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1) Bidding scope and management agency with Chinese characteristics;
2) The system of bidding and bidding laws and regulations in which national regulations and local regulations complement each other;
3) Include the bidding system for the preparation of the bottom bid;
4) Bid evaluation and pricing method based on the 100-point system;
5) the gradual establishment of the engineering trading center;
6) Pay attention to supporting bidding and bidding intermediary service agencies.
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1) The economy of the main body of project bidding. The two most important actors in project bidding are the tenderer and the bidder. The biggest and ultimate benefit of the tenderer is to expect to obtain a construction engineering product that meets the functional requirements in the future.
Therefore, the purpose of his bidding is to select a contractor that is reasonable, feasible in implementation and satisfactory to the greatest extent. The ultimate interest of the bidder is to win the competition among all bidders and to obtain the highest possible profit return by undertaking the project.
In this complex game process between tenderers and bidders, bidders and bidders, both parties will definitely use all ways and means to maximize their own interests.
2) Scarcity of resources in the process of project bidding. At present, there is a serious imbalance between supply and demand and obvious excess production capacity in China's construction project market. For a long time in the foreseeable future, the construction project market will remain a buyer's market, which is reflected in both the oversupply in the total amount and the imbalance in the structural supply and demand.
The owner commissioned the project through bidding, forming a buyer's market for the project, several, more than a dozen or even several.
Ten bidders compete for a project, and in the end, only one can win the bid and become the contractor, and the competition is very fierce.
For bidders, the scarcity of resources is reflected in the fact that the number of projects that are suitable for themselves and profitable is relatively small, and it is more difficult to win the final bid to undertake the project; For the tenderer, it is not easy to select a contractor with complete satisfaction, credit, ability and quality from many bidders. The purpose of bidding is to rationally and effectively allocate and make full use of these scarce resources through market competition.
3) Uncertainty and complexity in the bidding process of the project. Modern engineering involves many professional categories and has high scientific and technological content. The project itself has the characteristics of one-time and non-replicable, which leads to certain uncertainties in the process of project bidding and bidding and the implementation of the project contract.
In addition, the engineering business method has its own peculiarities. Through the project bidding and bidding, the contract and construction period are determined first, and then the design, construction and construction work of the project are completed. In the tendering and bidding stage, the description of the project is often incomplete, and the understanding of the two parties is often inconsistent.
This makes it difficult to determine the contract** and duration with a relatively accurate level in advance, especially for lump-sum contracts. This has led to conflicts and uncertainties between the parties in the tendering process and the implementation of the contract.
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Legal analysis: 1. The economy of the main body of project bidding. 2) Scarcity of resources in the process of project bidding. 3) Uncertainty and complexity in the bidding process of the project.
Legal basis: "Bidding and Bidding Law of the People's Republic of China".
Article 9 If the bidding project needs to perform the project approval procedures in accordance with the relevant provisions of the State, it shall first perform the examination and approval procedures and obtain approval. The tenderer shall have the corresponding funds for the bidding project or the funds have been implemented, and shall be truthfully stated in the bidding documents.
Article 16 if the tenderer adopts the method of public bidding, it shall issue a tender announcement. The tender announcement of the project that must be tendered in accordance with the law shall be published through the newspapers and periodicals designated by the state, the information network or other media of the lead holder. The tender announcement shall contain the name and address of the tenderer, the nature of the bidding project, the number of filial piety, the place and time of implementation, and the method of obtaining the bidding documents.
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Construction project bidding refers to the legal act of the construction unit issuing an announcement on the proposed project, attracting the contractor of the construction project to compete through statutory procedures and methods, and selecting the one with superior conditions to complete the project construction task.
In China, proceeding from the principle of protecting state-owned assets, state organs, state-owned enterprises and institutions and enterprises controlled by them are the main body of bidding, which has been stipulated in various bidding and bidding laws and regulations
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Features of the bidding:
1. Competitiveness. Orderly competition, survival of the fittest, optimal allocation, and improvement of social and economic benefits. This is the essential requirement of the socialist market economy and is also the fundamental characteristic of bidding and bidding.
2. Procedural. Bidding and bidding activities must follow strict and standardized legal procedures. The "Tendering and Bidding Law" and related laws and policies have strict and standardized limits on the time and sequence of each link in the whole process of tendering and bidding from determining the scope of bidding and procurement, bidding methods, bidding organization forms to selecting the winning bidder and signing the contract, and cannot be changed at will.
Any bidding and bidding behavior that violates legal procedures may infringe on the rights and interests of other parties and must bear the corresponding legal consequences.
3. Normative. The Law on Tendering and Bidding and related laws and policies have made strict provisions on the working conditions, content, scope, form, and standards of all aspects of bidding and bidding, as well as the qualifications, behaviors and responsibilities of the participants.
4. One-time. There is only one chance for the tender offer and the winning bid, and the bidding is sealed, and the two parties are not allowed to negotiate and bargain on the substantive content in the bidding process, which is also the main difference from inquiry procurement, negotiation procurement and auction bidding.
5. Technical economy. Bidding and procurement or the first subject matter have different degrees of technicality, including the use of the subject function and technical standards, construction, production and service process technical and management requirements.
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The Tendering and Bidding Law stipulates that China's bidding methods are open bidding and invitation to bid, and the advantages and disadvantages are as follows.
1) Public bidding: public bidding, also known as unlimited competitive bidding, the advantages of public bidding: the tenderer can choose the winning bidder in a wide range, and the bidding competition is fierce, which is conducive to handing over the construction of the project to the reliable winning bidder for implementation and obtaining a competitive bid.
Disadvantages of public bidding: there are many bidders who apply for it, and prequalification procedures are generally set up; The workload of bid evaluation is large, and the bidding time is long and the cost is high.
2) Invitation to bid: invitation to bid, also known as limited competitive bidding, the advantages of inviting bidding: there is no need to issue a bidding announcement and set up prequalification procedures, saving bidding costs and saving time; Due to the better understanding of the bidder's past performance and performance ability, the risk of breach of contract by the contractor in the process of contract performance is reduced.
In order to reflect fair competition and facilitate the tenderer to select the bidder with the strongest comprehensive ability to win the bid, it is still required to submit relevant supporting materials indicating the bidder's qualification and ability in the bidding document as one of the evaluation contents (usually called post-qualification review). Disadvantages of inviting bids: the scope of invitation is small, the selection is narrow, and some potential bidders who have competitive strength in technology or ** may be lost, so the intensity of bidding competition is relatively poor.
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The Significance of Bidding and Bidding for Construction Projects The implementation of bidding for construction projects is an important part of the reform of China's engineering construction management system, an inevitable product of the development of the market economy, and also a need to be in line with international standards. 1. It is conducive to reducing the cost of engineering construction projects and optimizing the allocation of social resources. 2. It is conducive to the reasonable determination of engineering construction projects and the improvement of investment efficiency in fixed assets.
3. It is conducive to strengthening international economic and technological cooperation and promoting economic development.
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