The companies that have participated in the bidding activities know that after winning the bid, the bidders will send the winning notice to the winning bidders, and request that neither party should change the contents at will.
Article 45 of the Tender and Bidding Law of our country stipulates that after the winning bidder confirms it, the tenderer shall issue a notice of winning the bid to the winning bidder, and at the same time notify all the bidders who have not won the bid of the result of winning the bid. The notice of winning bid has legal effect on the tenderer and the winning bidder. If, after the notice of winning the bid is issued, the tenderer changes the result of winning the bid, or the winning bidder abandons the winning project, it shall bear legal obligations in accordance with the law.
In the cases taken over by professional tender preparation companies, there are two main opinions on what kind of legal risks should be undertaken to change the requirement of the successful tender notification. One is that all materials issued by the tenderer, including tender documents, are invitations to tender, while tenderers submit invitations to tender documents are invitations. The fifteenth rule of the Contract Law of our country is that invitation to tender is an expression of the meaning of the wish that others make an offer to themselves. Rule 14 of the Contract Law: An offer is an expression of the meaning of the wish to conclude a contract with another person, which means that it should conform to the following rules:
1) Detailed affirmation of content
2) If the promise of the offeror is prohibited, the offeror shall be bound by the expression of that meaning. The tenderer's notice of winning the bid shall be a promise. According to the rules of Contract Law, acceptance is the signification of the acceptance of an offer by the offeror. The contract is formed when the commitment takes effect. A contract established in accordance with the law shall come into force at the time of its establishment. Therefore, at the moment of issuing the notice of winning the bid, it is indicated that the offer has been promised and the contractual relationship between the two parties has been established and entered into force. If the result of winning the bid is changed without authorization, it will be a breach of contract, and the corresponding legal obligations should be assumed. Another argument is that, according to Article 15 of the Construction Law of China, the contracting units and contractors of construction projects should conclude written contracts according to law to understand the rights and obligations of both parties. As well as Article 32 of the Contract Law, if the parties enter into a contract by means of a written contract, the contract shall be formed when the parties sign or seal it.
The notice of winning bidding is not a contract and does not have the legal effect of the contract. The tenderer only has the obligation to sign the contract with the tenderer, but the contract has not been signed at this time. If the replacement of the construction team should undertake the obligation of contracting errors, that is to say, to compensate the loss caused by the separation of the bidder. Professional tender preparation companies generally believe that the notification of winning bids has the nature of commitment. According to the rules of Article 107 of the Contract Law of China, if one party fails to implement the contractual obligations or the contractual obligations are not agreed upon, it shall undertake the obligations of breach of contract such as continuing to implement, taking remedial measures or compensating for losses. That is to say, when the tenderer serves the notice of winning the bid, he indicates that the contract is established. The tenderer shall be liable for breach of contract if he stops a series of changes. Similarly, if the winning bidder abandons the qualifications of the project, he should also bear the corresponding legal obligations.