The government procurement questioning period is 7 working days. If the supplier has questions, he or she must raise the questions in writing to the purchaser.
In government procurement, the challenge period is seven days.
The challenge period is generally for government tenders and refers to the period within which suppliers can raise questions to purchasers. According to my country's "Government Procurement Law", if a supplier believes that its rights and interests have been harmed by the procurement documents, procurement process, bid winning, and transaction results, it may file a written complaint in writing within seven working days from the date it knows or should know that its rights and interests have been harmed. form to question the purchaser. The purchaser shall respond within seven working days after receiving the supplier's written challenge and notify the questioning supplier and other relevant suppliers in writing, but the content of the reply shall not involve trade secrets. So, as far as government procurement is concerned, the challenge period is seven days.
What are the provisions of government procurement contracts?
The provisions regarding the change, suspension or termination of government procurement contracts include the following meanings:
1. Both parties to a government procurement contract may not change, suspend or terminate the contract without authorization.
This is the basic principle for the change, suspension or termination of government procurement contracts. According to this principle, neither the purchaser nor the winning bidder or supplier has the right to change, suspend or terminate the contract without authorization; during the performance of a government procurement contract, if the failure to continue performing the contract will harm national interests and social welfare** *In the case of interests, the purchaser and the winning bidder or supplier may not change, suspend or terminate the contract even if they reach an agreement through negotiation.
2. If the continued performance of a government procurement contract will harm the interests of the country and the public, both parties shall change, suspend or terminate the contract.
This is a legal obligation that purchasers and suppliers should fulfill. Regardless of the reason, once there is a situation where the continued performance of a government procurement contract will harm the national interests and the interests of the public, both the purchaser and the supplier are obliged to change, suspend or terminate the contract.
3. The party at fault shall bear the liability for compensation. If both parties are at fault, each shall bear corresponding responsibilities.
The reason why the continued performance of a government procurement contract will damage the national interests and social public interests may come from either the purchaser or the supplier. No matter which party it is from, as long as it is due to changes in the contract or If the suspension or termination causes losses to the other party, the party shall be liable for compensation; if both parties are at fault, they shall bear corresponding responsibilities respectively.
Questioning subject requirements: The supplier raising the question should be a supplier involved in the procurement activities of the questioned project. If a potential supplier has obtained its challengeable procurement documents in accordance with the law, it may challenge the documents. (Article 11 of the "Government Procurement Questions and Complaints Measures")
It should be noted that the scope of questioning is different between suppliers and potential suppliers participating in procurement activities. Potential suppliers can only raise questions about the procurement documents, and they should do so within 7 working days from the expiration of the time limit for obtaining the procurement documents or the announcement of the procurement documents. If you only purchase the procurement documents but do not participate in the procurement activities, you have no interest in the procurement process, bid winning or transaction results, and you cannot question or complain about the procurement process, bid winning or transaction results.
Under what circumstances can a question be raised?
a. Due to illegal bidding documents and pre-qualification documents, the rights and interests of bidders are harmed
b. Due to the bidding process (including bidding, bidding, bid opening, bid evaluation, bid determination and The rights and interests of bidders are harmed due to violations of laws and regulations when signing contracts)
c. The rights and interests of bidders are harmed due to violations of laws and regulations in bid evaluation results (engineering construction projects) or bid winning results (government procurement projects).
Legal Basis
"Government Procurement Law of the People's Republic of China"
Article 52
The supplier believes that If your rights and interests are harmed by the procurement documents, procurement process, bid winning, and transaction results, you may challenge the purchaser in writing within seven working days from the date you know or should know that your rights and interests have been harmed.