In the bidding process, bid evaluation and award are two crucial links. The completion time of these two links directly affects the rights and interests of bidders, therefore, they must be completed within the validity period of the bid. This article will elaborate on the process of bid evaluation and award and the importance of completing both within the validity period of the bid.
First of all, bid evaluation refers to the process of reviewing, comparing and evaluating the bidding documents by the tenderer or the tendering agency entrusted by it. This process usually includes a formal, technical, and commercial review of the tender documents. The formal examination is mainly to check whether the bidding documents are complete and whether they meet the requirements of the bidding documentsThe technical review is mainly to evaluate the technical feasibility, advancement and economy of the bidding planThe business review is mainly to evaluate the bidding**, contract terms, etc.
Bid award refers to the process in which the tenderer determines the winning bidder according to the bid evaluation results after the bid evaluation is completed. This process usually includes steps such as identifying the winning candidate, publicizing the winning bid, and signing the contract.
The time frame for the evaluation and award of bids is of paramount importance to bidders. If the bid evaluation and award cannot be completed within the validity period of the bid, the tenderee shall notify all bidders to extend the validity period of the bid. This is because the validity period of the bid is a means to protect the rights and interests of the bidder, if the evaluation and award cannot be completed within the validity period, the bidder may suffer losses due to changes in the market environment.
However, not all bidders are willing to extend the validity of their bids. If the bidder refuses to extend the validity of the bid, they have the right to reclaim the bid bond. This is because the bid bond is a kind of guarantee paid by the bidder to participate in the bidding, and if the bid evaluation and award cannot be completed within the validity period, the bidder may suffer losses as a result.
For bidders who agree to extend the validity period of the bid, they shall extend the validity period of their bid guarantee accordingly, but shall not modify the substantive content of the bid documents. This is because the bid guarantee is to protect the rights and interests of the tenderer, and if the bid evaluation and award cannot be completed within the validity period, the tenderer may suffer losses as a result.
Finally, if the bidder loses due to the extension of the validity period of the bid, the tenderer shall compensate for it, except for the extension of the validity period of the bid due to force majeure. This is because force majeure is an objective situation that cannot be foreseen, avoided and cannot be overcome, and the tenderer should not be liable for this situation.
In general, the completion time of bid evaluation and award has an important impact on the rights and interests of bidders. Therefore, the tenderer should complete these two links within the validity period of the bid as much as possible to protect the rights and interests of the bidder. At the same time, bidders should also understand the relevant legal provisions to protect their rights and interests.