A timely bidding program approval and construction bidding documents for the record according to the relevant bidding laws and regulations, the bidding program (bidding scope, bidding and bidding organization) approval and construction bidding for the record is to carry out construction bidding activities must be completed two of the most basic work. The purpose of the state setting bidding program approval is to ensure that the project should be open bidding in accordance with the law to implement public bidding. The purpose of the bidding record is to facilitate the administrative supervision of bidding activities.
According to the "General Office of the State Council issued by the relevant departments of the State Council to implement the administrative supervision of bidding activities of the division of responsibilities of the notice" (State Council [2000] No. 34), the Development and Reform Commission is responsible for the national bidding guidance, coordination and approval of the project's bidding and bidding scope; the administrative department in charge of the respective industry is responsible for their respective industrial project bidding activities; all types of housing construction The supervision of bidding activities of various types of housing construction and its supporting lines, pipelines, equipment installation projects and municipal engineering projects is the responsibility of the administrative department in charge of construction.
In order to provide quality services to project owners and to standardize and effectively carry out the construction bidding agent business, the bidding agent enterprise shall take the initiative to assist the bidder in determining the scope of bidding for investment and construction projects, designing bidding schemes, preparing bidding plans, formulating the mode of contracting contract management (engineering and construction method), dividing contract packages or bidding segments, formulating the bidding method for each contract package and arranging bidding sequences. Urge the bidders to apply for bidding approval or bidding content change approval procedures in a timely manner.
In the design of the bidding program, the development of contract management mode of contracting, it should be noted that: in addition to the key parts of the construction of special specialized projects or special equipment and equipment installation, generally can not be set up for the division of the project as a contract package or section; a minimum contract package or section is both a unit of work; for the process-oriented industrial investment and construction projects, in order to improve the quality of the project, shorten the For the purpose of improving the quality of works, shortening the construction time and expanding the investment benefits, it is recommended to use the general contracting construction method (only one design-build general contracting package is set up for a construction project).
In accordance with the provisions of the relevant bidding laws and regulations, the bidder shall, before the bidding documents prepared in accordance with the bidding approval are put on sale (including clarification or modification of the bidding documents), report the bidding documents to the competent department of the industrial government in the place where the project is located for the record of the construction bidding documents. The bidding agent shall assist the bidder in registering the bidding for the record with the bidding program approval procedure and the entrusted bidding agent agreement as well as the first draft of the prepared construction bidding documents with the bidding tender management agency of the competent industrial government department at the location of the project, and obtaining the bidding record registration number. The bidding agent shall write the name of the bidding program approval document and the construction bidding document filing registration number prominently in the final draft of the construction bidding document.
Two, the statutory time limit and key working hours should be written prominently into the construction bidding documents in compliance with the relevant bidding laws and regulations, the statutory time limit for construction bidding are as follows:
(1) the bidding documents or pre-qualification documents on sale time of not less than five working days; (2) the minimum bidding deadline or the minimum opening time of not less than twenty days; (3) the bidder to clarify or Modification of the bidding documents at least fifteen days before the deadline for bidding; (4), the validity period of the bid bond shall exceed the bidding period of thirty days; (5), the bidder to determine the latest winning bidder (fixed bid) time in the bidding period ends thirty working days before the end of the day; (6), the latest to the project's industry bidding activities to the supervisory department of the bidding activities of the bidding situation to submit a written report (construction bidding for the record) is not more than Fifteen days from the determination of the winning bidder (finalization of the bid); (7) The latest time for concluding a construction contract is no greater than thirty days from the date of the issuance of the notification of the winning bid; (8) The latest time for refunding the bidding deposit to the winning bidder and unsuccessful bidders is no greater than five working days from the date of the concluding of the construction contract.
By the above statutory time limits and construction bidding for industrial projects can be assumed that the following key construction bidding activities:
① construction bidding documents prepared by the final draft of the date of the bidding deadline of at least twenty days before; ② organization of potential bidders on-site site visit time is not less than the deadline for clarification or modification of the bidding documents of the bidders (at the deadline for the tender) sixteen calendar days before); ③ the deadline for bidders to request clarification of the bidding documents is not less than the convening time of the preparatory meeting for bidding (if any) or the deadline for clarification or modification of the bidding documents by the bidders (sixteen calendar days before the deadline for submission of bids); ④ the preparatory meeting for bidding is not less than the deadline for clarification or modification of the bidding documents by the bidders (sixteen calendar days before the deadline for bidding); ⑤ the bidders to clarify or modify the bidding documents by the deadline (sixteen calendar days before the deadline) days before); ⑤ the bidder to confirm receipt of clarification or modification of the bidding documents shall be issued for the clarification or modification of the bidding documents for the same day; ⑥ the bidding period of validity of a minimum of not less than sixty calendar days;
⑦ for housing construction and municipal infrastructure projects bidding, if the bidder to set a bidding price of the maximum price (barrage price), the bidder should be announced three calendar days before the deadline for bidding Bidding price; ⑧ for housing construction and municipal infrastructure projects bidding projects, in the project bidding announcement issued by the same website and construction engineering trading center to publicize the winning candidate for public bidding, the minimum publicity time of not less than two working days; ⑨ by the project's bidding activities of the industry's bidding activities of the supervisory department of the bidding situation of the written report (construction bidding for the record report) to confirm that the project is in the construction of the construction bidding Bidding activities in no violation of the law, within the specified time bidder to the successful bidder to issue a notice of award, and the unsuccessful notice will be sent to the unsuccessful bidder; ⑩ for housing construction and municipal infrastructure projects bidding projects, the construction administrative department from the date of receipt of the written report on the situation of bidding bidding did not notify the bidder in the bidding bidding activities in the violation of the law within five days, you can send the successful bidder a notice of award, and will be unsuccessful to send the successful bidder notice and send the notice of unsuccessful bidding to the unsuccessful bidder.
Three, all-round design of construction bidder qualifications
In order to establish the value of investment construction projects in time, to ensure that investment construction projects to obtain the maximum investment benefits; investment construction project owners through the construction bidding of this orderly competition procurement is not only the choice of a project with the project project scale, the construction of technical matching contractor, and more importantly, is to seek a share the construction responsibility and risk, share the investment construction project owner. Construction responsibility and risk, share the results of investment and construction projects the best partners. Therefore, the design of construction bidder qualification conditions become the key to realize the effect of construction bidding and ensure the smooth implementation of investment and construction projects. If the qualification conditions for construction bidders are designed too high, there will be fewer bidders who can fulfill the bidding project, resulting in insufficient competition and easy to cause bid-rigging and collusive bidding. If the design of the construction bidders qualification conditions are too low, the construction companies to participate in the bidding, not only increase the bidder's workload, such as bid evaluation, waste of bidders and bid evaluation experts, such as social resources (people and money), and prone to "malicious complaints",
Leading to a decline in the reputation of the bidder's credit, to participate in the next Bidding for construction companies will be reduced, and more serious is a large number of good and bad bidders due to their own business costs are different, resulting in bidding prices vary greatly, resulting in the bidder can not be realized through the bidding to select a project with the scale of the project, advanced technology to match, and the bidder **** bear the risk of the construction of the best contractors.
The author believes that the number of potential bidders depends mainly on the bidder's credit reputation, the concentration of the construction industry, contract management mode and design of construction bidder qualification conditions; construction bidder qualification conditions appropriate design should ensure that there are 5 to 7 (up to 9) bidders to participate in the bidding; construction bidder qualification conditions can be made by the basic conditions of the law, the legal limitations, the legal construction qualification, project performance ability and credit reputation and other five qualification conditions.
1, construction bidder qualification statutory basic conditions
Construction bidders must be a legal person or other organization with the right and obligation to independently enter into contracts and perform contracts (subject to the enterprise business license and corporate code certificate).
Each member of the bidding consortium participating as one bidder must be a legal person or other organization.
2, construction bidder qualification statutory restrictions
Suspected violation of the principle of fair and equitable bidding subsidiary of the bidder, with the bidder there is a relationship of interest (mutual participation in the relationship, etc.) of the legal person and its subsidiaries, for the bidding project to provide engineering consulting or design or supervision or bidding agent or project construction services for the legal person or other organization, and the bidding project consultant, Designers, supervisors, project agents and bidding agents with the same legal representative or mutual shareholding or the project manager and the main technical staff of the legal person or other organization shall not participate in the bidding.
Two or more legal persons or other organizations with the same legal representative, two or more legal persons or other organizations with mutual equity participation, etc., suspected of bid-rigging, collusive bidding legal persons or other organizations shall not participate in the bidding. Each member of the consortium shall not bid alone, nor shall they form a new consortium or participate in other consortium bidding.
The following acts of legal persons or other organizations may not participate in the bidding:
① proposed to transfer all the winning project, respectively, or illegal subcontracting of some of the main body of the winning project, the key work layer by layer; ② bribery and other illegal means of obtaining the winning bid;
③ falsehoods and other improper ways to obtain the winning bid;
④ to rely on qualified or highly qualified units and in its name, to obtain the winning bid;
④ to rely on qualified or highly qualified units and in its name, to obtain the winning bid. or highly qualified unit and bidding in its name (bidding in the name of others); ⑤ obtaining qualification certificates from other units by transferring or renting, etc.; and ⑥ proposing to serve as the project manager, technical manager and main full-time management personnel at the construction site who are not the employees of the organization.
3, construction bidders legal construction qualifications
State construction market, one of the main construction industry enterprises to implement qualification qualification access and safety production licensing system. Where engaged in civil construction and equipment installation project construction enterprises must apply to the competent departments of construction administration at all levels of construction enterprise qualification and safety production license. Enterprises that have obtained the qualification certificate of general contracting for construction can undertake general contracting works of the corresponding level of the scope of qualification license and various specialized contracting works within the scope of coverage of the qualification of general contracting; enterprises that have obtained the qualification of specialized contracting can undertake specialized works subcontracted by the general contracting enterprise for construction and specialized works contracted by the construction unit in accordance with the law. The enterprise qualification certificates and safety production licenses issued by the competent departments of construction administration at all levels in accordance with the law are valid throughout the country.
Based on the approved bidding program determined by the construction content, scope and scale of the bidding project, in accordance with the "construction general contracting enterprise special qualification standards" and "construction industry enterprise qualification level standards" developed by the construction general contracting and professional contracting enterprise qualification level construction licensing scope of the construction can be designed to determine the construction of construction bidders legal construction qualifications. For the construction of general contracting projects, in addition to the requirements of the general contractor bidders at the same time with the bidding project corresponding to the construction of general contracting enterprise qualification level and a valid safety production license, should also be explicitly required to proposed to undertake the non-main structure and non-critical work of the subcontractors also have the same time with the proposed to undertake the project corresponding to the professional contractors with the corresponding level of qualification and a valid safety production license.
Additionally, according to the "Regulations on the Safety Supervision of Special Equipment" (State Council Decree No. 549), for special equipment and pressure piping components installation projects, in addition to requiring construction bidders to have the bidding for the project with the corresponding electromechanical installation project construction general contracting or electromechanical equipment, elevators, lifting equipment, pipeline engineering and other professional contractors qualification level and a valid safety production license should also be Clearly required to obtain special equipment safety supervision and management department license.
It should be noted that, in accordance with the principle of fair and just bidding, construction bidding documents shall not appear higher than the actual situation of the bidding project required qualification requirements or higher than the amount of registered capital required by the statutory construction qualification level and set discriminatory qualification requirements; for the consortium bidders, each member of the consortium shall have to undertake the construction of the content of the corresponding legal Each member of the consortium shall have the corresponding statutory construction qualification and valid safety production license for the construction content to be undertaken; for the consortium composed of legal persons or other organizations of the same profession, the consortium qualification level shall be determined according to the member with the lower qualification level; for the subcontractor of the general construction contracting project, it shall not limit or designate specific patents, trademarks, names, designs, places of origin or production suppliers, and if it is necessary to cite the technical standards of a certain production supplier in order to accurately or clearly explain the technical standards of the project to be subcontracted If it is necessary to cite the technical standards of a producer and supplier to accurately or clearly explain the technical standards of the project to be subcontracted, the reference should be followed by the words "or equivalent to"; and can not contain blackmail, implying that the bidder in the bidder to subcontract a part of the work to the project's region, the system of contractors, suppliers, and the words and phrases.
4, construction bidders project performance qualifications
Construction bidders project performance (human, material and financial) qualifications should be set in accordance with the specific characteristics of the bidding project and the actual need. Among them, manpower performance qualification mainly contains the bidder to be sent to the construction site of the project manager (project manager), technical personnel and key positions full-time management personnel and key construction positions of technical workers' professional quality requirements, physical performance qualification refers to the bidder to be invested in on-site construction equipment and quality testing equipment requirements, financial performance qualification refers to the bidder to provide the construction site of liquidity The requirements of the financial performance qualification refers to the bidder to provide construction site liquidity requirements.
Practice shows that the contractor site construction quality and safety assurance management system (project manager as the head of the management team) of the operational efficiency of the bidding project to determine the success or failure of the construction. Project manager and his management team of each member of the quality of their own knowledge (cognitive ability), technical level, management ability (decision-making, organization, command and adaptability) and work experience to determine the contractor to perform the contractual obligations of the efficiency of the contract; key construction positions of the professional qualities of skilled workers (cultural level, job experience, etc.) directly affect the quality of contracted works. Therefore, restrictions shall be set on the professional quality of the project manager, technical manager and full-time management personnel for key positions and technical workers for key construction positions that the bidder intends to send to the construction site.
The basic conditions of the professional quality of the project manager is: there must be with the construction content and scale of the bidding project in line with the professional and level of the registered construction division and professional and technical title certificates and obtain a certificate of passing the safety production assessment; and the bidder has a legitimate labor and personnel relationship certificate (to the labor contract, the social integration of the pension insurance payment certificate shall prevail); similar project performance (to the contract and the unit of) Project Quality Completion and Acceptance Record Sheet shall prevail);
The basic conditions for the professional quality of the technical person in charge and full-time management personnel in key positions are: professional and technical title certificates of professions and grades that match the construction content and scale of the bidding project; proof of legitimate labor relations with the bidder; and performance of similar projects (with the technical person in charge subject to contracting contracts and the construction organization design or the construction program review form); The full-time safety administrator must obtain the certificate of safety production assessment.
Vertical transportation machinery operators, installation and dismantling workers, demolition operators, blasting operators, lifting and signaling workers, ascent and erection operators and other key construction position skilled workers (including electricians, erectors, etc.) must enter into a labor contract with the bidder, must be through the competent construction department's safety operation training, and obtain the certificate of qualification for the operation of the special operation positions.
Based on the construction technology of the bidding project and to ensure that the project construction quality, progress, investment efficiency and other objectives to achieve as well as to meet the safety, environmental protection, energy saving, efficiency and other functional needs of the main or specialized construction equipment and quality testing equipment can be set specific requirements. For example, construction bidders to be put into the construction site of self-purchased, leased safety and protective gear, machinery and equipment, construction machinery and accessories, must have a production license, product certification. Construction cranes must have by the special equipment safety supervision and management department approved by the inspection and testing organizations issued by the safety performance testing of qualified documents and safety technology files. With the quality of the main structure of the project to carry out on-site physical and mechanical properties of the instruments and equipment required for testing work; which, the use of measuring instruments belonging to the mandatory calibration must have a special inspection and testing organizations issued by the validity of the validity period of the metrological calibration of the documents.
In order to ensure that on schedule, full payment of wages of personnel assigned to the construction site and the procurement of construction materials and components and other matters, you can ask the construction bidders for construction site liquidity is not less than the bidding project bidding price or the block price of a certain percentage of the bank's credit line (to the bidder to issue the bank's certificate of credit shall prevail).
5, construction bidders credit reputation qualification
Market economy is an economy of law, people engaged in any economic activity, mainly centered around the signing of contracts based on the relevant laws and the fulfillment of contracts. Including the owner of all investment and construction project participants to carry out all types of construction activities in accordance with the relevant laws and signed all types of construction contracts to conscientiously fulfill their rights and obligations.
Honesty and good faith (performance integrity) is not only the people engaged in economic activities of business ethics and is more generally applicable to the market economy, the basic values and legal principles governing civil activities. If a contractor is not in good faith subjective desire and honesty, trustworthy attitude or with intentional falsehoods or even treacherous ideas to seek contractual rights, then it is impossible to quality, on schedule, efficient performance of construction contracts. Therefore, if the project performance ability qualification is the construction bidder's hard power, then the credit reputation qualification is the construction bidder's soft power. In my opinion, construction bidders credit reputation qualification can be summarized by the financial status, technical strength, awards won, management system and management system, performance and integrity records and other five aspects of setting.
Financial status by the bidders submitted by the state certified public accountant audited financial statements analyzed and calculated to determine the occurrence of serious breach of contract and major engineering quality, safety issues of the bidder's ability to compensate for the performance of the debt servicing capacity and ability to pay off debts and the construction contracting bidding strength (construction contracting revenues accounted for the proportion of total operating income).
Technical strength refers to whether the bidder has independent innovation of proprietary construction technology and independent intellectual property rights of construction methods.
Awarded refers to whether the bidder has won the National Science and Technology Progress Award for similar bidding projects, the Luban Award for Chinese Construction Engineering and the Provincial Quality Engineering Award for the province where the project is located.
Management system and management system can be determined by the construction bidder whether the enterprise quality management system (ISO9000 series of standard quality system), environmental management system (ISO14000 series of standard environmental management system) and occupational health and safety management system (ISO18000 series of standard occupational health and safety management system) third-party certification certificate judgment. Because, where the third party to the enterprise quality management system, environmental management system and occupational health and safety management system certification of contractors, have a perfect quality and safety management workbook and program documents, and the establishment of the quality and safety management system to ensure the effective implementation of internal and external (third-party) audit system.
Currently, China has initially established a construction market credit system management information system. The relevant industrial administrative departments at all levels of government have respectively set up platforms for the announcement of records of offenses, violations and malpractices of all parties involved in construction market transactions under their supervision. For example, in the "Integrity System" section of the official website of the Ministry of Urban-Rural Development and Construction, it is possible to access the records of violations, irregularities and malpractices of the construction market under the supervision of the Ministry of Urban-Rural Development and Construction in terms of construction procedures, bidding and contracting, quality and safety, and delinquency in construction payments, among other behaviors. It can be set that potential bidders who have been legally sanctioned and administratively penalized (in the state of being ordered to cease business, having their bidding qualification canceled, having their property taken over, frozen and going bankrupt) for winning the bid by fraud and incurring serious defaults as well as major construction quality and safety problems within the last three years are not allowed to bid.
Four, refined production safety requirements
In recent years, in response to the occurrence of a number of large-scale quality and safety accidents, the relevant state departments issued a number of documents on production safety; however, most of these documents are guiding rather than mandatory. In order to prevent the occurrence of serious and large quality and safety accidents, and promote the contractor to strengthen safety management, refine the safety measures, should be the main essence of these documents into the tender documents. For example, construction bidders are required to prepare safety construction measures and construction site temporary electricity program in the construction organization design of the bidding documents; prepare emergency rescue plans for production safety accidents that may occur at the construction site; prepare special protection measures for damage that may be caused to adjacent buildings, structures and underground pipelines due to the construction of the project; prepare a fire safety responsibility system for the construction site, fire extinguishing and emergency evacuation Plan; the development of welding, gas welding and other open-flame fire safety protection measures.
In the bidding document "technical standards
and requirements" clearly stated, for the "greater danger of sub-parts of the project safety management approach" (JianQi [2009] No. 87) delineation of the greater danger of sub-parts of the project, the contractor must prepare a special construction program of safety, and attached to the security Calculation results; signed by the contractor's project technical person in charge and the project superintendent and engineer to implement, the implementation process by the contractor's project full-time production safety management personnel to carry out on-site supervision and monitoring.
In the bidding documents "technical standards and requirements" should also be clearly required, before the start of construction, the contractor's project technical responsible person must be to the construction team, the operating personnel for safety construction technology, and signed by both parties to confirm. Installation and dismantling of construction cranes at the construction site must be undertaken by a unit with appropriate qualifications and acceptance procedures. The contractor must promptly apply for construction crane registration to the construction administrative department where the project is located, and the registration mark is attached to the equipment in a prominent position. Contractor must be at the entrance to the construction site, construction cranes, temporary power facilities, scaffolding, access points, stairway, elevator shafts, holes, bridges, tunnels, pit edges, explosives and hazardous gases and liquids storage and other dangerous parts, set up a clear safety warning signs.
In the bidding documents, "technical standards and requirements" should also be clearly stated, the contractor should be in the construction site to establish a fire safety responsibility system, to determine the person responsible for fire safety, the development of fire, electricity, the use of flammable and explosive materials, such as fire safety management system and operating procedures; set up with the progress of the construction of the temporary Fire-fighting water sources, fire hydrants and fire-fighting equipment such as water belts and water guns shall be installed; fire fighting lanes shall be set up and kept open; fire-fighting safety education and fire-fighting drills shall be regularly organized for the workers; fire-fighting facilities and equipments shall be regularly tested, and fire-fighting safety signs shall be examined and repaired. The decorative materials purchased by the contractor must have documents and factory certificates of fire prevention performance in accordance with the fire safety technical standards. Has been included in the national mandatory product certification directory of decorative materials, lighting equipment, wires and cables, circuit switches and protection or connection of electrical devices, low-voltage electrical appliances, fire protection products, safety and technical precautionary products, etc. must have been designated by the Certification and Accreditation Administration of the Certification Authority of the certification issued by the certification body and the products and their sales packages labeled "CCC "Certification mark.
If the preparation of bidding documents in the link does not seriously implement the relevant state laws, regulations and policies, easy to trigger bidding disputes, create "malicious complaints" opportunities, resulting in difficult to implement the bidding activities; and even fall into the trap set by the representative of the bad bidders, the bidding agent to cause irreparable disaster. Therefore, in the preparation of tender documents in this link, accurately grasp the investment and construction project management procedures and bidding activities of the relevant laws, regulations and policies, is an excellent bidding agent must have the business quality and ability.