Guiding rules for EPC project general contracting bidding
In order to further carry out the work related to EPC project general contracting bidding, improve project investment efficiency, reduce contract risks, and ensure the fair, economical and efficient operation of housing construction and municipal infrastructure projects, according to the Ministry of Housing and Urban-Rural Development's "Several Opinions on Further Promoting the Development of Engineering General Contracting" (Jian Shi [2016] No. 93), "Construction Project General Contracting Contract" (GF-2017-0216), and the General Office of the State Council's "Opinions on Promoting the Sustainable and Healthy Development of the Construction Industry" (Guo Ban Fa [2017]) No. 19), the General Office of the People's Government of Hebei Province "Implementation Opinions on Promoting the Sustainable and Healthy Development of the Construction Industry" (Ji Zheng Ban Zi [2017] No. 143), "Hebei Province Housing Construction and Municipal Infrastructure Engineering General Contracting Bidding Document Demonstration Text" (Ji Jian Zhao Ban [2018] No. 14) and other documents, these guiding rules are hereby formulated.
1. Definition of EPC general contracting
EPC (Engineering-Procurement-Construction), that is, the "design, procurement and construction" model, also known as the turnkey project general contracting model. The tenderer signs the general contracting contract with the general contractor of the project, and the general contractor undertakes the design, procurement, construction and other work of the project, and is fully responsible for the quality, safety, construction period and cost of the contracted project. The tenderer is only responsible for the management and control of the whole, principle and objectives. The organization and implementation of design, procurement and construction adopt unified planning, unified organization, unified command, unified coordination and whole-process control.
2. Scope of application of EPC project general contracting
The following projects that the tenderer has clear requirements for the construction scope, construction scale, construction standards and functional requirements can adopt the EPC project general contracting model:
(A) the use of state-owned enterprises and institutions (financing, loans) funds, the scale of the project to reach large and medium-sized projects;
(2) Construction projects using fiscal funds (such as new construction, renovation and expansion of schools, affordable housing and other housing construction projects, municipal roads, municipal supporting facilities and other municipal projects);
(3) Professional engineering projects with special requirements for the construction period (such as landscaping, lighting and other projects);
(4) Engineering projects constructed using BIM technology or buildings using prefabricated construction methods.
For projects with high personalization requirements, complex situations, and more variables in construction requirements and standards (such as underground engineering-based construction projects, monumental buildings, cultural and sports venues and other engineering projects), it is not appropriate to adopt the general contracting model.
3. Bidding conditions for EPC project general contracting
At present, when setting the bidding conditions for EPC general contracting, it is mainly based on the "Several Opinions on Further Promoting the Development of EPC Contracting" (Jian Shi [2016] No. 93). The tenderer may require the EPC general contractor to have the engineering design qualification or construction qualification suitable for the scale of the project, and may also require integrated bidding to meet all the qualification requirements required by the project, and have the corresponding design and construction capabilities in terms of personnel, equipment, performance, and funds. When requesting integrated bidding, potential bidders can be required to form a consortium, submit a consortium agreement at the time of bid opening, and specify a unit with design or construction qualifications as the leader. All consortium members shall abide by the consortium agreement and bear their own direct responsibilities and related joint and several liabilities.
At the same time, the project manager shall obtain the registered practice qualification of engineering construction, have served as the project manager of general contracting, the person in charge of the design project or the construction project manager, be familiar with the relevant laws, regulations and standards of engineering construction, and have the corresponding project performance.
4. Standardize the bidding content of EPC project general contracting
(A) bidding conditions
According to the characteristics of the project, after the completion of the feasibility study, schematic design or preliminary design, the tenderer has the corresponding stage of the project approval documents, has the corresponding funds or sources of funds have been implemented, and has the basic information required for bidding, with the project investment estimate or budget estimate as the economic control index, with the limit design as the control means, in accordance with the relevant technical specifications, standards and determined construction scale, construction standards, functional requirements, investment limit, project quality and schedule requirements, etc., EPC project general contracting project bidding.
(B) the preparation of bidding documents
The tenderer shall generally prepare the bidding documents according to the "Hebei Province Housing Construction and Municipal Infrastructure Engineering General Contracting Bidding Document Demonstration Text" (Ji Jian Zhao Ban [2018] No. 14) and the actual content of the project. At this stage, the bidding documents shall generally not be less than the following main contents:
1. Bidding instructions: including project overview, general contracting type and corresponding work content, scale, source of funds and implementation, construction cycle, quality requirements, design limit, etc.
2. General contracting task book: including the scale, scope and purpose of the project, performance or capacity guarantee indicators, construction cycle requirements, main technical requirements and standard specifications, etc.
In terms of project scale: the above-ground construction area, underground construction area, floor height, house type and number of households, the size and proportion of studios, the number or proportion of parking spaces should be clarified for housing construction projects, etc.; Municipal projects need to clarify the width of the road, all underground pipelines (water supply, rain and sewage, electricity, gas, heat, etc.) and the location of ancillary facilities, the length and span of the bridge, and the sewage treatment capacity.
In terms of engineering standards: housing construction projects need to clarify the material types, specifications and brand grades of various decorative surfaces on roofs, floors and walls, the categories of mechanical and electrical systems, the main parameters, indicators and brand grades of mechanical and electrical equipment materials, the density of terminal facilities in each area, the number and standard of furniture configuration, as well as the standards of outdoor engineering and landscaping; Municipal engineering needs to clarify the structure, material, and thickness of various structural layers and surface layers.
3. The scope of survey and design and related basic data and technical parameters, the progress, stage and depth of survey and design, and the requirements of intellectual property rights.
4. The scope of procurement and related basic information, the quality of the purchased equipment and materials, the supply method, the equipment installation progress and other requirements.
5. The scope of construction, the technical requirements for civil engineering, road and equipment installation, and the requirements for trial operation.
(3) The pricing method of the general contracting price
Under the premise of unified and clear demand, the bidder shall design according to the given bidding scope, basic information and construction scale and construction standards, and prepare the estimated bill of quantities and quote by itself, and generally adopt the pricing mode of fixed total price, and the general contractor shall implement the total price package for the content within the scope of the bidding, and the quotation shall be all the costs for completing all the contents of the engineering design and passing the acceptance and can be delivered. The final settlement price shall be subject to the price approved by the third-party cost consulting agency jointly recognized by the tenderer and the general contractor, and the settlement price shall not exceed the limit of the corresponding cost in the project approval and confirmation investment budget under the premise that the tenderer has no major design changes (project scope, scale, main technical standards, and special geological treatment).
(4) The formation of the bid evaluation committee
The bid evaluation committee established by the tenderer in accordance with the law shall be responsible for the bid evaluation committee of the EPC general contract, and the bid evaluation committee shall be composed of representatives of the tenderee and relevant experts. The number of the bid evaluation committee shall be more than 5 odd numbers, of which experts in technology (design, survey, construction), economy (construction) and other aspects shall not be less than 2/3 of the total number of members. Bid evaluation experts are generally randomly selected from the expert pool, and the selected experts need to strictly implement the avoidance system.
(5) Bid evaluation methods and evaluation points
The bidding and evaluation of EPC general contracting generally adopts the comprehensive evaluation method. The evaluation factors mainly include engineering design drawings, design schemes, design concepts, performance of bidders and key personnel, bidding quotations for construction and installation projects, equipment procurement plans, construction organization implementation plans, general contracting organization and management plans, etc. Among them, the bidding quotation of the construction and installation project, the construction organization implementation plan, the equipment procurement plan and the design plan shall be taken as the main evaluation factors, and the bid evaluation committee shall comprehensively score the bidder's general contracting management ability and performance ability, the degree of design deepening, whether the deepening design meets the requirements of the bidding requirements, whether the estimated bill of quantities is more detailed, whether the estimated bill of quantities matches the design plan and whether the bidding unit price is reasonable, etc., to determine the general contractor.
5. Matters needing attention in the bidding of EPC project general contracting
The traditional bidding mode is provided by the tenderer to provide design drawings and bills of quantities, and the bidders to bid and quote according to the regulations, while the EPC project general contracting bidding only provides basic information, construction scale and construction standards, not to provide a bill of quantities, the bidder needs to prepare its own list for quotation, so the following matters should be paid attention to when bidding:
(1) Determine a reasonable bidding time to ensure that the bidder has enough time to carefully study the bidding documents, verify the needs of the tenderer, and carry out the necessary deepening design, risk assessment and estimation.
(2) The main terms of the general contracting contract, and the contract conditions for the integration of design and construction, can be drawn up with reference to the "General Contracting Contract for Construction Projects" (GF-2017-0216).
(3) The tenderer shall clarify the scope of the general contractor bidding, the scope of the quotation, and list the detailed list of workloads to avoid the omission of work. The bidder shall, according to the information provided by the tenderer, meet the requirements of the tenderer, design the drawings and calculate the quantity quotation, the quantity of the project shall be the total quantity of all the work in the drawings, and the quotation is the completion of all the contents of the engineering design, and the acceptance is qualified, all the costs that can be delivered.
(4) If the tenderer clarifies the brand and grade of the material in the engineering standard, the words "or equivalent to" shall be added after the reference, and the reference brand is generally not less than 3. If the materials, equipment and projects included in the scope of general contracting and in the form of provisional valuation reach the limit stipulated by the province, the bidding shall be carried out in accordance with the provisions of Article 29 of the Regulations for the Implementation of the People's Republic of China Bidding and Bidding Law.
(5) Strengthen contract risk management. The general contractor and the tenderer shall strengthen risk management and share risks fairly and reasonably. The general contractor of the project shall issue a bank performance guarantee to the tenderer in accordance with the contract, and the tenderer who uses non-financial funds shall issue a bank payment guarantee to the general contractor of the project.
(6) The payment of the project should not be based on the traditional measurement and payment method, but can be paid in proportion or according to the agreed amount on a monthly basis.
6. Strengthen the supervision of EPC project general contracting
(1) Implement project approval management
According to the characteristics of the project, the tenderer shall submit the schematic design and preliminary design documents to the municipal planning department for examination and approval, and the project feasibility study report and preliminary budget estimate shall be submitted to the municipal development and reform department for approval after completing the bidding for EPC project general contracting at the stage of construction engineering design or preliminary design stage.
(2) Implement design review management
After the EPC project general contracting contract is recorded, the general contractor or subcontractor of the project shall immediately optimize the scheme and design the construction drawings, and review and record the construction drawings after completion. The review of construction drawings can be carried out according to the actual situation according to the single project. After the completion of the construction drawing review, the tenderer and the general contractor can entrust a qualified third-party evaluation agency to review the project nodes and progress payment allocation agreed in the contract.
(3) Strengthen the supervision of capital construction procedures and procedures
The design and construction units determined according to the general contracting contract and subcontract shall go through the relevant procedures for project construction in accordance with the relevant regulations. The relevant departments of the construction administrative department shall perform their supervisory duties in accordance with the law, maintain the quality and safety of the project, and ensure the smooth progress of the project.
(4) Strict project change management
In the process of project construction, in principle, no longer change, visa, if due to special reasons or the tenderer to increase the content of the work, the design change exceeds the preliminary design budget estimate limit, the tenderer should be at the same time additional estimates, budget estimates, and approved by the municipal development and reform department before it can take effect. If the investment cost increases due to design reasons, the general contractor shall bear the relevant costs. In the contract documents, the conditions and calculation methods for changing the quantity of the project should be clarified, and the risk scope and adjustment methods of the material price should be agreed.
(5) Strengthen the management of project subcontracting and illegal subcontracting
The construction administrative department shall strengthen the inspection of subcontracting and illegal subcontracting at the construction site, and investigate and deal with the general contractor who transfers all the design and construction business of the general contractor or subcontracts to other units. If the general contractor implements the design on its own, it shall not subcontract the design of the main part of the general contracting project to other units. If the general contractor of the project constructs on its own, it shall not subcontract the construction business of the main structure of the general contracting project to other units.
These Guiding Rules shall be implemented from the date of issuance and shall be valid for 5 years.