The agent construction system refers to the system that the government selects a socially specialized project management unit through bidding, is responsible for the investment management and construction organization and implementation of the project, and delivers it to use after the project is completed. During the project construction, the agent construction unit shall act as the project investor in accordance with the contract. At present, the agent construction system is developing rapidly in the domestic construction field. Construction enterprises must carefully analyze the influence of agent construction system and study the countermeasures under the environment of agent construction system.
1 Policy basis of agent construction system
In China, the concept of agent construction system has been established as early as the early stage of reform and opening up, but it has not become a clear and specific policy document and implementation method until recent years. The policy basis of the agent construction system mainly includes the following aspects:
(1) 1984, the State Council put forward in the "Interim Provisions on Several Issues Concerning the Reform of the Management System of Construction Industry and Capital Construction": "All departments and regions should set up a number of project contracting companies with legal personality, independent operation and self-financing, and gradually make them the main form of organizing project construction." "The engineering contracting company shall carry out the whole process general contracting or sub-contracting for the feasibility study, survey and design, equipment procurement, material ordering, engineering construction, production preparation and completion debugging of the engineering construction".
(2) In 2003, the Ministry of Construction issued the Guiding Opinions on Cultivating and Developing Engineering General Contracting and Project Management Enterprises.
(3) On July 16, 2004, the State Council officially promulgated the Decision on the Reform of Investment System, which clearly pointed out: "Strengthen the management of government investment projects and improve the implementation methods of construction. Accelerate the implementation of agent construction system for non-operating government investment projects, that is, select professional project management units to be responsible for construction and implementation through bidding, strictly control project investment, quality and construction period, and hand them over to users after completion and acceptance. Enhance the awareness of investment risks and establish and improve the risk management mechanism of government investment projects. "
(4) In September 2004, the National Development and Reform Commission held a national conference on investment system reform, demanding that the "agent construction system" be gradually popularized throughout the country, and at the same time, a series of relevant documents were published, studied and drafted.
(5) In June 2004, the Ministry of Construction issued the Trial Measures for Construction Project Management, which stipulated the qualifications, business scope, entrustment methods, management institutions, service charges and practice principles of enterprises engaged in project management, and put forward clear opinions on guiding the healthy development of project management companies.
(6) Local governments at all levels have issued local laws and regulations on the construction agent system and construction project management for government investment projects. For example, the Beijing Municipal Development and Reform Commission issued the Measures for the Administration of Construction Agent System of Beijing Municipal Government Investment Projects (Trial), and the Beijing Municipal Construction Committee issued the Provisions on Cultivating and Developing Engineering Project Management Enterprises.
2 the evolution process and development momentum of the domestic agent construction system
It is an international practice to implement "agent construction system" for government investment projects. The agent construction system has a history of nearly a hundred years in the United States, and it has been developing and evolving with the change of market demand. According to the report of American Design-Build Association in 2000, the proportion of adopting design-build general contract has reached 30%, and it is expected to rise to 45% by 2005. Project agent construction system has been widely used in the world. The main business form of large engineering companies in the United States, Canada and other countries is project agent service, in which general contracting business accounts for 60% ~ 85% and project management service accounts for 5% ~ 15%.
At present, the "agent construction system" rising in the field of government investment in China stems from general contracting and project management services. 1In April, 1999, Shanghai Pudong Consulting Co., Ltd., which specializes in project management, was entrusted by the Shanghai Planning Commission to start the pilot project of adopting agent construction system for financial investment projects in Shanghai, and acted as an agent for the whole project implementation. In March, 2000, the project management research of major municipal projects in Shanghai passed the appraisal. In the same year, Shanghai officially opened the expressway investment field to domestic and foreign investors, and completed 1 1 investment projects. The construction agent system has been adopted in the implementation and management of these expressway projects. In April, 20001,Shanghai Dalian Highway Tunnel Development Co., Ltd. was established by Shanghai Tunnel Co., Ltd. and Shanghai Construction Engineering Management Co., Ltd., and was responsible for the implementation of Dalian Highway Tunnel Project by BOT.
In 2002, the relevant ministries and commissions of the state organized a research on the topic of "the reform of management mode of government investment projects". At the same time, some provinces and cities in China, such as Shanghai, Shenzhen and Chongqing, have also piloted the "agent construction system" and achieved good results. In May 2002, the Ningbo Municipal Government promulgated the Interim Provisions on the Construction Agent System of Ningbo Municipal Government Investment Projects. In February, 2003, Chongqing Municipal People's Government issued the Interim Measures for the Administration of Agent Construction System for Public Welfare Projects of Chongqing Municipal Government. On February 2, 2003, at 65438, the leading comrades of the National Development and Reform Commission proposed at the internal working meeting that we should actively carry out the pilot project of agent construction system. On June 3rd, 2003, KLOC-0, the executive meeting of the State Council "approved in principle" the investment system reform plan. On July 16, 2004, the State Council officially promulgated the "Decision on the Reform of Investment System", clearly proposing to accelerate the implementation of the agent construction system for non-operating government investment projects.
At present, all parts of the country have begun to fully implement or try out the agent construction system for government investment projects.
Beijing municipal government began to implement the agent construction system in 2002. By the end of March this year, the agent construction system had been implemented in 16 projects in huilongguan hospital, the municipal vocational training and sports training center for the disabled, the Beijing Center for Disease Control and Prevention, the reconstruction and expansion project of You 'an Hospital, the rehearsal hall of the Central Conservatory of Music and the comprehensive building, among which 1 project (huilongguan hospital) has been completed and 2 projects are under construction. It has been decided to implement agent construction management. After entering 2004, the Beijing Municipal Government has intensified the reform of government investment management, and the "agent construction system" will be implemented in a wider scope. Further expand the agent construction system from the current pilot areas of public security politics and law, social undertakings and party and government organs. To footbridges, bus stops, urban roads, water conservancy facilities and other areas close to people's lives. In April this year, the Beijing Municipal Construction Committee also identified 43 construction project management enterprises as pilot units qualified to engage in agent construction.
On February 1 1, 2004, the Shenzhen Municipal Government authorized the Municipal Transportation Bureau to formally sign the Management Contract for Entrusted Construction of Shenzhen Nanping Expressway Phase I Project. This is the first government investment project in Shenzhen that adopts the "agent construction system" model. It is said that the adoption of "agent construction system" mode in municipal road construction is also the first case in China. The Guangzhou Municipal Development and Reform Commission and other four departments recently issued the Trial Measures for the Management of Construction Projects Invested by the Guangzhou Municipal Government, which stipulated that from July 1 day, 2005, the public welfare urban construction projects invested by the government will fully implement the "agent construction system". In the future, the government departments in charge of project construction in Guangzhou shall not build on their own, and all municipal engineering projects with financial capital investment of more than 50% and investment of more than 50 million yuan shall be included in the scope of "agent construction system". It is reported that Shandong Province has recently made a decision to implement the examination and approval system, the approval system and the registration and filing system for government investment projects, major projects, restricted projects and general competitive projects respectively, and to implement the "agent construction system" for projects within the budget. In 2004, the Development and Reform Commission of Jiangsu Province drafted the Interim Provisions on the Agent Construction System for Government Investment Projects, and began to select 10 major social undertakings (total investment1.01.60 billion yuan) for pilot projects. Recently, the Kunming Municipal Government has approved the establishment of the Kunming Public Welfare Project Management Center, and will gradually implement the "agent construction system" for government financial investment projects. A few days ago, it was reported that Chongqing will implement the "agent construction system" in the construction of government investment projects such as Qianjiang Airport, Jiangbei Airport Expansion Project and several public welfare reservoirs in western Chongqing. The Sichuan provincial government decided to carry out the pilot project of "agent construction system" through public bidding in the construction of expressways, local highways and water transport projects.
It can be seen that the project agent system, as a new starting point of China's engineering construction management reform, has moved from the initial exploration stage to the stage of continuous improvement and gradual promotion.
Operation mode of agent construction system
There are three main operation modes of project agent construction system in the process of project construction management.
3. 1 whole process agent construction mode of the project
After the user puts forward the project proposal, the National Development and Reform Commission entrusts a tendering agency to select an agency through public bidding, sign a tripartite contract between the investor, the agent and the user, clarify the rights and responsibilities, and the agent shall bear the risks such as the project construction period, quality and investment, and save awards and fines for exceeding the standard; The project feasibility report is put forward by the agent, and the National Development and Reform Commission or the entrusted consulting agency determines the construction scale, investment amount and corresponding planning of the construction project through feasibility study and evaluation, and authorizes the agent to go through the project approval procedures and obtain the investment license; Entrusted by the agent or the bidding agency of the National Development and Reform Commission, the design unit is selected for scheme design and preliminary design through bidding, and the preliminary design passes the content and budget review, and the construction drawing design is carried out, and the project planning permit and land use certificate are obtained to assist users in land acquisition, demolition and other procedures; Select the project supervision unit through bidding and organize and manage the project construction during the construction period; Select the construction unit through bidding, including the necessary designated project subcontractors, perform the project construction duties, complete the acceptance and delivery in time, and be responsible for ensuring the normal use of the project during the warranty period.
3.2 Two-stage agent construction model
The agency construction work is divided into two stages. The first stage is the pre-project agent, and the second stage is the construction agent. In the first stage, the National Development and Reform Commission selects the pre-project agency through bidding, assists users to prepare the project feasibility report on the basis of completing the project proposal, and is responsible for organizing the review of the project feasibility report and completing the project establishment through demonstration. The design unit shall implement the project through bidding and complete the project scheme design and preliminary design. After the preliminary design has passed the content and budget review, the construction drawing design will be carried out, and the planning permit and land use certificate will be obtained to assist users in completing the preliminary work such as land acquisition and demolition. The investor shall select the supervision unit through bidding. In the second stage, according to the construction standards, contents and investment budget determined by the preliminary design, the Development and Reform Commission selects the project agent through bidding, and signs a tripartite contract between the investor, the agent and the user. The project agent shall bear the project duration, quality and investment risks, and reward the excellent and punish the poor. Authorized agent shall go through the application procedures for project commencement and obtain the construction permit. The project agent shall select the construction unit through bidding, organize and coordinate the project construction, or directly participate in the project construction, perform the duties of project completion acceptance and timely delivery, and be responsible for ensuring the normal use of the project during the warranty period.
3.3 Joint agent construction mode
After the feasibility report of the project is demonstrated and the construction scale, investment level and long-term planning of the construction project are basically determined, the Development and Reform Commission selects the agency through public bidding. The agent's bid must reach the depth of the drawings and documents in the preliminary design stage. The winning agent signs a tripartite contract with the investor, the agent and the user, clarifying the responsibilities and rights. The agent bears the risks such as project duration, quality and investment, saves rewards and punishes excessively. This model generally requires agents to form a consortium, including investment and financing, law, design and construction, and the bidding documents extend to the preliminary design.
Influence of agent construction system on construction enterprises
The implementation of agent construction system for government investment projects is an important measure for the reform of China's investment management system, and it is also a major impact on the traditional construction management system. At the same time, it will also have an impact and challenge on construction enterprises.
4. 1 agent system makes the market dominant position of engineering consulting management enterprises rise, but relatively speaking, the market position of construction enterprises has not improved. Under the traditional investment and construction management system, especially for projects invested by the government, the government has always been in a strong position in the bidding and construction process, while bidding agents, engineering cost consulting enterprises, design enterprises and supervision enterprises are in subordinate positions, and their main positions in the construction market are not significant. With the reform of domestic investment system and the implementation of agent construction system, the original competitive pattern of construction market has been broken, and new factors and variables have been added. In the management chain of each link in the process of investment and construction, the market position and role of these enterprises have been strengthened, while the market position of enterprises simply engaged in construction has not changed greatly.
4.2 The docking market level of construction enterprises has improved, and the cost and difficulty have increased. Under the traditional system, for government investment projects, the market docking and public relations of construction enterprises are focused on the government level. Under the agent construction system, the agent construction company becomes the authorized subject of the government, and the construction enterprises must also dock the agent construction company. Although one of the subjective wishes of carrying out the agent construction system is to reduce or even eliminate the rent-seeking space of government power in the field of investment and construction, under the current social system and humanistic background, the government's influence on investment and construction management activities will exist for a long time. Therefore, when connecting with the market level, construction enterprises must give consideration to both the government and the agent company, and the details to be considered will increase, and the transaction cost and difficulty will increase.
4.3 The low-price bidding of construction enterprises is more intense. According to the current regulations on the operation of the agent construction system, the agent construction company is selected by the government through bidding and signed a contract with it. The income of the agent company comes from two parts, one is the agent management fee, which accounts for 0.8% ~ 2.0% of the total project investment, and the other is the savings share of the investment savings, which accounts for 30% ~ 50% of the savings. The agent construction enterprise itself is the main body of market competition and economic interests, and the maximization of interests is its natural pursuit goal. Reducing the bidding price and project cost will be the main means and ways for the agent company to obtain profits, which is also the optimal balance of the agent company in the four-way game with investors, users and contractors. In the process of bidding for construction contract, low-price competition is more intense, and the complex market competition effect of "the key lies in resources, and the price determines success or failure" is more obvious.
4.4 In the process of construction, the rigid constraints of construction enterprises increase and the elasticity decreases. As the agent company is a commercialized, socialized and professional organization, and most of its employees are experts in professional technology and management, the control effect of project investment is directly linked to its economic benefits, which will inevitably lead to strict process control and strict final accounts capping system. In the past, the intermediate process adopted by construction enterprises to increase income through changes and claims has no more room for flexibility, and the rigid constraints have increased significantly.
Countermeasures of construction enterprises under the environment of agent construction system
From a macro perspective, the agent construction system will play a guiding role in the strategic positioning and organizational structure adjustment of construction enterprises; From the microscopic point of view, the agent construction system will bring new changes to the marketing operation mechanism of construction enterprises. Therefore, construction enterprises should take active measures.
Implementing the 5. 1 agent construction system and strengthening the role of agent construction enterprises as the main body of the market is a new pattern orientation and institutional arrangement for the main body of the original construction market. Existing construction enterprises can be divided into different markets and competition levels. For large group construction enterprises, it is necessary to carefully study the general contracting orientation of group companies under the agent system, which is also the content that needs to be studied in the development strategy of group enterprises. At present, the agent construction system is only applicable to government investment projects, and the market share of government direct investment has its capacity limit, but from the development trend, the application scope of agent construction projects will be expanded. In Beijing, a large real estate developer claims that his development project will adopt the agent construction system. Generally speaking, group construction enterprises should constantly and rapidly evolve from construction general contracting to project general contracting and to project general contracting in terms of enterprise capability types, which is also the general law of the transformation path of international big contractors' organizational structure and functional structure. The old construction management system was managed by the National Development and Reform Commission and the Ministry of Construction. The National Development and Reform Commission is responsible for the early stage of the project construction, and the Ministry of Construction is responsible for the project construction stage. Most construction enterprises are not familiar with the business in the early stage of project construction and do not have the ability. Therefore, large group enterprises should pay attention to cultivating the comprehensive ability of general contracting management in the whole process of the project, one is to adopt the method of natural accumulation, the other is to adopt the method of resource reorganization.
5.2 When the enterprise is at the level of the construction contractor, the agent company is a new member in the customer relationship management system of the construction enterprise. According to the basic principle of customer relationship management, a series of management mechanisms should be established to meet the needs of the agent company and realize its value. To establish a long-term partnership with construction companies, most of the current construction companies need to cooperate with powerful construction contractors because of their own business functions, so as to achieve the purpose of complementary advantages and mutual use of resources.
5.3 Seriously study the operation mode and operation rules of the agent construction system, explore and master the laws of docking agent construction enterprises, maintain and carry forward the successful experience of previous agent construction enterprises in marketing, and correspondingly change the parts of customary practices that are incompatible with the rules of the agent construction system.
5.4 Strengthen the ability of performance management, carefully study and implement effective methods to reduce costs in the construction process, and further explore the profit space and survival way under low-cost competition from the technical and management aspects.
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