I. Timely examination and approval of bidding scheme and filing of construction bidding documents According to relevant bidding laws and regulations, examination and approval of bidding scheme (bidding scope, bidding method and bidding organization form) and filing of construction bidding are the two most basic tasks that must be completed to carry out construction bidding activities. The purpose of the approval of the national bidding scheme is to ensure the public bidding of projects that should be publicly tendered according to law. The purpose of bidding filing is to facilitate the administrative supervision of bidding activities.
According to the Notice of the General Office of the State Council on Printing and Distributing the Opinions of Relevant Departments of the State Council on the Division of Responsibilities for Administrative Supervision of Bidding Activities (No.34 [2000] of Guo Ban Fa), the National Development and Reform Commission is responsible for guiding, coordinating and approving the bidding method and scope of the project; Industrial administrative departments are responsible for supervising the bidding activities of their respective industrial projects; All kinds of housing construction and its supporting lines, pipelines, equipment installation projects and municipal engineering projects are supervised by the construction administrative department.
In order to provide quality services to project owners, standardize and effectively carry out construction bidding agency business, bidding agency enterprises should actively assist bidders to determine the bidding scope of investment construction projects, design bidding schemes, prepare bidding plans, formulate contract management models (engineering construction models), divide contract packages or blocks, draw up bidding methods for each contract package, and arrange bidding sequence. Urge the tenderee to go through the formalities of approving the tender or changing the contents of the tender in time.
When designing the bidding scheme and formulating the contract management mode, we should pay attention to the following: except for the construction of special professional projects or the installation of special equipment and equipment in key parts, it is generally not allowed to set up a sub-project as a contract package or bid section; A minimum contract package or bid section is not just a unit project; For technology-based industrial investment construction projects, in order to improve the project quality, shorten the construction time and expand the investment benefit, it is suggested to adopt the general contracting construction method (only one design-construction general contracting contract package is set for a construction project).
According to the provisions of relevant laws and regulations on bidding, the tenderer shall submit the bidding documents to the competent department of the industry government where the project is located for the record of the construction bidding documents before the bidding documents prepared according to the bidding examination and approval are sold (including the clarification or modification of the bidding documents). The bidding agency enterprise shall assist the tenderee to handle the bidding registration with the materials such as the examination and approval procedures of the bidding scheme, the entrusted bidding agency agreement, the first draft of the construction bidding documents, etc., and obtain the bidding registration number at the bidding management institution of the competent department of the industry government where the project is located. The bidding agency shall clearly write the name of the approval document of the bidding scheme and the registration number of the construction bidding document into the final draft of the construction bidding document.
Second, the legal time limit for a project and key working hours should be clearly stated in the construction bidding documents in accordance with relevant bidding laws and regulations. The legal time limit for construction bidding is as follows:
(1), bidding documents or prequalification documents shall be sold for not less than five working days; (2) The shortest bidding deadline or the shortest bid opening time shall be no less than 20 days; (3) The deadline for the tenderer to clarify or modify the tender documents shall be at least fifteen days before the deadline for bidding; (4) The bid bond shall be valid for more than 30 days; 5], the tenderer to determine the winning bidder (calibration) time at the latest 30 working days before the end of the bid validity; [6]. No later than 15 days after determining the winning bidder (calibration), submit a written report on the bidding situation (construction bidding situation for the record) to the bidding supervision department of the industry to which the project belongs; First, the signing of the construction contract shall not exceed 30 days after the date of issuance of the bid-winning notice; Being, at the latest, the time for returning the bid bond to the winning bidder and unsuccessful bidder shall not exceed five working days after the signing of the construction contract.
The following key working hours of construction bidding activities can be inferred from the above legal time limit and the Management Measures for Construction Bidding of Industrial Projects:
(1) The final draft of the construction bidding documents shall be written at least 20 days before the bidding deadline; (2) The time for organizing potential bidders to visit the site shall not be less than the deadline for the tenderer to clarify or modify the bidding documents (16 calendar days before the deadline for bidding); (3) The deadline for the bidder to clarify the bidding documents shall not be less than the time of the preparatory meeting for bidding (if any) or the deadline for the tenderer to clarify or modify the bidding documents (16 calendar days before the deadline for bidding); (4) The pre-tender estimate meeting shall be held not less than the deadline for the tenderee to clarify or modify the tender documents (16 calendar days before the deadline for bidding); ⑤ The time when the bidder confirms the receipt of clarification or modification of the tender documents is the date when the clarification or modification of the tender documents is issued; 6. The bid is valid for at least 60 calendar days;
All landowners for housing construction and municipal infrastructure bidding projects, the tenderer set the highest price (stop price) of the tender offer, and shall announce the stop price three calendar days before the tender deadline; (eight) housing construction and municipal infrastructure projects subject to tender, the successful candidate for public bidding shall be publicized on the same website and construction engineering trading center published in the project tender announcement, and the publicity time shall be at least two working days; Pet-name ruby by the project belongs to the industry bidding activities supervision department of the tender written report (construction bidding record report) preliminary confirmation, this project has no illegal behavior in the construction bidding activities, within the specified time, the tenderer to the winning bidder, and will not bid notice served on unsuccessful bidders; Attending housing construction and municipal infrastructure bidding projects, construction administrative departments within 5 days from the date of receipt of the written report on the bidding situation did not inform the tenderer of illegal activities in the bidding activities, you can send a bid-winning notice to the winning bidder, and will not bid-winning notice served on unsuccessful bidders.
Three, all-round design and construction bidder qualification conditions
In order to establish the use value of investment construction projects in time and ensure the maximum investment benefit of investment construction projects; Owners who invest in construction projects should not only choose contractors that match the project scale and construction technology, but more importantly, find the best partners, share the construction responsibilities and risks and share the achievements of investment construction projects. Therefore, designing the qualifications of bidders for construction has become the key to achieve the effect of construction bidding and ensure the smooth implementation of investment construction projects. If the qualifications of the designed construction bidders are too high, there will be fewer bidders who can meet the requirements of the project subject to tender, which will lead to insufficient competition and easy collusion in bidding. If the qualification of the designed construction bidders is too low, many construction enterprises will participate in bidding, which will not only increase the workload of the tenderee's bid evaluation, but also waste social resources (waste people and money) such as the energy of bidders and bid evaluation experts, and it is easy to have "malicious complaints".
In this way, the reputation of the tenderer will decline, and the number of construction enterprises participating in the next bidding will decrease. What's more, many bidders with different quality have different bidding prices due to their own enterprise costs, which makes it impossible for the tenderee to choose the best contractor that matches the project scale, has advanced technology and shares the construction risks with the tenderee through bidding.
The author thinks that the number of potential bidders mainly depends on the reputation of the tenderer, the concentration of the construction industry, the contract management mode and the qualification conditions of design and construction bidders; The design with suitable construction bidder qualification shall ensure that 5~7 (at most 9) bidders participate in the bidding; The qualifications of construction bidders can be composed of five qualifications: statutory basic conditions, statutory restrictions, statutory construction qualifications, project performance ability and credit standing.
1, the legal basic conditions for the qualification of construction bidders
Construction bidders must be legal persons or other organizations with independent rights and obligations to conclude and perform contracts (subject to business license and legal person code certificate).
As a bidder, each member of the bidding consortium must be a legal person or other organization.
2. Legal restrictions on the qualifications of construction bidders
Associated persons of a tenderee suspected of violating the principle of fair and just bidding, legal persons and their associated persons who have interests with the tenderee (such as mutual equity participation), legal persons or other organizations that provide engineering consulting, design, supervision, bidding agency or project agency services for a tendered project, legal persons or other organizations with the same legal representative as consultants, designers and supervisors, project agents and bidding agents of a tendered project holding shares with each other, or project leaders and main technicians serving in each other, may not participate in bidding.
The legal representatives of two or more legal persons or other organizations are the same person, and two or more legal persons or other organizations have mutual shares, and other legal persons or other organizations are suspected of colluding in bidding or colluding in bidding, so they may not participate in bidding. Members of a consortium may not bid alone, nor may they form a new consortium or participate in other consortia.
Legal persons or other organizations that have the following acts shall not participate in the bidding:
① It is planned to transfer all the winning projects, transfer them separately, or illegally subcontract some main bodies and key working layers of the winning projects; (two) by bribery and other improper means to win the bid;
(3) Obtaining the bid by fraudulent or other improper means;
(4) Bidding in the name of qualified or highly qualified units (bidding in the name of others); (5) Obtaining qualification certificates from other units through transfer or lease; ⑥ The project director, technical director and main full-time management personnel to be stationed in the construction site are not employees of this unit.
3. Legal construction qualification of the construction bidder
The state implements a system of qualification access and safety production license for construction enterprises, which are one of the main players in the construction market. Enterprises engaged in civil construction and equipment installation projects must apply to the construction administrative departments at all levels for the qualification of construction enterprises and apply for safety production licenses. Enterprises that have obtained the qualification certificate of general contracting of construction can undertake the general contracting of construction projects of corresponding grades within the scope of qualification license and professional contracting projects within the scope of general contracting qualification; Enterprises with professional contracting qualifications can undertake professional projects subcontracted by construction general contracting enterprises and professional projects contracted by construction units according to law. Enterprise qualification certificates and safety production license certificates issued by construction administrative departments at all levels according to law are valid throughout the country.
According to the construction content, scope and scale of the project subject to tender determined by the approved bidding scheme, the legal construction qualification of the construction bidder can be designed and determined according to the construction permission scope of the qualification grades of various construction general contracting and professional contracting enterprises formulated in accordance with the Special Qualification Standard for Construction General Contracting Enterprises and the Qualification Grade Standard for Construction Enterprises. For a general contracting project, in addition to requiring the general contracting bidder to have the qualification grade of the general contracting enterprise and the effective safety production license corresponding to the project subject to tender, it should also be clearly required that the subcontractor who intends to undertake non-main structure and non-critical work should also have the professional contracting enterprise qualification grade and effective safety production license corresponding to the project to be undertaken.
In addition, according to the Regulations on Safety Supervision of Special Equipment (the State Council Order No.549), for the installation of special equipment and pressure piping components, in addition to requiring the construction bidder to have the qualification grade of the general contractor of electromechanical installation project or the professional contractor of electromechanical equipment, elevators, lifting equipment, pipeline engineering and other effective safety production licenses corresponding to the bidding project, it should also explicitly require the approval of the safety supervision and management department of special equipment.
It should be noted here that according to the principle of fair and just bidding, it is not allowed to set discriminatory qualification requirements in the construction bidding documents by requiring a qualification level higher than the actual situation of the bidding project or by requiring a registered capital higher than the legal construction qualification level; For the bidders of the consortium, each member of the consortium shall have corresponding legal construction qualifications and valid safety production licenses for the construction contents undertaken; For a consortium composed of the same professional legal person or other organization, the qualification level of the consortium shall be determined according to the members with lower qualification level; Subcontractors of general contracting projects shall not restrict or designate specific patents, trademarks, names, designs, countries of origin or manufacturers. If it is necessary to quote the technical standards of manufacturers and suppliers to accurately or clearly explain the technical standards of subcontracted projects, the words "or equivalent" should be added after the quotation; And there shall be no words that threaten or imply that the bidder subcontracts part of the project to the project area, system contractors and suppliers after winning the bid.
4, the construction bidder project performance ability qualification
The qualification of project performance ability (manpower, material resources and financial resources) of construction bidders should be set according to the specific characteristics and actual needs of the project subject to tender. Among them, the personnel quality mainly includes the professional quality requirements of the project director (project manager), technical director, full-time management personnel in key positions and skilled workers in key construction positions that the bidder intends to send to the construction site. Material performance qualification refers to the requirements for the construction equipment and quality inspection equipment that the bidder intends to put into the site, and financial performance qualification refers to the requirements for the bidder to provide liquidity at the construction site.
Practice shows that the quality of contractor's on-site construction and the operation efficiency of safety assurance management system (management team headed by project manager) determine the success or failure of bidding project construction. The knowledge quality (cognitive ability), technical level, management ability (decision-making, organization, command and contingency ability) and work experience of the project manager and each member of his management team determine the efficiency of the contractor's performance of contract obligations; Professional quality (education level, post experience, etc.). The quality of skilled workers in key construction positions directly affects the quality of contracted projects. Therefore, the professional quality of the project manager, technical director, full-time management personnel in key positions and skilled workers in key construction positions that the bidder intends to send to the construction site should be restricted.
The basic requirements for the professional quality of the project manager are: there must be a registered builder, professional and technical title certificate and safety production assessment certificate suitable for the construction content and scale of the bidding project; Legal proof of the existence of labor and personnel relationship with the bidder (subject to the labor contract and social pooling pension insurance payment voucher); Performance of similar projects (subject to the contract and the completion acceptance record of unit project quality);
The basic requirements for the professional quality of technical leaders and full-time managers in key positions are: having professional and technical title certificates that are suitable for the construction content and scale of bidding projects; Have a legal labor relationship certificate with the bidder; Performance of similar projects (the technical director shall be subject to the contract and construction organization design or construction plan submission form); Full-time safety administrators must obtain a certificate of safety production assessment.
Skilled workers (including electricians and scaffolders, etc. ) Key construction posts, such as vertical transport machinery operators, installers, demolition workers, lifting signalmen, and high-rise erectors, must conclude labor contracts with bidders, receive safety operation training from construction authorities, and obtain special operation qualification certificates.
According to the construction technology of the project subject to tender, in order to ensure the realization of project construction quality, progress and investment benefit, and meet the functional requirements of safety, environmental protection, energy saving and high efficiency, specific requirements can be set for main or special construction equipment and quality testing equipment. For example, the safety protection appliances, mechanical equipment, construction tools and accessories to be put into the construction site purchased and leased by the construction bidder must have the production license and product certificate. Construction hoisting machinery must have the safety performance test certificate and safety technical file issued by the inspection and testing institution recognized by the safety supervision and management department of special equipment. Having instruments and equipment that meet the requirements of on-site physical and mechanical performance testing of the main structure engineering quality; Among them, the measuring instruments that use compulsory verification must have the metrological verification certificate issued by the special inspection and testing institution within the validity period.
In order to ensure the timely and full payment of the wages of the personnel stationed in the construction site and the procurement of building materials and components, the construction bidder may be required to use a certain proportion of the working capital of the construction site not less than the tender offer or the bank credit line of the project subject to tender (subject to the bank credit certificate issued by the bidder).
5, the construction bidder credit qualification
Market economy is a legal economy, and people engage in any economic activities, mainly around signing contracts and fulfilling them in accordance with relevant laws. All participants in investment and construction projects, including owners, should conscientiously fulfill their rights and obligations in accordance with relevant laws and various construction contracts signed.
Honesty and credit (good faith performance) is not only the business ethics criterion for people to engage in economic activities, but also the basic values generally applied in market economy and the legal principles for regulating civil activities. If a contractor does not seek contract rights with good subjective wishes, honest and trustworthy attitude, or deliberate fraud or even treachery, then it is impossible to fulfill the construction contract with good quality, on schedule and efficiently. Therefore, if the project performance ability qualification is the hard power of the construction bidder, then the credit reputation qualification is the soft power of the construction bidder. The author thinks that the credit qualification of construction bidders can be set mainly from five aspects: financial status, technical strength, award-winning, management system and management system, and performance integrity record.
The financial status should be analyzed and calculated through the financial statements submitted by the bidder and audited by the national certified public accountant, so as to judge the bidder's performance compensation ability and debt repayment ability in the event of serious breach of contract and major engineering quality and safety problems, as well as the bidding strength of construction contracting (the proportion of construction contracting income to total operating income).
Technical strength refers to whether the bidder has the proprietary construction technology with independent innovation and the construction method with independent intellectual property rights.
The winning project refers to whether the bidder has won the National Science and Technology Progress Award, the China Construction Luban Award and the provincial quality engineering award where the project is located.
The management system and management system can be determined according to whether the construction bidder has the third-party certificate of enterprise quality management system (ISO9000 series standard quality system), environmental management system (ISO 14000 series standard environmental management system) and occupational health and safety management system (ISO 18000 series standard occupational health and safety management system). Because all contractors of enterprise quality management system, environmental management system and occupational health and safety management system certified by third parties have perfect quality and safety management work manuals and program documents, and have established internal and external (third party) audit systems to ensure the effective implementation of quality and safety management systems.
At present, China has initially established a credit system management information system for the construction market. The relevant industry administrative departments of governments at all levels have established a platform for announcing the records of violations of laws and regulations and bad behaviors of all parties involved in the transactions in the supervised construction market. For example, in the column of "Credit System" in official website, the Ministry of Urban and Rural Development, you can find the records of illegal behaviors and bad behaviors of all parties in the construction market under the supervision of the Ministry of Urban and Rural Development in terms of construction procedures, bidding and contracting, quality and safety, and arrears of project funds. It can be set that potential bidders who have won the bid through fraud and serious breach of contract, and suffered legal sanctions and administrative penalties for major engineering quality and safety problems in the last three years (in the state of being ordered to suspend business, disqualified from bidding, property being taken over, frozen or bankrupt) cannot bid.
Fourth, refine the requirements for safe production.
In recent years, in response to many major quality and safety accidents, the relevant state departments have issued a number of safety production documents; However, most of these documents are instructive rather than mandatory. In order to prevent the occurrence of serious quality and safety accidents, promote the contractor to strengthen safety management and refine safety measures, the main essence of these documents should be written into the tender documents. For example, in the construction organization design of bidding documents, construction bidders are required to formulate safety construction measures and temporary electricity utilization schemes at the construction site; In view of the possible production safety accidents on the construction site, formulate emergency rescue plans; Prepare special protective measures that may cause damage to adjacent buildings, structures and underground pipelines due to engineering construction; Prepare the fire safety responsibility system, fire fighting and emergency evacuation plan on the construction site; Formulate fire safety protection measures for open flame operations such as electric welding and gas welding.
"Technical standards" in the tender documents
And requirements ",the contractor must prepare a special safety construction plan and attach the safety inspection results to the dangerous sub-projects determined in the Safety Management Measures for Dangerous Sub-projects (J.Z. [2009] No.87); It shall be implemented after being signed by the technical director of the contractor's project and the general supervision engineer of the project, and the implementation process shall be supervised and monitored by the full-time safety production management personnel of the contractor's project.
In the "Technical Standards and Requirements" of the tender documents, it should also be clearly required that the technical person in charge of the contractor's project must make a technical disclosure on safety construction to the construction team and operators, and both parties should sign for confirmation. The installation and disassembly of construction hoisting machinery on the construction site must be undertaken by units with corresponding qualifications, and the acceptance procedures shall be handled. The contractor must promptly register the use of construction hoisting machinery with the construction administrative department where the project is located, and the registration sign is attached to the prominent position of the equipment. The contractor must set up obvious safety warning signs at the entrance of the construction site, construction hoisting machinery, temporary electricity facilities, scaffolding, access points, stairs, elevator wellhead, hole, bridge opening, tunnel mouth, foundation pit edge, storage places of explosives, harmful gases and liquids and other dangerous places.
It should also be clearly stipulated in the tender documents "Technical Standards and Requirements" that the contractor should establish a responsibility system for fire safety at the construction site, determine the person responsible for fire safety, and formulate various fire safety management systems and operating procedures for fire, electricity, inflammable and explosive articles. Set up temporary fire water sources suitable for the construction progress, install fire hydrants, and equip with fire extinguishing equipment such as hoses and water guns; There is a fire truck passage, and keep it clear; Organize regular fire safety education for employees and conduct fire drills; Regularly check fire control facilities and equipment, and check and maintain fire safety signs. The decoration materials purchased by the contractor must have the certification documents that the fire performance meets the fire technical standards and the factory certificate. Decorative materials, lighting equipment, wires and cables, circuit switches, electrical devices for protection or connection, low-voltage electrical appliances, fire protection products, safety technology prevention products, etc. Those who have been listed in the national compulsory product certification catalogue must have the certification certificate issued by the certification body designated by the National Certification and Accreditation Administration, and the products and their sales packages must be marked with the "CCC" certification mark.
If the relevant laws, regulations and policies of the state are not seriously implemented when compiling the bidding documents, it will easily lead to bidding disputes, create opportunities for "malicious complaints" and make bidding activities difficult to implement; Even fall into the trap set by the bad tenderer's representative, causing irreparable disaster to the bidding agency. Therefore, in the preparation of bidding documents, it is a necessary professional quality and ability for an excellent bidding agent to accurately grasp the management procedures of investment construction projects and the relevant laws, regulations and policies of bidding activities.