I would like to ask what is bidding and tendering

The developer proposes to develop a project with the following procedures:

I. Consider whether the project should be subject to bidding

The following works may not be subject to bidding:

1. Works involving national security and state secrets.

2, disaster relief works.

3, the use of poverty alleviation funds to implement food for work or the use of migrant workers in special circumstances.

4, resumption of construction of unit works after stopping or slowing down construction, and the contractor has not changed.

5, the construction of construction enterprises to build their own works, and the construction company's qualification level in line with the project requirements.

6, additional ancillary minor works or main body of the project under construction, and the contractor has not changed.

7. Other cases stipulated by laws, regulations and rules.

In addition to the above works are subject to bidding.

Second, if the tender must be carried out, then consider whether the tender or commissioned

Construction regulations: the law must be bidding for the project, the bidder if the preparation of bidding documents and the organization of the ability to evaluate bids, you can bid on its own, the conditions for the requirements of:

1, there is a special bidding organization;

2, there is a project scale, complexity appropriate to the size and complexity of the project, the contractor has the ability to bid on its own.

2, with the scale of the project, the complexity of the same type of project bidding experience, familiar with the relevant laws and regulations on project bidding engineering, budgeting and project management professionals.

Does not have the above conditions, the bidder can choose and entrust the appropriate qualifications of the project bidding agency agency bidding.

Third, if you determine to bid on their own, then consider what kind of bidding

public tender or invitation to tender, and in the bidding notice or issue an invitation to tender five days before the construction administrative department of the local people's government at or above the county level where the project is located or entrusted by the supervision and management of the bidding of the project for the record, and to submit the appropriate materials, where the project is located. The competent department for construction administration of the local people's government at or above the county level or the supervisory and management institution for project bidding has no objection within 5 days from the date of receipt of the filing materials, the bidder may handle the construction bidding on its own; if it does not have the prescribed conditions, it shall not handle the bidding on its own. Required documents for the record:

1, the annual investment plan of the construction project and the construction project report for the record registration form;

2, construction bidding for the record registration form;

3, the project legal entity's certificate of legal personality and power of attorney;

4, the bidding notice or invitation to bid;

5, bidding agency about the Engineering technology, budget, finance and engineering management and other professional and technical personnel list, title certificate or practicing qualification certificate and its work experience.

Construction project construction bidding registration form (Schedule I)

Public bidding compared with the invitation to bidding, can be in a larger range of preferential selection of the winner, is conducive to bidding competition, but the bidding cost higher, longer. Building regulations: construction bidding must be carried out in accordance with the law, all the use of state-owned capital investment or state-owned capital investment in a controlling or dominant position, shall be open tender; other projects can be implemented by inviting tenders. The Bidding Law further determines: "the development planning department of the state council to determine the national key projects and the people's governments of provinces, autonomous regions and municipalities directly under the central government to determine the local key projects are not suitable for public bidding, the development planning department of the state council or the people's governments of provinces, autonomous regions and municipalities directly under the central government for approval, you can carry out the invitational bidding."

Invitation to bidding, the bidder shall issue an invitation to bid to more than three construction companies that have the ability to undertake the construction of the project and have good credit.

The projects for which invitation to tender is used generally fall into one of the following categories:

1. Projects involving confidentiality.

2, specialized requirements of the project, the general construction enterprises lack of technology, equipment and experience, the use of public tender response less.

3, the volume of work is small, the contract value is not high construction projects, the strength of the construction company lack of attraction.

4, the location of scattered and labor-intensive construction projects, the lack of attraction to construction companies from outside the region.

5, construction projects with tight deadlines, there is no time for public bidding.

6, other construction projects where the time and cost of using public tender is not commensurate with the benefits that may ultimately accrue to the bidders.

The construction of a construction project may be divided into a number of contract packages, and different methods of tendering may be used for different elements of the work to be contracted out.

four, if the use of self-bidding, the first pre-bidding filing, entrusted to the agency bidding matters, should sign the commissioning agent contract.

V. After the pre-tender filing or signing the agency contract, start the preparatory work before issuing the tender.

(I), divided into bids

The bidder shall consider determining the scope of the contract issued according to the characteristics of the project, its own management capacity, the impact on the total investment in the project, the duration of the requirements and other factors. Can take the project general contracting mode (turnkey project, that is, the owners of certain projects sometimes out of the management of the project construction process is not too familiar with the consideration of the implementation of the project involved in the process of design, construction, procurement of materials and equipment, completion and warranty package contracted to a contractor a simple project management model, many projects at home and abroad to use this model, see the "Construction Engineering Contract Management (250 pages.)

(ii), determine the contract pricing method

General contracting contract, survey contract, design contract, supervision contract is generally adopted in the form of lump-sum contract. Construction bidding, has completed the construction drawings design of small and medium-sized projects, can be used for lump-sum contracts; for the completion of the preliminary design of large-scale complex projects that are bidding, should be used to estimate the volume of work unit-price contract.

(3), prepare the documents required for bidding

public tender notice; invitation to tender invitation to bid.

Bidding notice, invitation to tender (see attached table II, attached table III)

(4), the implementation of open tendering, bidding notice to be publicly announced in the state and provincial (municipalities directly under the central government, autonomous regions) the provisions of the newspaper or information network or other media, and at the same time in the Chinese engineering construction and construction information network publicly announced. The implementation of the invitation to tender, the bidder must want to more than three bidders who meet the qualification conditions to issue an invitation to tender.

(E), prepare pre-qualification documents.

Pre-qualification is in the bidding stage of the first screening of bidders applying for, only open tendering set up pre-qualification procedures, invitation to bidding as a result of bidders invited to the qualifications and ability to have knowledge of the subject so do not set up this procedure. However, when inviting tenders, open tendering pre-qualification review of the main content is often also to be placed in the evaluation of the review and comparison, as the evaluation of the comparison of the elements of the tender. In general, the bidder only through the pre-qualification documents, application for pre-qualification (according to the pre-qualification documents required to fill out) to understand the application of all aspects of the situation of the bidder, not to the bidder face to face to understand the situation.

Pre-qualification documents include "pre-qualification instructions" and "pre-qualification form" two parts:

Pre-qualification instructions:

(1) project profile

A, the contractor to raise the project Construction Funding Sources.

B, general project overview, including the name, nature, scale, environment-specific description.

C, Description of the Work to be performed under this Contract.

D, Setup and services to be provided by the Offeror.

E. Supervisory authority responsible for the Work, etc.

(2) Basic Requirements for Bidders

A. Minimum qualification criteria for bidders.

B. Qualification requirements for consortium bidding.

C. Description of the main elements of pre-qualification.

D, evaluation criteria for passing the pre-qualification, etc.

(3) Notes on filling out the pre-qualification form

A. Supporting materials that must be submitted.

B. Matters to be noted in filling out the pre-qualification form.

C. Requirements for consortium bidding, etc.

(4) Description of Prequalification Procedures

A. The latest time for acceptance of bidders' applications for prequalification.

B. The manner in which the bidder gives notice of pre-qualification pass/fail.

C. Requirements for return receipt of confirmation of participation in bidding competition for pre-qualified bidders, etc.

Prequalification Form:

Prequalification Form for General Civil Construction Projects (Exhibit V)

Prequalification Form for Large-Scale Industrial Projects (Exhibit VI)

(F) Where public tendering is practiced, the bidders, after learning about the notice of invitation to tender and intending to submit bids, shall obtain the prequalification documents at the time and place stipulated in the notice of invitation to tender (the prequalification documents shall not be refunded after purchase). (The prequalification documents cannot be returned after purchase).

Potential bidders in the announcement of the tender, then enter the bidding decision-making stage, *** divided into two stages:

1, bidding decision-making stage: must be completed before the purchase of pre-qualification documents, the stage should be completed through the bidding announcement, the company's bidding for the project, the owner's investigation and the degree of understanding of the situation of the "Whether to bid" to make a conclusion. Usually should be abandoned bidding:

A, the construction company's main and part-time capacity outside the project.

B, the scale of the project, the technical requirements of the project exceeds the technical level of the construction enterprise.

C, the construction enterprise production task is full, and bidding for the project's profitability level is lower, more risky projects.

D, the construction enterprise technical grade, reputation, construction level is obviously inferior to the opponent's project.

2, the bidding decision-making late stage: refers to the application for pre-qualification and tender offer (sealing the tender) before the completion of the decision-making study stage.

The bidding classification:

1, according to the nature of the two categories of risk bid and insurance bid

Risk bid: would have known that the difficulty of the project, and the enterprise in the technical, financial and other aspects of the difficulties, but due to the team of the nesting or due to the project's profitability of the bidding or for the opening up of new technological areas to participate in order to solve the problems that exist, so that the bid is known as the risk of the bid.

Insurance bid: A bid that has a solution to a foreseeable situation, from technology, equipment, capital and other major problems is called an insurance bid.

2, according to the benefit is divided into two categories of profit bid, capital preservation bid and loss bid

profit bid: if the bidding project is both the enterprise's strengths, but also the opponent's weaknesses, or the construction unit's intention is clear or the enterprise's task is full of rich profits, only to consider letting the enterprise overloaded, the bidding in the case is known as the profit bid.

The capital preservation bid: refers to when the enterprise has no successor project, or there has been a part of the nest, must strive to win the bid, but the bidding of the project the enterprise has no advantage to speak of, the competitors are more, this time the bid is called the capital preservation bid.

Loss bid: divided into four cases A, the enterprise has been a large number of nesting, serious losses. If you win the bid can make at least part of the labor, machinery operation. b, in order to get the bid in the many competitors, at all costs to lower the bid price.

C. In order to squeeze out competitors attempting to insert themselves in the territory where the company reigns supreme. d. To penetrate new markets and gain a foothold in the widening market.

Subjective factors in deciding whether to bid or to reject a bid:

1. Strength in technology

A. An organization of estimators, engineers, architects, accountants and management specialists well versed in the industry.

B. There are project design, construction expertise, the ability to solve technical difficulties and various types of difficult problems in the construction.

C. Have domestic and foreign bidding project similar construction experience.

D, have a certain technical strength of the partners.

2, economic strength

A, the ability to advance funds.

B, a certain amount of fixed assets, machinery and equipment, and the funds required for their input.

C. Have a certain amount of capital turnover, used to pay for construction.

D, to undertake international projects, the need to mobilize foreign exchange required for contracting work.

E. The ability to pay various guarantees.

F. The ability to pay all kinds of taxes and insurance.

G. Should be able to bear the loss due to the risk of force majeure.

H. Undertake international projects, often need to pay a lot of money to hire a lot of experience or have a high status of the agent, as well as other commissions, but also need to have the ability of the contractor.

3. Management ability

4. Reputation ability

Objective factors in deciding whether to submit a bid or to reject a bid

1. Situation of the owner and the supervising engineer

A. The owner's legal status, ability to pay, and credibility of performance.

B. The fairness and reasonableness of the supervising engineer in dealing with the problem.

2, competitors and the situation

A, whether the bidding should pay attention to the competitors' strengths, advantages, as well as the advantages and disadvantages of the bidding environment.

B, the competitor's construction in progress is also very important, if the opponent's construction in progress is about to be completed, the opponent hopes to win the bid eagerly, the bid will not be very high, if the opponent's construction in progress is large-scale, long time, the bid is very high.

C. Large companies are adapted to manage large projects, while small and medium-sized companies are adapted to small and medium-sized projects.

3, laws and regulations

A, mandatory laws and regulations where the project is located.

B, the principle of autonomy.

C, the principle of closest connection.

D, the principle of international practice.

E. The principle of the primacy of international law over domestic law.

4, risk issues

A, bidding or not to consider a lot of factors, the need for extensive and in-depth research, accumulation of information, judgment and analysis, in order to make the right decision.

B. Whether to produce benefits.

In summary, the bidder through the decision-making analysis, if the decision to bid on the "purchase of prequalification documents" stage

(g) potential bidders to obtain prequalification documents, according to the prequalification documents required by the format and content of the prequalification application form, and in the specified time and place to the designated unit. unit.

VI. After the bidder receives the application for pre-qualification, the bidding stage begins

(1) After the bidder receives the application for pre-qualification from the potential bidders, it examines and analyzes the content of the application.

In order to comprehensively and objectively examine whether the applicant bidder has the ability to implement, usually submitted pre-qualification form in two steps to assess and compare (generally only the bidder's application for pre-qualification, pre-qualification form for examination, not face to face to understand the situation). The first test whether the applicant bidder has the bidding project set "must meet the standard", if not will be deemed unqualified; and then to meet the basic conditions of the bidder's information on the quantitative comparison of weighted scores.

Step 1: review of the qualifying conditions

Prequalification instructions clearly stipulated in the basic conditions that bidders must meet, can be divided into two categories of general necessary qualifying conditions and additional qualifying conditions.

1, the necessary qualifying conditions: is the bidding project are listed on the basic qualification requirements of the bidders, usually including legal personality, qualification level, registered business scope, financial status, corporate reputation and other aspects of the minimum standards. Pre-qualification conditions necessary to qualify standards are generally used in the form of tables, and by the bidder to determine the specific standards in the space left along with the pre-qualification instructions together with the release, so that each bidding applicant can understand the pre-qualification standards.

Pre-qualification necessary qualifying conditions standard review table (Schedule VII)

2, additional qualifying conditions: with the necessary qualifying conditions of the requirements are different, not every bidding project pre-qualification are set in additional qualifying conditions, but depending on the bidding project whether the potential bidders to have special requirements to decide to have or not. Ordinary projects can be completed by general contractors, may not set additional qualifying conditions. For large and complex projects, especially those requiring specialized skills, equipment or experience, such conditions should be set. Additional qualifying conditions are set in order to ensure that the contracting work can be completed in quality, quantity and on schedule, in accordance with the characteristics of the project rather than for bidders from outside the region or system, and therefore do not contravene the relevant provisions of the Bidding and Tendering Law. The additional qualifying conditions are generally measured by whether the applicant bidder has completed works of the same type or capacity as the works being tendered. The standard should not be set too high, otherwise too few qualified bidders to affect competition; should not be set too low, so that the actual capacity of the bidders do not have the ability to obtain the contract and lead to the completion of the intended purpose; as long as the implementation capacity, engineering experience and other capabilities and the requirements of the tender project in the same order of magnitude.

The bidder may establish additional qualifying conditions with respect to:

(1) Special measures or process expertise required for the work.

(2) Specialized engineering and construction qualifications.

(3) Environmental protection policy and assurance system.

(4) Experience in construction of similar projects.

(5) Qualification requirements for project manager.

(6) Requirements for safe and civilized construction, etc.

Step 2: qualification assessment (weighted scoring quantitative comparison)

The content of the assessment is usually divided into three major parts of the financial capacity, technical capacity and construction experience, each part should also be specific indicators of the refinement of the allocation of weight based on the characteristics of the project bidding and the contractor's requirements are set up to require high requirements in a particular area can be increased in the weight of the quality.

Construction does not promulgate the construction bidding model recommended in the prequalification detailed evaluation of the model standard example (Schedule VIII)

A water conservancy hub construction project prequalification scoring standard example (Schedule IX)

(b) the evaluation personnel on the prequalification of each applicant bidder's objective scoring documents, according to the value of the high and low points ranked in the order of the overall ability to assess the bidder to determine the prequalification of the bidder through the prequalification of the bidding process, and the bidder will be able to determine the quality of the bidder. The bidder determines the short list of pre-qualified bidders.

Pre-qualification using "pass/fail" system. Whether an applicant is qualified or not, not only depends on its final total score, but also to check whether the individual scores meet the minimum required score. If an applicant's total pre-qualification score is not low, but one of the scores is lower than the pre-set minimum score line for that item, he should still be judged to be unqualified. Because if he wins the bid, will be in the construction phase to the contractor to bring great risk.

Currently determine the short list of the following two ways:

1, do not limit the number of qualified: in order to reflect the principle of fair competition, all the total scores in the acceptance of the line above the applicant bidders are considered qualified to participate in the bidding competition. However, the admission line shall be 80% of the total score to satisfy the pre-set full marks for pre-qualification. The use of the World Bank, the Asian Development Bank or other international financial organizations loans to implement the project usually use this heavy approach.

2, the number of qualified: score to meet the total score of 60% or more of the applicant bidders in accordance with the bidding instructions in accordance with the pre-determined number of instructions (5 to 7), from the high points to the low points of admission. At present, the country is mostly used in this way.

(10) regardless of whether the number of qualified persons is not limited or limited to the number of qualified persons, through the pre-qualification after determining the short list, the bidder shall notify all the bidding applicants of the results of the pre-qualification, and pre-qualified bidding applicants pre-qualified notification of pre-qualification, informing of the time, place and method of obtaining the bidding documents. Any applicant bidder who has been pre-qualified may participate in the bidding. And shall be issued to the qualified bidders invitation letter and ask them to return in writing within the specified time whether to participate in the bidding, if there is not participate in the bidding and this pre-qualification using a limited number of qualified to determine the short list of bidders, shall be supplemented by notification of points ranking the next applicant to buy the bidding documents, in order to keep the bidding is competitive.

(c), after the completion of pre-qualification, the evaluation committee shall submit a pre-qualification report to the bidder, and reported to the competent department for construction administration for the record (pre-qualification report for the record). The main contents of the evaluation report include:

1, project outline.

2. Pre-qualification brief.

3. Pre-qualification evaluation criteria.

4. Pre-qualification evaluation procedure.

5, pre-qualification assessment results.

6, pre-qualification evaluation committee list and attachments.

7. Pre-qualification scoring summary table.

8. Pre-qualification sub-scoring table.

9. Detailed evaluation criteria for pre-qualification, etc.

(d), pre-qualification report for the record, the bidder issued a notice of pre-qualification and received a letter of return on whether to participate in the bidding, to determine the final list of bidders to start the preparation of tender documents.

1, the bidder shall, according to the characteristics and needs of the bidding project, on its own or entrusted to the project bidding agency to prepare bidding documents, including:

(1), instructions for bidding, including project overview, scope of bidding, qualification conditions, sources of funding for the project or the implementation of the situation (including proof of funding issued by the bank), the bidding section, the requirements of the construction period, the quality standard, the site The site survey and question-and-answer arrangements, the requirements for the preparation, submission, modification and withdrawal of bidding documents, the requirements of the tender report, the validity period of the tender, the time and location of the bid opening, and the methods and criteria for bid evaluation.

(2) Technical requirements and design documents of the tendered works.

(3), the use of bill of quantities bidding, shall provide the bill of quantities.

(4), the format of the tender letter and appendices.

(5), the main terms of the proposed contract.

(6), the invitation to bid, is sent to the pre-qualified bidders bidding invitation letter, and asked to confirm the written response whether to participate in the bidding.

(7) tender security

The form of tender security. Bidders may be required to submit a bid security in the bidding documents. The bid security may be in the form of a bid bond or a bid deposit. The amount of the bid bond is generally within 1% to 5% of the expected contract price, the contract value of the project to take a smaller percentage, and vice versa to take a larger percentage. Bid bond can use checks, bank drafts, etc., generally shall not exceed 2% of the total bid price, the maximum shall not exceed 500,000 yuan.

The bidder should be in accordance with the requirements of the bidding documents in the manner and amount of the bid bond or bid deposit submitted with the bidding documents.

Bid Bond (Schedule X)

(8), other materials required to be submitted by the bidder.

The bidder shall not put forward excessive qualification level requirements for potential bidders in the bidding documents which are inconsistent with the actual requirements of the bidding works.

2. Supplementation, modification and filing of bidding documents: for the issued bidding documents, the bidder may make necessary clarification or modification in accordance with law, and such clarification or modification shall be an integral part of the bidding documents and shall be notified to all the bidders in writing at least 15 days before the deadline for submitting the bidding documents as required by the bidding documents and shall be reported to the competent department of construction administration of the local government of the county where the construction is situated at or above the county level for the record. construction administrative department of the people's government for the record. The clarification or modification of the content as a valid part of the bidding documents.

The bidding documents supplemented and modified include:

1. Answer to the bidder's written challenge. Bidders study the bidding documents and site visits to certain issues in the bidding documents put forward a written challenge, the bidder if the question to give a written answer to their questions, the solution to this question should be sent to each bidder at the same time, but sent to other people's answers do not relate to the source of the question to ensure fair competition.

2. Pre-bid conference answers. Answers to questions raised by bidders in writing and extemporaneously at the pre-bid conference shall be sent to each bidder after the conference in the form of minutes of the conference.

3. Legal effect of supplementary documents. Whether it is the bidder's initiative on the bidding documents related to the content of the supplement or modification, or the bidder questioned the answer to the written documents or minutes of the pre-bid meeting, all constitute a valid part of the bidding documents, and the original bidding documents issued by the inconsistencies straight to the time of dispatch of the documents rely on the latter shall prevail.

4. The effect of the sending of supplementary documents on the deadline for submission of tenders. At any time the bidders may supplement or modify the contents of the bidding documents, but should give the bidders qualified time to take into account in the preparation of bids. In accordance with the provisions of the Law on Bidding and Tendering, the clarifications or modifications shall be sent to each bidder 15 days before the deadline for submission of bids. Therefore, in case of delay in the above mentioned time, the deadline for submission of bids shall be extended accordingly.

Example of Bidding Documents (Exhibit IV)

(e) Potential bidders shall purchase the bidding documents at the time and place within the pre-qualification notice after they receive the pre-qualification notice and reply to the letter indicating their willingness to participate in the bidding.) After obtaining them, the preparation of the bidding documents will begin and relevant data and related information will be collected.

(f), the bidder in the issuance of bidding documents at the same time, the bidding documents will be reported to the local people's government at or above the county level of the local people's government of the project for the record of the competent department for construction administration (bidding documents for the record). If the bidding documents are found to have violated the laws and regulations, the right to order the bidder to correct.

(VII), the bidder in the time specified in the bidding instructions to organize the bidders at their own expense for on-site investigation, inspection. On the one hand can be the bidder to understand the site situation, natural conditions, construction conditions and the surrounding environmental conditions, in order to prepare tender documents. On the other hand, it can be avoided in the process of contract fulfillment he does not understand the site situation as a reason to shirk the contractual responsibility.

(viii), after the site visit, the bidder in writing to raise questions → bidders in writing to all bidders to issue a Q&A minutes → bidders to obtain the answers to questions and return the receipt → bidders to the administrative department of the construction of the Q&A minutes and for the record (Q&A minutes for the record).

After the Q&A minutes for the record, the bidder organizes the bidding preparatory meeting (i.e., Q&A meeting), the bidder in writing to raise questions → the bidder accepts the questions and prepares to answer → the bidder Q&A meeting to answer and in writing to all bidders to issue the Q&A minutes → bidders to get the questions and answers and return to the bidders to the competent department of construction administration to provide the Q&A minutes for the record (the Q&A minutes for the record).

Supplements and modifications to the bidding documents can be made from the date of issuance of the bidding documents to 15 days before the deadline for submission of bids. If it must be within 15 days of the bidding deadline, the bidding deadline is extended accordingly.

(ix), the bidder in the site visit, access to the minutes of the question and answer, the bidding documents have been clarified and revised (can also be prepared while preparing the bidding documents, while accepting the modification of the bidder at the same time to prepare) to start preparing the bidding documents (preparation of the bidding documents in general, and site visit, access to the minutes of the question and answer, the bidding documents have been clarified and revised at the same time to carry out).

The preparation of tender documents: bidding documents generally in the bidder to participate in the bidding preparatory meeting (pre-bidding meeting) → determine the bidding strategy → determine the construction program → collect relevant information → select the quota, determine the rate → calculate and review the amount of work → calculate the cost of the price → offer analysis and decision-making, after the beginning of the preparation of bidding documents

The Bidding and Tendering Law, Article 27, paragraph 1, provides that: "The bidder shall prepare the bidding documents in accordance with the requirements of the bidding documents. The bidding documents shall respond to the substantive requirements and conditions set forth in the bidding documents."

The bidding document consists of a "bidding letter section", a "business section" and a "technical section".

(x) Handling of Bid Security

Binding Conditions of Bidder's Security. Since the bid security is before the deadline for bidding, the bidder along with the bidding documents submitted to the bidder, so the bid guarantee is bound by the bidder's behavior after the opening. Before the deadline for bidding, any behavior of the bidder can be decided independently without constituting a bidder default, such as applying for pre-qualification does not submit the pre-qualification documents; pre-qualified person does not buy the bidding documents; purchase of the bidding documents do not participate in the bidding; submit the bidding documents after the bidding deadline for the bidding in writing to request the withdrawal of the tender or to change its content, etc. can not be regarded as a default of the bidder.

The bidder may forfeit the bidding deposit if the bidding deadline has caused the bidder's default, including:

1. Requesting withdrawal of the bid after the bidding deadline;

2. Insisting on substantial modifications of the bidding documents after the bidding opening date;

3. Refusing to sign to confirm an error in the calculation of the price quoted as corrected by the Bid Evaluation Committee;

4, refusing to sign the contract after receiving the notification of award;

5, not providing the bidder with a performance guarantee within the time specified in the bidding documents after winning the bid.