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If the bidder does not send a representative to participate in the bid opening, its bid is invalid?

Release time: 2023-10-26 09:41:58 Number of page views: Published by: Kaifeng Public Resources Trading Information network Information source: China Tendering Public Service Platform

 At the opening of a tender project, bidder A raised an objection at the opening site, holding that the representative of bidder B who participated in the opening of the bid did not submit a power of attorney, so the bid is invalid。May I ask whether this objection is valid?How to reply?

 
Analysis: The objection raised by bidder A is not established。Article 35 of the Tendering and Bidding Law stipulates that "the bid opening shall be presided over by the tenderer and all bidders shall be invited to participate.。However, the law does not require bidders to participate in the bid opening, and bidders who participate in the bid opening must submit a power of attorney。Therefore, to participate in the bid opening is the bidder's right, but not the obligation;If there is no special requirement in the bidding documents, the representative of the bidder participating in the opening of the bid need not submit a power of attorney。In addition, even if the bidder does not send a representative to attend the bid opening, it will not affect the validity of the tender documents submitted by it。 
 
The tenderer shall reply on the spot at the bid opening site that the objection of bidder A is invalid and make a record. The failure of Bidder B's representative to submit the power of attorney shall not affect the validity of his bid。

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