(1) Intellectual property rights and compensation fees of engineering design scheme. Intellectual property refers to people's civil rights to the fruits of their intellectual labor, and it is also a kind of property right, which can generate economic benefits through transfer, transferee, inheritance and licensing others to use it. The design of engineering construction project belongs to knowledge-intensive intellectual service industry, and it is a process of architectural art and technological creation. As a result of its service, the design scheme has certain intellectual property rights. Therefore, according to the characteristics and specific needs of the project, the tenderer should stipulate the scope and ownership of intellectual property rights involved in design bidding and the bidding compensation fee in the bidding documents. The intellectual property rights involved in the design bidding of engineering construction projects mainly involve copyright, and may also include some patent rights and trademark rights.
Bidders need to pay a lot of mental work to create and design bidding schemes, and also need to use design renderings, exhibition boards, models, multimedia presentation files and other ways to express their own design bidding schemes. Besides designing bidding schemes, they may also submit alternative bidding schemes according to bidding requirements, and bidders need to pay a certain fee for this. In addition, in addition to the winning design scheme, the tenderer may also adopt some design ideas or design results of the unsuccessful scheme, so it is necessary to consider compensating certain bidding scheme preparation expenses. At present, it is a common practice at home and abroad that the tenderer will generally pay a certain amount of compensation to the bidder, whether winning the bid or not, as economic compensation for the bidder to prepare and submit effective bidding documents, and the possibility that its design scheme will be used or partially used. At the same time, in order to encourage bidders to participate in the conception, conception and design scheme optimization of bidding design, the tenderer can also set up an excellent design scheme selection and reward on the basis of setting the bidding compensation fee. This makes it easier to obtain an excellent design bidding scheme.
However, if there are too many bidders bidding for the design of engineering construction projects, the possibility of similar bidding design schemes is great, and the amount of bidding compensation paid by the tenderer is also large; However, when the number of bidders is too small, the discreteness and adaptability of the design scheme may be insufficient, and the number of design ideas and excellent design schemes obtained by the tenderer will be reduced accordingly, thus affecting the effect of engineering construction project design bidding. Therefore, under normal circumstances, through pre-qualification, design units with similar performance experience to the project subject to tender are selected from a large number of design bidding applicants to participate in the design bidding, which not only avoids the tenderer from bearing too much bidding compensation fees, but also ensures that the tenderer can brainstorm and obtain as many excellent design creation schemes as possible.
The Management Measures for Bidding and Bidding of Architectural Engineering Scheme Design (Shijian [2008] No.63 of the Ministry of Construction) clearly stipulates the compensation fee for bidding and bidding of architectural engineering scheme design: the tenderer shall compensate the design scheme that meets the requirements of the design bidding documents but fails to win the bid, and specify the compensation standard in the bidding documents or invitations. If there are too many bidders, the tenderer may stipulate in the tender documents that a certain number of bidders will be compensated to varying degrees.
(2) The competitive characteristics of engineering design bidding and charging quotation. Engineering design bidding can be divided into design scheme bidding and design contract bidding. But no matter what kind of bidding, the key to bidding competition is the quality of design scheme and the quality of design team, not the design service fee, which is also the main feature of design bidding. Therefore, all parties to the tender should combine the contents and characteristics of the design bidding project, and carry out competitive bidding for design fees within the specified reasonable range according to the engineering design fee standards revised by the former State Planning Commission and the Ministry of Construction in 2002. Paying too much attention to the competition of design cost is not conducive to producing excellent design schemes.
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