A, building engineering construction
1. After the approval document of the construction project or the annual investment plan is issued, if it meets the requirements stipulated in the Measures for the Administration of Construction Projects, it shall be reported to the construction administrative department for the record.
2. Scope of application of construction projects: all kinds of buildings (including new construction, reconstruction, expansion, renovation and overhaul, etc.). ), civil engineering (including piling of roads, bridges and housing foundations), equipment installation, management of line laying and decoration construction projects.
3. The application content of construction project mainly includes: project name, construction site, investment scale, source of funds, current investment amount, project scale, structure type, contract awarding method, planned commencement date, project preparation, etc.
4. Documents to be submitted when the project is submitted for construction:
★ Project approval document or annual investment plan;
★ Fixed assets investment license;
★ Construction project planning permit;
★ Proof of funds.
5. Construction application procedure: The construction unit shall fill in the Registration Form for Construction Project Application in a unified format. If there is a superior competent department, it shall be approved by it and submitted to the construction administrative department together with the documents that should be submitted. * After the construction project is put on record, a construction project that meets the bidding conditions stipulated in the Measures for the Administration of Bidding for Engineering Construction Facilities can start the qualification examination of the construction unit.
Second, review the qualification of the construction unit
1, the construction unit shall meet the following conditions before bidding:
★ It is a legal person and other organizations established according to law;
★ Having economic and technical management personnel suitable for the project subject to tender;
★ Ability to organize the preparation of bidding documents;
★ Have the ability to review the qualifications of the tendering units;
★ Ability to organize bid opening, bid evaluation and bid selection.
The construction unit that does not meet the above 2-5 conditions shall entrust an intermediary agency with corresponding qualifications for bidding, and the construction unit and the intermediary agency shall sign an entrusted bidding agreement and report it to the bidding management agency for the record.
2. The construction unit or intermediary agency hereinafter referred to as the "tender unit".
Third, the bidding application
1. The tenderee shall fill in the Application Form for Bidding of Construction Project, and submit it to the bidding management institution for examination and approval together with the Application Registration Form for Construction Project after being approved by the superior competent department.
The bid application form includes the following contents:
Project name, construction site, bidding construction scale, structure type, bidding scope, bidding method, name of bidding unit to be invited, required construction enterprise level, preparation before construction (land acquisition and demolition, survey and design, construction site conditions, etc.). ), as well as the organization of the bidding agency.
2. Generally, special projects with strong professionalism or confidential projects that should not be disclosed should be invited for negotiation.
3. If inviting tenders is adopted, the tenderee shall carefully examine the qualifications of the construction unit to be invited to bid and fill in the name of the construction unit to be invited to bid in the bidding application form. The number of construction units to be invited to bid shall not be less than 2.
* After the tender application of the tendering unit is approved by the tendering management institution, the tender documents can be prepared.
Four. Preparation and submission of bidding documents
1, bidding documents
According to the specific circumstances of the project, the tender unit shall prepare the tender documents with reference to the model tender documents and report them to the tender management agency for review.
The tender documents shall include the following contents:
★ Pre-attached table of instructions to bidders;
★ Contract conditions;
★ Terms of the contract agreement;
★ Contract format;
★ Technical specifications;
★ Drawings;
★ Reference format of bid documents;
★ Tender and appendix to tender;
Taken the bill of quantities (do not have the conditions of the project, can temporarily not use) and quotation sheet; Auxiliary data table.
2, part of the tender documents written instructions
★ Principles and methods of bid evaluation;
★ Bid price;
1) For projects with relatively uncomplicated structures or with a construction period of less than one year, a fixed price can be adopted and a certain risk factor can be considered.
2) If the structure is complex or large, and the construction period exceeds one year, the price shall be adjusted. The method and scope of price adjustment shall be specified in the tender documents.
★ Bid price calculation basis.
★ The quality standard must meet the national construction acceptance standard. When the quality is required to reach the excellent standard, the compensation fee shall be calculated. The calculation method of compensation fee shall be implemented in accordance with relevant national or local documents, and shall be stipulated in the tender documents.
★ The time limit for a project in the tender documents shall be determined with reference to the time limit quota promulgated by the state or local authorities. If the required time limit for a project is shorter than the time limit quota by more than 20% (including 20%), the cost of expediting measures shall be calculated. How to calculate the cost of rushing through measures should be clear in the bidding documents.
★ If the project can't be completed according to the contract period due to the reasons of the construction unit, the cost of the measures for expediting shall be deducted, and at the same time, the losses caused to the tenderer due to the delay shall be compensated. The calculation method or provisions of loss expenses shall be specified in the tender documents.
★ If the tenderee requires the project to be completed and delivered in advance according to the contract time limit, the calculation of the early time limit award should be considered, and the calculation method of the early time limit award should be specified in the tender documents.
★ Bid preparation time
The tender documents shall clearly specify the time for bid preparation, that is, the period from the date of issuing the tender documents to the deadline for bidding. According to the specific situation of the project, the tender unit determines that the bidding preparation time is within 28 days.
★ Bid bond
1) The amount of bid bond shall be specified in the tender documents, generally not exceeding 2% of the total bid price, and the bid bond may be cash, cheque or bank draft. It can also be a bank guarantee issued by the bank.
2) The bid bond shall be valid for more than 28 days.
★ Performance guarantee
The winning bidder shall submit the performance guarantee to the tenderer in accordance with the regulations, which can be a bank guarantee or a performance guarantee. The performance guarantee rate is:
1) The bank guarantee issued by the bank is 5% of the contract price.
2) The performance bond is 10% of the contract price.
★ Bid validity period
The validity period of bidding should be determined according to the project situation, and the validity period of bidding for small and medium-sized projects with less complicated structure should be within 28 days; The validity period of bidding for large-scale projects with complex structures can be set within 56 days.
★ Procurement and supply of materials or equipment
The responsibility for purchasing, transporting and keeping materials or equipment shall be clearly stipulated in the tender documents. If the construction unit provides materials or equipment, the name, variety or model, quantity, date of provision and delivery place of the materials or equipment shall be listed. The tender documents shall also specify the pricing and refund settlement methods of materials or equipment provided by the bidder.
★ Bill of quantities
According to the unified engineering division promulgated by the state, the tenderee shall unify the unit of measurement and the unified engineering quantity calculation scheme, calculate the engineering quantity according to the construction drawings, and provide it to the tenderee as the basis for bidding quotation. The settlement and payment of project funds should be based on the actual engineering quantity.
★ Writing of the terms of the contract agreement
When preparing the tender documents, the tendering unit shall, in accordance with the provisions of the Economic Contract Law of the People's Republic of China, the Measures for the Administration of Construction Contracts of Construction Projects and the specific conditions of the project.
Determine the contents of "Contract Agreement Terms of Bidding Documents":
1) When compiling the tender documents, the specific contents of the "Contract Agreement Terms" in the tender documents shall be compiled in accordance with the laws, regulations and relevant provisions of the state on the management of the construction market, combined with the specific conditions of the construction project, and conform to the provisions of the corresponding clauses in the "Contract Terms of the Tender Documents".
2) When compiling the "Bidding Document", the bidder should seriously consider the provisions on the specific requirements of the project in the "Terms of Contract Agreement of Bidding Document". And clearly respond to the contents of the "contract agreement terms" in the bidding documents.
3) The construction unit and the winning bidder shall sign the contract according to the "contract agreement format" provided in the tender documents.
3, the project pre-tender estimate price
Compilation and submission for approval of pre-tender estimate price of engineering.
* The bidding documents shall be submitted to the bidding management organization for review, and an invitation to bid can be issued after examination and approval.
Verb (abbreviation of verb) sends an invitation to bid.
1. Issue "Invitation to Bid"
Tender units can release information through the construction project trading center; Or directly issue a bid invitation letter to the bidder who has the ability to undertake this contract project.
2. The construction unit that receives the invitation to bid shall confirm in writing within 7 days, and explain to the tendering unit whether it is willing to participate in the bidding.
VI. Issuance of Bidding Documents
1, tender documents, drawings and related technical data are distributed to invited construction units willing to participate in bidding. After receiving the tender documents, drawings and related materials, the tenderee shall carefully check them and confirm them in writing after checking them correctly.
2. Any modification or supplement made by the tenderer to the tender documents shall be submitted to the tender management institution for examination and approval, and sent to all bidders who have obtained the tender documents before the deadline for bidding, and the bidders shall confirm in writing.
3, modify or supplement the file as part of the tender documents, binding on the tenderer.
4. After receiving the tender documents, if there are any questions or unclear questions that need to be clarified and explained, the tenderer shall submit them to the tenderer in writing within 7 days after receiving the tender documents, and the tenderer shall give a written reply.
5. In order to make the tenderee fully consider the modification or supplement of the tender documents when preparing the tender documents, the tenderee may extend the bidding deadline according to the situation.
Seven. Preparation and submission of bidding documents
1, preparation of bid documents
★ Prepare bidding documents.
1) After receiving the tender documents, drawings and relevant technical data, the bidder should carefully read the "Instructions for Bidding", which are matters that the bidder should pay attention to and abide by when bidding.
2) The bidder shall check the engineering projects and quantities in the bill of quantities provided by the bidder in the tender documents according to the drawings; If the project or quantity is found to be wrong, it shall be submitted to the tender unit in writing within 7 days after receiving the tender documents.
3) Organize the bidding team and determine the personnel involved in the preparation of the bidding documents. In order to prepare the bidding documents and bidding quotation, the current quota standards, charging standards and various standard atlas should be collected. Collect and master policy price adjustment documents, as well as materials and equipment prices.
★ Preparation of bidding documents
1) The bidder shall prepare the construction scheme or construction organization design according to the requirements of the bidding documents and engineering technical specifications and the situation of the construction site.
2) The bidder shall prepare the tender documents and calculate the tender offer according to the requirements of the tender documents, and the tender offer shall be calculated according to various factors and basis specified in the tender documents; Should be carefully checked to ensure the accuracy of the tender offer.
3) The bidder shall submit the bid bond according to the requirements of the tender documents.
4) After the preparation of bidding documents, they shall be carefully sorted, inspected, sealed and marked according to the provisions of the bidding documents. And provide enough copies of bidding documents.
★ The bidding documents shall be prepared in full accordance with the requirements of the bidding documents, including the following contents:
1) Bidding;
2) Appendix to tender;
3) Bid bond;
4) Qualification certificate of legal representative;
5) Power of attorney;
6) The priced bill of quantities (unqualified items can be temporarily rejected) and quotation sheet;
7) Auxiliary data sheet;
8) Confirm and respond to the terms and conditions of the contract agreement in the bidding documents;
9) Other materials required to be submitted in the tender documents.
2. Submission and receipt of bid documents
★ Submission of bid documents
Submit it to the tendering unit at the designated place before the deadline for bidding. After submitting the bidding documents and before the deadline for submission of bids, the tenderee may modify or withdraw the submitted bidding documents, but the notice of modification or withdrawal submitted must be prepared, sealed and marked according to the provisions of the bidding documents.
★ Receiving of bidding documents
Before the deadline for bidding, the bid inviting unit shall do a good job of receiving the bid documents, and shall pay attention to checking whether the bid documents are sealed and marked in accordance with the provisions of the bidding documents. And record the receiving time.
Before the bid opening, the bidding documents, modification and withdrawal notices and other bidding materials shall be properly managed. The bidding documents managed by the bidding unit shall be sealed by the bidding management institution or sent to the bidding management institution for unified management.
* After the bidding work is completed, the tendering unit shall review and quote according to regulations.
Eight, bid opening and evaluation (negotiation)
1. After the bidding deadline, the bid opening shall be organized and presided over by the tendering unit at the specified time and place, and the legal representative or authorized agent of the tendering unit shall be present.
2. The process of bid opening, bid evaluation and (bid negotiation) shall be carried out under the supervision of the bidding management institution.
3. The principles and methods of bid evaluation are based on the tenderers.
4. The bid evaluation team is composed of relevant technical experts (mainly economic and technical experts) invited by the tendering unit, the superior competent department of the construction unit and the tendering unit.
5. Compliance review of bidding documents
The bidding documents shall substantially respond to the requirements of the bidding documents. The so-called substantive response to the requirements of the tender documents means that the tender documents should be consistent with all the terms, conditions and provisions of the tender documents without major differences or reservations.
6. Comprehensive evaluation and comparison
According to the principles and methods of bid evaluation, the tenderee comprehensively evaluates the quotation, construction period, quality, main material consumption, construction scheme or organization design, past performance, social reputation and preferential conditions of the tenderee. The bid evaluation shall be fair, reasonable and detailed, and the winning bidder shall be selected.
However, if the bid price is adjusted by price, the factors of price change and the provisions of the tender documents that allow adjustment shall not be considered in bid evaluation.
7. Clarification of bidding documents
When necessary, in order to contribute to the review, evaluation and comparison of bid documents, the bid evaluation team has the right to ask bidders to clarify their bid documents separately. Within the specified time, the bidder shall confirm in writing and make a formal reply. Clarification and confirmation questions shall be signed by the legal representative or authorized agent, and the reply to clarification questions shall be taken as an integral part of the bidding documents. However, the clarified issues shall not change the substantive contents of the tender offer or tender documents.
8. The project selected on the same day may be resumed, and the name of the winning bidder, bid price, construction period, quality, dosage of main materials and preferential conditions (if any) may be announced.
9. For engineering projects that cannot be calibrated on the same day, the deadline for bidding to the deadline for calibration shall not exceed 3 days for small and medium-sized projects with uncomplicated structures; Large-scale projects with complex structures shall not exceed 7 days. Under special circumstances, with the consent of the bidding management agency, the calibration time may be appropriately extended.
10, evaluation report
The bid inviting unit shall prepare the bid evaluation report according to the evaluation opinions of the bid evaluation team, and the bid evaluation report shall be reviewed by the bidding management institution after completion.
* After the bid evaluation report is passed, the bid-winning notice can be issued to the bid-winning unit.
If bidding is invited, it will be conducted in the form of direct negotiation. According to the bidding documents, both parties signed the Agreement after consultation. The contents of the agreement include: project cost, project quality standard, project duration, project payment, procurement and responsibility of materials and equipment, and response to relevant clauses in the bidding documents. Only after the agreement is approved by the bidding management agency can the bid-winning notice be issued.
Nine, winning the bid
1. After determining the winning bidder, the bid inviting unit shall submit the bid evaluation report to the bidding management institution for examination and approval within 5 days, and the bidding management institution shall put forward the examination and approval opinions within 2 days. After approval, the tenderee shall issue a Letter of Acceptance to the winning bidder.
2. After receiving the letter of acceptance, the winning bidder shall submit the performance guarantee as required, and sign the contract with the construction unit at the specified date, time and place.
X. Contract signing
1, the construction unit and the winning bidder sign the contract within the prescribed time limit. Within 7 days for small and medium-sized projects with less complicated structure and within 14 days for large projects with complicated structure. At the appointed date, time and place; According to the provisions of the Economic Contract Law of the People's Republic of China and the Measures for the Administration of Construction Contracts of Construction Projects, both parties signed the construction contract according to the bidding documents and bidding documents.
2. If the winning bidder refuses to submit the performance bond and sign the contract within the specified time, the tendering unit shall report to the tendering management institution for approval and agree to cancel the qualification of winning the bid, confiscate the bid bond according to the regulations, and consider signing a contract with another tendering unit.
3. If the construction unit refuses to sign a contract with the winning bidder, it is not necessary to compensate the relevant losses except for double return of the bid bond.
4. After the construction unit signs the contract with the winning bidder, the tenderee shall promptly notify other tenderers that its bid has not been accepted, return the tender documents, drawings and relevant materials as required, and return the bid bond (interest-free). The bid bond confiscated due to violation of regulations will not be returned.
5. Before signing the construction contract with the winning bidder, the construction unit shall apply to the construction administrative department or its authorized unit for contract review.
* After the bidding work, the tenderer will make a copy of the relevant minutes, materials, bid evaluation report and the bid documents of the winning bidder in the process of bid opening and bid evaluation, and report it to the bidding management institution for the record.
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