Common disputes in property management bidding?

Bidding, as an open and fair way of competition, is based on a set of systems. However, due to their respective interests and different understandings of the system, there will inevitably be various disputes or controversies in the bidding activities, which may even seriously affect the smooth progress of the whole bidding activities. Therefore, how to deal with contradictions, properly resolve disputes and avoid disputes has become a concern of both bidding parties.

Common dispute forms in property management bidding

(1) Disputes in the bidding process

1. Disputes over claims

Claim is the most common dispute in contracted projects.

Property management bidding claim refers to that the property management company demands reasonable compensation for extra expenses or losses beyond the entrusted management contract for reasons other than its own. In other project bidding activities, the usual way to claim compensation can be economic compensation or extension of construction period. However, due to the particularity of property management services, that is, the subject of property management bidding, its claim can only require the tenderer to make economic compensation. It must be noted that the claim is only based on the unilateral determination of a fact by the property management company, and whether the compensation can really be obtained depends on whether the owners' committee confirms this determination. If the owners' committee thinks that this kind of loss is caused by the property management company itself, or even thinks that this kind of loss has affected the realization of its own rights and interests, then they will not only promise to compensate, but also may ask the property management company to compensate for the economic loss, which is commonly called counterclaim. However, regardless of the claim or counterclaim, the starting point of both parties is to strive for their own interests as much as possible under the legal premise.

It can be seen that the focus of the dispute between the tendering and bidding parties is mainly on the determination of the factual cause of the loss. Therefore, it is very useful to study the types of claims for bidders to protect themselves and strive for legitimate interests.

Usually, the things that may lead to claims in property management bidding mainly include: omissions and errors in the tender, increase in service volume, increase in material quantity, increase in material unit price, increase in subcontractor fees, etc. Of course, the corresponding claims that may appear in different property management tenders are different. All bidders must be cautious, strive for favorable conditions as much as possible, and avoid mistakes or losses.

2. Disputes about the validity of bidding

As a normative institutional activity, bidding has strict restrictions on the behavior of bidders. Whether it is the qualification examination of bidders or the filling and submission of tenders, the bidding system has made detailed provisions. However, these provisions cannot cover all possible problems in bidding; Moreover, even if the bidding system covers all situations, the tenderer or bidder may still have different understandings of the bidding effectiveness due to negligence or insufficient understanding of the system, thus causing disputes.

There are various reasons for such disputes, either the tenderer misjudges the bidder's performance as invalid, or the tenderer's judgment is correct and the bidder is unknown. Due to the heavy workload of bidding, there are too many disputes. If we want to analyze the reasons from specific matters, it is difficult to list them one by one. We only introduce several common typical types of disputes.

(1) proxy validity problem.

The choice of agents and other issues have been elaborated in the fifth chapter of this book, but when it comes to agency business in bidding, there are often misunderstandings about the scope of agency business. For example, does the same agent register for several bidding companies at the same time, deliver the tender documents and attend the bid opening meeting, which is in line with the bidding regulations? Is the submitted tender valid? Are the bids prepared by the same agent for several bidding companies valid? Is the bidding company that provides agency services for property bidding valid? Wait a minute. These are facts that are easily confused by people and naturally controversial.

(2) The validity of the bid.

The validity of the tender includes a wide range of contents, including timeliness, format, whether the content is standardized and so on. It should be said that it is usually not easy to cause disputes about matters clearly stipulated in some bidding documents (such as validity period), and most disputes occur in some clauses that are difficult to define and have vague boundaries. A typical example is the criterion to judge whether the omission of the tender results in the invalidity of the tender. According to the international bidding practice, if the deviation of the tender is an error in substantive content, it is an invalid tender; On the contrary, the tenderer can decide whether to clarify and supplement, continue to bid or declare the bid invalid according to the specific circumstances. In this case, although the "substantive content" seems clear, it is difficult to define it in practice, because it is only a general description, and the judgment of "whether the change will affect the performance of the obligations after winning the bid" depends on the subjective judgment of the tenderer, which will inevitably lead to disputes due to the differences between the tenderer and the bidder.

(3) Consortium bidding.

The so-called consortium bidding means that two or more legal persons or other organizations form a consortium and jointly bid as bidders. If the consortium bids, the parties to the consortium shall sign a * * * bidding agreement, clearly stipulating the work and responsibilities of both parties, and submit it to the tenderer together with the bidding documents. If the consortium wins the bid, all parties of the consortium will sign a contract with the tenderer and bear joint and several responsibilities for the management of the winning property project.

The behavior of consortium bidding is similar to the behavior of agent acting for more than two bidding companies at the same time, similar to the behavior of two independent bidding companies submitting the same tender to participate in bidding, and even similar to the subcontracting behavior of property management, which is easy to be confused and easily leads to the wrong judgment of the tenderer.

(4) the validity of the tender revision.

Whether the tender revision is valid or not depends on the revision time. If the amendment is made before the deadline for submission of bid documents required by the tender documents, the revised tender is still valid, but the bidder shall notify the tenderer of this behavior; Otherwise, the bid will be considered invalid. However, in the specific operation, it is likely that the tenderer will determine the effective modification as invalid modification.

(5) Other circumstances.

For example, the differences in the determination of subcontracted service projects in bidding and the differences in understanding the sealing terms of bidding documents.

3. Disputes about the validity of winning the bid

The disputes over the effectiveness of winning the bid are mostly aimed at the professional ethics of the bid evaluation personnel and the honesty and credit of the bidders. Common disputes mainly include the following situations:

(1) The tenderer failed to keep secret.

Secrecy is the most basic professional quality that tenderers should possess. However, in practice, it often happens that tenderers disclose some relevant information that may affect fair competition to others, which leads to the tender companies that know the inside story winning the bid easily. In this case, it is obviously unfair and the winning bid is naturally invalid.

(2) The bid evaluation personnel violate the rules.

The bid evaluation personnel are the most critical part of the bidding system, because they will decide the final winner. If their behavior is contrary to the law or convention, even if it does not affect the impartiality of bid evaluation, their impartiality is unconvincing because of the loss of independence, and the bidding result should not take effect.

(3) Bidders resort to deceit and collude in quotation.

This situation often occurs in the bidding process. In order to win the bid with * * *, several bidding companies colluded with each other and set entry barriers to crowd out other bidders. This is an act that undermines fair competition.

(4) The bidder deliberately lowers the price, resulting in vicious competition.

This is another act that undermines fair competition. There are two reasons why bidders bid below the cost in order to win the bid: first, new entrants burn their bridges in order to gain a foothold; Second, the strong grab market share and realize their monopoly position. However, no matter what consideration, this practice will inevitably lead to the winning bidder losing money or reducing the service quality in the project operation after taking over the property, while the bidding company that originally had the opportunity to make a profit could not get the project, and the orderly development of the industry will inevitably be threatened. Therefore, the bidding system must prohibit this kind of behavior.

(2) Disputes over property management contracts.

Disputes over entrusted property management contracts usually include disputes between tenderers and bidders during the negotiation and signing of entrusted management contracts, as well as disputes between tenderers and bidders during the performance of their obligations after the signing of contracts.

1. Disputes during contract signing and negotiation

Bidders need to go through the negotiation stage before signing the contract. At this time, the negotiation focuses on some key terms, such as price tag and service content. Both sides are making final efforts for their own interests, and even some violations will occur. For example, the owners' committee may require the winning bidder to reduce the fees, may modify the service content agreed in the original contract, and may even increase the service volume; Similarly, this situation may also happen to property management companies. At this time, the contradictions and conflicts are particularly fierce, and the disputes are mainly reflected in the different opinions of both parties on the revision and change of the relevant terms of the contract.

2. Disputes during the performance of the contract

The disputes in this period are embodied in the differences between one party and the other in the performance of the signed contract terms, mainly including the cognitive deviation between the two parties in the way and time of contract performance.

For more information about project/service/procurement bidding, and to improve the winning rate, please click on the bottom of official website Customer Service for free consultation:/#/? source=bdzd