A timely bidding program approval and construction bidding documents for the record
Based on the relevant bidding laws and regulations, the bidding program (scope of bidding, bidding and bidding organization) approval and construction bidding for the record is to carry out construction bidding activities must be completed two of the most basic work. The state set the bidding program approval is to ensure that the law should be open bidding projects to implement open bidding. The purpose of the bidding record is to facilitate the administrative supervision of bidding activities.
According to the "General Office of the State Council issued by the relevant departments of the State Council to implement the administrative supervision of bidding activities of the division of responsibilities of the notice" (State Council [2000] No. 34), the Development and Reform Commission is responsible for the national bidding guidance, coordination and approval of the project's bidding and bidding scope; the administrative department in charge of the respective industry is responsible for their respective industrial project bidding activities; all types of housing construction The supervision of bidding activities of various types of housing construction and its supporting lines, pipelines, equipment installation projects and municipal engineering projects is the responsibility of the administrative department in charge of construction.
In order to provide quality services to project owners and to standardize and effectively carry out the construction bidding agent business, the bidding agent enterprise shall take the initiative to assist the bidder in determining the scope of bidding for the investment and construction projects, designing the bidding scheme, preparing the bidding plan, formulating the mode of contract management (engineering and construction method), dividing the contract packages or bidding segments, formulating the bidding method for each contract package, and arranging the bidding sequence. Urge the bidders to apply for bidding approval or bidding content change approval procedures in a timely manner.
In the design of the bidding program, the development of contract management mode of contracting, it should be noted that: in addition to the key parts of the construction of special specialized projects or special equipment and equipment installation, generally can not be set up for the division of the project as a contract package or section; a minimum contract package or section is both a unit of work; for the process-oriented industrial investment and construction projects, in order to improve the quality of the project, shorten the For the purpose of improving the quality of works, shortening the construction time and expanding the investment benefits, it is recommended to use the general contracting construction method (only one design-build general contracting package is set up for a construction project).
In accordance with the provisions of the relevant bidding laws and regulations, the bidder shall, before the bidding documents prepared in accordance with the bidding approval are put on sale (including clarification or modification of the bidding documents), report the bidding documents to the competent department of the industrial government in the place where the project is located for the record of the construction bidding documents. The bidding agent shall assist the bidder in registering the bidding for the record with the bidding program approval procedure and the entrusted bidding agent agreement as well as the first draft of the prepared construction bidding documents with the bidding tender management agency of the competent industrial government department at the location of the project, and obtaining the bidding record registration number. The bidding agent shall write the name of the bidding program approval document and the construction bidding document filing registration number prominently in the final draft of the construction bidding document.
II. Statutory time limits and key working hours shall be written prominently in the construction bidding documents
In compliance with the relevant bidding and tendering laws and regulations, the statutory time limits for construction bidding are as follows:
(1) the bidding documents or the pre-qualification documents shall be put on sale for not less than five working days;
(2) the minimum bidding deadline or the minimum bid opening time shall be not less than twenty days;
(3) the deadline for clarification or modification of the bidding documents by the bidder is at least fifteen days before the deadline for submission of bids;
(4) the validity period of the bidding deposit shall be thirty days in excess of the bidding validity period;
(5) the latest time for determination of the successful bidder (finalization of the bid) by the bidder shall be thirty working days prior to the date of expiration of the bidding validity period;
(6) the latest date for submission of the bid to the The project's industry's bidding activities supervision department to submit a written report on bidding (construction bidding for the record) is not greater than fifteen days from the determination of the winning bidder (finalized);
(7), the latest time to enter into a construction contract is not greater than thirty days from the date of issuance of the notice of the winning bid;
(8), the latest time to the successful and unsuccessful bidders to return bid deposits is not greater than five working days after the date of conclusion of the construction contract.
By the above statutory time limits and construction bidding management of various industrial projects can be assumed that the following key construction bidding activities:
① construction bidding documents, the final draft of the date of preparation of the bidding deadline of at least twenty days before the deadline for bidding;
② organization of potential bidders to set foot on the site time is not less than the deadline for clarification or modification of the bidding documents of the bidders ( In the bidding deadline sixteen calendar days before);
③ bidders request clarification of the bidding documents of the deadline is not less than the preparatory meeting for bidding (if any) the convening time or not less than the deadline for clarification or modification of the bidding documents of the bidders (in the bidding deadline sixteen calendar days before);
④ preparatory meeting for bidding is not less than the time of the bidding clarification or modification of the bidding documents of the deadline (in the bidding deadline);
④ preparatory meeting for bidding is not less than the deadline for the bidding (i) the deadline for clarification or modification of the bidding documents by the bidder (sixteen calendar days before the deadline for submission of bids);
5 (ii) the time when the bidder confirms receipt of the clarification or modification of the bidding documents shall be the same day on which the clarification or modification of the bidding documents is issued;
6 (iii) the bidding period of validity shall not be less than sixty calendar days at the minimum;
(vii) in the case of bidding for building construction and municipal infrastructure works, the maximum price of bidding price (threshold price) shall not be lower than the maximum price of bidding price (maximum price of bidding price), if the bidder sets If the bidder sets the maximum price of the bidding offer (block price), this block price shall be announced three calendar days before the deadline for submission of bids;
⑧ For the bidding projects of housing construction and municipal infrastructure projects, the winning candidates of the public bidding shall be announced on the same website where the bidding announcement of the project is published and in the construction engineering trading center, and the minimum period of the announcement shall not be less than two working days;
⑨ After the project's industrial The bidding activities of the regulatory department of the bidding situation written report (construction bidding situation of the filing report) hearing to confirm that the project in the construction bidding and tendering activities in no violation of the law, within the prescribed time the bidder to the successful bidder to issue a notice of the winning bidder, and unsuccessful notification sent to unsuccessful bidders;
⑩ For housing construction and municipal infrastructure projects bidding projects, the construction administrative competent department does not notify the bidder within five days from the date of receipt of the written report on the bidding and tendering situation that there is a violation of law in the bidding and tendering activities, it may issue a notice of award to the successful bidder and serve the notice of unsuccessful bid to the unsuccessful bidder.
Three, all-round design of construction bidders qualifications
In order to establish the value of the use of investment and construction projects in a timely manner, to ensure that investment and construction projects to obtain the maximum benefits of investment; investment and construction project owners through the construction bidding of this orderly and competitive procurement is not only the choice of a project with the project project scale, the construction of technical matching contractor, and more importantly, is to seek a share the construction responsibility and risk, share the investment and construction projects. Construction responsibility and risk, share the results of investment and construction projects the best partners. Therefore, the design of construction bidder qualification conditions become the key to realize the effect of construction bidding and ensure the smooth implementation of investment and construction projects. If the qualification conditions for construction bidders are designed too high, there will be fewer bidders who can fulfill the bidding project, resulting in insufficient competition and easy to cause bid-rigging and collusive bidding. If the design of the construction bidder qualification conditions are too low, the construction enterprises to participate in the bidding, not only to increase the bidder's workload, such as bid evaluation, waste of bidders and bid evaluation experts, such as energy and social resources (people and money), and easy to "malicious complaints", resulting in a decline in the credit reputation of the bidder to participate in the next bidding for the construction enterprise Will be reduced, and more serious is a large number of good and bad bidders due to their own business costs are different, resulting in a huge difference in the bidding price, resulting in the bidder can not be realized through the bidding to choose a project with the scale of the project, advanced technology to match, and the bidder **** bear the risk of the construction of the best contractors.
The author believes that the number of potential bidders depends mainly on the bidder's credit reputation, the concentration of the construction industry, contract management mode and design of construction bidder qualification conditions; construction bidder qualification conditions appropriate design should ensure that there are 5 to 7 (up to 9) bidders to participate in the bidding; construction bidder qualification conditions can be by the basic conditions of the law, the legal limitations, statutory construction qualification, project performance ability and credit reputation and other five qualification conditions.
1, construction bidder qualification statutory basic conditions
Construction bidders must be a legal person or other organization with the right and obligation to independently enter into contracts and perform contracts (subject to enterprise business license and corporate code certificate).
Each member of the bidding consortium participating as one bidder must be a legal person or other organization.
2. Statutory restrictions on the qualifications of construction bidders
Suspected violation of the principle of fair and equitable bidding affiliates of the bidder, legal persons and their affiliates with whom the bidder has a relationship of interest (mutual shareholding relationship, etc.), legal persons or other organizations providing engineering consulting or design or supervision or bidding agent or project construction services for the bidding project, consultants with the bidding project, Designers, supervisors, project agents and bidding agents with the same legal representative or mutual shareholding or the project manager and the main technical staff of the legal person or other organization shall not participate in the bidding.
Two or more legal persons or other organizations with the same legal representative, two or more legal persons or other organizations with mutual equity participation, etc., suspected of bid-rigging, collusive bidding legal persons or other organizations shall not participate in the bidding. Each member of the consortium shall not bid alone, nor shall they form a new consortium or participate in other consortium bidding.
The following acts of legal persons or other organizations are also not allowed to participate in the bidding:
① proposed to transfer all the winning project, respectively, or illegal subcontracting of part of the main body of the winning project, the key work layer by layer;
② bribery and other illegal means of obtaining the winning bid;
③ falsehoods and other improper ways to obtain the winning bid;
④ to rely on qualified or highly qualified units and bidding in their name (bidding in the name of others);
5 to obtain qualification certificates from other units through transfer or rental, etc.
6 to serve as the construction site project leader, technical leader and the main full-time management personnel are not employees of the unit.
3, construction bidders legal construction qualifications
State of the construction market, one of the main construction enterprises in the construction industry to implement qualification qualification access and safety production licensing system. Where engaged in civil construction and equipment installation project construction enterprises must apply to the competent department of construction administration at all levels of construction enterprise qualification and safety production license. Enterprises that have obtained the qualification certificate of general contracting for construction can undertake general contracting works of the corresponding level of the scope of qualification license and various specialized contracting works within the scope of coverage of the qualification of general contracting; enterprises that have obtained the qualification of specialized contracting can undertake specialized works subcontracted by the general contracting enterprise for construction and specialized works contracted by the construction unit in accordance with the law. The enterprise qualification certificates and safety production licenses issued by the competent departments of construction administration at all levels in accordance with the law are valid throughout the country.
Based on the approved bidding program determined by the construction content, scope and scale of the bidding project, in accordance with the "construction general contracting enterprise special qualification standards" and "construction industry enterprise qualification level standards" developed by the construction general contracting and professional contracting enterprise qualification level construction licensing scope of the construction can be designed to determine the construction of construction bidders legal construction qualifications. For the construction of general contracting projects, in addition to the requirements of the general contractor bidders at the same time with the bidding project corresponding to the construction of general contracting enterprise qualification level and a valid safety production license, should also be explicitly required to proposed to undertake the non-main structure and non-critical work of the subcontractors also have the same time with the proposed to undertake the project corresponding to the professional contractors with the corresponding level of qualification and a valid safety production license.
Additionally, according to the "Regulations on the Safety Supervision of Special Equipment" (State Council Decree No. 549), for special equipment and pressure piping components installation projects, in addition to requiring construction bidders to have the bidding for the project with the corresponding electromechanical installation project construction general contracting or electromechanical equipment, elevators, lifting equipment, pipeline engineering and other professional contractors qualification level and a valid safety production license should also be Clearly required to obtain special equipment safety supervision and management department license.
It should be noted that, in accordance with the principle of fair and just bidding, construction bidding documents shall not appear higher than the actual situation of the bidding project required qualification requirements or higher than the amount of registered capital required by the statutory construction qualification level and set discriminatory qualification requirements; for the consortium bidders, each member of the consortium shall have to undertake the construction of the content of the corresponding legal Each member of the consortium shall have the corresponding statutory construction qualification and valid safety production license for the construction content to be undertaken; for the consortium composed of legal persons or other organizations of the same profession, the consortium qualification level shall be determined according to the member with the lower qualification level; for the subcontractor of the general construction contracting project, it shall not limit or designate specific patents, trademarks, names, designs, places of origin or production suppliers, and if it is necessary to cite the technical standards of a certain production supplier in order to accurately or clearly explain the technical standards of the project to be subcontracted If it is necessary to cite the technical standards of a producer and supplier to accurately or clearly explain the technical standards of the project to be subcontracted, the reference should be followed by the words "or equivalent to"; and can not contain blackmail, implying that the bidder in the bidder to subcontract a part of the work to the project's region, the system of contractors, suppliers, and the words and phrases.
4, construction bidders project performance qualifications
Construction bidders project performance (human, material and financial) qualifications should be set in accordance with the specific characteristics of the bidding project and the actual need. Among them, manpower performance qualification mainly contains the bidder to be sent to the construction site of the project manager (project manager), technical personnel and key positions full-time management personnel and key construction positions of technical workers' professional quality requirements, physical performance qualification refers to the bidder to be invested in on-site construction equipment and quality testing equipment requirements, financial performance qualification refers to the bidder to provide the construction site of liquidity The requirements of the financial performance qualification refers to the bidder to provide construction site liquidity requirements.
Practice shows that the contractor site construction quality and safety assurance management system (project manager as the head of the management team) of the operational efficiency of the bidding project to determine the success or failure of the construction. Project manager and his management team of each member of the quality of their own knowledge (cognitive ability), technical level, management ability (decision-making, organization, command and adaptability) and work experience to determine the contractor to perform the contractual obligations of the efficiency of the contract; key construction positions of the professional qualities of skilled workers (cultural level, job experience, etc.) directly affect the quality of contracted works. Therefore, restrictions shall be set on the professional quality of the project manager, technical manager and full-time management personnel for key positions and technical workers for key construction positions that the bidder intends to send to the construction site.
The basic conditions of the professional quality of the project manager is: there must be with the construction content and scale of the bidding project in line with the professional and level of the registered construction division and professional and technical title certificates and obtain a certificate of passing the safety production assessment; and the bidder has a legitimate labor and personnel relationship certificate (to the labor contract, the social integration of the pension insurance payment certificate shall prevail); similar project performance (to the contract and the unit of) Project Quality Completion and Acceptance Record Sheet shall prevail);
The basic conditions for the professional quality of the technical person in charge and full-time management personnel in key positions are: professional and technical title certificates of professions and grades that match the construction content and scale of the bidding project; proof of legitimate labor relations with the bidder; and performance of similar projects (with the technical person in charge subject to contracting contracts and the construction organization design or the construction program review form); The full-time safety administrator must obtain the certificate of safety production assessment.
Vertical transportation machinery operators, installation and dismantling workers, demolition operators, blasting operators, lifting and signaling workers, ascent and erection operators and other key construction position skilled workers (including electricians, erectors, etc.) must enter into a labor contract with the bidder, must be through the competent construction department's safety operation training, and obtain the certificate of qualification for the operation of the special operation positions.
According to the construction technology of the bidding project and to ensure that the project construction quality, progress, investment efficiency and other objectives to achieve as well as to meet the safety, environmental protection, energy saving, efficiency and other functional needs of the main or specialized construction equipment and quality testing equipment can be set specific requirements. For example, construction bidders to be put into the construction site of self-purchased, leased safety and protective gear, machinery and equipment, construction machinery and accessories, must have a production license, product certification. Construction cranes must have by the special equipment safety supervision and management department approved by the inspection and testing organizations issued by the safety performance testing of qualified documents and safety technology files. With the quality of the main structure of the project to carry out on-site physical and mechanical properties of the instruments and equipment required for testing work; which, the use of measuring instruments belonging to the mandatory calibration must have a special inspection and testing organizations issued by the validity of the validity period of the metrological calibration of the documents.
In order to ensure that on schedule, full payment of wages sent to the construction site personnel and procurement of building materials and components and other matters, you can require construction bidders for construction site liquidity is not less than the bidding project bidding price or block price of a certain percentage of the bank's credit line (to the bidder to issue the bank's creditworthiness shall prevail).