1. Scope of bidding
The scope of mandatory bidding as stipulated in the Law of the People's Republic of China on Bidding and Tendering (Article 3):
In the territory of the People's Republic of China, the following engineering and construction projects, including the project's survey, design, construction, supervision and important equipment and materials related to engineering and construction must be tendered:
1) large-scale infrastructure and public utility projects that relate to the public interest of the community, public safety
2) all or some of which Procurement, must be tendered:
1) the interests of social public ****, public safety, large-scale infrastructure and public utility projects
2) all or part of the use of state-owned funds for investment or state-financed projects
3) the use of loans from international organizations and foreign governments, assistance to the funds of the projects
"Scope of the tender for the construction projects and scale The scope of mandatory bidding as stipulated in the Provisions on Standards for Construction Projects (Decree No. 3 of the State Planning Commission):
1) Construction projects with the estimated price of a single contract of more than RMB 2 million yuan
2) Procurement of important equipment, materials and other goods with the estimated price of a single contract of more than 1 million yuan
3) Procurement of services such as surveying, designing and supervising with the estimated price of a single contract of more than 500,000 yuan
4) Projects that have the estimated price of more than 1,000,000 yuan. RMB 10,000,000 or more
4) Where the estimated value of a single contract is lower than the standards stipulated in items 1), 2) and 3), but the total investment of the project is RMB 30 million or more.
2, the bidding method
The bidding is divided into open bidding and invitational bidding. Open bidding, means the bidder to invite unspecified legal persons or other organizations to bid by way of bidding notice. Invitation to tender, is the bidder to invite specific legal persons or other organizations to bid in the form of invitation to tender.
3, the choice of bidding
Open bidding: to achieve the legal scope and scale of bidding; the state council development planning department to determine the national key construction projects and the people's governments of provinces, autonomous regions and municipalities directly under the central government to determine the local key construction projects, as well as the use of state-owned funds to invest in all, or state-owned capital investment in controlling or dominant position of the construction project.
Invitation to bid:
(1) the project is technically complex or has special requirements, and there are only a small number of potential bidders to choose from;
(2) it is subject to the restrictions of the natural territorial environment;
(3) it involves national security, state secrets, or rescue and relief, and is suitable for bidding, but it is not appropriate to bid openly;
(4) to be bid openly Costs compared with the value of the project, it is not worthwhile;
(5) laws and regulations provide that it is not appropriate to public bidding.
4. Organizational form of bidding
The bidding may take the form of entrusting the bidding agent to bid or bidding on its own. The bidder has the right to choose its own bidding agency, entrusted to handle the bidding. Any unit or individual shall not in any way for the bidder to specify the bidding agent. Bidders with the preparation of tender documents and the organization of bid evaluation capacity, can handle their own bidding. No unit or individual shall force it to entrust the bidding agent to handle the bidding. The project must be bidding by law, the bidder to handle their own bidding, should be filed with the relevant administrative supervision department.
Second, the construction project bidding process
1, determine the bidding method
Open bidding: online bidding notice
Invitation to bid: the invitation to bidders to invite them to participate in the bidding.
2, the tender notice (public tender)
The public tender to the community through the public **** media. Bidding notice shall state the name and nature of the project, implementation time and access to bidding documents and other matters. And it shall be publicized on the Internet for five days. During these five days, the reception of registration work and qualification examination of bidders and preparation of tender documents.
3, pre-qualification
In the online publicity stage, the bidders can be pre-qualified according to the bidders registration situation, to understand the bidders of the business situation, engineering performance and its ability to evaluate the bid for the future to grasp the first-hand information.
4, the production of bidding documents
Bidding documents prepared according to the characteristics and needs of the project. Bidding documents should include the technical requirements of the project, the effect of the requirements, payment methods, the qualification standards for bidders, bidding requirements and evaluation criteria and all substantive requirements and conditions and the main terms of the contract to be signed.
5. Issuance of bidding documents
The bidding documents prepared for the project shall be issued to the bidders after review and approval, and the bidders shall prepare the bidding documents in accordance with all the requirements of the bidding documents and the actual situation of the project.
6, the organization of the bid opening
based on the relevant provisions of the bidding law, public singing, public demonstration, and announced the main contents of the bidding documents.
7, bid evaluation:
The bidder and the expert evaluation panel for detailed evaluation of the project, and ultimately selected the enterprise strength, good performance, bidding price is reasonably low to undertake the project.
The bid evaluation committee consists of the bidder and the relevant technical, economic and other aspects of the experts, including technical, economic and other aspects of the experts shall not be less than two thirds of the total number of members, and engaged in the relevant fields of work for eight years and has a senior title or equivalent professional level. The person in charge of the bid evaluation committee shall be elected by the members of the bid evaluation committee or determined by the bidder. The head of the bid evaluation committee and other members of the bid evaluation committee have the same voting rights.
Ranked according to the results of the scoring of the expert evaluation committee, and recommend the top three for the proposed winning bidder, the first ranked as the winning bidder.
8, finalize the bid: after determining the winning bidder, the winning bidder will be announced on the Internet (five days), the winning bidder of the project will be issued a notice of award, and the winning bidder will sign a contract with the bidder.
Three, the core of effective bidding for construction projects
1, the establishment of bidding management system
Establishment of a perfect bidding management system is a key link in the organization of the bidding. Bidding management is to meet the needs of the quality of the project under the premise of low-cost procurement, low-cost services, the so-called "backroom operation" that occurs outside the enterprise, into the internal supervision and control.
Tendering management system specifically includes the establishment of clear responsibilities of the enterprise organization, the development of a sound bidding management system. Enterprises up to the decision-making level, down to the operational level in strict accordance with the enterprise bidding management system, so that the enterprise management "hidden power open, centralized power decentralization", truly realize the bidding management transparency.
2, construction project approval procedures are legal and compliant
Construction projects from the project to completion of the procedures include: pre-development research procedures, the project process procedures, the acquisition of the right to use the land, land requisitioning, demolition and relocation procedures, project planning procedures, engineering and construction procedures.
Prior to the official launch of the work, the enterprise must be in the relevant government departments to review and handle the relevant procedures before proceeding to the next step. In the entire construction process government supervision is essential, any overstepping of government supervision will lead to the project can not do legal compliance.
3, bidding planning:
Scientific, reasonable and complete bidding planning is to determine the success of the enterprise project bidding the core link. Bidding planning is based on the technical and economic, management characteristics, conditions and functions of the bidding project, quality, price, schedule requirements, based on relevant laws and policies, technical standards and specifications prepared by the implementation of the bidding project objectives, methods, plans and measures.
Tendering planning includes the following:
(1) the scope of the project bidding, bidding and bidding qualifications
①Tendering content, scope should correctly describe the number of construction projects and boundaries, the content of the work, the construction of the boundary conditions (including geographic boundary conditions and the neighboring contractor's division of work, interface, coordination and cooperation and so on)
② bidding principles:
a. Laws and regulations: shall not be subdivided into segments, zero way to avoid bidding
b. Project contracting management mode: general contracting contract and a number of parallel contracting contract on the division of bidding
c. Bidder's project management power: project management organization is lean or insufficient management power, it is not appropriate to divide too many segments
d. Competition pattern: related to the scale and qualification level of the contractor that the bidder expects to introduce
e. Technical level: (a) engineering technology relevance: division of bidding segments according to the process and technology (b) the relevance of engineering measurement (c) the relevance of the work interface: the scope of the construction area, the site of the demarcation line
f. Duration and scale
③. Bidding qualification
a. Determined according to the specialization, scale, scope and contracting method of the bidding section
b. Relevant laws and regulations: Provisions on the Administration of Qualifications of Construction Enterprises (Ministry of Construction [2007] Order No. 159), Standards for Qualification Levels of Construction Enterprises (Jianjian [2001] No. 82), Standards for Premium Qualifications of General Contractors for Construction (Jianshi [2007] No. 72)
c. ] No. 72)
(2) project bidding order
The bidding order to determine the principle:
① construction preparatory works in the first, after the main project;
② constraints on the duration of the key projects in the first, after the auxiliary works;
③ civil engineering in the first, after the installation of equipment;
④ structural engineering in the first, after the decorative works;
4 structural engineering in the first, after the decorative works;
4 structural engineering in the first, after the decorative works;
4 structural engineering in the first, after the decoration works later;
⑤ constraints on subsequent works in the first place, immediately preceding works in the second place;
⑥ engineering construction in the first place, the procurement of engineering goods in the second place, but some of the main equipment procurement in the first place, in order to determine the technical parameters of engineering design or construction.
(3) Project bidding methods and approaches
Based on the characteristics and needs of the bidding project, according to the law, the choice of open bidding or invitation to bidding; the choice of domestic bidding or international bidding; the choice of appropriate bidding methods and means, including: traditional paper bidding or electronic bidding, one-stage one-time bidding or two-stage bidding, and framework agreement bidding, and so on.
(4) project contracting mode and contract type
① contracting mode: construction contracting mode and design - construction integrated contracting mode
② contract type: according to the characteristics of the bidding project and the bidder to adopt the pricing method, the type of contract is generally: fixed lump-sum contract, fixed unit price contract, adjustable price contract, cost plus honorarium contract.
(5) engineering bidding work objectives, plans
including: ① bidding professionalism and standardization requirements
② bidding for the various stages of the work
③ work time, completion date (pay attention to laws and regulations on the mandatory requirements for certain work time)
(6) the work of the decomposition
the entire bidding work Tasks, content, work objectives and work responsibilities, based on the basic procedures for bidding and tendering and work requirements, in accordance with the bidder's job responsibilities, human resources, equipment conditions and interrelationships decomposition and configuration, clear implementation.
4, bidding documents scientific, reasonable, rigorous bidding documents is the key to successful bidding. Bidding documents is the cornerstone of the tender procurement, which covers the bidder's procurement objectives and requirements, but also the main basis for bidders to participate in the tender. High-quality bidding documents is "open, fair, just" principle and "the bidder's procurement objectives and requirements" principle of organic perfect combination, is the bidder, technical experts, bidding agent tripartite **** with the crystallization of wisdom. An ideal bidding document is a rigorous legal documents.
Nine ministries and commissions of the state standard bidding documents include bidding notice (invitation to tender), instructions to bidders, bid evaluation methods, contract terms and format, bill of quantities, drawings, technical standards and requirements, bidding document format.
Of these, the most noteworthy are the bid evaluation methods, contract and bill of quantities and principles of preparation of project quotations.
(1) bid evaluation methods
Engineering bid evaluation methods generally include the lowest evaluated bid method, comprehensive assessment method and other bid evaluation methods permitted by laws and administrative regulations.
The lowest evaluated bid method is applicable to the evaluation of construction bidding projects with general technology, performance standards or the bidder has no special requirements for its technology, performance, engineering construction technology management program is less selective, and the quality of the project, the schedule, the cost of the construction technology management program by the impact of the construction technology management program is relatively small, and the project management requirements are simple.
The comprehensive evaluation method is applicable to the evaluation of tenders for construction bidding projects with a large scale of construction, a long period of performance, complex technology, a large selectivity of engineering construction technology management programs, and the quality, duration and cost of the project are greatly affected by different construction technology management programs, and the requirements of project management are high.
(2) contract
Tendering is standardized selection of the main body of the transaction and its subject matter, the conclusion of the legal procedures of the transaction contract. Bidding and tendering parties through fair competition, fair evaluation of the standardized procedures, completed the contract subject, the object of choice and contract rights, obligations, responsibilities; contract is both the decision-making results of bidding and project implementation of the control basis, but also test, evaluation of all aspects of the contract to perform the rights, obligations, and assume the corresponding responsibility of the standard. Thus, the contract in the bidding documents in the status is important.
Commonly used contract type selection:
①Fixed lump-sum contract: applicable to smaller projects, technology is relatively simple, shorter construction period and approved the contract price has been complete, detailed engineering design documents and the necessary construction technology management conditions of the construction project.
② fixed unit price contract: for the approval of the contract price, the number of projects is difficult to determine the construction project.
The main terms of the contract:
The following contents are described in detail in the special terms of the contract according to the actual needs of the project, in order to serve as a strong basis for the future contract with the successful unit. The main terms of the contract mainly include the following:
①Project quality control clauses ② project progress control clauses
③project price control clauses
(3) bill of quantities
Bill of quantities is based on the national or industry related bill of quantities of the "billing specification" standard and the tender documents have a price of the project. "standards and bidding documents binding design drawings, technical standards, the contract terms agreed upon in the project measurement and pricing rules calculated to reflect the proposed construction project sub-items of construction projects, measures, other items, fees and taxes items of the name, specifications and the corresponding number of itemized lists.
The bill of quantities is the basis for project pricing, should be used as a basis for the preparation of tender control price, bidding, calculation of the amount of work, payment for the work, approval and adjustment of the workload, for the completion of the settlement, as well as engineering claims. Thus, in the bidding stage to prepare an accurate bill of quantities of contract management, project costing plays a vital role.
(4) engineering quotation preparation principles
In the bidding documents, the owner of the bidder's quotation requirements should be clear and unambiguous. In addition to the bidding documents relate to the content of the quotation requirements throughout the bidder's instructions, contract terms, technical standards and requirements, the content of the relevant quotation requirements should be echoed back and forth, interlocking, to avoid inconsistencies or disconnections.
5, the jury management
State seven ministries and commissions Order No. 12 provides:
1) the bid evaluation committee set up in accordance with the law, is responsible for evaluating the bidding activities, recommending to the bidder the winning candidate or according to the bidder's authorization to determine the winning bidder directly. Bid evaluation committee is responsible for the formation of the bidder.
② bid evaluation committee members should generally be determined before the bid opening. Bid evaluation committee members should be confidential before the results of the winning bid.
③ bid evaluation committee by the bidder or its commissioned bidding agent familiar with the relevant business representatives, as well as relevant technical, economic and other aspects of the experts, the number of members is more than five odd, of which technical, economic and other aspects of the experts shall not be less than two-thirds of the total number of members.
4. The expert members of the bid evaluation committee shall be determined from the roster of experts provided by the relevant departments of the people's governments at or above the provincial level or from the list of relevant experts in the expert pool of the bidding agency.
⑤ The determination of experts for bid evaluation in accordance with the provisions of the preceding paragraph may be made by means of random sampling or direct determination. General projects, can be taken by random sampling; technology is particularly complex, professional requirements are particularly high or the state has special requirements of the bidding project, take the random sampling method of determining the experts are difficult to competent, can be directly determined by the bidder.
It should be emphasized that each evaluation committee in the bid evaluation process must strictly abide by the bid evaluation discipline, objectivity, impartiality in the performance of their duties, abide by the professional ethics, and take personal responsibility for the evaluation comments made. Members of the bid evaluation committee shall not make private contact with any bidder or person having an interest in the outcome of the bidding, and shall not accept property or other benefits from bidders, intermediaries, or other interested parties.
6, bidding project after the evaluation
Construction projects in the success of the operational period, the bidding project after the evaluation has a very important significance.
The implementation of project construction is the project financial and material resources to focus on the process of input and consumption, but also the gradual formation of fixed assets period. Project construction implementation phase evaluation includes: the construction plan design, bidding and procurement, engineering construction, construction supervision, start-up adjustment test, test run, completion and acceptance of the work from the duration of the quality of the control to the cost of a complete evaluation.
The bidding and procurement evaluation as an important part of the evaluation, should be in the evaluation process, on the one hand, with the bidding planning to develop the duration, quality and cost objectives compared to whether the established requirements have been met, on the other hand, should also be the implementation of the project and the project planning period of the expected effect of the comparison, analyze the degree of deviation, and based on this to find out the reasons for the proposed countermeasures.