As a programmatic document for bidding activities and even the construction process of investment and construction projects, construction bidding documents are not only the basis for the management of each construction contract but also an action guide to standardize the implementation of investment and construction projects. For state-owned capital investment and construction projects, the bidding documents should not only fully reflect the wishes of the owners of the investment projects, ensure the smooth implementation of the project construction, and facilitate the supervision of project quality and project cost monitoring; they should also accurately reflect the implementation behavior of the state's investment and construction projects and laws, regulations and policies for tendering and bidding activities. Based on practice, Jiang Licong from the Shenyang Tendering Center elaborates in this article several matters that should be focused on when preparing construction bidding documents.
1. Timely handle the approval of the bidding plan and the filing of construction bidding documents
According to the relevant laws and regulations on bidding, the bidding plan (bidding scope, bidding method and bidding organization form) approval and construction bidding Registration is the two most basic tasks that must be completed to carry out construction bidding activities. The purpose of the state's approval of bidding plans is to ensure that projects that should be subject to public bidding according to law are subject to public bidding. The purpose of bidding registration is to facilitate the administrative supervision of bidding activities.
According to the "Notice of the General Office of the State Council on Issuing Opinions on the Division of Responsibilities of Relevant Departments of the State Council in Implementing Administrative Supervision of Bidding and Bidding Activities" (Guobanfa [2000] No. 34), the National Development and Reform Commission is responsible for the guidance and guidance of national bidding and bidding work. Coordinate and approve the bidding methods and scope of the project; each industrial administrative department is responsible for the supervision of the bidding activities of their respective industrial projects; the supervision of the bidding activities of various types of housing construction and their supporting lines, pipelines, equipment installation projects and municipal engineering projects , which is the responsibility of the construction administrative department.
In order to provide high-quality services to project owners and carry out construction bidding agency business in a standardized and effective manner, bidding agency companies should actively assist bidders to determine the bidding scope of investment and construction projects, design bidding plans, prepare bidding plans, and formulate The contract management model (project construction method) divides contract packages or bid sections, formulates the bidding method for each contract package, and arranges the bidding sequence. Urge the tenderer to handle the tender approval or tender content change approval procedures in a timely manner.
When designing the bidding plan and formulating the contract management model, it should be noted that except for the construction of special professional projects in key parts or the installation of special equipment and equipment, sub-projects generally cannot be set as one contract. Package or bid section; a minimum contract package or bid section is both a unit project; for process-oriented industrial investment and construction projects, in order to improve project quality, shorten construction time, and expand investment benefits, it is recommended to use general engineering contracting for construction method (there is only one design-build general contract contract for a construction project).
In accordance with the relevant laws and regulations on bidding, the tenderer shall submit the bidding documents to the industrial government department where the project is located before the bidding documents prepared according to the bidding approval are released (including clarification or modification of the bidding documents). File construction bidding documents. The bidding agency shall assist the bidder to register with the bidding and bidding management agency of the industrial government department where the project is located with the bidding plan approval procedures, the entrusted bidding agency agreement, and the preliminary draft of the construction bidding documents prepared, and obtain the bidding filing registration number. The bidding agent should prominently write the name of the bidding plan approval document and the registration number of the construction bidding document into the final draft of the construction bidding document.
2. Legal time limits and key working hours should be clearly written in construction bidding documents
In compliance with relevant laws and regulations on bidding, the legal time limits for construction bidding include the following:
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⑴. The bidding documents or pre-qualification documents will be released for no less than five working days;
⑵. The minimum bid deadline or the minimum bid opening time shall be no less than 20 days;
⑶. The deadline for the tenderer to clarify or modify the bidding documents is at least fifteen days before the bidding deadline;
⑷. The validity period of the bid deposit should exceed the bid validity period by thirty days;
⑸. The tenderer shall determine the winning bidder (tender) at the latest thirty working days before the end of the bid validity period;
⑹. Submit it to the bidding and bidding activity supervision department of the industry to which the project belongs at the latest. The written report on the bidding status (recording of construction bidding status) shall not be later than fifteen days from the date when the winning bidder is determined (the bid is finalized);
⑺. The latest time for concluding a construction contract shall not be later than the date from which the notice of winning the bid is issued. Thirty days after the date;
⑻. The latest time for returning the bid deposit to the winning bidder and the unsuccessful bidder shall not be more than five working days from the date of signing the construction contract.
Based on the above statutory time limits and the construction bidding and bidding management methods for various industrial projects, it can be deduced that the following key working hours for construction bidding activities are:
① The final draft of the construction bidding document will be prepared at least before the deadline for bidding Twenty days before the time;
② Organize potential bidders to visit the site for no less than the deadline for the tenderer to clarify or modify the bidding documents (sixteen calendar days before the bidding deadline);
③The deadline for the bidder to request clarification of the bidding documents shall not be less than the time of the pre-bid meeting (if any) or the deadline for the tenderer to clarify or modify the bidding documents (sixteen calendar days before the bid deadline) ;
④The bid preparatory meeting shall be held not less than the deadline for the bidder to clarify or modify the bidding documents (sixteen calendar days before the bid deadline);
⑤The bidder The time to confirm receipt of the clarification or modification of the bidding documents shall be the day when the clarification or modification of the bidding documents is issued;
⑥The minimum validity period of the bid shall not be less than sixty calendar days;
⑦For For housing construction and municipal infrastructure project bidding projects, if the bidder sets a maximum price limit for the bid quotation (bid price), the bid price shall be announced three calendar days before the bidding deadline;
⑧For For bidding projects of housing construction and municipal infrastructure projects, the successful bidders of the public bidding shall be announced on the same website where the project bidding announcement is released and in the construction project trading center, and the publicity time shall be no less than two working days;
⑨ If the bidding and bidding activity supervision department of the industry to which the project belongs has reviewed the written report on bidding and bidding (recording report on construction bidding) and confirmed that there is no illegal behavior in the construction bidding and bidding activities of this project, the tenderer shall issue a written report to the winning bidder within the specified time. The bid winning notice will be sent to the unsuccessful bidder;
⑩For housing construction and municipal infrastructure project bidding projects, the construction administrative department shall receive the written report on the bidding status from the date of receipt of the bidding report. If the tenderer is not notified of any illegal behavior during the bidding activities within 5 days, a bid winning notice may be issued to the successful bidder, and a non-winning notice may be sent to the unsuccessful bidder.
3. Comprehensive design of construction bidder qualifications
In order to establish the use value of investment and construction projects in a timely manner and ensure that investment and construction projects obtain maximum investment benefits; investment and construction project owners must pass the construction The orderly competitive procurement method of bidding is not only to select a contractor that matches the project scale and construction technology, but more importantly, to find the best partner who can share construction responsibilities and risks and share the results of investment and construction projects. Therefore, the design and construction bidder qualifications have become the key to achieving the results of construction bidding and ensuring the smooth implementation of investment and construction projects. If the designed qualifications for construction bidders are too high, there will be fewer bidders who can meet the requirements for the bidding project, resulting in less intense competition and more likely to lead to bid-rigging and collusion.
If the design qualifications for construction bidders are too low, there will be more construction companies participating in the bidding, which will not only increase the workload of bidders such as bid evaluation, waste the energy of bidders and bid evaluation experts and other social resources (wasting people and money), but also prone to accidents. "Malicious complaints" will cause the tenderer's credit reputation to decline, and fewer construction companies will participate in the next bid. What's more serious is that many good and bad bidders have different costs due to their own business costs, resulting in huge disparities in bidding quotations, resulting in the tenderer being unable to achieve the goal. Through bidding, we select the best contractor that matches the project scale and advanced technology and shares the construction risks with the bidder.
The author believes that the number of potential bidders mainly depends on the credit reputation of the bidder, the concentration of the construction industry, the contract management model and the design of construction bidder qualifications; the design of suitable construction bidder qualifications It should be ensured that there are 5 to 7 (maximum 9) bidders participating in the bidding; the qualification conditions for construction bidders can be composed of five qualification conditions, including legal basic conditions, legal restrictions, legal construction qualifications, project performance capabilities and credit reputation.
1. Legal basic conditions for construction bidder qualifications
Construction bidders must be legal persons or other organizations with the rights and obligations to independently conclude contracts and perform contracts (with a business license and The legal person code certificate shall prevail).
Every member participating in the bidding consortium as a bidder must be a legal person or other organization.
2. Legal restrictions on the qualifications of construction bidders
Affiliates of the tenderer suspected of violating the principles of fair and impartial bidding, and legal persons that have an interest relationship (mutual shareholding relationship, etc.) with the tenderer and its affiliates, legal persons or other organizations that provide engineering consulting or design or supervision or bidding agency or project construction services for bidding projects, and consultants, designers, supervisors, project construction agents and bidding agents of bidding projects Legal persons or other organizations that are the same legal representative or hold shares in each other or that the project leader and the main technical personnel hold mutual positions are not allowed to participate in the bidding.
Two or more legal persons or other organizations whose legal representatives are the same person, two or more legal persons or other organizations that have a mutual shareholding relationship, and other legal persons or other organizations suspected of bid-rigging or collusion in bids Organizations are not allowed to bid. Members of the consortium may not bid individually, nor may they form a new consortium or participate in other consortium bids.
Legal persons or other organizations that have the following behaviors are also not allowed to participate in the bidding:
① Plan to transfer all or part of the winning project, or illegally transfer part of the main body or key work of the winning project Subcontracting at various levels;
② Obtaining bids by illegal means such as bribery;
③ Obtaining bids by cheating and other improper means;
④ Obtaining qualifications by affiliation or a highly qualified unit and bid in its name (bid in the name of others);
⑤ Obtain qualification certificates from other units through transfer or lease;
⑥ Plan to be responsible for construction site projects The person in charge, the technical person in charge and the main full-time management personnel are not employees of the unit.
3. Legal construction qualifications of construction bidders
The state implements qualification access and safety production licensing systems for construction industry enterprises, one of the main players in the construction market. All enterprises engaged in the construction of civil construction and equipment installation projects must apply for construction enterprise qualifications and apply for safety production licenses from the construction administrative departments at all levels. Enterprises that have obtained the construction general contracting qualification certificate can undertake construction general contracting projects of the corresponding level within the scope of the qualification license and various professional contracting projects within the scope of the general contracting qualification; enterprises that have obtained the professional contracting qualification can undertake the professional subcontracting of the construction general contracting enterprise. Professional projects contracted by engineering and construction units in accordance with the law. Enterprise qualification certificates and production safety licenses issued by construction administrative departments at all levels in accordance with the law are valid nationwide.
Based on the construction content, scope and scale of the bidding project determined in the approved bidding plan, each construction general contractor formulated in accordance with the "Special Qualification Standards for Construction General Contracting Enterprises" and the "Quality Level Standards for Construction Industry Enterprises" The construction license scope can be designed to determine the legal construction qualifications of the construction bidder based on the qualification level of the professional contracting enterprise.
For construction general contracting projects, in addition to requiring general contracting bidders to have the qualification level of construction general contracting enterprises and a valid production safety license corresponding to the bidding project, it should also be clearly required to formulate a division of non-main structure and non-critical work. The contractor also has the professional contracting enterprise qualification level and a valid production safety license corresponding to the project to be undertaken.
In addition, according to the "Special Equipment Safety Supervision Regulations" (State Council Order No. 549), for installation projects of special equipment and pressure pipeline components, in addition to requiring construction bidders to have electromechanical installation engineering construction corresponding to the bidding project In addition to the qualification levels and valid production safety licenses of general contracting or professional contracting enterprises such as mechanical and electrical equipment, elevators, hoisting equipment, and pipeline engineering, they should also be clearly required to obtain a license from the special equipment safety supervision and management department.
What needs to be noted here is that in accordance with the principles of fair and impartial bidding, construction bidding documents shall not include requirements for qualification levels that are higher than those required by the actual conditions of the bidding project or requirements for construction qualifications that are higher than the legal requirements. Discriminatory qualification requirements are set based on the amount of registered capital; for consortium bidders, each member of the consortium should have the corresponding legal construction qualifications and a valid production safety license for the construction content undertaken; it is composed of the same professional legal person or other organization For a consortium, the qualification level of the consortium shall be determined according to the member with a lower qualification level; subcontractors of construction general contracting projects shall not limit or designate specific patents, trademarks, names, designs, origins or production suppliers. If they must be cited When the technical standards of a certain production supplier can accurately or clearly describe the technical standards of the project to be subcontracted, the words "or equivalent to" should be added after the reference; and there should be no threats or hints that the bidder will Words and phrases for subcontracting part of the project to the project's region, system contractors, and suppliers.
4. Qualifications for construction bidders' project performance capabilities
The qualifications for construction bidders' project performance capabilities (human, material and financial resources) should be set based on the specific characteristics and actual needs of the bidding project. Among them, the human resources performance qualifications mainly include the professional quality requirements for the project leaders (project managers), technical leaders and key position full-time managers and key construction position technical workers to be sent by the bidder to the construction site. The material resources performance qualifications refer to the The bidder intends to invest in on-site construction equipment and quality testing equipment. The financial performance qualification refers to the requirement that the bidder intends to provide working capital for the construction site.
Practice shows that the operational efficiency of the contractor’s on-site construction quality and safety assurance management system (the management team headed by the project manager) determines the success or failure of the bidding project construction. The project manager and each member of his management team’s personal academic quality (cognitive ability), technical level, management ability (decision-making, organization, command and adaptability) and work experience determine the efficiency of the contractor in fulfilling contract obligations; key construction positions The professional quality of technical workers (education level, job experience, etc.) directly affects the quality of contracted projects. Therefore, restrictions should be set on the professional qualities of the project managers, technical leaders, full-time management personnel in key positions and technical workers in key construction positions that the bidder intends to send to the construction site.
The basic conditions for the professional quality of project managers are: they must have registered construction engineers and professional technical title certificates that are consistent with the construction content and scale of the bidding project, and obtain a safety production assessment certificate; and the bidder must Proof of legal labor and personnel relations (subject to labor contract and social pension insurance payment certificate); similar project performance (subject to contract contract and unit project quality completion acceptance record sheet);
Technical Responsible The basic conditions for the professional quality of people and full-time managers in key positions are: professional and technical title certificates of majors and levels that are consistent with the construction content and scale of the bidding project; proof of legal labor relations with the bidder; similar project performance (the technical person in charge is named The contract and construction organization design or construction plan review form shall prevail); the full-time safety administrator must obtain a safety production assessment certificate.
Skilled workers (including electricians, erecting workers, etc.) in key construction positions such as vertical transportation machinery operators, installation and disassembly workers, blasting workers, lifting signal workers, and erection workers must enter into labor contracts with the bidders. To sign a contract, you must undergo safety operation training from the construction authority and obtain a qualification certificate for special operation positions.
Based on the construction technology of the bidding project and ensuring the realization of project construction quality, progress, investment benefits and other goals, as well as meeting the functional needs of safety, environmental protection, energy saving, efficiency and other functions, the main or special construction equipment and quality testing equipment can be Set specific requirements. For example, the self-purchased or leased safety protection equipment, mechanical equipment, construction tools and accessories that the construction bidder intends to put into the construction site must have a production license and product certificate. Construction hoisting machinery must have safety performance testing certification documents and safety technical files issued by an inspection and testing agency approved by the special equipment safety supervision and management department. Have the instruments and equipment required to carry out on-site physical and mechanical performance testing of the main structure engineering quality; among them, the use of measuring instruments subject to compulsory verification must have valid metrological verification certificate documents issued by a specialized inspection and testing agency.
In order to ensure that the wages of personnel dispatched to the construction site are paid on time and in full and that the construction materials and components are purchased, the construction bidder may be required to use the working capital for the construction site to be no less than the bidding price of this bidding project or A certain proportion of the bank's credit line will be allocated to the bid price (subject to the bank's credit certificate issued by the bidder).