In today's society, bidding and bidding activities have become the main transaction method for various engineering projects and procurement projects. However, with the intensification of market competition, some winning bidders have adopted various means to violate the provisions of the bidding documents in order to seek improper benefits, which has damaged the legitimate rights and interests of the tenderer and other bidders. In order to maintain the fairness, impartiality and integrity of the bidding and bidding market, China has imposed strict laws and penalties on such behaviors.
According to the relevant provisions of the Tendering and Bidding Law of the People's Republic of China, the winning bidder shall enter into a contract with the tenderer after winning the bid. However, some winning bidders do not sign a contract with the tenderer without a legitimate reason, and even put forward additional conditions to the tenderer when signing the contract. This kind of behavior seriously violates the provisions of the bidding documents, damages the rights and interests of the tenderer, and also undermines the fair competition environment of the bidding and bidding market. For such acts, it is necessary to cancel the qualification of the winning bidder, and the bid deposit will not be refunded.
In addition, the winning bidder shall submit a performance bond in accordance with the requirements of the bidding documents at the same time as signing the contract. The performance bond is to ensure that the tenderer can get corresponding compensation when the winning bidder fails to perform its obligations in accordance with the contract. However, some winning bidders do not submit performance bonds in accordance with the requirements of the bidding documents, which also damages the rights and interests of the tenderer and destroys the fair competition environment in the bidding and bidding market. For such acts, it is necessary to cancel the qualification of the winning bidder, and the bid deposit will not be refunded.
For projects that must be tendered in accordance with the law, the illegal acts of the winning bidder will also be ordered to correct by the relevant administrative supervision departments. The administrative supervision department has the right to investigate the illegal acts of the winning bidder and order it to make corrections. If the winning bidder refuses to make corrections, the administrative supervision department may impose a fine of less than 10 of the amount of the winning project. The purpose of this penalty is to warn the winning bidder to realize the seriousness of the illegal acts, so as to consciously abide by the provisions of the bidding documents and maintain the fairness, impartiality and integrity of the bidding and bidding market.
In short, bidding and bidding activities are an important part of the country's economic construction and development, and it is the responsibility and obligation of each participating entity to maintain the fairness, impartiality and integrity of the bidding and bidding market. We should severely punish the illegal acts of the winning bidders in accordance with the law, so as to maintain the normal operation of the bidding and bidding market and promote the healthy development of the national economy. At the same time, we also call on the majority of bidders to consciously abide by the provisions of the bidding documents, operate in good faith, and jointly maintain the fairness, justice and integrity of the bidding and bidding market.