Can the winning bidder give up the bid on the grounds of not receiving the bid winning notice?

Can the winning bidder give up the bid on the grounds of not receiving the bid winning notice? Zhongda Consulting will introduce this issue in detail below for your reference.

In real life, after the construction project tenderer confirms that he has won the bid, he will often only call the winning bidder to receive the bid winning notice. Under normal circumstances, there is nothing wrong with doing so, because for those who participate in the bidding, Yan Yan, what he hopes most is to receive the news of winning the bid. However, in practice, it often happens that the winning bidder no longer wants to participate in the construction project and deliberately fails to receive the bid winning notice, hoping to give up winning the bid on this ground.

In fact, in most cases, the "ostrich" approach of the winning bidder does not work. After the tenderer determines the winning bidder, it will notify the winning bidder on the phone to come and collect the notice of winning the bid. Generally, the notice of winning the bid will be sent to the winning bidder by postal mail, express delivery, direct delivery, etc. at the same time. As a result, the winning bidder cannot give up the bid on the grounds that he has not received the bid winning notice, otherwise he will need to bear corresponding legal liability.

According to the relevant provisions of the "Tendering and Bidding Law" and the "Regulations on the Implementation of the Tendering and Bidding Law", if the winning bidder gives up the bid, he needs to bear the following responsibilities:

1. The tenderer has the right not to withdraw the bid. The bidding deposit paid in advance by the winning bidder.

2. If the bidding deposit is insufficient to compensate the tenderer for its actual losses, the winning bidder shall make up the compensation.

3. If the winning bidder fails to pay the bidding deposit, the actual losses of the tenderer must be fully compensated.

However, it is worth noting that if the tenderer fails to proactively issue a notification of the winning bid to the winning bidder in a timely manner after determining the winning bid result in accordance with the law, but only notifies the winning bidder by phone (verbally) to collect it, then the winning bidder will If the bid winning notice is not received, the bid winner can give up the bid on the grounds that the bid winning notice has not been received, and require the tenderer to return the bid deposit and other fees.

This is because according to the provisions of the "Tendering and Bidding Law", after the tenderer determines the winning result, it is obliged to issue the winning bidder notification to the winning bidder in a timely manner, rather than "waiting" for the winning bidder to receive it. If the tenderer fails to fulfill its obligation to issue a bid winning notice in a timely manner, and the winning bidder abandons the bid on the grounds that it has not received the bid winning notice, it may be successful and the corresponding bidding deposit can be recovered.

Therefore, if a dispute arises due to winning a construction project tender, it is recommended to consult a construction project lawyer in time to clarify the hidden legal risks to avoid unnecessary losses.

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