7. Does the questioning supplier have the right to look through the response documents of other suppliers?

Answer: The supplier's response document is a trade secret, and the questioning supplier cannot look through the response documents of other suppliers.

Legal basis
  The "Notice of the Ministry of Finance on Further Regulating Issues Concerning Government Procurement Review Work" (Caiku [2012] No. 69) stipulates that purchasers and procurement agencies must ensure that review activities are conducted in strict confidentiality. Before the procurement results are determined, the purchaser and the procurement agency shall be responsible for keeping the list of the review committee confidential. The members of the review committee, the purchaser, the staff of the procurement agency, and relevant supervisors and other personnel related to the review work are responsible for keeping secrets of the review and the state secrets and trade secrets learned during the review process.

8. Is it reasonable to question the supplier's request to check the evaluation scores of other suppliers?

After the supplier raises questions about the evaluation result, is it reasonable to ask to check the bidding documents and evaluation process, evaluation scoring, and evaluation report of other suppliers? Do purchasing agencies need to provide data access?

Answer: It is unreasonable. The procurement agency cannot and has no right to provide other suppliers' bidding documents and review process, review scores, review reports and other materials for their inspection, otherwise it is a violation of regulations. The review process and review report are government procurement documents that should be kept confidential. The necessary confidentiality of the review situation and review report is to avoid unnecessary interference with review experts and review procedures; bidding documents often involve the technical parameters of the bidder’s products and services , Exclusive patents and business secrets such as company status and business strategies that should not be known by peers. Generally, bidding documents have special filing procedures. It is not allowed to discard it arbitrarily, and it is impossible for people to read it at will.

If the procurement agency provides it, it will be liable for violations and torts. Procurers and procurement agency staff, relevant supervisors and other personnel related to the review work shall be responsible for keeping secrets of the review and the state secrets and trade secrets learned during the review process.

Legal basis
  Article 51 of the "Government Procurement Law" If a supplier has any questions about government procurement activities, he may ask the purchaser, and the purchaser shall reply in a timely manner, but the content of the reply shall not involve commercial secrets.

9. Can the bidding supplier not participate in the bid opening, can I challenge the result of the bid opening?

 Answer: Whether or not to participate in the bid opening is the right of the bidder. The bidder can participate in the bid opening or not, but it should be noted that if the bidder does not participate in the bid opening, it will be deemed to have approved the bid opening result. The challenge letter will be accepted, but the reply will be rejected.

 Legal basis
  "Administrative Measures for Government Procurement of Goods and Services Bidding and Bidding" (Order No. 87 of the Ministry of Finance) Article 42 If the bidder fails to participate in the bid opening in paragraph 3, the bid opening result shall be deemed to be approved.