According to Article 3 1 of China's Bidding Law, two or more legal persons or other organizations can form a consortium to jointly bid as a bidder. All parties to the consortium shall have the corresponding ability to undertake the bidding project; If the relevant provisions of the state or the tender documents stipulate the qualifications of bidders, all parties to the consortium shall have the corresponding qualifications. A consortium composed of units of the same major shall determine the qualification level according to the units with lower qualification level. The parties to the consortium shall sign a * * * agreement with the tenderer, clearly stipulating the work and responsibilities that each party shall undertake, and submit the * * * agreement to the tenderer with the tender documents. If the consortium wins the bid, all parties of the consortium shall * * * sign a contract with the tenderer and bear joint and several liabilities for the winning project. The tenderer shall not force bidders to form a consortium to bid together, and shall not restrict competition among bidders.
In joint bid, the choice of partners is the key to successful bidding and one of the key points of bidding decision. When choosing a partner in joint bid, we should consider the following aspects.
I. Qualification level and industry attributes of partners
When choosing a partner, we should not only consider whether its qualification grade meets the requirements of the bidding documents, but also consider whether its industry attributes are the same as those of the project to be tendered. Due to different industry standards and norms, under the same conditions, owners generally do not choose enterprises with high-level qualifications but not in their own industries.
Two. The main business, scope and history of completed projects of the partner.
If the project to be tendered belongs to the main business of the partner, and the company does not intend to participate in this bidding, it is advantageous to choose joint bid. If the project to be tendered is only its part-time business scope, it will have a certain impact on the tender.
Three. Partner's completed projects and historical bids
By analyzing the number of main and part-time projects and the classification and proportion of contract price in the completed projects of the partners, we can judge the basic operation of the enterprise. At the same time, it can also analyze its historical bidding situation from its completed projects. The bidding history of an enterprise is only the development history of an enterprise. Judging whether the enterprise is steady, radical or conservative through the quotation of the winning project; The bidding focus and decision can be judged by the category of the winning project; According to the area where the winning project is located, its strength range and influence range can be judged.
Four. The background of the partner and its relationship with relevant parties
The investigation and analysis of the business nature of the partner, the basic situation of the competent department and the resume of the legal representative are all helpful to the success of the bidding.
Verb (abbreviation of verb) Partners' Industry Advantage Cooperation
Joint bid must consider the strength, scale, reputation, personnel quality and structure, equipment type and number of sets of partners in the industry to which the project to be tendered belongs, especially the strength and reputation of partners in the industry. If in the construction of similar projects in the past, the ability to solve technical problems is insufficient, or a safety accident occurs, it will leave a bad impression on the supervisor and the owner, and even enter the "blacklist", resulting in the enterprise being not a competitor with other enterprises with the same qualification level. Therefore, when choosing partners, we should try to avoid such enterprises with bad records in history.
Quality certification of intransitive verbs and various honors, awards and patents of partners.
If the partner has passed the quality system certification and is within the validity period, it will be beneficial to bid points. If the partners have the award-winning projects and national patents of the same or similar projects, the application or test data of new technologies, new construction methods and new materials will undoubtedly deepen the impression of the owners and judges on the advanced technical level of their enterprises.
Seven. Financial status of partners
The bidding documents are mainly prepared according to the budget; Construction organization design salary, various licenses and financial statements, financial statements are probably the most easily overlooked. However, in the bidding market of China after China's entry into WTO, especially in the bidding projects loaned by the World Bank, the judges will be composed of not only experts in the industry, but also financial experts. It is hard to believe that in the increasingly standardized bidding market in China, an enterprise with high qualification level but poor financial management and operation status will have reasons to reassure the owners and judges.
As for the financial status of partners, as far as short-term cooperation is concerned, the short-term solvency ratio indicators, namely current ratio, quick ratio and current asset composition ratio, are mainly analyzed to measure the short-term solvency of enterprises. Partners in joint bid are investors in the same project, and the cash flow statement combines the income statement and balance sheet to provide comprehensive and useful information for investors and creditors. Among them, the cash flow generated by fund-raising activities (including cash received and paid for profit distribution, bank loans, investment absorption, bond issuance, debt repayment, etc.). ) can better reflect the burden of paying interest.
The analysis of the financial status of partners is not only the need of the increasingly standardized bidding market, but also helpful to understand the situation of partners in fund advance, capital investment and capital turnover. Therefore, the analysis of the financial situation of partners should be one of the key points that cannot be ignored.
VIII. Cooperation between the two sides.
Generally speaking, the financial statements, qualifications and relevant certificates of the bidding documents in joint bid are easy to determine, while the budgeting documents and construction organization design depend on the understanding of the partners on the proposed bidding project, and the relationship between the two partners should be the master-slave relationship on the basis of equality. If the subjects of the two partners have rich construction experience in the project to be tendered, they should be responsible for the preparation of budget documents and construction organization design, otherwise, they should be responsible for the subordinate objects.
Nine, the master-slave relationship between the two sides and the control of the bidding documents
The master-slave relationship between the two partners should not be determined simply by the level of qualification and the size of the enterprise, but by the degree of risk, the size of investment, the responsibilities and obligations undertaken and the rights and interests obtained by the two partners.
As the main body of both parties, we should strive to fully grasp the tender offer and construction organization design. In bidding, the main body of joint bid often does not participate in the preparation of budget documents, but is only responsible for construction organization design; Or has the final decision on the tender offer, but is not responsible for the construction organization design; Even only responsible for the construction organization design, without the final decision of the tender offer, which is a decision-making mistake that joint bid should not have.
As the main body of joint bid, we should absolutely control the right of participation, suggestion, modification and final decision in bidding quotation. But this does not mean that we can understand and master the whole preparation process of bidding documents. Bidding quotation is a key point in the bidding documents, but it is not the whole of the bidding documents. Construction organization design involves quality, construction period, management personnel, construction machinery, construction roads, construction site layout, construction technology, construction methods and processes, as well as materials, funds, personnel use plans, environmental protection, security and so on. Therefore, it is wrong to ignore the construction organization design. In joint bid, subordinate objects often cooperate with many enterprises. If it is responsible for the construction organization design, it may be a similar model, and the possibility of cutting corners is not ruled out. Even if the subject in joint bid has the right to modify and review the construction organization design, the reality is that there is not enough time to modify it after it is finalized. Therefore, the main body in joint bid should decide the final decision of bidding quotation, and participate in the construction organization design as much as possible, so as to take the initiative in bidding, control the overall situation and make favorable choices.
X. the relationship between rights and responsibilities, the distribution of interests and the forms of cooperation between the two parties.
During the cooperation, determine their respective rights, obligations, responsibilities, interest distribution and investment compensation caused by mistakes and omissions in the bidding documents, and determine their respective capital investment proportions in capital turnover, capital advance, tax payment, demolition compensation, production expenditure, machinery use and maintenance, contract management, building materials, etc. according to the interest distribution. In order to avoid possible disputes, these specific issues should be agreed by agreement or contract.
In joint bid, the choice of partners is by no means a simple choice of qualification grade and enterprise scale, but a multi-level and all-round choice. The analysis of partners should not only be a simple analysis within the industry, but also consider its financial management, operating conditions, credit rating, commercial credit and other indicators for a comprehensive, comprehensive and systematic analysis. Choosing the right partner is the basis of successful bidding in joint bid, which has certain influence on the development of enterprises. If the bid fails because the wrong partner is selected, the enterprise will lose not only money, but also opportunities, credibility, cohesion and centripetal force of the decision-making level and the stability of the enterprise. Therefore, if we must choose a suitable and ideal partner in joint bid, we should give up instead of taking risks or taking chances to bid.
In today's bidding market in China, joint bid will appear constantly. The competition of enterprises is not only the competition of enterprise scale and economic strength, but also the competition of enterprise ideas and talents. Only by constantly updating ideas and strengthening the introduction and training of talents can enterprises occupy a place in the increasingly competitive bidding market.
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