Engineering Tendering and Contract Management Course Study Summary
Below I, DL, have collected the "Engineering Tendering and Contract Management Course Study Summary" for everyone to read and learn from!
Following the Third Plenary Session of the Eleventh Central Committee, the socialist market economy has achieved vigorous and stable development, and the contracting of engineering construction projects in my country’s construction field has also gone through a process from planned allocation of tasks to market autonomy. Coordinate and undertake engineering construction tasks, and then develop to the gradual formation of the current physical construction market. Many construction units have gradually adapted to the reform and opening up and actively participated in the bidding and bidding of construction projects. Therefore, large investment in project construction has become a hot topic of social concern. Due to the cruel market competition, there are many wolves but few meat. In order to obtain contract contracts and huge profits, various construction units or their agents have adopted many unfair competition methods. Violations of laws and regulations often occur during project bidding, which has aroused widespread concern from all walks of life. Judging from the corruption cases investigated and dealt with in recent years that violate the party's work style and clean government, the engineering construction field is still a high-incidence area for corruption and has become a hot issue in anti-corruption work, which has had a negative impact on the healthy development of the entire construction industry.
1. Engineering project bidding process
The bidding management of engineering projects is never a part of project management. The significance of engineering project bidding is to introduce a competition mechanism in order to reach transaction agreements and conclude contracts, which has both economic activities and civil legal actions. The process management of bidding is actually the introduction of a fair and open competition mechanism in project construction, and the optimization of design, construction, materials, equipment and general contracting units has achieved a project management process that shortens the construction period, improves project quality and saves investment. The basic content of tendering and bidding mainly consists of the following aspects:
Tendering: Invitation to Tender refers to the tenderer (buyer) issuing a tender notice stating the name, specification, quantity and other contents of the purchased goods. Conditions, the act of inviting bidders (sellers) to bid at a specified time and place in accordance with certain procedures. An economic act in which the tenderer formulates and publishes tender documents according to its own purposes, solicits bidders and selects the best contractor for the project. Bidding can create competition among bidders and achieve the purpose of selecting the best among the best, thereby obtaining the best investment returns. Bidding methods include public bidding, invitational bidding and negotiation.
Bid opening: The bid opening of a project means that the bidder or his agent opens the bid in public at the specified time and place in the presence of the bidders, and announces the name of the bidder, the bid price and the bid price. The process of effective modification of bid prices and other main contents.
Bid evaluation: Engineering project bid evaluation is a bid evaluation team composed of the bidder or bid evaluation experts randomly selected by the administrative department on the same day to conduct commercial and technical evaluation of valid bids in accordance with the requirements of the bidding documents. Review, analyze and compare evaluations, and finally rank the merits based on the scoring results.
Winning bids: Winning bids means that the tenderer formally notifies the bidders in the form of a bid winning notice that they will be selected for admission, and then the tenderer and the winning bidder enter into a contract in accordance with relevant laws and bidding documents to establish a contracting relationship. For the bidder, this means winning the bid: for the tenderer, it means accepting the bidder's bid. The bidder selected after bid evaluation is called the winning bidder.
2. Problems and phenomena:
1. There is room for artificial flexibility in the existing regulatory system
At present, the regulations based on bidding for construction projects are mainly " The Bidding and Bidding Law of the People's Republic of China, the Construction Law of the People's Republic of China and relevant ministerial orders and local regulations. Some provisions of the Bidding and Bidding Law themselves leave room for flexibility for owners or agencies. For example, Article 12
gives project owners the power to handle bidding matters; Article 18 Paragraph 2 and Article 20 stipulate that there shall be no discriminatory provisions against bidders; Article 40 Comments The bid committee shall review and compare the bid documents, etc. To a certain extent, the grasp of these terms places higher moral constraints on the parties than legal constraints. At present, bidding competition is very fierce, the gap between competitors' scores (comprehensive evaluation method) is very small, and the small flexibility space provided by the law directly affects the bid evaluation results. As the law guiding my country's bidding activities, the "Tendering and Bidding Law" should give all parties room to pursue efficiency. However, as a government-invested project, there should be stricter regulations to ensure the fairness of the bidding work and minimize flexibility. space.
2. The current situation of the system provides? Operation? Possibility
At this stage, my country's construction system is basically divided into strips and blocks. Each legal entity assumes the responsibility of project owner and accepts it according to administrative affiliation. Supervised by their superior authorities. In order to solve the professional quality problem of each project legal entity, a bidding agency system was introduced during the bidding stage, social supervision was hired during the construction stage, and government supervision was mandatory. From a practical point of view, most of the problems existing in the construction market sprout in the bidding stage. The introduction of the bidding agency system has not realized the implementation of the "three fairs" principle in the project bidding process. The reason is institutional issues. In the existing construction system, project legal persons are not legal persons in the essential sense. They are entrusted agents of governments at all levels. They have the flexibility provided by law. These agents are involved in the selection of bidding agents, qualification review, bid evaluation, and determination. At the same time, only moral constraints guide their decisions for the institutions they serve. In economics, there is an assumption of rational people. When they can obtain greater returns in personal interests with minimal risks, moral binding force becomes fragile. In practice, there are situations where leaders do not intervene, but managers do; project owners do not intervene, but bidding agents do. This reality illustrates everything.
3. The social foundation for honest management is still weak
Our country is in the initial stage of building a socialist market economy. Although the market economy has dominated the entire social life, due to the long-term As a result of the planned economy and the influence of traditional culture, people are still passionate about "power" in their daily activities. Although construction products involve everyone, unlike home appliances, the public can independently exercise the power to purchase and supervise. As a result, the home appliance industry must operate with integrity and win the trust of the people in order to gain market share. In reality, the power to purchase construction products is concentrated in the hands of bidders, agents, and bid evaluation expert committees. Since some contents and processes of construction product bidding need to be kept confidential, it objectively makes it inconvenient for social supervision and reduces the risk of bidders failing to bid due to false information. In addition, if a company fails to bid for a project due to false information, it will not be expelled from the market like in developed Western market economy countries. Therefore, the phenomenon of bidders providing false information to participate in bidding is becoming more and more intense. Relying on the physical construction market and using existing information technology, it is completely possible to conduct accurate and comprehensive verification of bidder information. However, due to local protectionism, the integration of the national unified information platform lags behind the actual supervision needs, and also provides "black-box operators" with Got the chance.
4. The parties to the transaction have not yet become substantially independent market entities.
It has been analyzed that under the current system, project owners are only legal entities, and in essence are only parties to the transaction. agent of the next level government.
The value orientation and power of the project owner determine that the bidding agent cannot conduct bidding operations purely from the perspective of fairness and efficiency, otherwise the bidding agent may lose the market. Under the constraints of this system, in a sense, the bidding agent only helps the owner to complete the bidding operation that complies with the legal procedures according to the owner's wishes. Some bidding agencies act according to the owner's wishes, making the owner's preferred bidder legal. change. The important main contractor among the parties in the construction market transaction is even more special in our country; 5. There are difficulties in the supervision of the bidding work by the administrative departments; from a legal point of view, the administrative departments currently mainly rely on the "Tendering and Bidding Law"; 6. The bid evaluation expert committee failed to fulfill its intended function; the promulgation of the "Tendering and Bidding Law" legally restricts bid evaluation in bidding activities; it is difficult to grasp the professional quality, especially in the case of insufficient storage capacity, in compliance with the law; construction project bidding The behavior has become a hot topic in society, and leading departments at all levels, especially administrative departments and administrative supervision departments have invested a lot of energy
Contractors, important entities among all parties, are even more special in our country. Currently, there are some individual "contractors" in the construction market who participate in project bidding in the name of legal persons. This is also determined by China's unique contractor system. As a fully competitive industry, the building construction industry has low industry thresholds, but there are policy barriers and qualification management for entry into the industry. Due to historical reasons, my country's construction enterprises, especially those with high-level qualifications, are still dominated by state-owned and collective enterprises. These state-owned enterprises have not yet formed a driving force for enterprise development after years of reform. Due to the existence of policy barriers in the construction industry, companies in the industry are in a state of being unable to get in, making competition in the industry increasingly cruel, and many inappropriate methods have to be adopted in order to survive. As managers of current state-owned (collective) enterprises, they must make rational choices that are conducive to their own survival in response to the existing market competition situation, choosing business ideas that pose less risk to themselves. Independent bidding by enterprises requires a lot of investment and involves a lot of public relations expenses, which is undoubtedly a pain for state-owned enterprises. If multiple bids are not successful, the operators themselves will have to face a lot of public relations expenses and be helpless, and at the same time, the enterprise will be in trouble; otherwise , through the bidding agent, the company will receive an income by issuing a letter of introduction. After winning the bid, it can also collect management fees and transfer the bidding risk to the "affiliated party". In this way, companies can survive in difficult situations, and business managers do not bear personal risks, and there can even be hidden income. For "affiliated persons", they may not necessarily have the ability (including human and material resources) to maintain the operation of an enterprise; even if they have the ability, it is difficult for them to establish a high-level qualified construction enterprise at the initial stage; furthermore, even if they do To become a high-level construction company, the management expenses required to maintain the operation of the company also make them bear great risks. It is this mindset that has led to the prevalence of affiliations in the current construction market, and even the emergence of individuals who specialize in bidding for profit. In short, in the current construction market bidding activities, all trading entities are controlled by "affiliates" to a certain extent due to institutional and mechanistic reasons.
5. There are difficulties for the administrative departments to supervise the bidding work
From a regulatory perspective, the administrative departments currently mainly rely on the "Tendering and Bidding Law", "Construction Law" and relevant ministerial orders and local regulations to supervise the bidding work, but there is a lack of implementation details in actual work. In particular, the discriminatory provisions stipulated in the law are difficult to grasp, resulting in excessive administrative discretion, making it easy for offside and absenteeism, and also providing opportunities for the tenderer (tendering agent) to operate in secret. In terms of organizational structure, with the deepening of the reform of government agencies, government agencies have become more streamlined and equipped with fewer personnel. At present, our country is in the peak period of construction. The projects are large in scale, large in number, and widely distributed. Many construction project legal persons lack experience in engineering projects as one-time owners, and a lot of problems are bound to arise in the construction market. Faced with this situation, the bidding office established by the construction administrative department and the physical construction market are artificially separated, resulting in a waste of human resources and a further weakening of regulatory power.
From the perspective of administrative means, the construction administrative department lacks effective means to manage the construction market, especially to regulate the behavior of owners, and the only means are punitive negative means. Theoretically, excessive use of negative means will harm itself, and ultimately It will affect the prosperity of your career.
6. The bid evaluation expert committee failed to fulfill its intended function
The promulgation of the "Tendering and Bidding Law" legally defined the status of the bid evaluation expert committee in bidding activities. , which reduces the administrative interference of project owners on project bidding, and theoretically embodies the democratization and scientificization of project bid evaluation. However, in actual operation, the bid evaluation committee did not fulfill its intended function well. Specific reasons are as follows: ① According to the definition of bid evaluation expert qualifications in the Bidding and Bidding Law, only large and medium-sized cities can establish a bid evaluation expert database with a certain capacity, and the number of qualified bid evaluation experts is insufficient; ② Bid evaluation experts come from all walks of life. The ideological, moral and professional qualities of bid evaluation experts are difficult to grasp, especially when the storage capacity is insufficient. Basically, all experts who meet the legal hardware requirements are included. The database is small, resulting in uneven quality of experts; ③ The social selection method of bid evaluation experts only has legal constraints on experts, and administrative constraints are weak. However, due to the special nature of the work, even if the law is violated, it is difficult to obtain evidence and legal restrictions are not strict. As for the quality of bid evaluation, it mainly relies on the moral restraint of bid evaluation experts on themselves. Moral restraint is highly dependent on the environment. In the current complex environment, moral restraint often pales in comparison; ④ Nowadays, there are many bidding projects, and the professional differences in project scale Very big. For most projects, agencies consider reducing bidding costs, and the bid evaluation time is only a few hours. It is unrealistic to require bid evaluation experts to produce high-quality bid evaluation results in such a short period of time, and often only fulfill legal obligations. Just a procedure. Based on the above analysis, we will have an objective understanding of the phenomenon that the existing bid evaluation committee acts as a "rubber stamp" in bidding activities, or that bid evaluation experts participate in "black-box operations" and make specific judgments on specific issues. The existence of many of the above regulations, systems, social environment, mechanisms and characteristics of construction products in construction projects has led to a series of "black-box operations" in construction project bidding activities. Its operational behavior is specifically reflected in the formulation of bidding game rules. These rules have made a series of tendentious arrangements from publishing announcements, accepting registrations, pre-qualifications to bidding documents, and have developed to the point where it is difficult for regulatory authorities to comply with existing regulations. Determine the violation from written materials. Although regulatory authorities in various places have formulated many normative documents to correct these problems, however, due to the above deep-seated reasons, they have not been able to solve them. Market conditions are still not optimistic, and bidding activities in the construction market still fail to fully compete based on the strength of the contractor or the strength of the project management team.
Construction project bidding has become a hot topic in society. Leading departments at all levels, especially the construction administrative departments and administrative supervision departments, have invested a lot of energy and achieved certain results. The phenomenon of leaders appointing contractors and blatant illegal operations has been curbed, but illegal operations, from open to hidden, are still rampant in bidding activities and are covered with a "legal" cloak. These phenomena inspire us to think about existing bidding. Institutional design. The author believes that due to the characteristics of construction products and the active human factor in bidding activities, in order to fundamentally curb illegal activities in bidding activities, human intervention in the activities must be reduced, which will inevitably sacrifice some efficiency. From the current and development point of view, the proportion of state-owned investment in the fixed asset investment of the entire society will gradually decrease. The government can completely leave the efficiency of the development of the construction industry to the market. The bidding for general government investment projects is based on the "three public" principles, emphasizing The principle of giving priority to fairness while taking into account efficiency will treat contractors who have crossed the threshold equally in specific operations. Bidding and game rules will increase randomness and ensure fairness. This will help improve the government's image and maximize the benefits of government investment projects.
At present, the knowledge we learn is still relatively shallow and has not yet been applied to social practice. I think that in the future study and life, we must continue to work hard to enrich our knowledge and arm our minds with knowledge. .
The above opinions are my humble opinions based on the knowledge in books and the Internet. I would like to ask the teacher to correct me. ;