The trade means of invite public bidding bids is an internationally accepted procurement method for commodities, engineering works and services. Through meticulous analysis of the trade means of invite public bidding bids, I think legal persons, other organizations and natural persons are the bidder. In the different phases of invite public bidding bids, the range of bidder is different. As invite public bidding bids progressed, there exists three types’ bidders respectively; they are potential tenderers, bidders and the bid winner. In order to regulate invite public bidding bids, Chinese government promulgated and implemented “invite public bidding bids law”. As the Law doesn’t explicitly stipulate the legal attributes, the time of concluding the contract in the different phases of invite public bidding bids, leading to there are different viewpoints both in the research and application.
I think after “invite public bidding bids law” was issued, the formulation of tender documents is normative and meticulous increasingly and become more similar to the offer of contract law. But through comparison analysis on the tendering procedure, the offer of contract law and commitment theory, no matter how well crafted tender documents may be, invite public bidding bids are claimed for market competition essentially it still determines tender documents might not have the real elements to become the offer(such as price terms). Bid inviting is still invitation for offer. Through analysis on bidding behavior, bidding is the offer. It is legally effective after the bid-winning notice issued, this clause have nothing debatable. But the debate on if the bid-winning notice is the commitment in the meaning of “Contract Law” and give rise to the formation of the contract, the act of damaging bid after the bid-winning notice had issued should bear what responsibility never cease. The court make mistakes on this issue are not uncommon. Through in-depth analysis on bid-winning notice, I think bid-winning notice is the commitment in the meaning of “Contract Law”. The tendere’ saction of issuing the bid-winning notice give rise the legal effect of the formation of the contract.
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