After winning the bidder and the winning bidder do not enter into a contract in accordance with the bidding contract and the winning bidder's bidding documents, you can impose a fine of more than 5 ‰ 10 ‰ of the amount of the winning project. If the bidder refuses to sign the contract, it may complain to the bidding management organization or request it to urge the signing of the contract. If the bidder finally fails to conclude the contract within the prescribed period, it can file a lawsuit to the court and claim for its damages.
According to Article 46 of the Law of the People's Republic of China on Bidding and Tendering, the bidder and the successful bidder shall, within thirty days from the date of the issuance of the notice of award, enter into a written contract in accordance with the bidding documents and the bidding documents of the successful bidder. The bidder and the successful bidder shall not enter into any other agreement that deviates from the substantive content of the contract. If the bidding documents require the successful bidder to submit a performance bond, the successful bidder shall submit it.
Extended information:
Article 59 of the Law of the People's Republic of China on Bidding and Tendering, where the bidder and the successful bidder do not enter into a written contract in accordance with the bidding documents and the winning bidder's tender document, or where the bidder, the successful bidder, or the bidder, the successful bidder does not enter into the contract in accordance with the bidding documents. If a contract is not concluded between the bidder and the successful bidder in accordance with the bidding documents and the bidding documents of the successful bidder, or if the bidder or the successful bidder concludes an agreement that deviates from the substantive contents of the contract, the bidder shall be ordered to rectify the situation; and it may be subject to a fine of not less than five per cent and not more than ten per cent of the amount of the item awarded.
Article 60 of the winning bidder does not fulfill the contract with the bidder, the performance bond shall not be refunded to the bidder, the losses caused by the bidder more than the amount of performance bond, but also shall be compensated for the excess; did not submit the performance bond, the loss of the bidder shall bear the responsibility for compensation.
The successful bidder does not perform its obligations in accordance with the contract entered into with the bidder, and if the circumstances are serious, the bidder shall be disqualified from participating in the bidding for projects which must be tendered in accordance with the law for a period of two to five years and shall be notified of such disqualification until the business license is revoked by the administrative organ for industry and commerce. Due to force majeure can not fulfill the contract, does not apply to the provisions of the previous two paragraphs.
Baidu Encyclopedia - Law of the People's Republic of China on Bidding and Tendering