Bid in active invite public bidding in the activity, have the person of invite public bidding of very preponderance, often be helpful for the clause of risk of oneself of self interest, avoid in the elaborate design in file of invite public bidding. Is this so called " unless a man looks out for himself,Heaven and Earth will destroy him " ? Understandable understandable! Of course in front of respecting is today the leading role of the incident that we should say---Clause of Xiang Yu the Conqueror! Say for clause of Xiang Yu the Conqueror, the project that because be in,enrols the bidder that inferior position is in in bidding to want to take next wanting namely must " for 5 bottles of rice bow " , but accept all unreasonable provisions. Build a group this year like a rising wind and scudding clouds, everybody is in wait-and-see, whether to rectify with respect to this one can will old habit is all eliminate. Shenzhen housing and construction bureau announced Guang Yu to increase not to install in construction invite public bidding recently " clause of Xiang Yu the Conqueror " the announcement of the content such as acceptance: Remove document of issuance invite public bidding from April 8, 2019, person of invite public bidding answers written consent does not set provision of Xiang Yu the Conqueror, or written declare already was examined seriously and evaluate file of invite public bidding and place to add contract provision content, if install all adverse consequence that this kind of clause causes because of holding to, will assume by proper motion of person of invite public bidding. Looking is to should lift agitation of another big punish. Material detailed information follows vast edifice ability network is small make up understand together!
Announcement text:
Accessory 1:
About be not being installed " clause of Xiang Yu the Conqueror " affirmatory book
Each bidder:
My unit (project name) the project already was had trade in Shenzhen city the postulate that the service center undertakes invite public bidding, now to contracting the unit undertakes publicity invite public bidding, my unit acceptance adds in file of invite public bidding and place do not include in the contract as identical as the following clause or the content of meaning close:
1.XX cost is responsible for a task unit until it is completed, do not adjust because of any elements when settle accounts;
The price that artificial, main material and machinery use 2. is same do not grant to move difference;
3. sends the reason that hire a person to cause incur loss through delay of time limit for a project, time limit for a project does not grant to adjust or only postpone time limit for a project, do not grant any economic compensation;
4. sends the reason that hire a person to cause project financing to cannot pay on time, the contractor answers finance continues construction, and because of,do not get this shutdown.
If file of invite public bidding is reached,afore-mentioned commitment were violated about the clause in what adding contract provision, my unit and win the bid the person follows fair principle, relevant provision negotiates an agreement separately.
Once this affirmatory book is signed serve as namely win the bid contract " agreement " component.
Unit of invite public bidding (affix one's seal) :
Date
Accessory 2:
About the setting " clause of Xiang Yu the Conqueror " the risk informs a book
(add person of invite public bidding to declare)
"Clause of Xiang Yu the Conqueror " violate fair and just principle, cause contract dispute extremely easily in practice, influence project is advanced. " cost of project of Guangdong province construction administers a regulation " (government of Guangdong province people makes the 205th) , " standard of valuation of detailed list of volume of construction project project " (GB 50500-2013) all the clause of Xiang Yu the Conqueror such as infinite to prohibiting risk was made mandatory regulation. Add contract provision with file of following invite public bidding and place identical or the expression of meaning close, change of the cost in bringing about a project possibly to carry out a process is sent more than contract bilateral and reasonable anticipate, affect a contract to fulfill:
Clause one: XX cost is responsible for a task unit until it is completed, do not adjust because of any elements when settle accounts.
Risk: The likelihood such as change of policy change, project causes corresponding cost to change considerably.
Clause 2: The price that artificial, main material and machinery use is same do not grant to move difference.
Risk: The likelihood such as policy, vicissitude of the market causes talent machine price to fluctuate considerably.
Clause 3: Reason of the person that send a package causes incur loss through delay of time limit for a project, only postpone time limit for a project, do not grant any economic compensation.
Risk: Material price rises considerably during incur loss through delay of time limit for a project wait for cost to increase considerably.
Clause 4: Reason of the person that send a package causes project financing to cannot pay on time, the contractor answers finance continues construction, and because of,do not get this shutdown.
Risk: The person that send a package is defaulted pay a contract money, cause contractor capital cost tremendous.
Person of invite public bidding declares
My unit already ground seriously read afore-mentioned risks to inform a book, examined (project name) file of project invite public bidding and place add contract provision content, during evaluating a project adequately already to carry out, each risk element reachs his to may carry out the most adverse effect that cause to this project, ensure won't carry out to the project cause adverse effect. If install all adverse consequence that this kind of clause causes because of holding to, by me unit proper motion is assumed.
Unit of invite public bidding (affix one's seal) :
Date
Make clear in the file gave out " about be not being installed " the affirmatory book of clause of Xiang Yu the Conqueror " " and " about the setting " clause of Xiang Yu the Conqueror " the risk informs a book " , the government hopes to make sure through such means invite public bidding bids fair justice of the activity undertakes, maintain the personal interest that enrols bidder. So " clause of Xiang Yu the Conqueror " specific what to have after all?
1, the requirement that there is imparity in file of invite public bidding.
(1) the change that measures about the project (be in commonly change or turn when the concessive clause that distribute a packet)
(2) about bid of bail exceed rule requirement and go back lag even divert.
(3) evaluation standard blurs or defer announce.
(4) the time of put on sale of announcement of invite public bidding and file of invite public bidding and amount.
2, the unreasonable additional requirement after open sealed tenders.
(1) doubt answers to clarify process imparity after open sealed tenders.
(2) price of again less important beg to surrender makes invite public bidding becomes discuss bid.
(3) the acceptance about mat endowment.
(4) the marry again of risk of the plan when armour cannot deliver the goods as scheduled for equipment, blueprint.
3, program of technology of the invite public bidding after invite public bidding ends uses imparity.
Of person of invite public bidding " clause of Xiang Yu the Conqueror " wait for a problem, harmed the interest of bidder badly, to these non-standard behavior phenomena, branch of construction administration director is enrolled especially bid superintendency branch should the law related the basis, code, the deepness that strengthens the job, increase the strength that set out, build open, just, fairness bid environment!
All corners of the country covers a region deep, everybody wants discretion! Everything is careful, do not let him work laboriously grabbed the mark that come down to become sweet potato of very hot hand. The hope is little the give information that compile is useful to everybody.
