How should I respond to all sorts of "unusual" queries from suppliers? As an agency, I believe this is one of the most troublesome problems. Selected 15 more representative questions, it is worth looking at.
1. The supplier has purchased the procurement documents without bidding, can I question the winning bid?
Answer: Suppliers who have not participated in the bidding cannot question the review process, bid winning or the result of the transaction, because their rights and interests will not be harmed if they do not participate in these links.
Legal basis
Article 52 of the "Government Procurement Law" If a supplier believes that the procurement documents, procurement process, bid winning, and transaction result have harmed his rights and interests, he may, within seven working days from the day when he knows or should have known that his rights and interests have been harmed, Question the purchaser in writing.
"Government Procurement Questions and Complaints Measures" (Order No. 94 of the Ministry of Finance) Article 11 The supplier in question shall be the supplier involved in the procurement activities of the project in question. If a potential supplier has obtained its questionable procurement document in accordance with the law, it may challenge the document. Questions about the procurement documents shall be raised within 7 working days from the date of obtaining the procurement documents or the expiration of the announcement period of the procurement documents.
2. Does a bidder who fails the qualification review have the right to challenge another unsuccessful bidder?
Four suppliers of A, B, C, and D bid. Supplier A did not pass the qualification review stage. After the results of the bidding were announced, B won the bid. Within the effective period, A challenged another unsuccessful bidder C, believing that C has a relatively large fine and should not pass the qualification review.
Answer: Bidder A who fails the qualification review belongs to the supplier participating in the bidding activities of the project in question and has the right to question the procurement process and procurement results. The purchaser or procurement agency is the object of questioning, and the questioning of supplier C that has not won the bid is actually a question of the purchaser or procurement agency’s violation of laws and regulations in the qualification review and bid evaluation process. If C is unqualified, the bidder who responded effectively There will be less than three, and the project will be re-purchased after abolishing the bid. The purchaser and procurement agency shall accept it. If C does have a relatively large fine, its qualification review should not be passed and the bid should be annulled.
Legal basis
"Government Procurement Questions and Complaints Measures" (Order No. 94 of the Ministry of Finance) Article 11 The supplier in question shall be the supplier involved in the procurement activities of the project in question.
3. Make an anonymous call to question, should the procurement agency accept it?
Answer: It should not be accepted. The challenge of the supplier or potential supplier must be raised in writing, and a letter of challenge and necessary supporting materials shall be submitted to the purchaser or procurement agency. The anonymous report call to raise questions is not in compliance with the law.
Legal basis
Article 52 of the "Government Procurement Law" If a supplier believes that the procurement documents, procurement process, bid winning, and transaction result have harmed his rights and interests, he may, within seven working days from the day when he knows or should have known that his rights and interests have been harmed, Question the purchaser in writing.
