Several problems that should be paid attention to in the implementation of agency by bidding agency for construction projects.
At present, bidding agencies in various provinces, cities and counties usually implement two brands, construction project cost consultation and construction project bidding agency service. Construction project budget is a strong point, but the project bidding agency service is relatively unfamiliar. Therefore, in the process of agency implementation, we must master the following procedures and relevant laws and regulations:
A, familiar with the construction project development and construction process, its main contents:
Once a bidding agency signs an agency contract with the construction unit, it has the obligation to guide the construction unit to handle it according to the construction project process. Familiar with the process, you can also follow the above process alternately. For example, when the owner handles the construction project planning permit, the bidding agency can prepare the bill of quantities and bidding documents according to the drawings. For another example, during the bidding process, the bidding agency can guide the owner to receive and fill in the quality supervision form, construction permit approval form, etc. , can reduce processing time and improve efficiency.
Second, master the whole bidding procedure:
1, bidding preparation:
(1) After signing the project bidding agency contract with the construction unit, the bidding agency must first check two basic conditions necessary for the construction unit to bid for the project. (1) The project subject to tender needs to go through the project examination and approval procedures in accordance with relevant state regulations, and has been approved. (2) The construction unit (i.e. the tenderee) shall have the corresponding funds or sources of funds for the project subject to tender. Confirm and refine the bidding scheme of project bidding. Set up a bidding working group and make a bidding work plan. To help the construction unit to apply for the construction of a construction project, it is necessary to go to the administrative department for the record (project approval; License for investment direction of fixed assets; Construction project planning permit; Proof of project construction funds; Geological survey report; Construction drawings, etc. ).
(2) Prepare and submit the bidding prequalification documents.
(3) Editing of bill of quantities or pre-tender estimate.
(4) Formulation of the project contract.
(5) Editing and drafting of tender documents.
2, release the construction project bidding information and announcements and other media.
3, prequalification (review the qualifications of bidders, qualifications).
4. Purchase and sales of bidding documents and materials.
5, bidding question and answer session (bidding preparatory meeting, visit the site).
6. The bidder shall prepare a letter of tender.
7. Bidding → bid opening → bid evaluation → calibration.
8. Send an acceptance letter.
9. Sign a construction contract.
10, submit information for filing.
When handling the above procedures, the tendering agency should also guide the construction unit in which link to provide what information for the record. For example, when a project is submitted for construction, the owner should be reminded to prepare the project approval document, project construction fund certificate, construction project planning permit, project investment direction permit, geological survey report and project construction drawing. So that the owner can complete the formalities in an orderly manner in the shortest time.
Three, familiar with the use of local bid evaluation methods and norms.
Flexible use of bid evaluation methods according to laws and regulations. At present, according to the characteristics of different projects in the region, there are the following bid evaluation methods.
1, comprehensive evaluation method (also known as pre-tender estimate method)
It is suitable for bid evaluation activities of large-scale and technically complex engineering construction bidding. Its characteristic is to rely on the concentrated efforts of expert judges to conduct collective checks and select the winning bidder. The bid evaluation items are divided into project quotation, construction period, construction organization design, enterprise quality and reputation * * *, and the score is 50: 10: 10: 20. The evaluation is refined by analysis, and each index is scored by a scoring table. Fill in the bid evaluation report and summarize the scores and results of each bidder.
2. Bill of Quantities Method
It is a new measure to adapt to the new situation of China's entry into WTO and make the bidding and bid evaluation of construction projects more market-oriented, and it is also a widely used bid evaluation method in various places. It is characterized by responding to the (GB50500-2003) construction project bill of quantities valuation standard, the tenderer provides the standardized bill of quantities to the bidder, and the bidder prepares the commercial bidding quotation according to its own strength, so as to achieve the purpose of market determining the price. Suitable for housing construction, installation, municipal, garden and other projects; Large and medium-sized projects wholly or mainly invested by state-owned funds, etc. The bid evaluation method adopts the percentage scoring method, and the scoring value consists of technical bid, business bid and enterprise reputation (with the project manager's reputation as the main weight), with the value of 20: 60: 20. The calculation method is as follows:
(1) technical bid 100 (20%): mainly the responsiveness of the tenderer to the requirements in the tender documents; Plan the construction period and quality objectives; Composition of enterprise project manager team; Labor force planning, project schedule guarantee; Quality assurance of building materials; Safety, environmental protection and civilized measures on the construction site; A series of technical organization measures such as mechanical organization and investment.
(2) Commercial quotation 100 (60%) refers to the quotation made by the bidder according to the bill of quantities in the tender documents. (1) Comprehensive unit price analysis quotation of bill of quantities of partial projects, that is, comprehensive unit price = labor cost, material cost, machinery use fee and management fee profit. (2) Sporadic project quotation. (3) the unit project cost summary table. (4) List quotation of measures and projects. (5) List quotation of other projects. ⑥ Total project price. ⑦ Total bid price. 8 others and so on.
(3) Bidder's reputation 100 (20%): it mainly refers to the bidder's qualification, performance in recent years, especially the reputation, qualification, seniority and performance of the project manager of the proposed project, whether there is a special award certificate, whether there has been a safety accident, etc.
The final score of the bidder = technical bid score ×20%+ commercial bid score ×60%+ credit performance score ×20%.
3. Bid winning rate and bid evaluation method:
It is suitable for projects where the engineering quantity cannot be calculated temporarily and the owner has special requirements on the bidding time. Its characteristic is that the determination of project cost is postponed from the bidding stage to the final settlement stage. Speeding up the bidding stage and reducing human factors are not conducive to cost control. Its score consists of four parts: profit coefficient, construction period, quality and enterprise reputation, and the score ratio is 70: 5: 5: 20. The calculation method is as follows:
(1) The bidder shall quote the profit factor, construction period, quality target, enterprise reputation and project manager's performance of the total cost according to the requirements of the bidding documents and its own strength.
(2) When opening bids: the representative of the tenderee draws lots to generate two profit-making coefficients within the profit-making coefficient range of the total cost, and calculates the average value.
(3) The bidder's representative draws lots to generate the profit-making coefficient within the scope of the total cost profit-making coefficient (the bidder's representative shall be determined by the tenderer).
(4) The profit-making coefficient extracted by the tenderee and the bidder's representative is arithmetically averaged to calculate the benchmark profit-making coefficient (hereinafter referred to as the pre-tender estimate).
(5) Calculate the commercial bid score of each bidder according to the pre-tender estimate, that is, the bidder with the same profit coefficient as the pre-tender estimate will get 100 points, and each increase of 0. 1% over the pre-tender estimate will be deducted 1 point, and each decrease of 0. 1% over the pre-tender estimate will be deducted 2 points.
(6) If the construction period and quality meet the requirements of the bidding documents, score 100.
(7) Social reputation and performance (100), of which corporate reputation accounts for 40% and project manager reputation accounts for 60%. Final score of the bidder = profit coefficient of total cost ×70%+ time limit for a project ×5%+ quality score ×5%+ enterprise reputation score ×20%. The highest score is the proposed winning bidder.
Among the above bid evaluation methods, the bid evaluation without base price is the most widely used bid evaluation method at present, and its basis is the Method for Unified Compilation and Valuation of Construction Engineering Bill of Quantities, which is formulated according to the Bidding Law of People's Republic of China (PRC) and the Order of the Ministry of Construction 107. Therefore, considering the actual factors of the construction project, there are few problems left over from settlement, and the project cost can be effectively controlled.
Four, pays special attention to the construction project construction contract signing:
At present, our province uses GF- 1999-020 1 Construction Contract (model text) to unify the construction of construction projects and define and stipulate the terms of the contractors. Bidding agencies should be familiar with the contract terms and use them flexibly, and several legal issues that should be paid special attention to in the bidding process of construction projects:
1. The purpose of bidding for construction projects is to standardize bidding activities, protect national interests, social interests and the legitimate rights and interests of bidding parties, improve economic benefits and ensure the quality of construction projects. Both parties to the tender must strictly abide by the legal system related to the construction project and shall not violate the mandatory provisions. There are 18 mandatory provisions in the Bidding Law, among which 6 provisions stipulate that winning the bid is invalid. Article 50 Where a tenderer discloses the bidding situation or pre-tender estimate, Article 53 Where a bidder colludes or pays bribes, Article 54 Where a bidder cheats to win the bid; Article 55 A tenderer shall conduct substantive negotiations with bidders before determining the winning bidder; Article 57 A tenderer determines the winning bidder illegally. Another example is the fifth paragraph of Article 52 of the Contract Law, which stipulates that "a contract is invalid if it violates the mandatory provisions of laws and administrative regulations". Therefore, the bidding agency should pay special attention to the mandatory provisions in the process of bidding agency.
2, the construction project contract is the contractor to implement the project construction, the developer to pay the price of the contract. Project quality and price are the main contents of determining the relationship between rights and obligations and determining the contract in bidding activities.
3. Openness, fairness, impartiality, honesty and credibility, compulsory bidding for specific projects and accepting administrative supervision according to law are the basic principles that must be observed in the bidding activities of construction projects.
4. The contradiction between the tenderee's reducing the investment cost and the bidder's winning the bid at no less than the cost and the countermeasures. It is particularly important for the tendering agency not only to control the construction investment and save the construction funds for the tenderee, but also to consider the bidder winning the bid at a price not lower than the cost, coordinate the interests of both parties, and grasp this fair measure according to law.
5. The tender documents and contracts should specify the choice of three different pricing methods: fixed price, adjustable price and cost plus remuneration. The qualified quality stipulated in the contract is the premise of payment and other fundamental problems, which should be paid attention to in the operation of bidding agency.
6. The project quality is the focus of legal adjustment, and the methods and responsibilities for ensuring the project quality to reach the standard and the project acceptance by the construction unit need to be clarified in the bidding process; The role of legal provisions and matters needing attention in the implementation of the construction project can be delivered only after it has passed the acceptance.
7, different parts of the project quality warranty, warranty period is different, in the bidding documents and contract signing should pay attention to the relevant legal issues.
8. To ensure the contracting qualification of the winning bidder and the legality of the contracting method, and not to subcontract the project in the performance process, it is necessary to set joint liability and guarantee method in the bidding process, and pay attention to the relevant provisions in the specific operation of the performance bond.
9, we should pay special attention to prevent the legal problems stipulated in the "Bidding Law" shall be ordered to correct or re tender.
10, bidding is to sign a formal and legal contract, and clarify the role in bidding and signing operations and the operational problems that should be paid attention to.
Five, the bidding agency tracking service.
A procuratorial agency shall sign a contract from the date of commencement of the project subject to tender until the proposed winning bidder is determined. At this time, the bidding agency activity is over. However, if the contract is deficient, inconsistent with laws and regulations, or revised, which involves conflict with the bidding documents, it should be revised in time, which requires the bidding agency to follow up the service, make a good settlement for the construction projects of the tenderee and the winning bidder, and lay a good foundation to avoid unnecessary disputes.
In a word, it is urgent for our bidding agency to master the relevant laws, regulations and bidding procedures, so as to make the bidding market of construction projects open, fair, just and honest, increase transparency, and be more specific and standardized.
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