What is the meaning of the tentative valuation project meets the criteria that must be tendered ?

The quantity of projects, goods and services estimated by the tenderer in the bidding documents shall meet the standard that the general contractor cannot determine.

According to Article 29 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China, the tenderer may implement the general contracting bidding for the project and the goods and services related to the construction of the project in whole or in part in accordance with the law.

Tenders must be made:

1) The estimated price of a single construction contract is more than 2 million yuan;

2) Procurement of important equipment, materials and other goods, with an estimated price of more than 1 million yuan in a single contract;

3) Procurement of survey, design, supervision and other services, with an estimated price of more than 500,000 yuan for a single contract;

4) The estimated price of a single contract is lower than the standard specified in items (1), (2) and (3), but the total investment amount of the project is more than 30 million yuan.

2013-07-23 02:19:21 Expert reply:

Let's study the provisional valuation of the general conditions of the contract (106 pages) in the "Guidelines for the Use of Bidding Documents for Quasi-Construction on the Other Side of the People's Republic of China 2007 Edition". Learn to understand the content of the provisional valuation item and how to set the price. In particular, it is proposed that the projects that meet the bidding standards are projects that must be tendered in accordance with the law, and the rights and obligations of the employer and the contractor are stipulated in special contract clauses.

There are generally two kinds of relationships: one is that under the leadership of the employer, the contractor acts as the tenderer for the bidding project, and the selected subcontractor must be approved by the employer in advance. After the subcontractor is determined, the difference between the winning bid price and the provisional estimated value of the project shall be made up by the employer; The second is for the employer to directly bid for the project and select the winning bidder.

That is to say, the employer and the winning bidder directly sign the contract, and the employer directly manages the implementation of the contract. In this case, if the contractor is qualified to bid for the project, it can also participate in the bidding of the project. According to the provisions of Article 7 of the former State Development Planning Commission's Order No. 3 "Regulations on the Bidding Scope and Scale Standards for Engineering Construction Projects", the understanding that the tentative valuation project meets the bidding standards is as follows:

When the estimated price of a single contract for the materials and engineering equipment included in the provisional valuation reaches 1 million yuan, and the estimated price of a single contract for a professional project reaches 2 million yuan, it is a project that must be tendered. If the above-mentioned project is lower than its specified standard, but the total investment of the project reaches more than 30 million yuan, the above-mentioned project must also be tendered. In addition, my personal understanding of the latter part of the above provision is:

Although the total investment of the project reaches more than 30 million yuan, the purchased materials and engineering equipment or professional projects are irreplaceable patents or proprietary technologies, and the estimated price of a single contract is very low, and the cost of bidding accounts for a large proportion of the estimated price of a single contract, which is economically unreasonable, and it is not possible to conduct bidding. "Please note that it is best to have prior approval from the higher authorities or the administrative supervision department of the project before implementation. The contractor shall make a proposal for the materials and engineering equipment that are not tendered, and after being approved by the supervising engineer, the employer shall approve and make up the difference; Professional projects that do not carry out bidding shall be determined according to the principle of change stipulated in the terms of the contract, and the employer shall make up the difference.

Article 29 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China (Order No. 613 of the People's Republic of China): "The tenderer may, in accordance with the law, implement the general contracting bidding for all or part of the project and the goods and services related to the construction of the project. If the projects, goods and services included in the scope of general contracting in the form of provisional valuation belong to the scope of the project that must be tendered in accordance with the law and meet the scale standards stipulated by the state, the bidding shall be carried out in accordance with the law.

According to the purpose of the General Contract Clauses (hereinafter referred to as the "General Terms") in the Standard Construction Bidding Documents, the provisional valuation refers to the amount of materials, equipment and professional works that the employer gives in the bill of quantities to pay for the materials, equipment and professional works that must occur but cannot be determined for the time being. After the issuance of the "Standard Construction Bidding Documents", the Ministry of Housing and Urban-Rural Development issued on July 9, 2008 and implemented since December 1, 2008, the national standard "Specification for the Valuation of Bills of Quantities for Construction Projects" (GB50500-2008) also added relevant provisions on "provisional valuation", but it only includes the provisional unit price of materials and the provisional valuation of professional projects, and does not include the provisional valuation of engineering equipment.

The general clauses stipulate the determination of various objects (including materials, engineering equipment or professional projects, the same below) that are applicable to the provisional valuation under different circumstances and the adjustment of the contract: 1. Materials, engineering equipment and professional projects that belong to the scope of bidding that must be tendered according to law and meet the specified scale standards shall be selected by the employer and the contractor by way of bidding. The rights and obligations of the employer and the contractor shall be stipulated in the special contract clauses.

The difference between the amount of the winning bid and the provisional valuation listed in the bill of quantities, as well as the corresponding taxes and other expenses, shall be included in the contract**. 2. Materials and engineering equipment that do not fall within the scope of bidding that must be tendered according to law or do not meet the specified scale standards shall be provided by the contractor in accordance with the general terms and conditions (materials and engineering equipment provided by the contractor), that is, the contractor shall be responsible for procurement, transportation and storage, and the contractor shall be responsible for the materials and engineering equipment it procures. The difference between the materials and engineering equipment confirmed by the supervisor and the provisional valuation listed in the bill of quantities, as well as the corresponding taxes and other expenses shall be included in the contract**.

3. Professional projects that do not belong to the scope of bidding that must be tendered according to law or do not meet the specified scale standards shall be evaluated by the supervisor in accordance with the general clause (the valuation principle of change), unless otherwise agreed in the special contract terms. The difference between the estimated professional works and the provisional valuation listed in the bill of quantities, as well as the corresponding taxes and other expenses, are included in the contract**.

In the evaluation of the bidding control price, the relevant provisions of the provisional valuation are as follows:

The amount provided by the tenderer in the bill of quantities for the payment of the unit price of materials and professional works that must occur but cannot be determined for the time being.

A sum tentatively determined by the tenderer in the bill of quantities and included in the contract price. It is used for the procurement of materials, equipment and services that have not yet been determined or unforeseen at the time of signing the construction contract, the project changes that may occur during the construction, the adjustment of the project price when the adjustment factors agreed in the contract appear, and the costs of claims and on-site visa confirmation.

Unified compilation and pricing methods of construction bills of quantities, standardize project cost valuation behavior, in accordance with the People's Republic of China Construction Law, the People's Republic of China Contract Law, the People's Republic of China Bidding Law, the People's Republic of China Standardization Law, formulated.

How to tender for provisional valuation projects.

Provisional valuation refers to the quantity of projects, goods and services that cannot be determined at the time of general contracting bidding but is provisionally estimated by the tenderer in the bidding documents. In the form of provisional valuation, which mainly includes projects, goods and services within the scope of general contracting, which belong to the scope of projects that must be continuously studied and tendered in accordance with the law and meet a legal scale standard, they shall be analyzed and tendered in accordance with the law.

It is a common practice in international and domestic engineering practice to set up provisional valuation in the bidding documents of general contractors. The main reasons for the establishment of provisional valuation include: the tenderer's demand analysis of the function has not been clarified by the ultimate goal, and a specific standard and requirement for the development of some related professional construction projects or equipment and materials cannot be included in the bidding competition; Due to the lack of depth of design research, the standards and requirements of some technical courses for information engineering, goods or social services are not clear at the time of bidding, and cannot be included in the competition; Some teachers' professional knowledge projects must be designed by professional contractors, so as to effectively ensure product quality, system function and constructability; Some of the works that are critical to the quality of the project's construction, the use of different functions and design aesthetics need to be completed by experienced professional contractors; Some of the more important materials and equipment are very different in brand and quality, and are very important to the use of the project, in order to prevent excessive competition and reduce the quality, but also set as a provisional valuation, so as to give appropriate control in the performance process in the form of special procurement activities.

Provisional valuations, which are included in the scope of general contracts, are not in fact competitive and would in fact constitute a circumvention of tendering if they should be tendered rather than tendered. The condition that the bidding must be "within the scope of the project that must be continuously studied and tendered in accordance with the law and meet a legal scale standard", and not all of our provisional valuation projects must be analyzed and tendered.

In practice, there are three main bidding methods for provisional valuation projects: first, the general contractor developer and the general contractor jointly bid; Second, the general contractor developer invites the project and gives the general contractor the right to participate and the right to know; The third is the bidding of the general contractor, giving the general contractor the right to participate and the right to know. At the heart of the above analysis of all three approaches is joint tendering.

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