Case analysis of traditional public officials' bidding

Case 1: There is a contradiction between the contract and the bidding project document, which one shall prevail?

When the project adopts the list bidding quotation, the measure fee is 0. According to the provisions of the bidding project documents, if the project is not adjusted during settlement, the measure fee will not be calculated. However, it is stipulated in the contract that if there are omissions in the list or new items are added in the bill of quantities due to design changes, the quota can be calculated. Then when the project is settled, can't this part of the fixed measure fee be counted?

A: There are contradictions between the construction project contract and the bidding project documents. The contract agreement is the expression of the true meaning of both parties, which has legal effect and ranks first in the order of interpretation. Since both parties to the contract have agreed that if there are omissions in the bill of quantities or new items are added in the bill of quantities due to design changes, the set quota can be calculated, so the measure fee for this set quota should be calculated at the time of project settlement.

Case 2: The actual transportation distance of the construction project is inconsistent with the bidding. Should the comprehensive unit price be adjusted?

When a construction project unit bids, the comprehensive unit price of one of the listed projects is calculated according to the transportation distance 10 km, but the actual transportation distance of the construction project has reached 20 km. Does the comprehensive unit price of this list item need to be adjusted?

Answer: If the construction unit clearly defines the axiom that the transportation distance is 10 in the list of bidding projects, it can be adjusted; If the list of projects subject to tender is not clear and the bidder calculates according to the axiom of 10, it cannot be adjusted.

Case 3- What is the basis for calculating the actual engineering quantity?

Our company won the bid for a project, which was priced by bill of quantities, and the quantities were not calculated carefully when quoting. According to the contract, adjustment is allowed when the engineering quantity exceeds 3%. Do you need to recalculate according to the calculation rules of drawings and lists when checking out?

Answer: If the actual engineering quantity is calculated according to the calculation rules of drawings and lists during settlement, it can be adjusted when it exceeds 3%, otherwise it cannot be adjusted, and the final settlement value of the project will be determined.

Case 4: How to determine the adjustment of engineering quantity through clear blue prints.the design or design contact list during settlement?

For a project subject to tender with a bill of quantities, it is stipulated that the winning bidder shall check the quantities with the unit that compiled the bill within one month after winning the bid. If the impact on the cost exceeds 1%, the quantities shall be adjusted. After verification by the construction project unit, it does not exceed 1%, that is, there is no adjustment. Now that the project has been finalized, there are the following problems: the unclear parts on the drawings are clearly defined in the joint review of drawings or the design contact list. Should this part count? (For example, the drawing clearly indicates a certain part of the beam, but does not indicate the beam number, and then clearly indicates the beam number; The beam number is marked, but there is no detailed drawing of this beam at all. In this case, will the workload of the beam increase? And steel bars?

Answer: This part is clearly stipulated in the joint review of drawings or design contact sheet, and should be calculated. Re-check the difference in the number of items. When checking the difference, compare the sum of the quantities verified after winning the bid and the quantities adjusted after clarifying the components with the quantities in the bidding project documents. If the impact of the increased engineering quantity on the project cost exceeds 1%, it needs to be adjusted, otherwise it will not be adjusted.

The change of beam depends on the actual situation, whether it is design change or on-site visa. If it is not in principle, it should not be adjusted, which is the reason why the pre-audit of engineering quantity is not allowed. If there is any design change or on-site visa, the settlement shall be made according to the requirements of the design change clause in the contract. In principle, the amount of pre-audit projects and design changes should not be accumulated.

Case 5-Is it reasonable not to charge management fees for the excess part when the engineering quantity increases by more than half of the bill of quantities?

The actual quantities I settled exceeded the bill quantities, which were provided by the owner. When adjusting the engineering quantity at the time of settlement, the owner proposed to re-analyze the unit price of the engineering quantity. Because the engineering quantity increased by more than half of the bill of quantities, it is not allowed to calculate the management fee when analyzing the unit price. Is it reasonable?

Answer: It mainly depends on the contract. If it is clearly stated in the contract, the contract shall prevail. If not, it is unreasonable for the owner to do so. The principles of valuation with bill of quantities are macro-control by the government, independent quotation by enterprises, price formation by the market and constant comprehensive unit price. The final settlement is calculated by multiplying the comprehensive unit price recognized by both parties at the time of bidding by the actual engineering quantity. It is unreasonable for the owner to increase the actual engineering quantity by more than half of the bill of quantities. When analyzing the unit price, it is not allowed to calculate the management fee when the management fee exceeds part of the engineering quantity and re-analyze the unit price.

Case 6: What is the basis for calculating the actual engineering quantity?

Our company won the bid for a project, which was priced by bill of quantities, and the quantities were not calculated carefully when quoting. According to the contract, adjustment is allowed when the engineering quantity exceeds 3%. Do you need to recalculate according to the calculation rules of drawings and lists when checking out?

Answer: If the actual engineering quantity is calculated according to the calculation rules of drawings and lists during settlement, it can be adjusted when it exceeds 3%, otherwise it cannot be adjusted, and the final settlement value of the project will be determined.

Case 7- How to apply the quota to the sub-items caused by drawing changes?

Due to the change of drawings, the original reserved pipe hole for concrete pouring was cancelled, and now the reserved hole needs to be blocked and waterproof. How to apply the quota for reserved holes, blocked holes and waterproof treatment?

Answer: The hole can be blocked with cast-in-place sporadic concrete. However, there is a problem. Generally, the reserved pipe holes are very small. If the engineering quantity is calculated according to the quota calculation rules, the calculated price will be very small, and the construction project unit will lose money, even the basic material cost is not enough. In the construction project site, in this case, it is generally to negotiate with Party A and sign a market price, which is simple and will not lose money. Case 8: How to deal with the change of the original quota materials?

Case 8: How to deal with the oversupply of materials provided by Party A?

We sign all materials for Party A in the project contract. Do we return the materials supplied by Party A according to Party A's original documents (picking list) at the time of settlement?

Answer: It needs to be settled according to the settlement method stipulated in the contract. This treatment is reasonable in principle, but there will also be unreasonable situations, that is, when the actual consumption of materials and supplies are different, it will be entangled. That is what we often call "material shortage". If the budget of the reinforcement material project is100t, Party B has received 200t. If the supply price of Party A is lower than the market price, Party A will still return the materials according to the original documents (picking list), so Party A will suffer economic losses. If the supply price of Party A is higher than the market price, Party B will suffer losses. Another example is wood, the budget consumption needs 50 cubic meters, and the construction project unit has taken other feasible measures by strengthening management, which has enhanced the turnover times of templates and actually collected 10 cubic meters. If the materials are still returned according to the original voucher (material requisition), the construction project unit will lose a lot. Now there is a way to deal with this problem: Party A supplies materials according to a fixed budget quantity and deducts materials according to the budget price. For the part of materials provided by Party A that exceeds the budget, Party A will deduct it at a high price according to the market price. For the part supplied by Party A that is less than the budgeted amount, the material cost is still calculated according to the budgeted amount, and the material cost is deducted according to the actual supply amount, and the balance belongs to the construction project unit.

Case 9- The transportation distance of the actual construction project is inconsistent with the bidding. Should the comprehensive unit price be adjusted?

When a construction project unit bids, the comprehensive unit price of one of the listed projects is calculated according to the transportation distance 10 km, but the actual transportation distance of the construction project has reached 20 km. Does the comprehensive unit price of this list item need to be adjusted?

Answer: If the construction unit clearly defines the axiom that the transportation distance is 10 in the list of bidding projects, it can be adjusted; If the list of projects subject to tender is not clear and the bidder calculates according to the axiom of 10, it cannot be adjusted.

Case 10: Does lump sum contract need to recalculate the settlement quantity? Do you need a visa for concealed work?

Do you need to recalculate the quantity of list items in lump sum contract during settlement? Do you need a visa for the hidden items in the general contract list? Do the concealed works in the bidding project not meet the design requirements and need to be adjusted?

A:

1, turnkey contract, as I understand it, is a fixed turnkey contract, that is to say, a sealing project. This kind of contract is generally applicable to small-scale projects, simple structure, short construction period, full predictability of material prices and geological conditions during the construction project period, or reference to the same price of finished buildings in a certain area, and can bear certain market risks, before signing a fixed lump sum contract. The number of items listed in lump sum contract has been calculated before the contract is signed, and it is not necessary to recalculate;

2. Concealed items in the general contract list must be recorded in the acceptance of concealed items. As for whether to apply for a visa, it depends on whether there is any change;

3. The concealed works within the scope of the project subject to tender are not constructed according to the design requirements, which belong to the change content and need to be adjusted (except those not adjusted in the contract).

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