11. "Supplier's response is beyond the business scope of the business license", can I question it?
We have recruited a project of sewage treatment equipment, and now the bidding has been completed. A bidder questioned the first successful bidder. The business scope of the business license did not meet the requirements of the bidding documents. Our bidding document requirements: the bidding unit’s business license business scope It must include and have a business scope consistent with the purchase content (the business scope needs to cover the technical development, sales and installation of sewage treatment equipment). However, the business scope of the winning bidder only has one environmental protection project that is close to this procurement project. We also require the bidding to have the qualifications of mechanical and electrical installation and environmental protection engineering, but the winning bidder is satisfied. Is this question valid?
Answer: The question is not established.
The winning bidder has the qualifications for mechanical and electrical installation and environmental protection engineering as required by the bidding documents. The actual question is whether the "supplier exceeds the business scope of the business license" meets the requirements of the bidding documents. Article 143 and Article 505 of the "Civil Code" stipulate that a contract concluded by a party beyond the scope of business shall not be deemed invalid by simply exceeding the scope of business. If the party's intention is true, it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs, it shall be deemed valid. In 2014, the State Council passed the "Decision of the State Council on Canceling and Adjusting a Batch of Administrative Approval Items and Other Matters" (Guo Fa [2014] No. 27) and the "Decision of the State Council on Canceling and Adjusting a Batch of Administrative Approval Items and Other Matters" (Guo Fa [2014] No. 50), change the vast majority of pre-licenses to post-licenses or cancel administrative licenses altogether. Therefore, for bidding projects that require administrative licenses to produce and operate, the business scope on the business license can no longer reflect whether the company has obtained relevant administrative licenses; for bidding projects that do not require administrative licenses, they can engage in production and operation with a business license. . When the purchaser and procurement agency conduct qualification review, they cannot judge the bidder's production and business qualifications only from the scope of business.
In summary, the purchaser or procurement agency should not list the business scope as a qualification requirement when preparing the procurement documents, so as not to cause doubts and complaints from the supplier, thereby affecting the smooth progress of the procurement project.
Legal basis
Article 505 of the "Civil Code" The validity of a contract concluded by the parties beyond the scope of business shall be determined in accordance with the relevant provisions of Chapter VI, Section 3 of Title I of this Law and the relevant provisions of this Part. The invalidity of the contract shall not be confirmed solely by exceeding the scope of business.
12. Can suppliers who have not won the bid question whether the objective assessment by the bid evaluation committee is unreasonable?
A project adopts a comprehensive scoring method. After the bid-winning announcement is issued, the supplier sees the announcement's score and the experts' scores for the unit. The sum of the scores and the objective scores). I think that the experts’ scores are too far apart because they have received unfair treatment. Is it reasonable to question this?
Answer: If the unsuccessful supplier finds that there is a problem with the objective scores assessed by the bid evaluation committee, it can raise questions, such as: the number and scores of effective performance, the level of the project leader (qualification certificate), and the title of the project team (qualification certificate) ) Level and number, etc.
Legal basis
"Measures for Government Procurement Questions and Complaints" (Order No. 94 of the Ministry of Finance) Article 10 If a supplier believes that the procurement documents, procurement process, bid winning or transaction result has harmed his rights and interests, he may know or should know that his rights and interests have been harmed. Within 7 working days from the date of registration, the purchaser and the procurement agency shall be challenged in writing.
