What conditions should a project have for bidding
There must be corresponding conditions for bidding, and the conditions for bidding a project are different according to the different conditions of the project. Article 9 of "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 the corresponding funds or sources of funds for the project subject to tender, which shall be truthfully stated in the tender documents. " Article 8 of the Measures for Bidding and Tendering of Construction Projects issued by the National Development and Reform Commission and other seven ministries and commissions stipulates that "a construction project that must be tendered according to law shall meet the following conditions before it can be tendered:
(1) The tenderer has been established according to law;
(2) if the preliminary design and budgetary estimate should go through the examination and approval procedures, it has been approved;
(3) if the scope, method and organization of bidding should be approved, it has been approved;
(4) The corresponding funds or sources of funds have been implemented;
(5) Having the design drawings and technical data required for bidding. "
Article 8 of the Administrative Measures for Tendering and Bidding of Housing Construction and Municipal Infrastructure Projects of the former Ministry of Construction stipulates that "the bidding for project construction shall meet the following conditions:
(1) If the project approval procedures need to be fulfilled according to the relevant provisions of the state, the approval procedures have been fulfilled;
(2) The project funds or sources of funds have been confirmed;
(3) having design documents and other technical data that meet the needs of construction bidding;
(4) Other conditions stipulated by laws, regulations and rules. "
Therefore, according to the above provisions, the project bidding must meet at least the following conditions:
1. The tenderer has been established according to law
If the tenderer is a state organ or institution, 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 preparation, or it is only a department of the enterprise or other units and has not been authorized by the unit, it is generally impossible to conduct project bidding.
2. The project has passed the examination and approval
The project has passed the examination and approval, including the project itself. At the same time, if the state stipulates that the bidding of the project subject to tender needs examination and approval, it must also go through the bidding examination and approval. Article 7 of the Implementation Regulations further refines the content of examination and approval, stipulating that "the scope, method and organization form of bidding for a project that must be subject to tender according to the relevant provisions of the state shall be submitted 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 tenderee should have the corresponding funds for the project subject to tender or the sources of funds have been implemented, and it should be truthfully stated in the tender documents. Of course, this condition is not required for bidding of projects financed by BOT, PPP, etc. For example, as stipulated in Article 8 of the Measures for the Administration of Municipal Public Utilities Franchise, the bidding conditions can be released to the public and the bidding can be accepted after the municipal public utilities franchise project is reported to the people of the municipality directly under the Central Government, the city and the county for approval.
4. The bidding project of construction project must also have the design drawings and technical data required for bidding, and the bidding of goods procurement project should put forward the use and technical requirements of goods.
The project can be tendered by EPC turnkey general contractor or separately for survey, design, equipment procurement and construction. Paragraph 2 of Article 24 of the Building Law stipulates that "the contracting unit of a building project may contract out the survey, design, construction and equipment procurement of a building project to a general contractor, or contract out one or more of the survey, design, construction and equipment procurement of a building project to a general contractor; However, the construction project that should be completed by one contractor shall not be dismembered into several parts and contracted out to several contractors. " According to the national regulations, when bidding for construction projects, it is necessary to have the design drawings and technical data required for bidding, otherwise, the bidder can't quote and prepare 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 use and technical requirements of goods, otherwise, bidders' bids cannot be effectively compared.
5. Other conditions stipulated by laws, regulations and rules
If other conditions are required for a project subject to tender, they shall be specified by laws, regulations or rules. However, when specifying the conditions, the principles of equality and fairness shall be adhered to, and some bidders shall not be restricted from bidding with unreasonable conditions and discriminatory treatment shall be implemented.
if a project that does not meet the tender conditions is tendered, the tender may be invalid, and corresponding legal consequences and disputes may arise.
ii. What conditions should be met in bidding
According to Article 8 of the Measures for Bidding and Tendering of Construction Projects (Order No.3 issued by seven ministries and commissions in 23):
A construction project that must be tendered according to law shall meet the following conditions before bidding for construction:
(1) A tenderer has been established according to law;
(2) if the preliminary design and budgetary estimate should go through the examination and approval procedures, it has been approved;
(3) The bidding scope, bidding method and bidding organization form shall be checked and approved;
(4) The corresponding funds or sources of funds have been implemented;
(5) Having the design drawings and technical data required for bidding.
according to article 11 of the measures for tendering and bidding for construction projects, the national key construction projects determined by the development planning department of the State Council and the local key construction projects determined by the people of all provinces, autonomous regions and municipalities directly under the central government, as well as the construction projects that are all invested by state-owned funds or in which state-owned funds are holding or leading positions, should be invited for public bidding; Under any of the following circumstances, an invitation to bid can be conducted upon approval:
1. The construction project is technically complex or has special requirements, and only a few potential bidders can choose from it;
2. Limited by the natural geographical environment;
3, involving national security, state secrets or emergency rescue and disaster relief, which is suitable for bidding but not suitable for public bidding;
4. Compared with the value of the project, the cost of public bidding is not worth it;
5. It is not suitable for public bidding according to laws and regulations.
III. What are the conditions that a bid inviting unit should meet
The Management Measures for Tendering and Bidding of Construction Projects of the Ministry of Construction stipulates that
A construction unit should meet the following conditions in bidding:
(1) It is a legal person and other organizations established according to law;
(2) having economic and technical management personnel suitable for the project subject to tender;
(3) Having the ability to organize the preparation of bidding documents;
(4) having the ability to examine the qualifications of the tendering units;
(5) Having the ability to organize bid opening, bid evaluation and bid selection.
if the above conditions (2) to (5) are not met, consulting, supervision and other units with corresponding qualifications shall be entrusted for bidding.
IV Conditions for Self-tendering and Institutional Tendering
Self-tendering means that the tenderer has the ability to prepare tender documents and organize bid evaluation, and can handle the tender by himself according to law.
The specific conditions that a tenderer should meet when handling the tender matters by himself:
(1) Having the qualification of a project legal person (or legal person);
(2) It has professional technical strength in engineering technology, budget estimate, finance and project management that is suitable for the scale and complexity of the project subject to tender;
(3) Have experience in bidding for similar construction projects;
(4) having more than three full-time tender business personnel who have obtained the professional qualification of tender;
(5) be familiar with and master the bidding law and relevant laws and regulations. At the same time, the Law on Tendering and Bidding also stipulates that for a project that must be subject to tender according to law, if the tenderer handles the tender matters by himself, it shall file with the relevant administrative supervision department.
entrusted bidding means that the tenderer entrusts a bidding agency to organize the bidding work in the name of the tenderer within the scope of the bidding agency's authority. As a civil legal act, entrusted bidding belongs to the category of entrusted agent.
among them, the tenderee is the principal and the tendering agency is the trustee. The legal significance of this principal-agent relationship lies in that the agency behavior of the bidding agency is limited to the agency authority agreed by both parties, so the tenderer will bear civil liability for the agency behavior and its legal consequences.
5. What are the necessary conditions for a construction unit to bid?
The Ministry of Construction's Measures for the Administration of Bidding for Construction Projects stipulates that:
A construction unit should meet the following conditions in bidding: (1) It is a legal person and other organizations established according to law; (2) Having economic and technical management personnel suitable for the project subject to tender; (3) Having the ability to organize the preparation of bidding documents; (4) Having the ability to examine the qualifications of the tendering units; (5) Having the ability to organize bid opening, bid evaluation and bid selection. Do not have the above (two) to (five) conditions, shall entrust a qualified consulting, supervision and other units to tender.
what are the conditions for a project not to be tendered
1. Article 6 of the Tendering and Bidding Law stipulates that a project that involves national security, state secrets, emergency rescue and disaster relief, or is not suitable for tender due to special circumstances such as the use of poverty alleviation funds to replace work and the need to use migrant workers, may not be tendered in accordance with relevant state regulations.
ii. supplementary provisions of article 9 of the regulations stipulate that in any of the following circumstances, You can also not invite public bidding
1. You need to use irreplaceable patents or proprietary technologies
2. The purchaser can build, produce or provide
3. The investors of franchise projects selected through bidding can build, produce or provide
4. You need to purchase projects, goods or services from the original winning bidder. Otherwise, it will affect the construction or functional requirements
5, and other special circumstances stipulated by the state. China's laws prohibit any unit or individual from breaking up projects that must be subject to tender according to law or evading tender in any other way
(6) Further reading without tender conditions:
1. According to Article 12 of the Measures for Bidding and Bidding of Construction Projects
1. It is not suitable for tender because it involves national security, state secrets or emergency rescue and disaster relief
2.
3. The main construction technology adopts specific patents or proprietary technologies.
4. The construction enterprises build their own projects for their own use, and the qualification level of the construction enterprises meets the engineering requirements.
5. The original winning bidder still has the contracting ability
6. Other circumstances stipulated by laws and administrative regulations
2. Projects that must be subject to tender
1. Large-scale infrastructure, public utilities and other projects that are related to social interests and public safety
2. Projects that are wholly or partially invested or financed by the state
3. Projects that use international organizations or foreign countries. Projects with aid funds
What conditions must be met before bidding for seven engineering projects
Before bidding for construction projects, it is generally necessary to do the following preparatory work
(1) Projects subject to bidding must meet the following conditions
1. Construction projects have been formally included in 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 requisition of construction land has been completed, all obstacles have been removed and cleared, and the site "three links and one leveling" has been completed or has been implemented by the construction unit;
4. There are construction drawings and technical data that can meet the construction needs;
5. The main building materials (including special materials) and equipment have been implemented to ensure continuous construction;
6. It has been approved by the planning department where the project is located, and there are approval documents from the local construction authorities.
with the above conditions, you can apply for bidding.
(II) Application for Construction of Construction Projects
1. After the project approval documents or annual investment plans of construction projects are issued, those who meet the requirements in accordance with the Measures for the Administration of Construction Project Application for Construction shall apply to the construction administrative department for examination and registration.
2. Scope of construction project application: all kinds of housing construction (including new construction, reconstruction, renovation, 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, investment amount of the current year, project scale, contract awarding method, planned commencement and completion date, project preparation, etc.
4. Documents to be submitted for examination when applying for the construction of the project:
(1) Project approval document or annual investment plan;
(2) fixed assets investment permit
(3) construction project planning permit
(4) capital certificate.
5. Construction application procedure: The construction unit shall fill in the Registration Form for Examination of Construction Project Application in a unified format. 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 Examination of Construction Project Application" is made in triplicate, one for the construction administrative department, the bidding management institution and the construction unit.
(III) Qualification examination of the bidding of the construction unit
According to China's Bidding Law and the regulations of relevant departments, the construction unit should meet the following conditions for bidding on its own:
1. It is a legal person or other organization established according to law;
2. Propose the project subject to tender and conduct bidding;
3. Having economic and technical management personnel suitable for the bidding work
4. Having 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. Bidding agency is a social intermediary organization established according to law, engaged in bidding agency business and providing related services. A bidding agency should meet the following conditions:
1. It has a business place and corresponding funds to engage in bidding agency business;
2. Having corresponding professional strength capable of compiling bidding documents and organizing bid evaluation;
3. There are qualified experts who can be selected as members of the bid evaluation committee.
4. A bidding agency engaged in the bidding agency business of engineering construction projects should also be established in the State Council or provinces, autonomous regions and municipalities directly under the central government.