(1) What are the necessary conditions for construction bidding of engineering construction projects?
The bidding for construction projects m
(1) What are the necessary conditions for construction bidding of engineering construction projects?
The bidding for construction projects must meet the following conditions:
1 The tenderer has been established according to law;
2. The land for construction projects has been obtained according to law;
(3) If the preliminary design and budgetary estimate should go through the examination and approval procedures, it has been approved;
4. Approve the scope, method and organizational form of bidding;
5. The corresponding funds or sources of funds have been implemented;
6. Design drawings, technical data and bill of quantities required for bidding;
(seven) the tender notice of the project that must be subject to construction tender according to law has been (will be) released;
(2) What conditions should the tenderee of construction project bidding meet?
An overview of the conditions that the tenderee of engineering construction project should have.
Measures for Bidding of Construction Projects (Order No.30 of Seven Ministries -2003)
Eighth construction projects that must be tendered according to law shall meet the following conditions before bidding:
(a) the tenderer has been established according to law;
(two) the preliminary design and budgetary estimate shall go through the examination and approval procedures and have been approved;
(three) the scope, method and organization of bidding. , the approval, has been approved;
(four) the corresponding funds or sources of funds have been implemented;
(five) there are design drawings and technical data required for bidding.
Measures for Tendering and Bidding of Construction Goods (Order No.27 of Eight Ministries -2005)
Article 8 A construction project that must be subject to tender according to law shall meet the following conditions before bidding for goods: (1) The tenderer has been established according to law; (two) in accordance with the relevant provisions of the state, should perform the project approval, approval or filing procedures, and has been approved, approved or filed; (3) There are corresponding funds or sources of funds that have been implemented; (four) to be able to put forward the purpose and technical requirements of the goods.
Measures for Bidding for Survey and Design of Engineering Construction Projects (Order No.2 of Eight Ministries-2003)
Ninth construction projects that must be subject to survey and design bidding according to law shall meet the following conditions when bidding:
(a) in accordance with the relevant provisions of the state, the project examination and approval procedures need to be fulfilled and have been approved.
(two) the funds needed for survey and design have been implemented.
(3) Collected the necessary basic data of survey and design.
(4) Other conditions stipulated by laws and regulations.
Measures for the Administration of Bidding for Housing Construction and Municipal Infrastructure Projects (Decree No.89 -200 1 of the Ministry of Construction)
Article 8 A project construction tender shall meet the following conditions:
(a) in accordance with the relevant provisions of the state, the project approval procedures need to be fulfilled, and the approval procedures have been fulfilled; (two) the project funds or sources of funds have been implemented; (3) Having design documents and other technical data that meet the needs of construction bidding; (four) other conditions stipulated by laws, regulations and rules.
Trial Measures for Self-tendering of Construction Projects (Order No.5 of the State Development Planning Commission -2000)
Article 4 A tenderer shall have the ability to prepare tender documents and organize bid evaluation when handling tender matters by himself, including: (1) having the qualification of project legal person (or legal person); (2) Having professional technical forces such as engineering technology, budgetary estimate, finance and project management that are suitable for the scale and complexity of the project subject to tender; (3) Have bidding experience in similar projects; (4) Having a special tendering agency or having more than three full-time tendering professionals; (five) familiar with and master the bidding law and related laws and regulations.
Article 5 Where a tenderer invites tenders by himself, the project legal person or the project legal person under construction shall submit written materials in accordance with the provisions of Article 4 of these Measures when reporting the feasibility study report of the project to the State Planning Commission. The written materials shall at least include: (1) the business license of the project legal person, the legal person certificate or the establishment document of the project legal person; (2) Having professional and technical strength suitable for the project subject to tender; (three) the basic information of the internal bidding agency or full-time bidding business personnel; (four) the information of the expert database to be used; (five) the tender documents and bid evaluation reports of similar engineering construction projects prepared in the past, as well as the certification materials of bidding performance; (6) Other materials.
Measures for the Administration of Bidding for Highway Engineering Construction (Order No.7, 2006 of the Ministry of Communications)
Article 7 A bidding project for highway engineering construction shall meet the following conditions: (1) The preliminary design documents have been approved; (two) the construction funds have been implemented; (three) the project legal person has been identified and meets the requirements of the qualification standards for project legal persons. Article 8 The tenderee of highway engineering construction bidding is a project legal person who proposes and implements highway engineering construction bidding in accordance with the provisions of these Measures.
Measures for the Administration of Bidding for Highway Engineering Survey and Design (Order No.6 of Ministry of Communications No.2001)
Article 8 A tenderee is a project legal person who meets the market access conditions for highway construction, and conducts bidding for highway engineering survey and design projects in accordance with the provisions of these Measures.
(Remarks: Regulations on Market Access of Highway Construction, Order No.6 of Ministry of Communications, 2000)
③ What are the bidding requirements?
That is, the tenderee (owner, purchaser, project unit) is the main demander of the proposed project or procurement content, and the design involves the technical, commercial, price, performance and other aspects of the project subject to tender. , mainly for the specific requirements of the bidder's bid response content and qualification conditions.
Relevant specific requirements will be specified in the tender, compiled by the tendering unit or the entrusted design unit, and provide the bidder with the documents on the main technology, quality, construction period and other requirements of the project.
Bidding documents are legally binding and enforceable bidding behavior standard documents that all purchasers should abide by when bidding. Its logic is strong, and it cannot be inconsistent and ambiguous; Language should be concise and to the point. The tender is also the basis for the bidder to prepare the tender, and the bidder must make a substantive response to the contents of the tender, otherwise it will be judged as invalid tender (treated as invalid tender).
(3) The project is qualified for bidding through extended reading: the problems that bidders should pay attention to when submitting bids.
The bidder shall deliver the bid documents to the bidding place before the deadline for submission of bid documents. After receiving the tender documents, the tenderee shall sign and keep them, and shall not open them. If there are less than three bidders, the tenderer shall re-invite tenders in accordance with this Law. Tender documents delivered after the deadline for submission of tender documents required by the tender documents shall be rejected by the tenderer.
Submission of bid documents. The bidder must submit the bid documents within the specified time according to the place specified in the bidding documents. The best way to deliver the tender is to deliver it directly or through an agency, so as to obtain the receipt that the tendering agency has received the tender.
Tender documents usually contain the time and place of submission of tenders. A bidder shall not send the bidding documents to a place other than the place specified in the bidding documents. If the bidder delays the bidding time due to the wrong place to submit the tender, it will be regarded as invalid and rejected.
(4) What conditions must be met before the project bidding?
Before bidding for construction projects, the following preparations should generally be made.
(a) the project subject to tender must meet the following conditions
1. The construction project has been formally incorporated into the national, departmental or local annual fixed assets investment plan or approved by relevant departments;
2. The budget estimate has been approved and the qualification has been implemented;
3. The construction land has been requisitioned, all obstacles have been removed, and the "three links and one leveling" on site has been completed or implemented by the construction unit;
4. There are construction drawings and technical data that meet the construction needs;
5. The main building materials (including special materials) and equipment have been implemented to ensure continuous construction;
6. Approved by the planning department where the project is located, with the approval documents of the local competent construction department.
With the above conditions, you can apply for bidding.
(2) Construction of construction projects
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 examination and registration.
2. Scope of application of construction projects: all kinds of buildings (including new construction, reconstruction, renovation and overhaul, etc.). ), civil engineering, equipment installation, pipeline laying, decoration and other construction projects.
3. The contents of the construction project application mainly include: project name, construction site, investment scale, source of funds, current investment amount, project scale, contract awarding method, planned commencement and completion date, project preparation, etc.
4. Documents to be submitted when the project is submitted for construction:
(1) project approval document or annual investment plan;
(2) Fixed assets investment license
(3) Construction Project Planning Permit
(4) proof of funds.
5. Construction application procedure: The construction unit shall fill in the unified registration form for application review of construction projects. If there is a superior competent department, it shall be approved by the superior competent department and submitted to the construction administrative department together with the documents to be submitted. "Registration Form for Construction Project Application Review" is made in triplicate, one for the administrative department of construction, the tendering and bidding management institution and the construction unit.
(three) the qualification examination of the bidding construction unit
According to China's "Bidding Law" and the provisions of relevant departments, the construction unit shall meet the following conditions for bidding by itself:
1. is a legal person or other organization established according to law;
2. Put forward the project subject to tender and conduct bidding;
3. There are economic and technical management personnel suitable for the bidding work.
4. Have the ability to prepare bidding documents;
5. Ability to organize bid opening and evaluation.
If the above conditions are not met, a qualified bidding agency shall be entrusted to handle the bidding matters. Bidding agency is a social intermediary organization established according to law, engaged in bidding agency business and providing related services. A procuratorial agency shall meet the following conditions:
1. It has a business place and corresponding funds to engage in bidding agency business;
2. Having the corresponding professional strength to prepare the bidding documents and organize bid evaluation;
3. A qualified expert database can be used as a member of the bid evaluation committee.
4. A bidding agency engaged in the bidding agency business of engineering construction projects shall also have the qualifications recognized by the construction administrative departments of the State Council or provinces, autonomous regions and municipalities directly under the Central Government. No unit or individual may designate a bidding agency for the tenderer in any way, nor may it force the tenderer to entrust a bidding agency to handle the bidding matters. However, for a project that must be subject to tender according to law, if the tenderer handles the tender by himself, it shall file with the relevant administrative supervision department.
(4) Choose the bidding method.
Project bidding can be a one-time contract, or it can be divided into several independent stages or independent projects, such as unit project bidding, civil engineering bidding and installation project bidding, equipment leprosy bidding and material supply bidding, special professional project bidding, etc.
⑤ What are the conditions for public bidding?
The conditions for public bidding are as follows:
First, national key projects and local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government (Article 11 of the Bidding Law);
Second, projects that must be subject to tender according to law with state-owned funds holding or leading position (Article 8 of the Regulations for the Implementation of the Bidding Law);
Third, other laws and regulations require public bidding projects. For example, Article 26 of * * * Procurement Law stipulates that public bidding should be the main procurement method of * * * Procurement Law; Article 26 of the Regulations on Land Reclamation stipulates that if * * * invests in land reclamation, the relevant competent departments of land and resources shall, in accordance with the provisions of laws and regulations on tendering and bidding, determine the construction unit of land reclamation projects through public bidding.
(5) The project is qualified for bidding. Further reading: public bidding process steps
1, the tenderer (owner) shall go through the project approval or filing procedures (if necessary). After the project is approved or put on record, the tenderer will open the bid and implement the project.
The bidding has started. A tenderer may entrust a bidding agency to conduct bidding, or may conduct bidding by himself (but the filing procedures are complicated), and most of them are bidding agencies (i.e. bidding companies).
3. The tendering company assists the tenderee in bidding planning. That is, determine: bidding progress, procurement time, procurement technical requirements, main contract terms, bidder qualification, procurement quality requirements and so on.
4. With the cooperation of the tenderee, the tendering company shall prepare the tender documents according to the tender planning (including the above planning contents and tender announcement).
5. After the tenderer confirms, the tendering company issues a tender announcement (open tender) or an invitation to bid (invitation to bid). After seeing the announcement or receiving the invitation letter, the bidder goes to the bidding company to purchase the bidding documents.
⑥ What are the conditions for a project to be closed to public bidding?
1. Article 6 of the Bidding Law stipulates that in accordance with the relevant provisions of the state, projects that are not suitable for bidding because of special circumstances such as national security, state secrets, emergency rescue and disaster relief, or the need to use migrant workers because of the use of poverty alleviation funds, may not be subject to bidding.
Two, the "Regulations" supplementary provisions of article ninth, one of the following circumstances, also can not tender.
1, which requires irreplaceable patents or know-how.
2. Buyers can build, produce or provide by themselves according to law.
3. Investors who have selected franchise projects through bidding can build, produce or provide them by themselves according to law.
4. The project, goods or services must be purchased from the original winning bidder, otherwise the construction or functional requirements will be affected.
5, other special circumstances stipulated by the state, our country's laws prohibit any unit or individual from breaking up the items that must be subject to tender according to law or evading bidding in any other way.
(6) This project has the tender conditions.
1. According to Article 12 of the Measures for Tendering and Bidding of Construction Projects,
1, involving national security, state secrets or emergency rescue and disaster relief, which is not suitable for bidding.
2, belongs to the use of poverty alleviation funds to implement the work for the relief needs to use migrant workers.
3, the main construction technology adopts specific patents or proprietary technology.
4, the construction enterprise self-built project, and the construction enterprise qualification grade meets the engineering requirements.
5. The original winning bidder still has the contracting ability for the affiliated small-scale project or the main storey-adding project of the project under construction.
6. Other circumstances stipulated by laws and administrative regulations.
The second is the project that must be tendered.
1, large-scale infrastructure, public utilities and other projects related to social interests and public safety.
2, all or part of the use of state-owned capital investment or state financing projects.
3, the use of international organizations or foreign loans and aid projects.
All landowners project bidding should meet what conditions?
The bidder must meet the corresponding conditions, and the bidding conditions of the project are different according to the different conditions of the project. Article 9 of the Bidding Law briefly stipulates the necessary conditions for project bidding. This article stipulates that "if a project subject to tender needs to go through the examination and approval procedures in accordance with the relevant provisions of the state, it shall go through the examination and approval procedures first and obtain approval. The tenderer shall have funds or sources of funds corresponding to the project subject to tender, and truthfully state them in the tender documents. " The National Development and Reform Commission and other seven ministries and commissions stipulated in Article 8 of the Measures for Bidding and Tendering of Construction Projects that "a construction project that must be tendered according to law shall meet the following conditions before bidding:
(a) the tenderer has been established according to law;
(two) the preliminary design and budgetary estimate shall go through the examination and approval procedures and have been approved;
(three) the scope, method and organization of bidding. , the approval, has been approved;
(four) the corresponding funds or sources of funds have been implemented;
(five) there are design drawings and technical data required for bidding. "
The former Ministry of Construction "housing construction and municipal infrastructure project bidding management measures" stipulated in Article 8 "project construction bidding shall meet the following conditions:
(a) in accordance with the relevant provisions of the state, the project approval procedures need to be fulfilled, and the approval procedures have been fulfilled;
(two) the project funds or sources of funds have been implemented;
(3) Having design documents and other technical data that meet the needs of construction bidding;
(four) other conditions stipulated by laws, regulations and rules. "
Therefore, according to the above provisions, the project bidding must at least meet the following conditions:
1, the tenderer has been established according to law.
If the tenderer is a state organ or institution, of course, there is no problem, but if it is a company or other enterprise form, it must have been established according to law. Because the tenderer is a party to the contract, it should bear civil liability independently. If the enterprise is still in the process of preparation, or it is only a department of the enterprise or other units, it is generally impossible to bid for the project without the authorization of the unit.
This project has been approved.
The project has been approved, including the project itself. At the same time, if the state stipulates that the bidding of a project subject to tender needs approval, it must also be approved by bidding. Article 7 of the Implementation Regulations further refines the contents of examination and approval, stipulating that "the scope, methods and organizational forms of bidding for projects that must be subject to bidding in accordance with relevant state regulations shall be reported to the project examination and approval department for examination and approval. The project examination and approval department shall promptly notify the relevant administrative supervision departments of the scope, method and organization of bidding determined by examination and approval. "
3, the project funds or their sources have been implemented.
The project funds or their sources have been implemented, that is, the tenderer should have the corresponding funds or sources of funds for the project subject to tender, and it should be truthfully stated in the tender documents. Of course, this condition is not required for the bidding of projects financed by BOT and PPP. For example, Article 8 of the Measures for the Administration of Municipal Public Utilities Franchise stipulates that after a municipal public utility franchise project is approved by the people's government of a municipality directly under the Central Government, it may publish the tender conditions to the public and accept the tender.
4, the construction project bidding project must also have the design drawings and technical data required for bidding, and the purpose and technical requirements of the goods should be put forward in the bidding of the goods procurement project.
The project can be invited by EPC turnkey general contractor, or it can be investigated, designed, purchased and constructed separately. The second paragraph of Article 24 of the Construction Law stipulates that "the contracting-out unit of a construction project may contract out the survey, design, construction and equipment procurement of a construction project to the general contractor, and may also contract out one or more of the survey, design, construction and equipment procurement of a construction project to the general contractor; However, a construction project that should be completed by one contractor shall not be divided into several parts and contracted out to several contractors. " According to the national regulations, when bidding for construction projects, there must be design drawings and technical data required for bidding, otherwise the bidder can't quote and prepare for the construction period, and even if it wins the bid, it can't construct according to the drawings. Bidding for goods procurement projects should be able to put forward the purpose and technical requirements of goods, otherwise, bidders' bids cannot be effectively compared.
5. Other conditions stipulated by laws, regulations and rules.
If laws, regulations or rules require other conditions for a project subject to tender, it shall be stipulated. However, the principle of equality and fairness should be adhered to when setting the conditions, and some bidders should not be restricted from bidding with unreasonable conditions and be treated in a discriminatory manner.
If the project does not meet the bidding conditions, it may lead to invalid bidding and corresponding legal consequences and disputes.