1. When there is a lack of three tenderers to invite tenders
According to Rule 28 of the Tendering and Bidding Law, before the deadline for submission of tender documents, there are no three tenderers to submit tender documents, so the opening of tenders should be suspended and the tender should be re-tendered. In fact, the cost of re-bidding is very large, so it is worth discussing whether we can refer to international practice and adopt a more practical approach in the absence of three bidders to participate in bidding. Internationally, it is common to consider the following elements before making a decision on whether to re-invite tenders:
(1) Whether the tender announcement can be published in the regular media;
Whether the contract package is too large or too small;
(3) Whether the time for the sale of tender documents conforms to the rules or whether the time for preparing tender documents is enough;
(4) Whether there are discriminatory or restrictive provisions in tender documents;
(5) Whether the tenderer's tender price can deviate from the contract budget estimate seriously, etc. In general, no matter how many bidders participate in the bidding process, the opening of tenders will always stop on schedule. Whether there is a need for re-tendering is a decision made after evaluation.
2. When three valid tenders are lacking after evaluation
According to Decree No. 12,
If the bid evaluation committee refuses to pass the bidding or defines it as abolished bidding, the lack of three effective bidding makes the bidding obviously lack competition, and the bid evaluation committee can decide to reject all the bidding and re-invite the bidding. The key here is how to grasp "make bidding obviously lack of competition", and there are many disputes in practice.
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