"Article 46 The tenderer and the winning bidder shall conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder within 30 days from the date of issuance of the bid-winning notice. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract. If the tender documents require the winning bidder to submit the performance bond, the winning bidder shall submit it. ? "
"Article 59 If the tenderer and the winning bidder fail to conclude a contract in accordance with the tender documents and the bidding documents of the winning bidder, or the agreement concluded between the tenderer and the winning bidder deviates from the substantive contents of the contract, it shall be ordered to make corrections; You can impose a fine of more than five thousandths and less than ten thousandths of the winning project. "
Therefore, the specific contents of the contract terms should have been determined in the tender documents and bidding documents.
2. If the specific details of the contract terms are not specified in the tender documents and bidding documents, which are defects in the bidding process, Party A and Party B shall further negotiate according to the principles of the tender documents and bidding documents.
3. Since the letter of acceptance has been issued, the contractual relationship between the two parties has been determined, and the specific details of the contract terms have not been determined in the bidding documents and bidding documents, and the two parties cannot reach an agreement, it shall be handled as a contract dispute. If Party B is not at fault, Party B has the right to claim back the bid bond (but it must be reported to the tendering agency for the record. Generally, tenderers are unwilling to come to this step, so there should be opportunities for discussion).
4. Both parties can appeal to the competent department for adjudication.