The one government that company of some invite public bidding acts as agent purchases a project to win the bid after announcement is released, encountered an oddity -- win the bid what supplier A company oppugns him actually is medium mark a price under cost price. Because attend the company delegate of this project to disobey company interior to set,the reason of allegation is, do sth without authorization of exceed one's authority quotes, the price unites valence under manufacturer interior, the likelihood suffers the punishment of manufacturer, after winning the bid, meet lose money in business. Hope basis " invite public bidding bids law " concerned regulation, of cognizance company win the bid valence under cost, the project abandons grammage new invite public bidding. At the back of doubt case attach the interior government regulation of A company, prove its bid the representing's quote surmounted; of limits of one's functions and powers at the same time attach the distribute of manufacturer home and A company acts as agent agreement, mark a price in the proof really the internal price under manufacturer, and the condemnatory regulation that sells under internal price.
Face such " rational has according to " doubt, somebody thinks, this problem is handled very easily, since win the bid,oneself approbated the person to win the bid valence under cost, that wins the bid invalid, useless grammage new invite public bidding can; somebody thinks, judge what prize committee approbates to bid quote, cannot by win the bid him person says to return somebody under cost; namely under cost to winning the bid doubt motive of the person puts forward to suspect, it is to think have the aid of abandons bid under cost price, escape then abandon winning the bid to be confiscated to bid bail.
The problem is derivative
One, is such doubt lawful? Should handle?
2, win the bid him person admits to win the bid valence under cost, in can you deciding directly, mark a price under cost?
3, win the bid valence is the internal price under manufacturer under cost?
The expert is commented on
One, the doubt of A company accords with legal condition, ought to accept
The government purchases a supplier to whether can oppugn his, the law is purchased to go up in the government and do not have specific provision, normally the circumstance falls, the supplier is to pass doubt to purchase the person, behavior that purchases acting orgnaization the behavior of other perhaps vendor comes to those who relieve obtain. " the government purchases a way " fiftieth 2 " the supplier thinks to purchase a file, purchase process and win the bid, clinch a deal to make oneself rights and interests is damaged as a result, can be in since the day that know or should know its rights and interests to be damaged inside 7 weekday, with written form to purchase a person to raise doubt " the limits that the regulation made clear a supplier to raise doubt, condition, time limit and form. Having a specific requirement among them is " the supplier thinks to purchase a file, purchase process and win the bid, clinch a deal to make oneself rights and interests is damaged as a result " .
A company in order to win the bid valence is to bid quote on behalf of do sth without authorization and the internal price under manufacturer, the likelihood after winning the bid for lose money in business, think oneself rights and interests is damaged, and offerred the wins the bid to make oneself rights and interests is damaged as a result fact reason of this project and proof material, specific requirement is maintained win the bid new invite public bidding of invalid, useless grammage. Such doubt is to accord with " the government purchases a way " fiftieth of 2 regulations, should handle. Whether to hold water as to the doubt of A company, the rights and interests that this project won the bid to whether damage A company as a result is additional one and the same, the condition that wants its to oppugn be good law to set only should get handling.
2, cannot according to winning the bid the person's view is maintained under cost
" invite public bidding bids law " in have two ways be about the regulation under cost, this law thirtieth sets 3 times, bidder is not gotten with the quote contest mark under cost, also must not bid with other name or with other way practise fraud, diddle wins the bid. The 41st sets, win the bid of the person bid ought to accord with one of following conditions: (One) can the;(of standard of each comprehensive assessment that utmost ground sets in file of contented invite public bidding 2) the materiality requirement that can satisfy file of invite public bidding, and of classics evaluation cast; of bid price lowest but send bid price the except under cost.
But how to maintain under cost, maintain by who do not have relevant provision under cost. " the government purchases goods and service invite public bidding to bid administrative measure " regulation, the committee that review bid thinks, the win the biding that discharges advanced face awaits the minimum that picks a supplier to bid price is certain perhaps divide a quoted price apparently unreasonable or under cost, quality of possible effect commodity and cannot sincere letter honors the agreement, ought to ask its offer written file to give the explanation explains inside formulary deadline, refer; of relevant proof material otherwise, judge what prize committee can cancel this bidder to win the bid candidacy, by the platoon by order retrospective wins the bid await choose supplier fill vacancies in the proper order, with this analogize. " file of standard construction invite public bidding " in also have kind of regulation, the quoted price that reviews prize committee to discover bidder is apparent under other bid quote, or apparent when setting mark foundation under mark bottom, make its bid quoted price is possible under its cost, ought to ask to this bidder makes written specification and provide relevant proof data. Bidder cannot reasonable specification perhaps cannot provide corresponding proof data, maintain this bidder by the committee that review bid with quoting under cost contest mark, its bid become invalid mark processing.
Can discover from which, maintain a certain bidder bid quote whether under cost, it is to be in the process that review bid, will maintain by the committee that review bid, decide to whether be recommended thereby to win the bid candidate. Rules of relevant law law plan and standard do not have a regulation, bidder perhaps wins the bid the person thinks its bid valence, medium mark a price under cost, namely under cost.
3, the internal price under manufacturer is not certainly under cost
In most industry, produce the need that manufacturer competes for the market, when be sold through channel distribute and cent, sell business to have the agreement on the price with agency and cent, agency and cent sell the sale price of business not to get the price under in-house agreement, will be punished otherwise by the break a contact of manufacturer home.
Purchase in the government in, certain supplier needs because of competition or of the supplier bid delegate for outstanding achievement, also can appear quote the circumstance of the internal price under manufacturer home. But the quote that the government purchases a supplier has authority to quote freely lawfully, do not accept the restriction of the internal price of manufacturer home. Even if the internal price under manufacturer home, the supplier also is the right of free quoted price. The product that the government purchases and service great majority are Wu of kimono of product of market adjustment price, basis " value standard " concerned regulation, the supplier has authority to establish the price that attributes market adjustment independently lawfully, authority quotes according to the oneself circumstance of the enterprise, supplier oneself situation is different, bid the cost of product and service differs, when attending a government to purchase, same the quote of product and a service also is different.
The internal price that produces manufacturer at the same time is uniform price, did not consider the case of specific supplier, the need that the project competes, the gain that its price included agency and cent to sell business inside, cannot regard a government as to purchase the cost of the supplier the internal price of manufacturer home, reach the internal price under manufacturer is the conclusion under cost thereby.
In this case, a company quotes with its under manufacturer interior unites valence, the likelihood after winning the bid thinks to mark a price to break the law under cost among them for lose money in business, the kind that carries doubt then asks to purchase a person to perhaps purchase acting orgnaization to maintain win the bid invalid, do not have a truth.
The truth of this case is conjectural
The quote of A company really under price of manufacturer home interior, disobey with manufacturer home agreement, cannot obtain bid goods. A company once with purchase a person to sign purchase a contract, cannot deliver the goods possibly honor the agreement or A company has merchandise on hand, can honor the agreement to be faced with manufacturer home possibly also to find out responsibility of breach of contract. Encounter this kind of situation, general supplier abandons winning the bid namely finish sth, even if loss bids bail perhaps assumed other law responsibility to also admit.
For not the loss bids bail is mixed evade the legal responsibility that abandons winning the bid, a company does not give a shop sign by convention, since law sets,think to bid quote is not gotten under cost, that oneself admits to win the bid valence under cost, win the bid namely invalid, win the bid disable to abandon grammage new invite public bidding possibly. And win the bid valence is brought about under cost win the bid disabling is legal provision, a company need not assume any responsibility. Such, a company is met 3 complete its are beautiful, protected already bid bail, do not assume responsibility again, still can attend again bid.
Code is linked
" invite public bidding bids law "
3 bidder do not get thirtieth with the quote contest mark under cost, also must not bid with other name or with other way practise fraud, diddle wins the bid.
The 41st
Win the bid of the person bid ought to accord with one of following conditions:
(One) can the; of standard of each comprehensive assessment that utmost ground sets in file of contented invite public bidding
(2) the materiality requirement that can satisfy file of invite public bidding, and of classics evaluation cast; of bid price lowest but send bid price the except under cost.
" the government purchases goods and service invite public bidding to bid administrative measure "
Fiftieth 4 judge mark to ought to follow following job order:
(4) recommend win the bid await choose supplier roll. Win the bid await choose supplier amount to ought to decide according to purchasing need, but must arrange by order win the bid await choose a vendor.
1, use lowest to judge mark a price of the law, by bid quote by low arrange to tall order. Bid quoted price is same, actor or actress by technical index bad order is arranged. The committee that review bid thinks, the win the biding that discharges advanced face awaits the minimum that picks a supplier to bid price is certain perhaps divide a quoted price apparently unreasonable or under cost, quality of possible effect commodity and cannot sincere letter honors the agreement, ought to ask its offer written file to give the explanation explains inside formulary deadline, refer; of relevant proof material otherwise, judge what prize committee can cancel this bidder to win the bid candidacy, by the platoon by order retrospective wins the bid await choose supplier fill vacancies in the proper order, with this analogize.
" value standard "
Price of the 6th commodity and service price, except according to Benfadi sets price of applicable government guidance 18 times or outside governmental price, solid quotations field adjusts valence, by operator according to this law is made independently.
Eleventh operator has price activity, enjoy following right:
(One) make the price; that belongs to market adjustment independently
(2) price; is made inside the extent that the government coachs valence sets
(3) establish the price of place goods on trial sale that attributes the new product inside range of product of price of governmental guidance price, government, ; of specific product except
(4) impeach, charge encroachs his to fix a price independently lawfully the behavior of the right.
