I. Bidding Documents and Bidding Documents
Bidding documents are invitation documents sent by the tenderer to potential bidders, informing them of project requirements, bidding rules and contract conditions, etc. They are the main basis of project bidding activities and are legally binding on all parties involved in bidding activities. Bidding documents can be divided into three parts according to their functions:
(a) is the tender announcement or invitation to bid, the bidder's instructions, bid evaluation method, bid document format, etc. , mainly expounds the general situation of the bidding project and the rules of bidding activities, which are binding on all parties involved in the bidding activities of the project, but generally do not constitute a contract document;
(2) is the bill of quantities, design drawings, technical standards and requirements, contract terms, etc. , a comprehensive description of the requirements of the project subject to tender. It is not only the main basis of bidding activities, but also the important content of contract documents, which is binding on the tenderer and the winning bidder;
(3) It is the bidder's understanding and analysis of reference materials related to the project subject to tender, such as project address, hydrology, geology, meteorology, transportation and other reference materials.
Bidding documents refer to the responsive documents prepared by bidders in response to the requirements of bidding documents, which are generally composed of business documents, technical documents, quotation documents and other parts. Bidding documents generally include three parts, namely, commercial part, price part and technical part.
(1) The business part includes a series of contents such as company qualification and company introduction. And other documents and other related contents required by the tender documents, including company performance, various certificates and reports, etc.
(2) The technical part includes project description, design and construction scheme, bill of quantities, staffing, drawings, tables and other technical schemes and other technical-related materials.
(3) The price part includes the description of bid quotation, total bid price, price list of main materials, etc.
Bidding documents are initiated by the tenderee (the buyer) and the bidder (the intended seller), so bidding and tendering are not a difference at all, they are two relative concepts in themselves, not similar concepts!
2. Does "day" mean "working day" or "calendar day"?
The Regulations on the Implementation of the Bidding Law of People's Republic of China (PRC) (hereinafter referred to as the Regulations) is an important guiding document for the future bidding work. Articles 16 and 17 of the Regulations stipulate the selling period of prequalification documents or bidding documents, and the time period from the date when the prequalification documents stop selling to the date when the prequalification documents are submitted, all of which are expressed as "not less than 5 days".
Article 15 of the Measures for Tendering and Bidding of Construction Projects (Order No.30 of the State Development Planning Commission in 2003, hereinafter referred to as Order No.30 of the National Development and Reform Commission) and Article 14 of the Measures for Tendering and Bidding of Construction Project Goods (Order No.27 of the National Development and Reform Commission in 2005, hereinafter referred to as Order No.27 of the National Development and Reform Commission) all stipulate that "from the date when the tender documents or prequalification documents are sold to the date when they stop being sold.
Because the "Regulations" do not clearly define whether the "day" in the document is a "working day" or a "calendar day". However, Order No.30 and Order No.27 of the National Development and Reform Commission are still valid documents. Therefore, in dealing with the issue of the release time of bidding documents and prequalification documents, the author suggests that the requirement of not less than 5 working days should be observed, which is in line with the old and new regulations. In order to avoid such problems being attacked by stakeholders with different legal requirements in the later implementation of the project, it is a procedural defect.
Three. Supply and control of Party A
Party A: provided by the owner. Because the general contracting of the project takes the owner as "Party A", it is called "Party A" for short. For example, the materials and equipment supplied by Party A refer to the materials and equipment supplied by the owner.
A control: the owner does not directly supply materials or equipment, but the suppliers of materials or equipment should be in the short list drawn up by the owner.
Four. Pre-qualification and post-qualification examination
Qualification examination should follow the principles of "openness, fairness, impartiality, honesty and credibility" in tendering and bidding, and should also follow the principles of being scientific, qualified and applicable. Article 17 of Order No.30 issued by seven ministries and commissions of the Measures for Tendering and Bidding of Construction Projects stipulates that qualification examination is divided into pre-qualification examination and post-qualification examination.
(1) prequalification
Pre-qualification means that the tenderee sends a bid invitation to unspecified potential bidders by issuing a pre-qualification announcement, and the tenderee or the qualification examination committee established by it evaluates the business qualification, professional qualification, financial status, performance of similar projects, performance reputation and other conditions of the pre-qualification applicants according to the examination methods, qualifications and examination standards determined in the pre-qualification documents, so as to determine the applicants who have passed the pre-qualification. Applicants who have not passed the prequalification are not qualified to bid. The methods of prequalification include qualified system and limited system. Under normal circumstances, the qualified system should be adopted, and if there are too many potential bidders, the limited system can be adopted.
(2) Post qualification examination
Post-qualification examination is the qualification examination of bidders by the bid evaluation committee after bid opening. If post-qualification examination is adopted, the tenderer shall, after the bid opening, conduct qualification examination on the bidders by the bid evaluation committee according to the standards and methods specified in the tender documents. Post-qualification review is an important part of bid evaluation. The bid evaluation committee shall reject the bids of bidders who have not passed the post-qualification examination.
The following figure can clearly see the difference between pre-qualification and post-qualification:
Five, the highest price, pre-tender estimate, tender control price, stop price
(a) the maximum price is the stop price after the implementation of the list valuation, and the tender offer cannot be higher than the maximum price. If it is higher than the maximum price limit, it will be deemed as off-bid;
(two) the pre-tender estimate is the tender control price at the time of quota valuation, and the tender offer can be higher or lower than the pre-tender estimate within the scope specified in the tender documents;
(3) The tender control price is the maximum price, that is, the tender offer cannot exceed the tender control price, otherwise the tender is invalid.
(4) In previous tenders, the pre-tender estimate was adopted, and generally whoever was closest to the pre-tender estimate won the bid, regardless of whether it was high or low. At present, there is basically no need for pre-tender price, and the price is controlled through bidding by using the list quotation method.
(5) Finally, the block price refers to the highest price limit standard of the total project price publicized by the tenderer to the bidders in the bidding process, which is the price expected by the tenderer, and the bidders are required not to bid beyond this price, otherwise their bids will be rejected. The reserved price is the estimated price of the tenderer, and its compilation is based on the local consumption quota, the information price published on the Internet, the charging standard stipulated by the local competent department and the reasonable construction organization design.
Bidding can stop (upper bid) or stop (lower bid). In practice, it can be divided into express bid price (publicly informed to all bidders in written form) and implied bid price (announced when opening bids). Some stop prices are related to the average quotation of the construction unit, also called dynamic stop prices.
After reading the above analysis of common terms in bidding, do you have a certain understanding of these terms? If you don't know, you might as well read it a few times ... What other confusing terms are there? Welcome to the comment area, let's discuss and study together.
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