Justifiable reasons for giving up the bid: ① PPP projects are not included in the project management database; ② The purchaser changes or uses other procurement methods "without authorization"; ③ Force majeure; ④ PPP projects are cleared out of the database; ⑤ Misleading bids are won.
Generally, you cannot give up after winning a bid unless a valid reason is found.
The bid winning notice shall have legal effect on the tenderer and the winning bidder.
After the bid winning notice is issued, if the tenderer changes the bid winning result, or if the winning bidder abandons the winning project, he shall bear legal liability in accordance with the law.
1. PPP projects that have not been included in the project management database shall not be included in the comprehensive information platform project database according to Caijin [2015] No. 166 "Notice on Regulating the Operation of the Government-Private Partnership (PPP) Comprehensive Information Platform".
If it is included in the catalog of PPP projects in various places, in principle, expenditures cannot be arranged through the fiscal budget, which will make it impossible to guarantee the source of funds for project returns.
2. The purchaser "arbitrarily" changes or uses other procurement methods without purchasing in accordance with the legal procurement methods, especially the procurement that should be conducted by public bidding according to law.
If the purchaser uses other procurement methods without authorization, even if the suppliers participating in inquiry or competitive negotiations reach a deal, the procurement results will be illegal, and the entire procurement activity will not be protected and recognized by law.
The winning bidder may voluntarily waive the qualification requirements for winning the bid and refuse to sign the contract.
3. Force majeure projects cannot continue to be implemented due to certain force majeure factors.
Objective circumstances that cannot be foreseen, unavoidable and cannot be overcome when making the contract.
Including natural disasters such as typhoons, earthquakes, floods, and hail; government actions, such as expropriation and expropriation; and social abnormalities, such as strikes, riots, etc.
4. PPP projects that have been removed from the database are in accordance with the provisions of Caibanjin [2017] No. 92 "Notice on Regulating the Management of the Project Database of the Government-Private Partnership (PPP) Comprehensive Information Platform" because the two demonstrations were not carried out as required.
, the project is not suitable to continue to adopt the PPP model, does not meet the standard operation requirements, constitutes illegal debt guarantee, fails to disclose information in accordance with regulations, etc., resulting in the project being canceled.
5. Winning the bid by misleading During the procurement process, the winning bidder made some supplementary commitments or concessions due to negotiation or misleading by the procurement personnel, resulting in the winning bidder winning the bid. If the winning bidder finds that although he has won the bid, his legitimate rights and interests have suffered huge losses,
The winning bidder has the right to apply for invalidation of the procurement result and refuse to sign the contract.