缔约过失责任是合同订立过程中一方违反先合同义务损害对方信赖利益而产生的民事责任。招标投标活动是一种相对复杂和特殊的合同缔约过程,在合同成立前因招标人或者投标人故意或过失行为损害对方信赖利益,受损害方通常只能主张对方承担缔约过失责任而非违约责任。缔约过失责任是招标投标 The fault liability of contracting contracting party is the civil liability arising from breach of the contract obligation and damage to the trusting interests of the other party in the contract forming process. Tendering and bidding activities is a relatively complex and special contracting process of contracts. Before the contract was established, the intent or negligence of the tenderee or the bidder harms the trusting interests of the other party. The harmed party can usually only claim that the other party bears the responsibility of contracting a contract rather than breach of contract . Contracting negligence liability is a tender