So, can these given formats be changed? Some formats involve substantive clauses, while others are formal clauses. Specific how to judge, but also to the provisions of the tender documents shall prevail. For the part that does not affect the substantive content of the tender documents, it should be relaxed. The Notice on Promoting Fair Competition in Government Procurement and Optimizing Business Environment (Caiku [2019] No.38, hereinafter referred to as Document No.38) stipulates that purchasers and procurement agencies should simplify and clarify the format and form requirements of bidding (response) documents, and suppliers' bidding (response) shall not be restricted and influenced by immaterial format and form problems such as binding, paper and document arrangement. Therefore, in this case, it is too arbitrary for the bid evaluation committee to consider the bid invalid just because the word "signed or" is added in the bid documents. The bidding documents are compiled by the procurement agency, and there is no tampering with the contents of the bidding documents.
According to Circular 38, project evaluation should emphasize substance rather than form. The binding, paper and document arrangement of bidding documents are listed as immaterial issues. It is also required to simplify and clarify the format and form of bidding (response) documents. In practice, it is suggested that when compiling the tender documents, the terms of invalid and invalid bids should be clearly listed, or attached to the tender documents in the form of a list for the convenience of bidders and bid evaluation experts. For bid evaluation experts, it is necessary to use "the right to reject bids" with caution. If the tender documents are not included in the terms of invalid tender and invalid tender, or are not included in the qualification and compliance review items, the tender documents shall not be invalid.
Legal application
People's Republic of China (PRC) government procurement law
Thirty-sixth in the tender, one of the following circumstances, should be abolished:
(1) There are less than three suppliers who meet the professional requirements or make substantive responses to the bidding documents;
(two) there are illegal acts that affect the procurement justice;
(three) the bidder's quotation exceeds the procurement budget, and the purchaser cannot pay;
(four) due to major changes, the procurement task has been cancelled.
After the bid is cancelled, the buyer shall inform all bidders of the reasons for cancellation.
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