidders have doubts about the winning results, they should communicate and complain in accordance with the stipulated procedures and organizations to ensure the fairness and legality of the whole bidding and tendering process.