中标通知书代表着哪些法律效益?

网址:http://www.biaoshufang.com 时间:2019-05-15

参与过招招标活动的公司都晓得,中标后,招标人都会给中标人发送中标通知书,并请求双方都不得随意更改里面的内容。

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.
我国《招标招标法》第四十五条规则:中标人肯定后,招标人应当向中标人发出中标通知书,并同时将中标结果通知一切未中标的招标人。中标通知书对招标人和中标人具有法律效能。中标通知书发出后,招标人改动中标结果的,或者中标人放弃中标项目的,应当依法承当法律义务。
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.
在专业标书编制公司接手的案例中,关于更改中标通知书需求承当什么样的法律风险主要有两种说法。一种是说招标人发出的一切材料包括招标文件等均为要约约请,招标人递交招标文件则属于要约,我国《合同法》第十五条之规则:要约约请是希望别人向本人发出要约的意义表示。《合同法》第十四条规则:要约是希望和别人订立合同的意义表示,该意义表示应当契合下列规则:
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:
山东标书制作
一)内容详细肯定
1) Detailed affirmation of content
二)标明禁受要约人承诺,要约人即受该意义表示约束。招标人发出中标通知书应当属于承诺。《合同法》规则,承诺是受要约人同意要约的意义表示。承诺生效时合同成立。而依法成立的合同,自成立时生效。所以,在发出中标通知书的那一刻就标明要约已承诺,双方的合同关系已成立且生效。若擅自更改中标结果则属于违约,需求承当相应的法律义务。还有一种说法是,依据我国《建筑法》第十五条,建筑工程的发包单位与承包单位应当依法订立书面合同,明白双方的权益和义务。以及《合同法》第三十二条,当事人采用合同书方式订立合同的,自双方当事人签字或者盖章时合同成立。
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.
中标通知书并不是合同,不具备合同的法律效能,招标人只对与招标人签合同存在义务,但此时合同并未签署,假使改换施工队伍应该承当缔约差错义务,也就是赔偿中标人因缔分离同所形成的损失。专业标书编制公司普遍以为中标通知书具有承诺的性质,依据我国《合同法》百零七条的规则,当事人一方不实行合同义务或者实行合同义务不契合商定的,应当承当继续实行、采取弥补措施或者赔偿损失等违约义务。也就是说,招标人在送达中标通知书时就表示合同成立。招标人再停止一系列的更改应当承当违约义务。同样的,中标人假如放弃该项目的中标资历也应当承当相应的法律义务。
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.