What are the basic principles for bidding for construction projects? Construction project bidding refers to the legal act in which the construction unit publishes an announcement on the proposed project, attracts the construction project contracting units to compete through legal procedures and methods, and selects the one with superior conditions to complete the project construction tasks. The following is the "construction project bidding" information collected by the Construction Network for construction professionals:
Basic principles of construction project bidding:
Principle of openness
Open The principle is that bidding activities must be highly transparent. During the bidding process, bidding information, bidding procedures, bid evaluation methods, bid winning results, etc. must be disclosed in accordance with relevant regulations.
1. Disclosure of Bidding Information The first principle of disclosure in bidding activities is to disclose project bidding information. For engineering projects that require open bidding in accordance with the law, bidding announcements shall be published in newspapers, periodicals, information networks or other media designated by the state or local governments. At the same time, a bidding announcement was published on the China Engineering Construction Information Network. At this stage, project bidding announcements can be published on the websites of local governments at all levels or designated construction project trading center websites. The bidding announcement shall state the name and address of the bidder, as well as the nature, scale, location, method of obtaining bidding documents, and other matters of the bidding project. If prequalification is to be conducted, the materials required for prequalification and the prequalification conditions are required to be stated in the announcement.
If the invitation bidding method is adopted, bidding invitations shall be issued to more than three construction enterprises that meet the qualification conditions, and the contents required by the public bidding announcement shall be stated in the invitation letter. The content of the bidding announcement (or bidding invitation) should include the information required for potential bidders to decide whether to participate in the bidding competition.
2. Public bidding conditions The bidder must provide the construction project’s funding sources, fund preparation status, project preliminary work progress, project implementation progress plan, bidding organization structure, design and supervision unit, and The qualification requirements of bidding units are disclosed to the public so that potential bidders can decide whether to participate in the bidding and accept public supervision.
3. Public bidding procedures. The bidder should clearly indicate the bidding procedures and the specific time, location and arrangement of the bidding activities in the bidding documents, so that bidders can participate in various bidding activities on time, and Supervise tendering and bidding activities. The bid opening shall be conducted in public, and the time and place of the bid opening shall be consistent with those specified in the bidding documents. The bid opening is hosted by the tenderer, and all bidders and representatives of relevant supervision and management units are invited to participate. The tenderer shall open the bids for all well-sealed bid documents received before the deadline for submission of bid documents required by the bid invitation documents. During the bid opening, the bid documents shall be opened and read out to the public, and records shall be kept for archival purposes.
4. Bid evaluation methods and standards. Public bid evaluation methods and standards should be stated in the bidding documents. The bid evaluation should be conducted in strict accordance with the methods and standards determined in the bidding documents. Bid evaluation methods and standards that are not specified in the bidding documents shall not be included. Any other standards and methods shall be used as the basis for bid evaluation. The tenderer shall not negotiate with the bidders on substantive content such as bid prices and bid plans.
5. The bid-winning results are disclosed. The bid evaluation committee recommends 1 to 3 winning candidates based on the bid evaluation results and ranks them. The tenderer shall determine the first-ranked bid-winning candidate as the winning bidder. Article 6 of the original Ministry of Construction Jianshi [2005] No. 208L stipulates that before the notice of winning the bid is issued, the information of the pre-winner must be publicized on the same information network and construction project trading center where the bidding announcement of the project is released, and the information shall be publicized. The minimum time should not be less than 2 working days.
The determination of the winning bidder must be based on the bid evaluation report issued by the bid evaluation committee, completed within the specified time in strict accordance with legal procedures, and a bid winning notice will be issued to the winning bidder.
Principle of fairness
The principle of fairness means that all potential bidders and formal bidders have the same rights and perform the same obligations during the bidding process. And use unified qualification conditions, bid evaluation methods and bid evaluation standards to conduct evaluation. For bidders, it is necessary to strictly abide by the bidding conditions and procedural requirements stipulated in the "Tendering and Bidding Law" and the corresponding bidding management regulations, give equal opportunities to all potential bidders or formal bidders, and must not use unreasonable methods. Conditions restrict or exclude potential bidders, and no discriminatory treatment is allowed against potential bidders.
The tenderer shall prepare bidding documents based on the characteristics and needs of the bidding project, and shall not exclude potential bidders by proposing requirements that are inconsistent with the characteristics and needs of the project or that are too high. The technical standards specified in the bidding documents shall not require or indicate a specific patent, trademark, name, design, origin or production supplier, and shall not contain other content that favors or excludes potential bidders. The tenderer shall notify all potential bidders who purchased the bidding documents in writing of the Q&A on the bidding documents and on-site inspection Q&A or supplementary explanations of the bidding documents.
The tenderer shall not disclose to others the names and numbers of potential bidders who have obtained bidding documents, as well as other information about the bidding that may affect fair competition. The tenderer shall not restrict competition among bidders. All bidders have the right to participate in the bid opening meeting and supervise the process and results of the bid opening meeting.
Tenderers shall not collude with each other in bidding quotations, organize fair competition that excludes other bidders, or damage the legitimate rights and interests of the tenderer or other bidders. Bidders shall not collude with the tenderer in bidding to harm national interests, social public interests or the legitimate rights and interests of others.
Principle of fairness
During the bidding process, the bidder's behavior should be fair, and all bidders should be treated equally without any special tendency. Construction administrative departments must supervise project bidding activities in accordance with the law, strictly enforce the law, and act impartially. They must not illegally set up barriers to the construction market, implement regional blockades, or carry out departmental protection. They must not restrict or exclude this region or system in any way. Foreign companies participated in the bidding. When evaluating bids, the bid evaluation standards and methods shall be strictly implemented in accordance with the provisions of the bidding documents and shall not be modified or supplemented during bid evaluation. All bids received after the bid deadline and those with incomplete seals shall be rejected. Close relatives of the bidder or the main person in charge of the bid, personnel of the project management department, administrative supervision department, and persons who have economic interests or other social relationships with the bidder that may affect the fair evaluation of the bid documents shall not serve as members of the bid evaluation committee. Members of the bid evaluation committee shall not express any tendentious or inducing opinions, or exert any influence on the evaluation opinions of other members of the bid evaluation committee. No unit or individual may illegally interfere with or affect the bid evaluation process and results.
Principle of good faith
Following the principle of good faith means that the parties involved in bidding shall exercise their rights and perform their obligations in an honest and trustworthy manner in bidding activities, and shall not engage in fraud or deceive others. To strive for unfair interests and not to harm the interests of the other party, a third party or the public. During the bidding activities, the bidder shall accurately and timely notify the bidders of the actual situation of the project and the procedures and arrangements for bidding, and shall not operate in secret. The contract terms shall be clearly stated in the bidding documents and shall be in accordance with the contract specified in advance. When signing a contract with the winning bidder, no "yin and yang contract" shall be allowed, and questions raised by the bidder regarding the bidding documents or site visits shall be answered realistically. For bidders, they must not exclude other bidders from fair competition, and must not bid with a quotation lower than the cost; after winning the bid, they should organize organizational personnel to be in place according to the bid commitment, organize machinery, equipment, and labor to be in place in a timely manner to ensure the quality and safety of the project. The progress must meet the requirements of the bidding documents and bidding commitments; the winning project shall not be subcontracted or subcontracted in violation of legal provisions. In August 2005, the "Opinions on Accelerating the Construction of the Credit System in the Construction Market" issued by the former Ministry of Construction stipulated that all entities in the construction market must be responsible for the implementation of legal procedures, bidding transactions, signing and performance of contracts, payment of project fees by owners, and farmers. In terms of wage payment, quality and safety management, etc., it puts forward the most basic integrity requirements that should be met, and requires local construction administrative departments to formulate corresponding integrity management measures and punishment measures for breach of trust, which bidders must follow.
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