A public bidding for a government procurement project is divided into two bid sections, namely the first bid section and the second bid section. The bid was cancelled because there were less than 3 suppliers participating in the bidding in the first bid section when the first bid was opened. The bidding section is re-tendered, and the bidding name and number are the same. Then, the supplier who won the second bidding section for the first time but did not participate in the second bidding bidding for the first section can challenge the first section? Reply from the Procurement Center: Although it was the same project, there were 3 or more bidding suppliers in the second bid section, and the result came out. However, there were less than 3 suppliers in the first bid section and then reopened the bids. The bidding section is independent, so only the suppliers participating in the second bidding are eligible to raise questions. Is it reasonable?
Answer: Reasonable. As the number of bidders participating in the first bid section for the first bid opening was less than 3 bids were discarded, the bid was re-tendered. The purchaser and the procurement agency re-issue the announcement and re-sell the bidding documents. From a legal perspective, it belongs to another independent procurement project. Only when the potential supplier has obtained its questionable procurement documents in accordance with the law, can they question the bid section. The eligibility requirements for complaints. Suppliers who did not participate in the re-bidding activities of the first tender are not qualified to question or complain about the tender.
Legal basis
"Government Procurement Questioning and Complaint Measures" (Order No. 94 of the Ministry of Finance) Article 11 The supplier who raises the question (hereinafter referred to as the questioning supplier) shall be the supplier participating in the procurement activities of the project in question.