I. The bidder and the successful bidder shall sign the contract for the purchase and sale of medicines within 30 days from the date of the issuance of the notification of the successful bid. According to the provisions of the Law on Tendering and Bidding, the parties who conclude a contract by means of tendering and bidding shall conclude a written contract, and the tendered procurement contract shall enter into force when the bidder and the successful bidder sign or seal the written contract. Article 59 of the Codes of Practice requires the bidder to start implementing the provisional retail price no later than 36 days after the notification of the successful bid. If the bidder and the successful bidder do not sign a contract for the purchase and sale of medicines, the contract cannot come into effect and the successful bidder cannot formally start preparing for the distribution of the winning medicines. Therefore, the bidder and the successful bidder should sign the drug purchase and sale contract as early as possible after the notice of award is issued. If the bidder and the successful bidder do not sign the contract for the purchase and sale of medicines in accordance with the provisions of the contract, they shall be liable for contracting negligence.
Second, after the signing of the contract for the purchase and sale of medicines, the bidder and the successful bidder shall not enter into any other agreement that deviates from the substantive content of the contract. The so-called substantive content, refers to the tender offer, price settlement methods, price concessions and other contractual content involving the bidder and the successful bidder rights and obligations. Still less is the bidder allowed, in any way, to solicit additional benefits from the winning bidder after signing the contract for the purchase and sale of medicines. If the bidder and the bidder are allowed to sign a contract for the purchase and sale of drugs after the conclusion of other agreements deviating from the substantive content of the contract, contrary to the basic principles of bidding and tendering, the entire centralized bidding and purchasing process has lost its significance.
Third, the successful bidder shall not be required to submit a performance bond. Performance bond is submitted by the successful bidder to ensure the fulfillment of contractual obligations of the security, in nature belongs to the performance deposit. Article 46 of the bidding and tendering law provides: "If the bidding documents require the successful bidder to submit a performance bond, the successful bidder shall submit it." However, taking into account the current procurement of medicines by medical institutions, including centralized bidding and procurement, most of them adopt the credit sales method of goods before payment, and the successful bidder has a large amount of money deposited in the medical institutions, so there is no need to require the successful bidder to submit a new performance deposit, which will aggravate the pressure on the successful bidder's capital turnover. Therefore, the Work Specification and Model Documents have canceled the clause on performance deposit and do not allow the bidder to require the successful bidder to submit a performance deposit. If the successful bidder fails to fulfill its contractual obligations, the bidder may deduct from the price payable the liquidated damages for delay at the same maximum rate as the performance bond in accordance with Article 4.2.13 of the Model Document. At the same time, in accordance with the provisions of the "Supervision and Management Measures", the defaulter shall be held responsible for the violation of the law.