A, received a letter of challenge
The supplier's challenge exceeds the scope of the purchaser's authorization of the procurement agency commissioned, the procurement agency shall inform the supplier to the purchaser.
The purchaser is responsible for the supplier's challenge response. Purchaser entrusted to the procurement agency procurement, the procurement agency within the scope of the entrusted authorization to respond.
Based on: "Regulations for the Implementation of the Government Procurement Law," Article 52, paragraph 2, "Measures for Challenges and Complaints in Government Procurement," Article 5, paragraph 1
Two, review whether the challenger has the qualification of the challenge
1. Timeliness of the challenge
The supplier believes that the procurement documents, the process of the procurement, the successful bidder or the result of the transaction to the detriment of their rights and interests, they may Within 7 working days from the date when it knows or should know that its rights and interests have been harmed, it may submit a written challenge to the purchaser or the purchasing agent.
Article 52 of the Government Procurement Law stipulates that the date on which the supplier should have known that his rights and interests have been jeopardized refers to: (1) the date of receipt of the procurement documents or the date of expiration of the period for publication of the procurement documents in the case of a challenge to the procurement documents that can be challenged; (2) the date of the conclusion of the procurement proceedings in the case of a challenge to the procurement process; (3) the date of expiration of the period for publication of the results of the award of the contract or the sale of the contract, the date of expiration of the period for publication of the results of the contract or sale of the contract, the date of the award of the contract or sale of the contract. (c) The date of expiration of the period for the announcement of the successful bid or the result of the transaction.
Basis: Article 52 of the Government Procurement Law, Article 53 of the Regulations for the Implementation of the Government Procurement Law, Article 10, paragraph 1 of the Measures for Challenges and Complaints in Government Procurement
2. Subjective qualifications of the challenger
The supplier who makes the challenge shall be a supplier participating in the procurement activities of the item being challenged. Potential suppliers who have obtained the procurement documents they may challenge in accordance with the law may challenge the documents.
Based on: "Government Procurement Challenges and Complaints Measures," Article XI
3. Entrusting an agent to challenge
The supplier may entrust an agent to challenge. Its power of attorney shall set out the agent's name or name, agency matters, specific authority, duration and related matters. Supplier is a natural person, should be signed by myself; supplier is a legal person or other organization, should be signed or stamped by the legal representative, the main person in charge, and stamped with the official seal. Agent to challenge, should be submitted to the supplier signed power of attorney.
Based on: "Government Procurement Challenges and Complaints," Article VIII
Three, the review of the challenger's challenge to the content, format
Suppliers to challenge should be submitted to the challenge letter and the necessary supporting materials.
Four, do a good job of registering the acceptance of the letter of challenge
For the formal acceptance of the challenge, you need to do a good job of the relevant registration, including: the name of the challenge unit, contact address, zip code, contact information, legal person (authorized representative) name and identity card number, the name and number of the challenge project, the challenge to the receipt of the time and so on. If the challenge for the face to face, need to register to receive the location, and by the submitter and receiver of the signature; if the challenge by mail, need to register the mail number and the name of the sending company.
V. Investigation before responding to the challenge
Government procurement evaluation experts should cooperate with the purchaser or the procurement agency to respond to the supplier's challenge.
The supplier of the evaluation process, winning or closing results of the challenge, the purchaser or procurement agency may organize the original bid evaluation committee, competitive negotiation team, inquiry team or competitive consultation team to assist in responding to the challenge.
Based on: "Regulations for the Implementation of the Government Procurement Law," Article 52, paragraph 3, "Measures for Challenges and Complaints in Government Procurement," Article 14
VI. suppliers and other suppliers concerned.
(Based on: "Government Procurement Challenges and Complaints Measures," Article XIII)
2. Content of the challenge response
The challenge response shall include the following: (a) the name or name of the supplier of the challenge; (b) the date of receipt of the challenge letter, the name of the challenge and the number of the project; (c) the questioned matter, the challenge response to the specific contents of the factual and legal grounds ; (d) inform the questioning supplier's right to complain according to law; (e) the name of the challenge respondent; (f) the date of the response to the challenge.
The content of the challenge response shall not involve trade secrets.
(Based on: "Government Procurement Challenges and Complaints Measures" Article 15)
3. Points of the challenge response
Purchasers, procurement agencies that the supplier's challenge is not established, or established but does not constitute an impact on the winning bid, the results of the transaction, to continue to carry out the procurement activities; that the supplier's challenge is established and affects, or is likely to affect the winning bid, the results of the transaction. Handled in accordance with the following:
(a) the challenge to the procurement documents, in accordance with the law through clarification or modification can continue to carry out procurement activities, clarification or modification of the procurement documents to continue to carry out procurement activities; otherwise should be modified after the procurement documents to re-open the procurement activities;
(b) on the procurement process, the successful bidder or bidder or the results of the challenge, qualified suppliers meet the
Questioned the response to the winning bid, the results of the transaction change, the procurement agency shall report the situation in writing to the financial sector at this level.
Based on: "Government Procurement Challenges and Complaints" Article XVI
VII, the end of the archives
Questioned the process of responding to all the documents produced by the material should be filed as part of the procurement documents.
Based on: "Government Procurement Law," Article 42, paragraph 2
More about engineering/service/procurement bid writing production, to enhance the winning rate, you can click on the bottom of the official website customer service for free advice:/#/?source=bdzd