First of all, it is necessary to examine whether the construction project requires bidding
According to the provisions of Article 3 of the "Tendering and Bidding Law", when a lawyer provides legal services for construction project bidding, he should first ascertain the identity of the client. Whether the project falls within the scope of public bidding and provide targeted legal services accordingly.
According to the provisions of the "Tendering and Bidding Law" and the "Regulations on the Scope and Scale Standards of Bidding for Engineering Construction Projects" of the State Planning Commission, (1) large-scale infrastructure, public utilities, etc. are related to the interests of the public, Public safety projects; (2) Projects that use state-owned capital investment or state financing in whole or in part; (3) Projects that use loans or aid funds from international organizations or foreign governments. Among the above-mentioned projects, including project survey, design, construction, supervision and the procurement of important equipment and materials related to project construction, if one of the following standards is met, bidding must be conducted:
① Single construction contract The estimated price is more than RMB 2 million;
② For the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than RMB 1 million;
③ Survey and design , supervision and other services, the estimated price of a single contract 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, but the total project investment is within Above RMB 30 million.
At the same time, according to the "Regulations on the Scope and Scale Standards of Bidding for Engineering Construction Projects" (State Planning Commission Order No. 3), the scope of infrastructure projects related to social public interests and public safety includes:
① Energy projects such as coal, oil, natural gas, electricity, and new energy;
② Transportation projects such as railways, highways, pipelines, water transportation, aviation, and other transportation industries; < /p>
③ Postal and telecommunications projects such as postal services, telecommunications hubs, communications, and information networks;
④ Flood control, irrigation, drainage, water diversion (supply), tidal flat management, soil and water conservation, water conservancy hubs, etc. Water conservancy projects;
⑤ Urban facilities projects such as roads, bridges, subway and light rail transportation, sewage discharge and treatment, garbage disposal, underground pipelines, public parking lots;
⑥ Ecological environment protection projects;
⑦ Other infrastructure projects.
The scope of public utility projects related to public 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, social welfare and other projects;
⑤ Commercial housing, including affordable housing;
⑥ Other public utility projects.
The scope of investment projects using state-owned funds includes:
① Projects using fiscal budget funds at all levels;
② Using various government-funded projects that are included in financial management Projects of special construction funds;
③ Projects that use the own funds of state-owned enterprises and institutions and for which state-owned asset investors actually have control.
The scope of state financing projects includes:
① Projects that use funds raised by state bonds;
② Projects that use funds raised by state external loans or guarantees Projects;
③ Projects using national policy loans;
④ Projects financed by state-authorized investment entities;
⑤ Financing projects chartered by the state.
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 using aid funds from international organizations or foreign governments.
Secondly, clarify the projects that are not subject to construction bidding
It should be noted that according to the National Planning Commission's "Regulations on the Scope and Scale of Bidding for Engineering Construction Projects" and "Construction Bidding for Engineering Construction Projects" "Bidding Measures" and "Measures for the Administration of Tendering and Bidding in the Process of Housing Construction and Municipal Infrastructure" stipulate that construction bidding may not be conducted under any of the following circumstances:
(1) Involving national security, state secrets or Emergency rescue and disaster relief that are not suitable for bidding;
(2) The use of poverty alleviation funds to implement work-relief requires the use of migrant workers;
(3) The main construction technology uses specific patents or proprietary technology;
(4) Projects built by the construction enterprise for its own use, and the qualification level of the construction enterprise meets the project requirements;
(5) Additional projects under construction For small-scale auxiliary projects or main floor-adding projects, the original winning bidder still has the ability to contract; and the contractor has not changed;
(6) Unit projects that have been resumed after construction has been suspended or postponed, and the contractor The person has not changed;
(7) If the survey and design of the construction project adopt specific patents or proprietary technologies, or if there are special requirements for its architectural artistic modeling, it must be approved by the project competent department; < /p>
(8) Other situations stipulated in laws and administrative regulations.
Third, grasp the conditions for project bidding
According to relevant regulations, project bidding must meet the following conditions:
(1) The tenderer has been established in accordance with the law;
(2) If project approval procedures are required in accordance with relevant national regulations, the approval procedures have been completed;
(3) Project funds or funding sources have been secured;
(4) When bidding for construction, there should be design documents and other technical information that meet the needs;
(5) Other conditions stipulated by laws, regulations, and rules.
Fourth, grasp the self-tendering and entrusted bidding
According to legal provisions, if the tenderer has the ability to prepare tender documents and organize bid evaluation, it can handle tendering matters on its own. No unit or individual may be forced to entrust a bidding agency to handle bidding matters. For projects that require bidding according to law, if the tenderer handles the bidding matters on his own, he shall file a record with the relevant administrative supervision department.
If the bidder does not have the ability to prepare bidding documents and organize bid evaluation, the bidding agency for engineering construction projects shall entrust a bidding agency with corresponding qualifications to conduct bidding.
Fifth, clarify the bidding agency and its qualifications and authority
A bidding agency is a social intermediary organization established in accordance with the law, engaged in bidding agency business and providing related services. The qualifications of engineering bidding agencies are divided into two levels: A and B. According to legal provisions, engineering bidding agencies can undertake engineering bidding agency business across provinces, autonomous regions, and municipalities directly under the Central Government. However, Class B project bidding agencies can only undertake project bidding agency business with a project investment of less than 30 million yuan (excluding land acquisition fees, major municipal supporting fees and demolition compensation fees).
Sixth, carry out public bidding and invitational bidding
Bidding methods can be divided into public bidding and invitational bidding. Public bidding means that the bidder invites unspecified legal persons or other organizations to bid in the form of a bidding announcement; invitation bidding means that the bidder invites specific legal persons or other organizations to bid in the form of a bid invitation letter.
In engineering construction projects that are subject to bidding according to law, if one of the following circumstances occurs, bidding may be invited upon approval. Invitation to bid for national key construction projects shall be approved by the development planning department of the State Council; local key construction projects The invitation to bid must be approved by the people's government of each province, autonomous region, or municipality directly under the Central Government. Invitation bidding for engineering construction projects that are fully invested with state-owned funds or in which state-owned funds hold a controlling or dominant position and require approval shall be approved by the project approval department. However, if the project approval department only approves project establishment, it shall be approved by the relevant administrative supervision department.
(1) The project is technically complex or has special requirements, and there are only a few potential bidders to choose from;
(2) It is restricted by the natural geographical environment;
(3) The design of national security, state secrets or emergency rescue and disaster relief is suitable for bidding but not suitable for public bidding;
(4) The cost of the proposed public bidding is not worth it compared with the value of the project
(5) Laws and regulations prohibit public bidding.
It should be noted that if the tenderer uses public bidding, it shall issue a bidding announcement through state-designated newspapers, information networks or other media. If the tenderer adopts the invitation bidding method, it shall issue invitations to bid to three or more specific legal persons or other organizations that have the ability to undertake bidding projects and have good credit standing.
The bidding announcement or bidding invitation shall specify the name and address of the bidder, the nature, quantity, implementation location and time of the bidding items, the method of obtaining bidding documents, and other matters.
Seventh, the tenderer shall strictly pre-qualify bid applicants
The tenderer may pre-qualify bid applicants based on the needs of the bidding project, or may entrust a project bidding agent The agency conducts pre-qualification review of bid applicants. For bidding projects subject to prequalification, the tenderer shall specify the conditions for prequalification and the method for obtaining prequalification documents in the bidding announcement or bidding invitation.
Pre-qualification documents should generally include the pre-qualification application format, instructions to applicants, as well as the company qualifications, performance, technical equipment, financial status and proposed project managers and key technical personnel that need to be provided by the bidding applicant. Resume, performance and other supporting materials.
After pre-qualification, the tenderer shall issue a pre-qualification notice to the pre-qualified bidders, informing them of the time, place and method of obtaining the bidding documents, and at the same time, notify the pre-qualified bidders of unqualified bidders. Applicants are notified of pre-qualification results.
When there are too many prequalified bidders, the tenderer may select no less than 7 prequalified bidders.
Eighth, prepare bidding documents
(1) The bidder for construction bidding shall prepare bidding documents by himself or by entrusting a project bidding agency according to the characteristics and needs of the bidding project. Special attention should be paid to the following contents:
① Bidding instructions, including project overview, bidding scope, qualification review conditions, project fund sources or implementation status (including fund certificates issued by banks), bid sections Division, construction period requirements, quality standards, on-site inspection and Q&A arrangements, bid document preparation, submission, modification, withdrawal requirements, bid quotation requirements, bid validity period, bid opening time and place, bid evaluation methods and standards, etc.;
② Technical requirements and design documents of the bidding project;
③ If the bill of quantities is used for bidding, the bill of quantities shall be provided;
④ The format and appendices of the bidding letter;
⑤ The main terms of the contract to be signed;
⑥ Other materials required to be submitted by the bidder.
It should be noted that for projects that require construction bidding according to law, the bidder shall submit the bidding documents to the construction administrative department of the local people's government at or above the county level where the project is located for record at the same time as the bidding documents are issued.
(2) Design bidding documents shall include the following contents:
① Project name, address, floor area, building area, etc.;
② Approved Project proposal or feasibility study report;
③ Project economic and technical requirements;
④ Planning control conditions and land redline map determined by the urban planning management department;
⑤ Engineering geology, hydrogeology, engineering survey and other construction site survey results reports for reference;
⑥ Basic information on water supply, power supply, gas supply, heating, environmental protection, municipal roads, etc.; < /p>
⑦ The time and place for answering questions about the bidding documents and visiting the site;
⑧ Requirements for preparation of bidding documents and principles for bid evaluation;
⑨ Deadline for delivery of bidding documents ;
⑩ The model text of the contract to be selected or the main terms of the contract to be signed;
Compensation measures for unsuccessful bidders.
Ninth, grasp the modification of bidding documents and the time limit for submission of bidding documents
The relevant regulations are: If the tenderer makes necessary clarifications or modifications to the bidding documents that have been issued, it shall At least 15 days before the deadline for submission of bid documents required by the bidding documents, all recipients of the bidding documents shall be notified in writing, and shall be reported to the construction administrative department of the local people's government at or above the county level where the project is located for the record. The clarification or modification shall be an integral part of the bidding documents.
The tenderer shall determine the reasonable time required by the bidder to prepare the bidding documents. For projects that require bidding according to law, the minimum period from the date the bidding documents are issued to the deadline for bidders to submit bid documents shall not be less than 20 days.