Construction projects, especially large-scale projects, are usually directly related to the national economy and people's livelihood and the safety of people's lives and property. In order to achieve the goal of low cost and high quality, the state has formulated the bidding law and related supporting laws and regulations, and made specific provisions on bidding items and procedures. Let's take a look at the specific process of bidding for construction projects:
First, the concept and types of construction project bidding
Bidding for construction projects refers to the behavior that the employer unilaterally expounds his own bidding conditions and specific requirements, sends invitations to most contractors such as specific or unspecified exploration units, design units and construction units, and the invitee sends invitations to the employer, and then the employer selects the best transaction object and makes a commitment.
According to the invitation method and whether the invitee is specific, it can be divided into: open bidding and invitation bidding.
Public bidding refers to the bidding behavior in which the tenderer invites unspecified legal persons or other organizations to bid by means of tender announcement.
Invitation to bid refers to the bidding behavior in which a tenderer invites a specific legal person or other organization to bid in the form of an invitation to bid. In this way, the bidder shall issue an invitation to bid to more than three specific legal persons or other organizations that have the ability to undertake the project subject to tender and have good credit standing.
Second, how to determine the scope of the project subject to tender
(a) the scope of the project that must be subject to tender
According to Article 3 of China's Bidding Law, "large-scale infrastructure, public utilities and other projects related to social interests and public safety", "projects invested or financed by state-owned funds in whole or in part", "projects with loans and aid funds from international organizations or foreign governments" and important equipment and materials related to engineering construction are surveyed, designed, constructed and supervised in China. The Standard Provisions on the Scope and Scale of Bidding for Construction Projects stipulates that:
1. Infrastructure projects related to social interests and public safety include: (1) energy projects such as coal, oil, natural gas, electricity and new energy; (2) Railway, highway, pipeline, water transport, aviation and other transportation projects; (3) Posts and telecommunications projects such as postal services, telecommunications hubs, communication and information networks; (four) flood control, irrigation, drainage, water diversion (supply), beach management, soil and water conservation, water conservancy projects and other water conservancy projects; (five) urban facilities such as roads, bridges, subways and light rail transportation, sewage discharge and treatment, garbage disposal, underground pipelines, public parking lots, etc.; (6) Ecological environment protection projects; (seven) other infrastructure projects.
2. The scope of public utility projects related to social interests and public safety includes: (1) municipal engineering projects such as water supply, power supply, gas supply and heating; (2) Science and technology, education, culture and other projects; (3) sports, tourism and other projects; (4) Health and social welfare projects; (five) commercial housing, including affordable housing; (6) Other public utility projects.
3. The scope of investment projects using state-owned funds includes: (1) projects using financial budget funds at all levels; (2) the use of various special government construction funds included in financial management projects; (3) the use of state-owned enterprises and institutions' own funds, and the state-owned assets investors actually control the project.
4. The scope of state-funded projects includes: (1) projects that use state-issued bonds to raise funds; (2) Projects using foreign loans or guarantee funds from the State; (three) the use of national policy loans; (4)
Projects invested by investors authorized by the state; (5) Financing projects chartered by the state.
5. The scope of projects using funds from international organizations or foreign governments includes: (1) projects using loan funds from international organizations such as the World Bank and the Asian Development Bank; (2) Projects using loan funds from foreign governments and their institutions; (3) Projects that use aid funds from international organizations or foreign governments.
The engineering construction projects mentioned in the preceding paragraph, including survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to tender if they meet one of the following standards: (1) The estimated price of a single construction contract is more than 2 million yuan; (2) The estimated price of a single contract for the procurement of important equipment, materials and other goods is more than 6,543,800 yuan; (three) the estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 500,000 yuan; (4) The estimated price of a single contract is lower than the standards specified in items (1), (2) and (3). However, the total investment of the project exceeds 30 million yuan.
Among them, (1) If all the projects that must be subject to tender according to law are invested by state-owned funds or state-owned funds occupy a controlling or leading position, public bidding shall be conducted. (2) If the national key projects determined by the development planning department of the State Council and the local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are not suitable for public bidding, they may be invited to bid with the approval of the development planning department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
(two) the scope of the project can not be invited to tender
In the survey and design of construction projects, if a specific patent or proprietary technology is adopted, or there are special requirements for its architectural artistic modeling, the bidding may not be conducted with the approval of the competent department of the project.
Third, the principles to be followed in bidding
Bidding activities should follow the principles of openness, fairness, impartiality and good faith.
Fourth, issue a tender announcement.
1, when the tender announcement is issued. The tenderer shall determine the reasonable time required for the bidder to prepare the bid documents; However, the project that must be subject to tender according to law shall not be less than 20 days from the date when the tender documents are issued to the deadline when the bidders submit their tender documents.
2. Announcement release method. The tender announcement of a project subject to tender according to law shall be published through newspapers, information networks or other media designated by the state.
3. The contents of the announcement. The tender announcement shall specify the name and address of the tenderer, the nature and quantity of the project subject to tender, the place and time of implementation, the amount of performance bond, the payment and refund method, and the method of obtaining the tender documents.
Verb (abbreviation of verb) bid
1, the requirements for the bidder's subject qualification.
(1) The bidder shall have the ability to undertake the project subject to tender; If the relevant provisions of the state stipulate the qualifications of bidders or the bidding documents stipulate the qualifications of bidders, the bidders shall meet the prescribed qualifications.
(2) Two or more legal persons or other organizations may form a consortium to jointly bid as a bidder. However, all parties to the consortium should have the corresponding ability to undertake the bidding project; If the relevant provisions of the state or the tender documents stipulate the qualifications of bidders, all parties to the consortium shall have the corresponding qualifications. A consortium composed of units of the same major shall determine the qualification level according to the units with lower qualification level. The parties to the consortium shall be jointly and severally liable to the winning bidder.
2. Bidding time
The bidder shall deliver the bid documents to the bidding place before the deadline for submission of bid documents.
3. Bidding method
Bidders should be sealed or mailed to the bidding place in a unified format. If the winning bidder has special requirements for postal bidding, its provisions shall prevail.
4. Prohibition of sexual behavior
During the bidding process, the bidder (including the tenderee) shall not commit the following acts: (1) colluding in bidding. The tenderer colludes with the bidder or the bidder in bidding quotation; (2) Bidding, that is, the bidder seeks the bid by bidding back to the tenderer or members of the bid evaluation committee; (3) Bidding below the cost price; (4) Cheating bids, that is, bidding in the name of others or defrauding bids by other means.
Intransitive verbs for bid opening and evaluation
1, the composition of the bid evaluation committee
(1) Composition of the Bid Evaluation Committee
For a project subject to tender according to law, the bid evaluation committee shall be composed of representatives of the tenderee and relevant technical and economic experts, with an odd number of more than five members, of which the technical and economic experts shall not be less than two thirds of the total number of members.
(2) the way judges are produced.
Determined by the tenderer from the roster of experts provided by the relevant departments of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the list of experts in related disciplines in the expert database of bidding agencies; General bidding projects can be randomly selected, and special bidding projects can be directly determined by the tenderer.
2. Time and place of bid opening
The bid opening time shall be held in public at the same time as the deadline for submission of bid documents determined in the tender documents.
The place of bid opening shall be the place predetermined in the tender documents.
3. Evaluation criteria
The bid evaluation shall be the responsibility of the bid evaluation committee established by the tenderer according to law. The bid of the winning bidder shall meet one of the following conditions: (1) It can meet all the comprehensive evaluation criteria specified in the tender documents to the maximum extent; (two) to meet the substantive requirements of the tender documents, and the evaluated bid price is the lowest; Only the bid price is lower than the cost. If the above conditions are not met or there are fewer than three bidders, the tenderee shall re-invite bids according to law.
Seven, issued a letter of acceptance, signed a written contract.
1. After the winning bidder is determined, the tenderee shall issue a letter of acceptance to the winning bidder and notify all bidders who have not won the bid.
2. The tenderer and the winning bidder shall conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder within 30 days from the date of issuance of the bid-winning notice.
Eight, report for the record
For a project subject to tender according to law, the tenderer shall submit a written report on the tender to the relevant administrative supervision department within fifteen days from the date of determining the winning bidder.
Nine, the bid is invalid.
In case of any of the following circumstances in the bidding process, the bid winning result is invalid:
1, after the bid-winning notice is issued, the tenderer changes the bid-winning result;
2. The procuratorial agency violates the confidentiality obligation or the tenderee and bidder collude to harm the national interests, social interests or the legitimate rights and interests of others;
3. The tenderer has the act of disclosing information that should be kept confidential;
4. Bidders collude with each other or bid in collusion with the tenderee;
5, resort to deceit, cheat the bid;
6. The substantive content of the negotiation is illegal;
7. If the winning bidder is not determined by the winning candidate, after all bids are rejected by the bid evaluation committee, the project subject to tender according to law shall determine the winning bidder by itself.
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