Of course. According to the second paragraph of Article 43 of the Government Procurement Law, the purchaser may entrust a procurement agency to sign government procurement contracts with suppliers on his behalf. Where a procurement agency signs a contract in the name of the purchaser, it shall submit the power of attorney of the purchaser as an annex to the contract.
2. How many days does it take to announce the government procurement contract in the designated media after signing it?
Within 2 working days. The legal basis is Article 50 of the Regulations for the Implementation of the Government Procurement Law. The purchaser shall publish the government procurement contract in the media designated by the financial department of the people's government at or above the provincial level within 2 working days from the date of signing the government procurement contract, except for the contents involving state secrets and commercial secrets in the government procurement contract.
3. Can the purchaser negotiate with the supplier to change the content of the purchase contract? You can't. According to Article 50 of the Government Procurement Law, both parties to a government procurement contract shall not change, suspend or terminate the contract without authorization. If the continued performance of the government procurement contract will harm the public interests of the state and society, both parties shall modify, suspend or terminate the contract. The party at fault shall be liable for compensation. If both parties are at fault, they shall bear corresponding responsibilities.
4. How to guarantee your construction company to win the bid to the maximum extent?
A construction enterprise affiliated to a group company has obtained the first-class qualification of general contracting of construction projects. Excuse me, how can the owner set the tender conditions in the projects that must be tendered according to law, and ensure his construction unit to win the bid to the maximum extent? Zhang Zhijun: The purpose of public bidding required by law is to fully compete and improve the efficiency of the use of construction funds, not to let everyone play a "luxury game" or perform a "secret trick" sketch. For all potential bidders, bidding should be fair and just competition. Setting corresponding conditions or evaluation factors through "tailoring" to achieve the purpose of winning the bid, no matter how perfect the process is, "packaging in a legal form" is essentially an illegal act.
5. What if different bidders submit the same qualification document?
Different bidders (A and B) submitted the same qualification documents (all information of Company A). What should I do? Is the (B bidder) whose qualification documents are misplaced invalid? Or should the bidder who got it right (Bidder A) also be rejected? Guo Xian: First of all, B's bid should be rejected; If there is further evidence to prove that B and A collude in bidding, A's bid shall be rejected together. B's bid documents have been submitted.
A's qualification documents, for whatever reason, can't meet the substantive requirements of the bidding documents for the qualification examination of bidders. According to Article 51 of the Regulations for the Implementation of the Bidding Law, "In any of the following circumstances, the bid evaluation committee shall reject its bid ... (VI) The bid documents do not respond to the substantive requirements and conditions of the bidding documents ..." It meets the statutory conditions for rejecting bids, so the bid of B shall be rejected. As for how to deal with A's bid, it depends on whether there is any evidence to prove that B and A collude in bidding. If so, reject the bids of A and B at the same time on the grounds of collusive bidding; Otherwise, A's bid will be reviewed normally.
Although Bidder B submitted the qualification documents of Company A, Bidder A did not mix the qualification documents of other bidders. Therefore, according to the collusive bidding situations listed in Article 40 of the Regulations for the Implementation of the Bidding Law, Party A and Party B cannot be directly identified as collusive bidding. However, if there is further evidence to prove that B and A have collusive bidding behaviors listed in Articles 39 and 40 of the Regulations for the Implementation of the Bidding Law, for example, B and A entrust the same person to handle bidding matters. , it should be based on Article 5 1 of the Regulations for the Implementation of the Bidding Law. "In any of the following circumstances, the bid evaluation committee shall reject its bid ... (7) Bidders have colluded in bidding, fraud, bribery and other illegal acts ...". If there is not enough evidence to prove that Party A and Party B collude in bidding, Party A's bid should be evaluated normally.
6. Negotiation strategy for single-source procurement?
Single-source procurement projects require the purchaser to organize relevant professionals to negotiate transaction prices with suppliers, but in price negotiations, the purchaser is often in a passive state. Is there any way to reduce the disadvantage of price negotiation? Zhang Zhijun: Before organizing negotiations, buyers should do a good job in market research and determine the bottom line of price negotiations. Article 31 of "Government Procurement Law" stipulates three legal application situations of single-source procurement projects: first, only one supplier can purchase; Second, it is impossible to purchase from other suppliers in an unforeseen emergency; Third, it is necessary to ensure the consistency of the original procurement items or supporting services, and it is necessary to continue to purchase from the original suppliers. The total amount of additional funds shall not exceed 10% of the original contract purchase amount. For the procurement project in the first case, the purchaser can try to know the sales price of the same goods or services provided by the supplier to other customers, so as to set the bottom line of price negotiation; For the procurement projects in the second and third cases, the purchaser can know the recent transaction price of similar products or services from the market in advance, so as to set the bottom line of price negotiation and then determine the reasonable transaction price.
7. What is the maximum bid price limit for the international bidding project of mechanical and electrical products?
For an international bidding project of mechanical and electrical products, the bidding documents require that the bidding method for domestic goods is DDP project site, and the bidding method for overseas goods is CIF Xiamen Port. If the tenderer sets the maximum bid price limit, should he set different maximum bid price limits according to different bidding methods?
Guo Xian: In view of the particularity of the scope of international bidding competition for mechanical and electrical products, the products subject to bidding may come from inside or outside the customs area. In order to ensure fairness and justice, when calculating the bid evaluation price, according to the provisions of Item (11) of Article 21 of the Implementation Measures for International Bidding and Bidding of Mechanical and Electrical Products (Order No.65438 of the Ministry of Commerce +0), the comprehensive cost of goods arriving at the project site is taken as the unified bid evaluation standard, that is, "CIF+import link tax+domestic transportation, insurance premium, etc." Among them, the products imported before the bidding deadline are: sales price (including import link tax and sales link value-added tax)+domestic transportation, insurance premium, etc. Products manufactured in customs territory are: ex-factory price (including value-added tax)+consumption tax (if applicable)+domestic transportation, insurance premium, etc. "Similarly, when setting the maximum bid price limit, bidders don't have to set different price limits for products at home and abroad. The tenderer may set a unified maximum bid price limit according to the comprehensive cost of goods arriving at the project site. If the quotation method of goods within the customs territory is DDP, and the comprehensive cost of goods arriving at the project site has been included, the highest bid price limit can be set directly; On the basis of CIF Xiamen Port, import link tax and domestic transportation insurance premium should be added as comprehensive cost calculation standards, and compared with the highest bid price limit, so as to fully embody the principle of fairness and justice.
8. Can the performance bond and quality bond be collected at the same time?
The tender document of a construction target stipulates that the winning bidder must pay 10% performance bond to the tenderer before signing the contract; At the same time, it is stipulated that the tenderer shall deduct 5% quality deposit when paying the first payment to the winning bidder until the defects liability expires. Excuse me: Can the project performance bond and quality bond be retained at the same time? Zhang Zhijun: No, the Notice on Clearing the Deposit in the Field of Standardized Engineering Construction issued by the General Office of the State Council (Guo Ban Fa [2016] No.49) stipulates that the deposit required to be paid by construction enterprises in engineering construction shall be cancelled, except for the bid bond, performance bond, project quality deposit and migrant workers' salary deposit established according to laws and regulations. The document also stipulates: "If the performance bond has been paid before the completion of the project, the construction unit shall not reserve the project quality bond at the same time." In addition, Article 6 of the Measures for the Administration of Quality Security Deposit for Construction Projects (Jian Jian [20 17] 138) also clearly stipulates: "If the performance security deposit has been paid before the completion of the project, the employer shall not reserve the quality security deposit for the project at the same time."
As far as this example is concerned, if the construction unit needs to reserve the project quality deposit, it shall withhold the corresponding proportion of the project quality deposit when paying the last project payment after the project performance is completed. In addition, it should be noted that, according to the provisions of Jian Zhi [20 17] 138, the total reserved proportion of quality deposit shall not be higher than 3% of the total settlement amount of the project price. In this case, the tenderer set a quality deposit of 5%, which violated the relevant provisions of the above documents.
9. On the issue of interim valuation
Auditing a general contracting project, the air conditioning and power distribution equipment in the general contracting contract appeared in the form of temporary evaluation, and the general contracting company did not conduct public bidding for the temporary evaluation. In the project settlement data, only the price of materials and equipment has been confirmed (signed by Party A), and the audit found that the price of the price confirmation document is higher than the market price. I would like to ask such a situation, in addition to pointing out that the general contracting company did not open tender, what kind of legal and regulatory basis is there for the confirmation form above the market price? Guo Xian: If the goods temporarily appraised in the general contracting contract fall within the scope of projects that must be subject to tender according to law and meet the scale standards stipulated by the state, they shall be subject to tender according to law. The first paragraph of Article 29 of the Regulations on the Implementation of the Bidding Law stipulates: "A tenderer may conduct general contract bidding for the project and all or part of the goods and services related to the project construction according to law. Projects, goods and services that are included in the scope of general contracting in the form of temporary evaluation belong to the scope of projects that must be tendered according to law and meet the scale standards stipulated by the state, they should be tendered according to law. " Article 7 of the Standard Provisions on the Scope and Scale of Bidding for Engineering Construction Projects stipulates: "All kinds of engineering construction projects within the scope stipulated in Articles 2 to 6 of these Provisions, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to bidding if they meet one of the following standards; (a) the estimated price of a single construction contract is more than 2 million yuan; (two) the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 6,543,800 yuan; (three) the estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 500,000 yuan; (4) The estimated price of a single contract is lower than the standards specified in items (1), (2) and (3), but the total investment of the project is more than 30 million yuan. " According to the provisions of the above laws and regulations, it should be specifically found out whether the materials and equipment under the temporary evaluation in the general contracting contract belong to the scope of the project that must be tendered according to law, and whether they meet the scale standards stipulated by the state. If so, the bidder shall bear the legal responsibility of avoiding bidding if it does not conduct bidding.
10. Potential bidders cannot reach the highest bid price limit, and the tenderee cannot adjust the control price. Is it compliance or other risks?
In the international bidding for process package of a petrochemical project, three potential bidders purchased the tender, including domestic bidder 1 and foreign bidder 2. After purchasing the bidding documents, two foreign bidders wrote to the tenderer, saying that the maximum bid price limit was too low to meet the requirements, and if the tenderer could not adjust the price limit, they would not participate in the bidding. After consideration, the tenderer decided not to adjust the control price. Are there compliance or other risks? Guo Xian: Paragraph 1 of Article 19 of the Bidding Law stipulates: "A tenderer shall prepare the tender documents according to the characteristics and needs of the project subject to tender. The tender documents shall include all substantive requirements and conditions such as the technical requirements of the project subject to tender, the bidder qualification examination standards, the bid quotation requirements and bid evaluation standards, and the main terms of the contract to be signed. " The third paragraph of Article 27 of the Regulations on the Implementation of the Bidding Law stipulates: "If a tenderer has a maximum bid price limit, it shall specify the maximum bid price limit or the calculation method of the maximum bid price limit in the bidding documents." Therefore, it is the legal right of the tenderer to determine the conditions and requirements of the tender documents, including setting the maximum bid price limit. Although potential bidders have different opinions, the tenderer has the right to decide whether to change the tender control price, and there is no compliance risk in deciding not to adjust the tender control price. However, from a practical point of view, if two of the three potential bidders say that they are unwilling to participate in the bidding because the maximum bid price limit is unreasonable, then the possibility of bidding failure is greater, and the tenderer should make a reasonable decision after weighing the pros and cons.
1 1. Can a supplier not be selected for the government procurement invitation bidding project?
When the government purchases goods and invites bidding projects, it collects suppliers by issuing pre-qualification announcements. In order to expand competition, the purchaser wants to stipulate in the procurement documents that all suppliers who have passed the qualification examination must participate in bidding. Excuse me, is it necessary to randomly select suppliers for inviting bidding projects? Is it possible for all qualified suppliers to participate in the bidding competition instead of choosing three suppliers? Zhang Zhijun: Personally, I am inclined to do so. Article 34 of the Government Procurement Law stipulates: "If goods or services are purchased by inviting public bidding, the purchaser shall randomly select more than three suppliers from the suppliers who meet the corresponding qualifications and send them an invitation to bid." The first paragraph of Article 14 of the Measures for the Administration of Bidding for Government Procurement of Goods and Services (Order No.87 of the Ministry of Finance) stipulates: "If inviting bidding is adopted, the purchaser or procurement agency shall generate a list of qualified suppliers in the following ways, and randomly select more than three suppliers from them to send them an invitation to bid: (1) issue a prequalification announcement for bidding; (two) to establish a supplier base from the financial department of the people's government at or above the provincial level (hereinafter referred to as the financial department); (3) Written recommendation of the purchaser. " Personally, the above statement in the Government Procurement Law of Decree No.87 of the Ministry of Finance implies a premise that "if the number of suppliers to be invited by the purchaser is less than the number of qualified suppliers, it is necessary to select more than three suppliers in a random way." If there is no such implicit premise in the government procurement invitation and bidding activities, such as the number of suppliers to be invited in the procurement documents is greater than the number of suppliers who have actually passed the qualification examination, or the purchaser intends to invite all qualified suppliers to participate in the bidding, it is not necessary to adopt the method of random selection. For example, if the procurement documents stipulate that more than six qualified suppliers are invited to bid, but in fact only five or six suppliers have passed the prequalification, in this case, there is no need to go through a meaningless random selection procedure.
12. After the bid-winning notice is issued, it is verified that the winning bidder does not meet the bid-winning conditions. What should I do?
After the tenderer of an international project subject to tender issues a bid-winning notice, the administrative supervision department verifies that there is a major error in the bid evaluation and the winning bidder does not meet the bid-winning conditions. Should the original bid evaluation committee be ordered to change the original bid evaluation results and re-publicize them according to Article 69 of the Implementation Measures for International Bidding and Bidding of Mechanical and Electrical Products (Trial) (Ministry of Commerce No.20 14 1), or according to OrderNo. 1 00? Guo Xian: Article 69, paragraph 3, of Decree No.200 1/2000. 1 stipulates that "if the original bid evaluation results change after the original bid evaluation committee has conducted examination and confirmation in accordance with the methods and standards specified in the tender documents, the changed bid evaluation results shall be publicized in accordance with these Measures." Article 108, paragraph 1 stipulates that "if the tendering and bidding activities of a project that must be subject to tender according to law violate the tendering and bidding law, the implementation regulations of the tendering and bidding law and the provisions of these measures, which have a substantial impact on the winning result and cannot be corrected by remedial measures, the tendering and bidding are invalid, and new tendering or bid evaluation shall be conducted in accordance with these measures." Paragraph 3 of Article 69 shall apply before winning the bid, and the original bid evaluation committee may correct the bid evaluation errors. However, after winning the bid, Article 69 can no longer be applied, but the provisions of Article 108 should be initiated to re-evaluate the bid or re-invite bids. Because after winning the bid, the wrong bid evaluation result "has a substantial impact on the bid evaluation result and cannot be corrected by remedial measures", so only article 108 can be applied. After the bid-winning notice is issued, it has legal effect, and a contractual relationship has been established between the tenderer and the winning bidder. Therefore, according to the second paragraph of Article 45 of the Bidding Law, the bid-winning notice has legal effect on the tenderer and the winning bidder. After the bid-winning notice is issued, if the tenderer changes the bid-winning result or the winning bidder abandons the bid-winning project, it shall bear legal responsibility according to law. "The tenderer shall not change the bid-winning result without authorization, but it shall be deemed invalid by the administrative supervision department, and shall be ordered to re-evaluate the bid or re-tender. In addition, Paragraph 2 of Article 1 08 of the Ministry of Commerce1Order stipulates that "the tenderer shall re-establish the bid evaluation committee according to these measures. Experts who participated in the previous bid evaluation shall not participate in the re-bidding or re-evaluation. "The tenderer shall pay special attention to the re-evaluation of the bid and re-establish the bid evaluation committee.
13. Can the post-qualification review limit the quantity?
A project construction bidding adopts double envelope method: the first envelope is the comprehensive score of qualification examination, and the second envelope is the business technical document. It is stipulated in the tender documents that only the second envelope of the bidder with the top three comprehensive scores after qualification examination will be opened, and other tender documents will be returned as they are. Is this regulation appropriate? If it is unreasonable, how to operate it better? Zhang Zhijun: This project is a post-qualification project. Post-qualification examination should adopt the qualification examination system, that is, all bidders who have passed the qualification examination are eligible to participate in the next stage of commercial technical evaluation. However, some local or industry documents stipulate that when there are a large number of bidders, only the bidding documents with the highest comprehensive ranking can be reviewed. Regardless of whether this provision violates the inherent requirements of post-qualification review, even in this case, only the top three companies will be selected for business technology review, and there will be insufficient competition because of too few people, and the bidding scheme with better business technology comprehensive conditions will be missed. Therefore, as far as this project is concerned, if the local government or industry regulations allow this mode of operation, as many bidders as possible should also enter the business technical review.
14. Can a builder with multiple disciplines undertake multiple construction projects at the same time?
For a municipal engineering construction project, the person in charge of the project quoted by the bidder has two professional first-class constructor certificates: construction engineering and municipal engineering. According to some data, architects have construction projects under construction, but there are no municipal projects under construction. Can architects participate in the bidding of municipal engineering projects? Zhang Zhijun: Paragraph 2 of Article 21 of the Regulations on the Administration of Registered Construction Engineers (DecreeNo. 153 of the Ministry of Construction) stipulates: "A registered construction engineer shall not be the project leader of the construction unit in more than two construction projects at the same time." The term in the law is "construction project", and there is no distinction between professional types. From this perspective, architects are generally not allowed to undertake other construction projects as long as they have projects under construction. Under normal circumstances, the tender documents will also contain requirements such as "the project leader shall not have projects under construction". The main purpose of this regulation is to ensure that the project leader can have enough time to go to the site for construction management every month. To sum up, I personally think that architects should not participate in the bidding activities of other construction projects because they have projects under construction.
15. What should I do if the first successful candidate does not substantially respond to the tender?
During the publicity of a government investment project, the first successful candidate was questioned. After verification, the successful candidate fails to substantially respond to the requirements of the tender documents, and his bid will be rejected. May I ask: Can the tenderee determine the second successful candidate as the winning bidder in turn? Zhang Zhijun: Personal inclination cannot be directly determined. Article 55 of the Regulations on the Implementation of the Bidding Law stipulates that "the tenderer shall determine the candidate winning the bid as the winning bidder for the project that must be subject to tender according to law with state-owned funds as the controlling or leading position. If the winning candidate ranked first abandons the bid, fails to perform the contract due to force majeure, fails to submit the performance bond according to the requirements of the tender documents, or is found to have illegal acts that affect the result of winning the bid, and does not meet the conditions for winning the bid, the tenderer may determine other winning candidates according to the ranking of the list of winning candidates proposed by the bid evaluation committee, or re-tender. " The situation described in this case does not belong to the four situations that can be selected in sequence or re-tendered as stipulated in Article 55 of the Regulations on Bidding Law. It is not appropriate for the tenderer to directly determine the winning bidder or choose to bid again according to this article. Compared with the relevant provisions of the legal system of tendering and bidding, this case should belong to the situation that the bid evaluation committee stipulated in Article 71 of the Regulations for the Implementation of the Law on Tendering and Bidding "does not evaluate the bid according to the bid evaluation standards and methods stipulated in the tender documents". According to the provisions of this article, the tenderer shall request the administrative supervision department to order the original bid evaluation committee to make corrections and re-recommend the successful candidate. 16. Can the government procurement project be entrusted to the bid evaluation committee for qualification examination?
Article 44 of the newly promulgated Measures for the Administration of Tendering and Bidding for Government Procurement of Goods and Services (Order No.87 of the Ministry of Finance) stipulates that "after the bid opening of public bidding procurement projects, the purchaser or procurement agency shall examine the qualifications of bidders according to law." Since the former Ministry of Finance 18 Order stipulated that the qualification examination should be conducted by a legally established bid evaluation committee, after the implementation of Order 87, can the purchaser entrust the bid evaluation committee to conduct the qualification examination of bidders? Zhang Zhijun: Compared with the original 18 Decree, the Decree No.87 of the Ministry of Finance has many important changes and highlights. One of the most important changes is that the evaluation of bidders and bidding documents is divided into three links: qualification examination, compliance examination and commercial technical evaluation, in which the qualification examination is undertaken by the purchaser or its entrusted procurement agency, while the compliance examination and commercial technical evaluation are still undertaken by the bid evaluation committee. Judging from the revision of Order No.87, it can be inferred that legislators do not advocate qualification examination by the bid evaluation committee. Therefore, after the implementation of Order No.87, it is not recommended that the purchaser or agency entrust this part of the work to the bid evaluation committee.
17. For competitive negotiation projects, can suppliers be absent from the site?
A government procurement service project adopts competitive negotiation, and the competitive negotiation document stipulates that this project adopts two rounds of quotation. Before the deadline for submission of the first response document, * * * 8 suppliers submitted their negotiation response documents, of which 1 supplier submitted their response documents by express delivery, and did not appoint representatives to participate in the on-site negotiation and the second round of quotation. May I ask: Can the supplier's response document be deemed invalid, or can the supplier be deemed to have withdrawn from the negotiation? Zhang Zhijun: For competitive negotiation projects, as the negotiation process may involve changes in technology, services and contract conditions, in general, the supplier should send representatives to the site to participate in the negotiation. In addition, if the project needs a second round of quotation, it will be difficult to make quotation if the supplier representative is not on site. However, in theory, competitive negotiation projects can also be negotiated and quoted through remote video (audio) and e-mail. And the relevant laws do not stipulate that suppliers must negotiate on the spot. Therefore, if there is no provision in the negotiation document similar to "the supplier's failure to come to the site for negotiation will be regarded as invalid response or withdrawal from the negotiation", then it will be controversial to regard the response document as invalid. From this point of view, it is not recommended to invalidate the response file directly. For this project, it is suggested that the negotiating team review the response documents according to normal procedures, and solicit the relevant opinions of suppliers on the negotiated project through the contact information reserved in the response documents, and organize the quotation. 18. How to investigate and deal with the bad behavior of the leather bag company?
Leather bag companies participate in government procurement projects, and the business license business scope is wide. They still sign up for a large number of government procurement projects without corresponding goods, and then quit after signing up, or contact goods that provide inferior products after winning the bid. How to investigate their bad behavior? Yue Xiaochuan: A leather bag company refers to a company that does not have a fixed business place and the necessary equipment and professional technical ability to perform the contract. Such companies do not meet the supplier qualification requirements stipulated in Article 22 of the Government Procurement Law and should be rejected in the qualification examination. If the shell company fails to perform the contract after winning the bid, or when performing the contract, it can report to the financial department. The financial department shall, in accordance with the provisions of Article 72 of the Regulations for the Implementation of the Government Procurement Law, impose a fine of 5‰ of the purchase amount and include it in the list of bad behavior records.
19. Does splitting similar projects into two bidding projects belong to breaking up parts to avoid bidding?
We are a state-owned enterprise, and the group company has stipulated different implementation subjects for the bidding project according to the purchase amount. It is stipulated that a project subject to tender with a certain amount must be organized and implemented by the group company. Some time ago, our secondary unit reported two public bidding projects, which belong to the transportation service category. Except for the different places of implementation, the procurement contents and performance conditions of these two projects are the same. How to merge the above two projects, and the group company will organize the bidding? If the two projects are split in this way, it belongs to the authority of the secondary unit to conduct bidding on its own. Excuse me, is it illegal to split the project like this, and does it belong to breaking up parts to avoid bidding? If it is not stopped, what legal responsibility will it have? Zhang Zhijun: Personally, I tend not to shy away from bidding. First of all, from the relevant provisions of the current law, the transportation service outsourcing project of state-owned enterprises does not belong to the project that must be tendered according to law, and the law does not make mandatory requirements on whether it must be tendered. Secondly, according to the above situation, these two projects were submitted by public bidding, and there was no evasion of bidding. However, because your group company has different regulations on the subject of bidding, the project that reaches a certain amount should be implemented by the superior organization. Judging from the relevant regulations of your company, I personally feel that this kind of behavior is suspected of splitting the project to avoid superior management and violating the internal management regulations of the company, but it does not involve illegality.
20. Can I sign a contract after the validity of the bid?
After signing the contract, the winning bidder of a construction project did not enter the site for construction, and the project owner repeatedly urged it to be fruitless, intending to unilaterally terminate the contract. At present, the bid validity period of this project has expired. After the termination of the construction contract of this project, can the second successful candidate be determined as the winning bidder and signed with it? Zhang Zhijun: The bidding period of this project has passed, so personally, it is not appropriate to directly sign a contract with the second successful bidder. The bid validity period refers to the period during which the bid documents remain valid. From the legal attribute, the tender documents belong to the offer, and the bid-winning notice belongs to the promise. Generally, the tender documents will indicate the validity period of the tender, which belongs to the offer with time limit. Once the validity period expires, the bidding documents will be automatically invalidated. If the bidder makes a promise after the deadline, the promise has no legal effect.
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