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What is the definition of property management project bidding?

A, the tender preparation stage

The tender preparation stage refers to a series of preparations from the decision made by the developer or the owner to the formal external tender, that is, before the tender announcement is issued. According to international practice, the main tasks at this stage are: to set up a bidding agency; Prepare bidding documents; Determine the pre-tender estimate.

(A) the establishment of a bidding agency

Any property management bidding, whether developers or owners' committees, needs to set up a special bidding agency to be fully responsible for the whole bidding activities. The main responsibilities of the bidding agency are: drafting the bidding articles and bidding documents; Organize bidding, bid opening, bid evaluation and calibration; Organize the signing of the contract. It can be seen that once the bidding agency is established, its responsibilities will run through the whole bidding process.

There are two main ways to set up a bidding agency. One is that developers or owners set up their own bidding agencies and organize bidding work by themselves; The other is that the developer or the owners' committee entrusts a special property management tendering agency to bid. Both methods are in line with the provisions of China's "Bidding Law" and have their own characteristics.

For developers or owners' committees to set up their own bidding agencies, China's "Bidding Law" stipulates: "A tenderer who has the ability to prepare bidding documents and organize bid evaluation can handle bidding matters on his own. No unit or individual may force it to entrust a bidding agency to handle bidding matters. " Considering that bidding is a complicated and tedious work, in which compiling bidding documents and organizing bid evaluation are highly professional, and the ability of the tenderer is also highly required, therefore, the tenderer should act according to his actual situation. If the tenderee is a powerful large-scale developer or joint development organization, and has the ability to set up its own bidding agency in the whole development process from property design, construction supervision to acceptance, and is responsible for its "one-stop" bidding work, then the bidding for property management should also be completed by the bidding agency set up by the developer. For another example, for small-scale property management projects that adopt small-scale invitation bidding or negotiation, because the bidding workload is not large and the professionalism is not strong, developers can generally prepare their own bidding documents and organize their own bid evaluation. At this point, it is more appropriate for the tenderer to set up a bidding agency to bid. Developers or owners who bid on their own should, according to the usual practice, set up bidding agencies such as "Bidding Working Committee" or "Bidding Working Group" under the developer unit or owners' committee. Its specific organizational structure has been introduced in detail in chapter 1 of this book, so I won't repeat it here.

Regarding the bidding agency entrusted by the tenderer, China's "Bidding Law" stipulates: "The tenderer has the right to choose a bidding agency and entrust it to handle bidding matters. No unit or individual may appoint a tendering agency for the tenderer in any way ". The biggest advantage of entrusting a bidding agency to bid is that the information between the bidding agency and the bidder is completely symmetrical, which makes the bidding project professional or the information of developers and owners insufficient, and the bidding can be successfully completed. To this end, developers or owners should pay attention to the following issues when choosing a bidding agency:

First of all, the tenderer should choose the tendering agency according to his own wishes and his own situation, and no individual or unit has the right to forcibly designate the tendering agency to the tenderer. Moreover, the relationship between the bidding agency and the tenderer is limited to the principal-agent relationship, and the bidding agency has no right to impose the bidding results on the tenderer, who should be the final decider of winning the bid. In particular, state-owned real estate developers should avoid choosing a bidding agency that has a superior relationship with them when entrusting bidding agencies.

Secondly, the tenderee should choose different levels of bidding agencies for bidding according to the scale of his own target. China's "Bidding Law" classifies the qualifications and grades of bidding agencies, mainly based on two conditions that bidding agencies have: first, the agent's bidding experience has reached a certain number of years, and the bidding amount has reached a certain level for several consecutive years; The second is the professional ability and technical strength of compiling bidding documents and organizing bid evaluation, that is, the size of expert talent pool and the quality of experts. The tenderee should choose a suitable tendering agency according to its own requirements for property management and the scale of the target, and choose a higher-level agency for bidding under the condition that the entrusted price is reasonable.

The way that a tenderer entrusts a bidding agency to conduct bidding is often used for public bidding and some large-scale invitation bidding. In fact, for some large-scale projects, developers often entrust a bidding agency to do all the bidding work of the project; In addition, when the owners' committee conducts property management bidding, it generally entrusts a bidding agency to conduct bidding.

(2) Preparation of bidding documents

Compiling bidding documents is the most important work for bidders in the bidding preparation stage. Bidding documents are necessary documents provided by the tendering agency to bidders for bidding work. The purpose of the tender documents is to inform the bidder of the procedures for submitting the tender; Clarify the subject of the required tender; Inform the bid evaluation criteria and the conditions for signing the contract. Bidding documents are not only the basis for bidders to compile bidding documents, but also the basis for contract negotiations between the tenderee and the winning bidder. Therefore, it is an important document that is binding on the tendering agency and bidders, as well as the tenderee (developer or owner) and the winning bidder. The tenderee should attach great importance to the preparation of tender documents to ensure that the terms are rigorous and thoughtful, and the contents are clear, reasonable and legal.

The content and format of bidding documents for property management are different according to the characteristics and needs of the bidding project, but any bidding document should be based on laws and practices to prepare its basic content. China's "Bidding Law" stipulates: "The bidding documents shall include all substantive requirements and conditions such as the technical requirements of the bidding project, the bidder's qualification examination standards, the bid quotation requirements and bid evaluation standards, and the main terms of the contract to be signed". According to this regulation and international practice, the basic contents of the bidding documents for property management can be summarized into three parts:

1. Instructions to Bidders

The instructions to bidders are an important part of the bidding documents, and are the guiding documents of the owners or bidding agencies on how to bid, including bidding conditions, relevant requirements and procedures.

(1) bidding conditions

Therefore, the tender documents should explain and stipulate the bidding conditions in order to ensure the qualifications of bidders and the authenticity of bidding. In order to ensure the qualifications of bidders, it is necessary for bidding agencies to pre-qualify potential bidders. In this part of the tender documents, it is stipulated that bidders participating in the prequalification must submit supporting materials and their formats for unified examination. In order to ensure the authenticity of the bid, the tenderer often requires the bidder to pay the bid bond, and the tender documents stipulate the proportion of the bid bond, the payment method and the format of the guarantee.

(2) Requirements of bidding documents

If the bidding conditions focus on the requirements of the bidder, this part focuses on the requirements of the bidding documents. Since the tendering agency usually checks whether the preparation and sealing of the tender documents conform to the procedures when accepting the tender, the tender documents must specify the unified requirements for the preparation of the tender documents (usually providing the unified format of the tender documents) and the provisions for the sealing and submission of the tender documents in this part, so as to facilitate the bid opening and bid evaluation.

(3) Description of bidding procedures

Because the whole bidding process should embody the principles of fairness, justice and reasonableness, and it is important to make the bidding procedure open to increase the transparency of bidding activities. The contents of this part of the bidding documents are the key contents of the bidding process such as public bid opening, bid evaluation and bid selection planning, thus reflecting the fairness and transparency of the whole bidding work.

2. Contract terms

The purpose of the contract terms is to standardize and publicize the contents of the contract to be signed after winning the bid, and it is also the concrete embodiment of the principle of fairness and impartiality in bidding. Contract terms are divided into general terms and special terms. The former is usually an industry convention for property management bidding, which is common for different property management projects and usually consists of technical terms, commercial terms and legal terms; The latter is a personalized clause tailored to the characteristics of each specific property management project. According to the principle that personality contains * * * *, in the contract terms, the special terms are superior to the general terms. In case of inconsistency, the special terms and conditions shall prevail.

3. Technical conditions

Technical specification is a document that specifies the technical requirements of the bidding project (such as service standards, specific workload of property management projects, etc.) and is one of the key points of the bidding document. Technical specifications are usually described in the form of technical specification list, and engineering drawings of the project are also needed as the basis for bidders to calculate the bid price.

Considering that the preparation of bidding documents plays an important role in the whole bidding activity, the next chapter will introduce the preparation of bidding documents in detail, so I won't go into details here.

Finally, let's talk about the time to formulate the bidding documents. When to prepare the tender documents is determined by the real estate development and construction procedures. At present, most of China's property management bidding is in the late stage of property development and construction. However, with the continuous improvement of developers' requirements for property management, it has become a common phenomenon that property management "bids in advance". China's "pre-bidding" means that in the project establishment stage, after the land application is approved, property management bidding can be carried out and bidding documents can be formulated. Bidding for property management in advance does have its advantages. However, there are a lot of uncertain factors in making the tender documents too early, which will increase the difficulty of preparing the tender documents and reduce their reliability. Therefore, we should pay attention to the time when the tender documents are formulated, so that the contents of the tender documents are rigorous and clear and forward-looking.

(3) Preparation of pre-tender estimate

The preparation of pre-tender estimate is an important preparation for bidding. According to international practice, before the formal bidding, the tenderer should prepare the pre-tender estimate of the project subject to tender. The pre-tender estimate is the reasonable base price calculated by the tenderer for compiling the bidding content, that is, the budget price. Its main function is to serve as an important basis for the tenderer to review the quotation, evaluate the bid and determine the winning bidder. Therefore, the pre-tender estimate is the "top secret" information of the tendering unit and cannot be disclosed to any irrelevant personnel. Especially, when bidding and evaluating most projects in China, the interval above and below the pre-tender price is used as the condition to judge whether the bid is qualified, so the importance of keeping the pre-tender price confidential is even more obvious.

Because the pre-tender estimate is a ruler to measure the competitiveness of bidding quotation, the quality of the pre-tender estimate directly affects the effectiveness of bidding work. If the pre-tender estimate is set too high and too many bidders enter the qualified range, the workload and difficulty of bid evaluation will greatly increase; If the base price is set too low, it is easy to make all bidders fail, which will lead to the failure of bidding. Therefore, a well-made pre-tender estimate can be said to be half the success of the bidding work, while an advanced, accurate, reasonable and feasible pre-tender estimate needs to be detailed and realistic. First of all, the preparation of pre-tender estimate is closely related to the preparation of bidding documents. Whether the pre-tender estimate is compiled correctly depends largely on whether the description of the engineering workload in the bidding documents is correct. Therefore, when describing the engineering workload in the tender documents, we should minimize the omissions, make the workload as accurate as possible, and strive to control the error between the workload calculated in the tender documents and the actual engineering quantity within 5%. Secondly, the preparation of the pre-tender estimate should be based on the more advanced property management scheme, so that the pre-tender estimate prepared is practical. If the developer or owner bids on his own, he can refer to the advanced property management methods at home and abroad in recent years, or he can entrust the tendering agency to formulate the pre-tender estimate.