招投标外文文献
工程造价外文参考文献(精选120个最新)
[18]Richard Opoku,Isaac Adjei Edwin,Kofi A. Agyarko. Energy efficiency and cost saving opportunities in public and commercial buildings in developing countries – The case of air-conditioners in Ghana[J]. Journal of Cleaner Production,2019,230.
[4]Ricardo Mateus,Sandra Monteiro Silva,Manuela Guedes de Almeida. Environmental and cost life cycle analysis of the impact of using solar systems in energy renovation of Southern European single-family buildings[J]. Renewable Energy,2019,137.
[22]A. Yu,J. Hay,K.M. Zangwill. PIN40 POST-OPERATIVE ANTIBIOTIC COST PROJECT: DISCONTINUATION OF ANTIMICROBIAL PROPHYLAXIS AFTER SURGICAL INCISION CLOSURE[J]. Value in Health,2019,22.
招投标法律与合同管理的重要参考文献推荐
该书通过对合同管理实践中容易出现的陷阱和误区进行剖析，提出了有效的防范策略和应对方法。
PART 05
未来发展趋势与展望
REPORTING
招投标电子化趋势
电子招投标系统建设
随着互联网技术的发展，电子招投标系统逐渐成为主流，实现招标、投标、评标等全流程 电子化，提高招投标效率。
重要意义
是招标投标领域的基本法律，对于规范市场秩序、促进公平竞争具有重 要作用。
《中华人民共和国合同法》
01
02
03
立法背景
为保护合同当事人的合法 权益，维护社会经济秩序 ，促进社会主义现代化建 设。
主要内容
规定了合同的订立、效力 企业内部制度调整与完善
根据政策法规的变动，及时调整企业内部相关制度，确保企业运营 合规性。
积极应对与风险防范
针对政策法规变动可能带来的风险和挑战，企业应积极制定应对措 施，加强风险防范意识，降低潜在损失。
THANKS
感谢观看
REPORTING
《招投标法律实务指南》
本书结合招投标实践，对招投标法律制度、操作程序、监管措施等进行了全面阐 述，为实践工作提供了有力指导。
《合同管理实务手册》
该书以合同管理实践为基础，详细介绍了合同起草、审查、签订、履行等各个环 节的操作要点和注意事项。
经验教训总结
《招投标法律风险防范与应对》
本书总结了招投标过程中常见的法律风险和问题，提出了相应的防范和应对措施，为企业规避风险提 供了宝贵经验。
招投标活动应当遵循竞争择优的原则 ，通过比较投标人的报价、技术、信 誉等因素，选择最优的投标人。
诚实信用原则
招投标活动应当遵循诚实信用的原则 ，投标人应当如实提供资格证明文件 和投标文件，不得弄虚作假。
招投标外文文献
外文文献：The Significance of the Tendering Contract on The Opportunities for Clients to Encourage Contractor-led Innovation ABSTRACTDuring the tendering process for most major construction contracts there is the opportunity for bidders to suggest alternative innovative solutions. Clearly clients are keen to take advantage of these opportunities, and equally contractors want to use their expertise to establish competitive advantage. Both parties may very well benefit from the encouragement of such innovation and the availability of cheaper methods of construction than have been contemplated by the tendering authority.However recent developments in common law have raised doubts about the ability of owners to seek alternative tenders without placing themselves at risk of litigation. This common law has recognised the existence of the so-called ‘tendering contract’ or ‘process contract’. Since the tendering process is inherently price competitive, the application of the tendering contract concept is likely to severely inhibit the opportunity for alternative tenders.This paper is primarily based on the literature review. The aim of this paper is to highlight the problems with the competitive tendering process in relation to contractor-led innovation and explore ways in which owners can develop procurement procedures that will allow and encourage innovation from contractors.PROBLEMS WITH COMPETITIVE TENDERINGThe traditional tendering process was designed to produce direct price competition for a specified product. Evaluation of tenders could only be confined to price alone by creating a system in which price is the only criterion that could vary while design and technical content are the same for each competing tender. Albeit the contract period is stipulated as constant, owners often encourage tenderers to submit a second tender which offers an alternative price for an alternative time performance. Tenderers would achieve this by reworking their tender programme, finding the optimum contract period, and adjusting the tender price accordingly. Each tenderer would compete to find novel ways of organising the work method that would allow not only the minimum construction cost but also maximum profit margin within the priceproposed. However, this process is always confined by the boundary of the owner’s design. In this way, the successful tenderer’s scope to be innovative is very limited .When evaluating alternative tenders, the owner is confronted with the duty of equal treatment and fairness to all tenderers. If one is to be preferred on an alternative tender, which is not a conforming tender in terms of the original invitation, how can all tenderers be treated equally and fairly Any individualism exhibited on the part of a tenderer outside the permitted scope of price and time must disqualify that tender from the owner’s consideration because it does not conform to the invitation. Therefore, the traditional tendering process prevents, restricts or even discourages contractor-led innovation .Songer and Ibbs believed that the use of design-and-build procurement method would encourage innovation in the building process. This procurement method imposes single point responsibility on contractor for the complete building and its tendering processdiffer from that of the traditional procurement method in that it must be capable of evaluating design as well as production capability, time and price, all on a competitive basis. This is not easy. Competitive design is not easy to evaluate in the context of tendering. The objectivity appears to be replaced by subjectivity in picking the winner, and the apparent integrity of the bidding process is lost, unless very clear criteria are established at the outset for evaluation of competing designs. This also means to say that the tender process rules must be designed as such that itencourages contractor-led innovation, yet at the same time places some limit on the scope for such innovation. The limits must be such that the project delivered is still the project for which tenders were invited. Songer and Ibbs, with respect to this aspect, asserted that one concern of public agencies is how to allow for innovation while maintaining appropriate control of certain design aspects of the project. Determining an appropriate balance of innovation and control in design and adequately communicating the desired balance to potential design-and-build tenderers provides a significant challenge to public sector agencies.THE ‘TENDERING CONTRACT’Developments i n the law relating to tenders traditionally treated an ‘invitation to tender’ or a ‘request for tenders’ as no more than an invitation to treat, an indication that the owner was ready to do business –something prior to and short of an offer . In other words, an invitation to treat was not an offer to make a contract with any person who might act on theinvitation, but merely a first step in negotiation which may, or may not, lead to a contract. When each tenderer submitted its tender in the prescribed form, it amounted to an offer which could be regarded as an offer to makea contract. If the offer met with unequivocal acceptance, contractual obligation arose between the owner and the successful tenderer .Recently, the modern view turns this theory upside down. There exists what is known as the ‘two contract’ analysis involving the emergence of the ‘tendering contract’. The invitation to tender is now in some circumstances to be treated as an offer to make a contract which a tenderer accepts when it submits a conforming tender. The owner makes an offer to each tenderer which might be worded as follows:“If you submit a tender in response to my invitation and which complies with the stipulations made, I will consider that tender …” .There is no obligation at all at this point on the side of the tenderers, but if a conforming tender is submitted, a contract is formed between owner and tenderer which has been described here as the ‘tendering contract’ or described elsewhere as a ‘pre-award contract’ or ‘process contract’. This contract is quite distinct from the contract eventually entered into with the successful tenderer, called the main contract. Obligations of a contractual nature therefore arise between the owner and each tenderer who has submitted a proposal. Justas the tender contract places obligations on the owner, each tender also imposes obligations on the tenderer. Once the tender has been submitted to the owner, meaning the tender or first contract has been formed, the owner becomes obliged to each tenderer to perform its side of bargain, which at this stage is an obligation to consider all conforming tenders. By the same token, tenderers become obliged to not simply withdraw their tender, the tender will remain open for a stipulated period of time. Under the ‘two contract’ principle,a tenderer who makes a mistake may find that thetender is accepted with no opportunity to escape even if there is an error in tender compilation .For the sake of clarity, it may be stated that the submission of a conforming tender in response to an invitation can create contractual obligations for both parties. In the case: Ontario v. Ron Engineering & Construction Eastern Ltd, the Court of Canada held that a contract was brought into being automatically upon the submission of a responsive tender by each tenderer. Having established that a ‘tendering contract’ exists, it is then important to constitute what theterms are of that contract. The terms are derived from the tender conditions, the ‘tendercode’, and other relevant material such as legislation and correspondence . All or some of the provisions of the ‘tender code’ may be incorporated in the ‘tendering contract’ by reference and/or by implication. A terms may be implied to the effect that the owner must consider all conforming tenders, must treat all tenderers equally and fairly, and must award only a contract for the project tendered for.GUIDANCE ON CONTRACTOR SELECTIONThe Significance of Probity in TenderingProbity is defined in various dicti onaries as “moral excellence, integrity, uprightness, conscientiousness, honesty, sincerity”. In the tendering context, it generally depends upon confidentiality of documentation and decision making, objective and consistent assessment at each phase of decision making and resolution of any possible, perceived or actual conflicts of interest. Thus, one of the primary objectives of probity in tendering is to maintain the integrity of the bidding process. The Canadian court in the Ron Engineering case referred to this as the obligation of owners to treat all tenderers equally and fairly.Johnstone asserts that transparency in the entire contracting out process is essential so that potential contractors and members of the public can have confidence in the outcomes. If integrity and impartiality are not evident, tenderers may be reluctant to make a bid, the formulation of which requires significant amount of time and resources. In that case, competition is likely to be lessened and the best value for money may not be achieved.In principle, recent development in common law attempts to maintain some integrity in the tendering process by recognising the existence of the parties’ obligations to one another so that the owner cannot simply reject or accept tenders as it pleases, or cannot negotiate with one or more tenderers to produce satisfactory deal. As mentioned previously, the contractual obligation between the parties is referred to as the ‘tendering contract’. Breach of the ‘tendering contract’ entitles the injured party to the normal remedy of damages. Probity in the tendering process ensures that fair and equal treatment to all tenderers is put in place and maintained so that no term of the ‘tendering contract’ is likely to be breached. Accordi ng to Johnstone, common probity objectives are:·to ensure all respondents are assessed objectively and consistently· to ensure integrity in all evaluation and selection process· to ensure all confidential information is secured· to address any potential, or actual conflicts of interest· to promote defensibility of process.Guidelines to Avoid Breach of the ‘Tendering Contract’ in the Competitive Bidding Process On conclusion, Craig suggests some guidelines on how alternative tenders and tenders involving design proposals might be taken legitimately by the owner so as to avoid or minimise the likelihood of the clients placing themselves at risk of litigation due to a breach of the contractual obligations arising out of the ‘tendering contract’. They are specified as follows.· Under the ‘tendering contract’ the owner is obliged to treat all tenders equally and fairly. All conforming tenders must therefore be considered.·An effective ‘privilege clause’ which says something like “any tender will notnecessarily be accepted” will normally prevent an owner becoming obliged to accept any tender. All tenders may therefore be properly rejected. On the other hand, a term to the effect that a contract will be awarded to the lowest, or highest, bidder is enforceable. This implies that an owner cannot use the ‘privilege clause’ as an excuse for deviating from the contract evaluation and award criteria set down in the tender invitation or documents. Or, put it another way, the‘privi lege clause’ does not allow the owner to: (i) choose comparatively among the tenderers based on criteria that has not been disclosed to the tenderers; or (ii) to award to another tenderer or another person something other than the main contract.· It would be a breach of the tendering obligation of equal and fair treatment for the owner to negotiate with one tenderer on terms which do not apply to other tenderers.·All tenderers are entitled to know the basis on which tenders will be evaluated and on which acontract-award decision will be made.·If innovation from tenderers is required, an owner must expressly create the right for a tenderer to submit an alternative tender. If the right then exists, the owner is obliged to consider such proposals. Tenderers must be informed of criteria for evaluation of such alternative proposals.·Tender conditions must define the scope of alternative tenders. That scope must be not too tight so as to restrict innovation, but not too wide so as to result in a proposal for a schemequite different to the one originally tendered for.·Tender conditions for projects involving design must include criteria for evaluating that design. The criteria must be made known to all tenderers.·It is a breach of the ‘tendering contract’ for the owner to award a contract to a tenderer who offers something different to what was asked for in the invitation to tender.Furthermore, Johnstone adds·Invitation document should be accessible to all potential bidders. They should be expressed in readily understood terms.· It is easier to formulate appropriate selection criteria when the project specifications are developed first. Clear specifications and selection criteria assist possible contractors to formulate bids appropriately.· A policy in relation to non-conforming bids should be formulated and documented in the invitation documentation.·Often assessment of bids will involve a number of assessment panels. In this situation, there should be a separation of assessment panels. For example, a panel of experts may review financial viability whilst another will look at those same bids from a design perspective. Assessment panels would commonly be quarantined through the evaluation period. SUMMARYThis paper highlights the problems with competitive tendering in relation to contractor-led innovation. In the traditional method, contractor-led innovation may be encouraged at the tendering stage. However, to enable acceptance by the owner, criteria for evaluation of and the scope of alternative tenders must be clearly defined in the tender document. By the same token, tender conditions for projects involving design must include criteria for evaluating that design t.Guidance has been outlined of how to reduce the risk of owner falling into a breach of the ‘tendering contract’ in the competitive tendering process when it involves alternative tenders or design proposals. One of the alternative contractor selection methods identified has been briefly described.。
国内招标文件英文文献
1. IntroductionThis document constitutes the Invitation for Bids (IFB) for the supply of office furniture for [Company Name], located at [Company Address]. The [Company Name] is seeking to acquire high-quality office furniture that meets the specified requirements to enhance the working environment of our employees. All interested bidders are invited to submit their bids in accordance with the terms and conditions outlined below.2. Scope of WorkThe scope of work includes the supply and delivery of office furniture as per the specifications provided in this IFB. The bidder shall be responsible for the following:- Supplying all types of office furniture, including but not limited to desks, chairs, cabinets, shelves, and tables.- Ensuring that all furniture supplied meets the quality standards and specifications as mentioned in this IFB.- Providing installation services for the supplied furniture.- Offering after-sales services, including maintenance and repairs, for a period of [X] years from the date of installation.3. Eligibility RequirementsTo be eligible to bid on this project, the bidder must meet thefollowing requirements:- Be a legally registered entity in China.- Have a minimum of [X] years of experience in the supply of office furniture.- Have a valid business license and tax registration certificate.- Be financially stable and capable of fulfilling the contractual obligations.- Have no record of serious breaches of contract or legal disputes with previous clients.4. Bid DocumentsThe bid documents can be obtained from [Company Name] by making a written request to [Contact Person] at [Contact Email]. The bid documents shall include:- A copy of the bidder’s business license and tax registration certificate.- A detailed company profile, including experience, portfolio, and references.- A list of similar projects completed in the past [X] years.- A detailed bid proposal, including the following:- Description of the office furniture to be supplied.- Quantity and specifications of each item.- Detailed price quotation, including unit price and total cost.- Proposed timeline for delivery and installation.- After-sales service and maintenance plan.5. Bidding Process- The deadline for submission of bids is [Date]. Bids received after this date will not be considered.- Bids should be submitted in sealed envelopes marked “Bid for Office Furniture Supply”.- The bid submission address is [Company Address].- The bidder must ensure that the bid is complete, accurate, and complies with all the requirements specified in this IFB.- [Company Name] reserves the right to reject any bid that does not meet the eligibility requirements or does not comply with the terms and conditions of this IFB.6. Evaluation CriteriaThe bids will be evaluated based on the following criteria:- Compliance with the technical specifications and requirements.- Quality of the office furniture and after-sales services.- Price competitiveness.- Bidder’s experience and track record.7. Contractual TermsThe selected bidder will be required to enter into a formal contract with [Company Name]. The contract will include the following terms and conditions:- Delivery schedule and penalties for delays.- Payment terms and conditions.- Warranty and after-sales service obligations.- Dispute resolution mechanism.8. Miscellaneous- All communications related to this bid should be sent to [Contact Person] at [Contact Email].- [Company Name] reserves the right to cancel or terminate this bid process at any time without prior notice.- Any bid submitted shall be binding on the bidder for a period of [X] days from the bid submission deadline.9. Contact InformationFor any inquiries or clarification regarding this bid, please contact:[Contact Person][Contact Title] [Company Name][Company Address] [Contact Email][Contact Phone Number] End of Invitation for Bids [Company Name][Date]。
工程管理建设招投标中英文对照外文翻译文献
中英文对照外文翻译(文档含英文原文和中文翻译)Research on the Bidding System of Construction Project in China Compared with Foreign Countries(The comparison of domestic and foreign construction project bidding system)AbstractFollowing through the comparative analysis of the bidding system in USA, Hongkong and France, and points out some characters in bidding for developed countries and regions, and puts forward some enlightenment China bidding system. Use them as a reference, this is a very important guiding role, to promote the development of Chinese current bidding system in theory. The results of this study will show the pressure and significance, to standardize the bidding market in China, but also to promote the domestic bidding market highlights the problem and solve a clear direction, but also conducive to the construction industry to improve the management leveland international competitiveness in Chinese. As a member of WTO, the leading international construction market is Chinese.1.INTRODUCTIONBidding originated from Britain firstly. In 1782, Britain was apioneer in setting up Stationery Public Bureau, and then developed as Material Supply Department, which was a section in government purchasing office supplies, which was setting up afoundation for developing of advertised bidding (Liangetal. 2006).In China, in 1980, the State Council proposed in “Interim Provisions of Development and Protection Socialism Competition”:“we may try bidding and submitting a bidding in some constructing programs and management which are suitable to using contract”,and then our country tried to adopting bidding model (Bai 1999).In Nov. 1984, State Planning Commission and City and Countryside Construction Environmental Protection Department formulated “Interim Provisions of Construction Project Tender and Bid”, which marked starting officially bidding for construction.Nowadays, bidding has been the main way in trading in construction, and been paid close attention by the society. However,generally speaking, the system in bidding for construction in our country isn’t enough mature. Whatever in theory or in practice,there are many problems need to be researched. This paper comparatively analyzes the bidding system among USA, HongKong and French regions, and gets some characters in bidding in developed countries and regions, then puts forward some revelations of the bidding system to China2.BIDDING SYSTEM IN DEVELOPED COUNTRIESAND REGIONS2.1 Bidding System in USABidding system in USA is one of the most influentially all over the world. There are some characters below in construction bidding in USA(1)Carrying out construction bidding system and management from many channels. USA belongs to common genealogy of law,but USA carrying out construction bidding system and management from many channels, and among which some below clauses are carried out widely: different kinds of clauses made by AIA; subletting contract’s standard format by AGCA; arbitration rules in construction made by AAA; standard clauses made by ETCDC; standard contract format by federal government. Every state in USA has law in construction bidding, and the enforcement of the law is very strictly.(2)Tenders team is different. Large, medium and small sized projects all need bidding. For example, project’s amount of investment is 10,000~20,000 can use bidding, but the government can manage the bidding of private company through the daily departments. The government sets up a whole institution which is made up by designers，architects or depositaries, which carrying out bidding publicly .Once the above departments being set up,they can charge the feasibility study of the project, choosing the contractors for the bidding of the projects and admin in the carrying out the projects, the whole project can be finished by technicians who have professional certifications.(3)Bidding can be carrying out by owners, and the bidding companies have no quota restrictions, but the certifications,prestige and bidding price of the companies may interact each other. If the quantity of the bidding project exceeds 50,000 dollars,the company should pass prequalification of prospective bidders.The contractors’level should beexamined by the department which make credit verifying, the contractors should take the relevant projects , in particular cases, it just exceed 10% of the quantity.(4)The principle of bid evaluation and bid picket age. Usually the bidder whose bidding price is least can get the bid. Generally,principle of the bidding can be ensured by adopting the total prices or the unit price. In the definite principle, neither the too low price nor the too high price is chosen. But more attention should be paid to the trap of the bidding.2.2 The Bidding System in Hong KongHong Kong is the place which is full of the construction contractors. Mostly, if the owner invests on a construction project,he will entrust the consultant firms, thus, the compiling of bidding documents is finished by consultant films. The bidding system in Hong Kong follows Britain, which has no normalized price, only has “Hong Kong Standard Method of Measurement of Building Works”. The price adjustment in Hong Kong is decided by the quotation which is published by Hong Kong Counts Bureau, the contractors compute the price adjustment according the quotation.Thus, the price is absolutely according to the behavior of company or human.The announcement of tender of construction project in Hong Kong is published in evening paper every Friday, so according to the project in the paper, the contractors who have the license with the ratification by Engineering Bureau can participate the bidding(Liang 2003). The bidders in Hong Kong should study the projects,read the every clause in bidding documents and drawings. If they have something not understood or lack of the drawings, they should see them in company, and they also make physical verification. Generally, the bidders should understand everything before bidding, otherwise the owners may not charge for the loss of bidding.It is the characters of the price of the bidding in Hong Kong that the owners should give the bidding documents which include drawings and list of items. The bidders should fill the entire unit price and every kind of cost, according to the list of item. Because there aren’t coherent price standard, with the competition among the contractors, the bidders can bid according to the above documents. The character is no restrictions. In fact, the bidders give their price through contacting with the contractors and supplier and making analysis.2.3 The Bidding System in French RegionsThe main character of bidding in French regions is the project sad opting Append Offers and Adjudication (Liu 1999). Append Offers is the main method of bidding in French regions, which is similar to competitive bidding carried out by the World Bank.The characters of Append offers are: (1) to permit the bidders give some cases according to the clauses of bidding, so the bidders have much space to choose; (2) The bid opening is secret. Before the bidding in French regions, the tender committee should be founded. In the bidding, the committee usually becomes jury. For example, in the adjudication, firstly, the bidder or the committee exist; secondly, the owners publish the bidding bulletin, and request the contractors submitting the bidding application and some relative documents; thirdly, the committee exams the qualifications of the bidders; fourthly, the recognized contractors give the bidding price; fifthly, the committee exam the bidding price again.The characters of Adjudication are: (1) the bidders can give either the total price or the unit price; (2) the price of every bidder must be announced separately; (3) if there is at least one bidders price which is below the pre-tender price, the award result should be announced. If all the bid prices exceed the 20% of the pre-tender price, it would fail. The bidders can modify the conditions of the bid and bid again. All the above characters avoid the informal acts.The bidding system in the French regions restricts the informal acts in the bidding. Especially the bidders make the price in the special bidding, in the case of thebidding price being below the standard price, the lowest price should be successful.The French regions adopt the Append Offers and Adjudication, so the evaluation and the picket age of the bid are concise. After the committee makes the bid opening publicly, it gives the bid temporarily. If there is no price below the acceptable price, the committee can ask the bidders to make bid again; if there is no acceptable price, the committee would announce the bid failed. And the committee exam the price again in 10 days, so there is adequate time to study the bid documents and bid price again and again 3.THE REVELATION OF THE BIDDING SYSTEM INDEVELOPED COUNTRIES AND REGIONS TO CHINA3.1 The Law System of Developed Countries and Regions Is Relatively PerfectForeign countries pay more attention to setting up and perfecting the law system of bidding. For many years, European Union has got good grade in promoting the all-in-one in law system of bidding among the states, and it sets up a series of laws, so the states’bid laws are the reification of European Union’s laws, and there is no principle difference. Though there are some differences in adjective provision, it must be in keeping with the total laws.From 1st Jan. 1999, Euro bore as the unique cash, which consolidates and develops the unifying the bid laws, and make spositive militate.In China, the bid laws have 3 levels (Wen 2005): first of all,the laws set up by National People's Congress and standing committee, for example, “The Law of the People’s Republic of China on Bid Invitation and Bidding”; the second level is bid laws set by State Council and other bid laws set by some Place National People's Congress; the third level is the bid laws set by some departments in State Council and the government, for example,“Engineering construction tender policing method”set up by Construction. The laws have carried out in 20 years, and the systems have been a whole system, which like in USA and EU, but in the bidding, there are some faults in carrying out the laws.The bidding is one of many economic actions. The principles of the bidding are just, fair and open. The better the law system setup, the more detailed the regulation made, and the more standard the bidding carried out. The problems, such as tendentious bidding,string bidding, nonstandard evaluating, can also be found in USA and EU. But there are relative perfect laws in USA and EU, so it can contact with criminal laws. However, the bid law is not enough perfect in China. There main are “The Law of the People’s Republic of China on Bid Invitation and Bidding”, “Building Ordinance”and so on, and the biddings of construction project are mainly based on laws set up by Constructive Department. See from the carrying out the biddings of construction project, the laws and legislations are too general to easily carrying out the laws. For example, in dealing with the complaints about the bidding, every department basically deal with the problem in their own way and in their own understanding, and the similar case may has the different results in different regions. If correlative enterprises can’t accept the result for the dealing with complaints, they will appeal to the senior department. In USA and EU, the plaintiffs and defendants are always bidders but not government. In the dealing with the dispute in economic actions, the governments are primary inter ceder. But in China, finallyaccording to the “Administrative Approval Law”, the defendants become the administrators. Thus,all of these need to go step further studying and discussion, and then we should enrich and perfect the laws and legislations which are accord with China. Learning from the methods of USA and EU,China will make the dealing with the complaints standardized.3.2 The Developed Countries and Regions Quite Pay much Attention to the Research on Bidders' Preliminary BehaviorDeveloped countries' bidders are quite earnest to the earlier period research, from the environment analysis, the public relations strategy and so on, studying item by item. But in our countries,bidders neglect this aspect, and muddled investment, the blind decision-making, brings the massive loss for the enterprise and the country. Table 1 has listed the related main points of the earlier period research, for making analysis and research.It can be seen from the table that the bidders’idea in study the tendering project is essentially different compared with developed countries. So it is a favorable way of strengthening the earlier period research of bidding, to improve the rate of successful bids,and standardize bidding markets and increase enterprises’social image, enhance economic benefit.Table 1: Comparative Table of Earlier Period of Bidding between China and Developed3.3 The Bidding Procedure and Operation in Developed Countries and Regions Is more ReasonableBidding procedure and operation is one of the core content in an ational bidding system. Normative bidding procedures and operation is a perfect embodiment in a national bidding system Bidding operation mode includes bid opening, bid evaluation, bid award, and so on. It has two main principles: competition in public and protection the behalf of tenders and bidders. These two principles must be observed in bid opening, bid evaluation, and bid award. In practice, there is a greater difference between China and USA in bidopening, bid evaluation, and bid award, see table 2Table 2: Comparative Table of Bidding Procedures and Operation between China and3.4 The Bid Evaluation and Bid Picketage in Developed Countries and Regions Are StricterThe bid evaluation of international projects in developed countries is conducted in secret, which normally takes 10-15 days. The bide valuation of international projects is charged by the owners generally, and the method is: (l) an evaluation committee is established, charged by chief economist, composed with experts from engineering, technology, construction, planning, finance,accounting, cost, economy, contracts, legal and other aspects,which works in the joint office, discusses and consults collectively,evaluates the bid comparatively; (2) to hand out the bid document to the engineering, construction management, planning and scheduling, financial accounting, legal adviser, Chief Economist,and other functional departments for analysis and evaluation, to form theevaluation report by the final uniform evaluation results;(3) to ensure 2-3 bid award candidates and then review the qualifications, only the passed qualified bidder, be the award bidder can.The bid evaluation in China is also carried out in relative secrecy, but the time of evaluation is quite shorter, usually in about two hours, so the evaluation process only stays on the surface,which can not evaluate the inherent meaning of the bid, resulting in lots of problems and disputes after awarding the bid. Though the bid evaluation is organized by the owners in most areas of China,the evaluation committee also contains many administrative persons. So, the evaluation lacks of fair and just sometimes, with government intervention, the black-box operations and so on. The method of bid picketage is essentially different between China and developed countries. In China, comprehensive evaluation score are usually used. If the first high score bid is lowest in bid price, then no doubt that the award bidder. If the second high score bidder is in five score discrepancy with the first, the owners can choose one as the award bidder from the two candidates.This shows that the time of bid evaluation in China is only one fortieth of developed countries, and comprehensive evaluation is not accurate, so the owners always can’t choose the right contractor. So further study should be made to standardize the bid evaluation and bid picke tage.3.5The Bidding Management in Developed Countries and Regions is more StandardizedIn the bidding management in China, the government' sad ministrative interference is relatively strong. This is mainly because bidding system in China is not perfect. Currently, bidding supervision of projects invested by government is charged by the administrative departments in China.These administrative departments also charge the complaints of the bidders and other stakeholders, and cognizance the qualification of the tender agencies. Such management method is essentially self-monitoring, self-supervising, and it’s difficult to fundamentally form by supervisors and overseers of mutual relations between the checks and balances. In particular, with the existing management system for projects invested by government,some departments directly intervene in the management of projects,especially direct intervene the bidding activities, and some responsible person of the departments also serves as project leader .Considering from the interests of the departments, the industry and individual, it’s difficult to form a mechanism to supervise the activities of bidding strictly.The bidding management of US government is quite perfect.Its five plate systems, that are tender system in public, operating system standardization and accreditation system providers, audit system, delivery tracking system, make government officials have no chance to intervene the bidding process by administrative interferences, but focus on the establishment and management of the contract process. In a word, the bidding and operating system in developed countries is fairly perfect, comparatively, there is a large disparity in China.CONCLUSIONSThrough the above comparative analysis of the domestic system of bidding and bidding system in developed countries and regions, found in the China bidding system for the implementation of the defects and shortcomings, it also highlights the need to recruit China specification and the significance of the bidding market. Our country can learn from the bidding system of developed countries and regions, promote the improvement of Chinese current bidding system, and find an important direction in the theory. In order to better and more problems existing in bidding and implementation of vulnerability solutionto the domestic construction projects, to perfect the legal construction bidding and bidding market, even to the social economy have made an important and positive role. So whether it is in the current bidding position of the elite or is engaged in the bidding work of college students, should understand the bidding content, always pay attention to improvement and perfecting the system of bidding bidding, and in the case of conditions for domestic bidding and perfecting system of bidding to make a little of his own contribution. References:[1]Bai, H. Y. (1999). “Development and Application of Bid and Tender in Our Country.” Information System Engineering, (10), 20 pp.[2]Liang, W. (2003). “Bid of Project Constrution of Works Bureau in Hong Kong.” Construction Economy, (3), 31-33.[3]Liang, Y. P., Yu, X. F., and Zhang, A. Q. (2006). “Perfect the System of the Government Procument Using International Experience for Reference.” Theoretical Exploration, (2), 130-132.[4]Liu, Z. (1999). Practice of the Law of the People’s Republic of China on Bid Invitation and Bidding, Xiyuan Press, Beijing, China, 1489-1561. Wen, J. (2005). “Where is Our Disparity? Compare of Bi dding between China and USA.” Honesty Outlook, (2), 6-7.[5]Casinelli, Massimoluigi (Casinelli Associates) Source: Cost Engineering (Morgantown, West Virginia), v 47, n 2, p 21-27, February 2005对比国内外建设项目招投标制度摘要下面通过对比分析了招投标制中美国，香港及法国地区，并指出了一些字符在竞标发达的国家和地区，并提出了招投标系统的一些启示中国。
建筑英文文献及翻译
建筑英文文献及翻译第一篇：建筑英文文献及翻译外文原文出处: NATO Science for Peace and Security Series C: Environmental Security, 2009, Increasing Seismic Safety by Combining Engineering Technologies and Seismological Data, Pages 147-149动力性能对建筑物的破坏引言：建筑物在地震的作用下，和一些薄弱的建筑结构中，动力学性能扮演了一个很重要的角色。
特别是要满足最基本的震动周期，无论是在设计的新建筑，或者是评估已经有的建筑，使他们可以了解地震的影响。
许多标准(例如：欧标，2003；欧标，2006)，建议用简单的表达式来表达一个建筑物的高度和他的基本周期。
这样的表达式被牢记在心，得出标定设计(高尔和乔谱拉人，1997)，从而人为的低估了标准周期。
因为这个原因，他们通常提供比较低的设计标准当与那些把设计基础标准牢记在心的人(例：乔普拉本和高尔，2000)。
当后者从已进行仔细建立的数字模型中得到数值(例：克劳利普和皮诺，2004；普里斯特利权威，2007)。
当数字估计与周围震动测量的实验结果相比较，有大的差异，提供非常低的周期标准(例：纳瓦洛苏达权威，2004)。
一个概述不同的方式比较确切的结果刊登在马西和马里奥(2008)；另外，一个高级的表达式来指定更有说服力的坚固建筑类型，提出了更加准确的结构参数表(建筑高度，开裂，空隙填实，等等)。
联系基础和上层建筑的震动周期可能发生共振的效果。
这个原因对于他们的振动，可能建筑物和土地在非线性运动下受到到破坏，这个必须被重视。
通常，结构工程师和岩土工程师有不同的观点在共振作用和一些变化的地震活动。
结构工程师们认为尽管建筑物和土壤的自振周期和地震周期都非常的接近。
但对于建筑物周期而言，到底是因为结构还是非结构造成的破坏提出了疑问。
外国关于招标文件的文献
Abstract:This paper aims to provide a comprehensive analysis of bidding documents in the context of international procurement. Bidding documents play a crucial role in ensuring transparency, fairness, and efficiency in the procurement process. The paper explores the components of bidding documents, their significance, and the challenges associated with their preparation and utilization. It also examines the legal and regulatory frameworks governing bidding documents in various countries and suggests best practices for their preparation.1. Introduction1.1 BackgroundInternational procurement is a complex process involving multiple stakeholders, including buyers, suppliers, and regulatory bodies. The procurement process is governed by legal and regulatory frameworks that vary across countries. Bidding documents serve as a cornerstone in this process, providing essential guidelines and requirements for suppliers to respond to procurement tenders.1.2 PurposeThe purpose of this paper is to analyze the role of bidding documents in international procurement, highlighting their importance, components, and challenges. It also aims to provide insights into the legal and regulatory frameworks governing bidding documents and offer best practices for their preparation.2. Components of Bidding Documents2.1 IntroductionBidding documents are comprehensive documents that outline the procurement process, requirements, and evaluation criteria. Thefollowing are the key components of bidding documents:2.2 Tender NoticeThe tender notice provides general information about the procurement process, including the name of the buyer, the scope of the project, and the deadline for submitting bids.2.3 Technical SpecificationsTechnical specifications detail the requirements, standards, and performance criteria for the goods or services being procured. This section is crucial for ensuring that suppliers understand the technical aspects of the project.2.4 Terms of ReferenceTerms of reference outline the scope of work, responsibilities, and deliverables expected from the supplier. This section helps both the buyer and the supplier to align their expectations and deliverables.2.5 Evaluation CriteriaEvaluation criteria define the criteria used to assess and compare bids submitted by suppliers. These criteria may include price, technical competence, past performance, and compliance with legal and regulatory requirements.2.6 Financial ProvisionsFinancial provisions include information about the budget, payment terms, and any financial guarantees required from the supplier.2.7 Contractual ClausesContractual clauses outline the legal obligations and rights of both the buyer and the supplier. This section is essential for ensuring that both parties are protected throughout the procurement process.3. Significance of Bidding Documents3.1 TransparencyBidding documents ensure transparency by providing clear and comprehensive information about the procurement process, requirements,and evaluation criteria. This transparency fosters trust among stakeholders and reduces the risk of corruption and favoritism.3.2 FairnessBy outlining the evaluation criteria and requirements, bidding documents promote fairness in the procurement process. Suppliers are given equal opportunities to bid, and the evaluation process is based on objective criteria.3.3 EfficiencyBidding documents streamline the procurement process by providing a structured framework for suppliers to follow. This efficiency reduces the time and resources required for procurement, resulting in cost savings for both buyers and suppliers.4. Challenges in Preparing Bidding Documents4.1 ComplexityPreparing comprehensive bidding documents can be a complex task, requiring a deep understanding of the project requirements, legal and regulatory frameworks, and the supplier market.4.2 Legal and Regulatory ComplianceEnsuring compliance with the legal and regulatory frameworks governing bidding documents is crucial. Failure to comply can lead to legal challenges and the cancellation of the procurement process.4.3 Language and Cultural BarriersInternational procurement often involves stakeholders from different countries with different languages and cultural backgrounds. Overcoming language and cultural barriers can be challenging when preparing bidding documents.5. Legal and Regulatory Frameworks5.1 International FrameworksInternational frameworks, such as the World Trade Organization (WTO) Agreement on Government Procurement (GPA) and the United Nations Guidelines on Public Procurement, provide a global framework for bidding documents and procurement processes.5.2 National FrameworksNational legal and regulatory frameworks vary across countries. For example, the United States has the Federal Acquisition Regulation (FAR), while the European Union has the Public Sector Directive on Public Procurement.6. Best Practices for Preparing Bidding Documents6.1 Consultation with StakeholdersInvolving stakeholders, such as legal advisors, procurement professionals, and technical experts, during the preparation of bidding documents can ensure that all requirements and considerations are addressed.6.2 Clarity and ConcisenessBidding documents should be clear, concise, and easy to understand. Avoiding legal jargon and using plain language can help suppliers better understand the requirements.6.3 Compliance with Legal and Regulatory FrameworksEnsure that bidding documents comply with the relevant legal and regulatory frameworks to minimize legal risks and challenges.6.4 Review and ApprovalThoroughly review and approve bidding documents to ensure accuracy, consistency, and completeness before issuance.7. ConclusionBidding documents play a critical role in international procurement, ensuring transparency, fairness, and efficiency. Understanding the components, significance, and challenges associated with biddingdocuments is essential for stakeholders involved in the procurement process. This paper provides a comprehensive analysis of bidding documents, highlighting their importance and offering best practices for their preparation. By adhering to these best practices and understanding the legal and regulatory frameworks, stakeholders can ensure a successful and compliant procurement process.。
《工程项目工程造价控制探究国内外文献综述2500字》
工程项目工程造价控制研究国内外文献综述1国外研究现状目前的招标起源于17世纪末的英国，当时，英国政府在其公共部门进行了公开招标，但这只是一个开始。
19世纪初，英法战争刚刚结束，大英帝国不得不迅速而广泛地修建营房。
减少施工时间和建筑成本，英国陆军决定，计划参与该项目的承包商应是最低的。
投标以竞争的形式确定，投资不同时进行。
只有同一个承包商才能建造一个特定的军营项目，负责所有施工工作。
因此，英国政府的营房建设项目大大减少了建设时间和成本。
第二次世界大战结束后，一些西方发达国家和地区开始采用大规模招标采购货物和承包工程。
这种招标方式在国际上已经使用了200多年，商业模式正在逐步完善和相对成熟。
当今世界已经建立了规范的国际招标规则。
招标的类型和内容由国际咨询工程师联合会（FTDIC）、美国建筑师协会（AIA）、国际建筑工程联合会（FIEC）、英国土木工程师协会（ICE）等授予。
相应的合同规则已在几个国家得到很好的接受，并在国际上得到广泛应用。
许多招标开始研究和评估项目成本。
外国科学家在这方面做了很多工作。
Akintoye 对影响设计项目成本的因素进行了适当的研究：项目的成本并不取决于企业的规模。
Nassar K .预测了项目完成期间不可预见的成本，并针对这一问题提交了相应的对策。
芒恩斯公司利用招标信息审查了项目成本预测。
Williams tp对项目成本预测模型进行了相关研究。
Trefor P Williams研究了报价和建设项目成本之间的关系，并规划了回归模型。
芒恩斯公司利用招标信息审查了项目成本预测。
Williams tp对项目成本预测模型进行了相关研究。
Trefor P Williams研究了报价和建设项目成本之间的关系，并规划了回归模型。
Arditi和David,Lee（2012）本文试图对近15年来建筑边际成本的变化进行估计。
通过建立简单的宏观经济回归模型，估算项目建设的边际成本。
得出以下结论：各国工程建设边际生产率均呈下降趋势，以日本的边际生产率最为明显。
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Building engineering biddingAbstract: Nowadays in the engineering construction industry, the market which is characteristic for project bidding, has formed. The construction companies,which want to create good benefits, have to control their cost and improve management to enhance the capacity of adapting and competing in this market. This article focuses on how to decrease cost and increase income so as to control the construction cost effectively.bidding documents should be well formulated ,which is important to a successful bidding and direct influence the success or failure of the bidding work.Because the success or failure of the bidding for the survival and development of enterprise has a direct impact, so we have a high quality, improve the bid documents of the unit, prevent invalid and successful pass mark appear, become a research topic.key : bidding drawbacks of unfair competition countermeasuresBidding is a form of project transactions, project bidding process is to determine the successful bidder and the cost of the process and the price of the project, project bidding work of a very important link, do a good job bidding to determine the price, we can effectively control construction costs, and create a fair and equitable market environment, create orderly competition mechanism. Bidding in construction activities, construction enterprises in order to tender invincible works to be successful, And from the contracted projects profitable, it needs to integrate various subjective and objective conditions, the tender research strategy determine tender. Tender bidding strategy, including pricing strategies and skills. All of the strategies and skills from the numerous contractors bidding on the accumulated experience and objective understanding of the law and of the actual situation understanding, but also with the contractor's decision-making ability and courage are closely related.Bidding documents is the general programme and play book of the bidding activity through the process of bidding. The bidding documents will specify that How to conduct each bidding work, how to dispatch bidding documents, the requirements for tenderer,how to rate and decide bidding and the procedures of bidding. Therefore, the personnel who is responsible for prepare bidding documents should first have ageneral view of the bidding work, include all the requirements and arrangements into the bidding documents. If meet problems that have not been considered previously, then resolve them one by one during the preparation. The course of bidding documents preparation is also the course of making bidding scheme .In another respect, bidding documents is also the legal instruments. Besides relevant law and rules, the bidding documents are the common game rules that bidder,bidding agent and tenderer should subject to through the bidding. Bidding documents are the legal instruments that all the three bidding related parties should subject to, have legal force, therefore, the bidding documents -making personnel required to have the awareness and quality of legal in order to reflect the fair, just and legal requirement in the bidding documents.In building engineering bidding law enforcement and the practice of project construction supervision system on standardizing China's construction market, improve the construction quality and played an active role. But in the process of implementing exist some disadvantages, needs to perfect, enrich and improve. This project bidding documents in accordance with the bidding law of the People's Republic of China for bidders, bidding regulation, enterprise strictly, put forward to bidders professional requirements of project profile was illustrated.Nowadays in the engineering construction industry, the market which is characteristic for project bidding, has formed. The construction companies,which want to create good benefits, have to control their cost and improve management to enhance the capacity of adapting and competing in this market. This article focuses on how to decrease cost and increase income so as to control the construction cost effectively.In building engineering bidding law enforcement and the practice of project construction supervision system on standardizing China's construction market, improve the construction quality and played an active role. But in the process of implementing exist some disadvantages, needs to perfect, enrich and improve. This project bidding documents in accordance with the bidding law of the People's Republic of China for bidders, bidding regulation, enterprise strictly, put forward to bidders professional requirements of project profile was illustrated.The practice of project bidding purpose is to market competition of openness, fairness and justice. However, due to the construction market development is not standard, management system and the experience of inadequate, architectural engineering bidding in concrete operation exist in ACTS of unfair competition, and some drawbacks. This obviously violate the bidding, the bidding process, and will lose its significance for other bidder fails to bid is unjust, disturbed the bidding (project contracting market economic order, for activities), this kind of behavior must be prohibited, only in this way can we make construction engineering competitive trading activity lawfully healthy. This subject will I learned and social practice, present situation and construction project bidding system is expounded, and the disadvantages of bidding for construction project with ACTS of unfair competition phenomenon and analysis of causes, and finally make corresponding preventive countermeasures.Construction cost management system, both theoretical discussion, but also need to practice innovation. Under the conditions of market economy, project cost management, competitive and orderly market for construction management services platform structures. In such a premise, the original scale and method of valuation is inappropriate, and this needs to be reformed and improved. The spirit of "the government's macro regulation and control, enterprise autonomy offer, the market will price" principle, to implement the implementation specification bill of quantity. Inventory Valuation bidding activities are based on market economy mechanism, based on legal, scientific, fair, open and reasonable way to determine the winning bidder of an economic activity. Bidding is bidding activities constitute two basic aspects. The bidding activity is merely that by bidding to choose the one with the workConstruction process capability, moderate cost, quality is excellent, short duration of construction enterprises, and this is the ultimate goal tender. I have participated in internships over the course of the project bidding, and completed over part of the calculation of quantities, combined with graduate experience in the design process, a brief analysis of the mode Quantities Call for TenderThe meaning of risk and risk characteristics of the general construction, the lowest price sealed bidding construction method produces several risks and incentives,according to their characteristics discussed the feasibility of risk control and prevention. Comparison of engineering and engineering security risk management, insurance, similarities and differences between the two projects and benefits; construction project bidding and tendering process characteristics of human behavior is analyzed to reveal the bidder's risk appetite and behavioral characteristics with changes in the external environment change, when the default punishment is light, the bidder preference appetite for risk and default penalties, with the increase exceeds a certain value, the risk of bidders to show preference for behavior change to avoid the risk of penalties, the greater the bidder biased in favor of a more risk-averse behavior, the results of the control and prevention of risk behavior of bidders has an important and practical significanceConstruction Cost Management from the "quantity-one price" plan model to "price of separation volume" model of the market, and gradually establish a market price-based price formation mechanism, the price of the decision in the hands of the parties involved in the market, and ultimately the allocation of resources through the market in order to realize through the market mechanism to decide on project cost. This will standardize the construction market-competitive behavior and the promotion of project bidding mechanisms play an important role in innovation. It can be said that the implementation of the project bill of quantities is a project cost management system in our country a big step forward, but also in China's accession to the WTO, the global construction industry a powerful tool for peer competition.With the construction of in-depth development of the market, the traditional fixed pricing model no longer suited to market-oriented economic development needs. In order to adapt to the current project bidding by the market needs of a project cost, we must work on the existing valuation methods and pricing model for reform, the implementation of projects bill pricing. Engineering is a list of pricing model and adapt to the market economy, allowing independent contractor pricing through market competition determine prices, with the international practice of pricing model. With the bill pricing model projects to promote, in accordance with international bidding practices is imperative. Therefore, "the lowest reasonable price of the successful bidder" My future is the most important evaluation methods. At this stage due to the implementation of projects bill pricing model and the problems mainly against Chinaat this stage " in the minimum reasonable price of the principles of the successful bidder, most contractors have not yet set up their own enterprises of scale, companies unable to determine the reasonable Cost. This article is a scientific and fast set "reasonable cost" to study the key. First, from the project cost of the basic concept, of the engineering bill pricing model under the cost structure, to accurately predict costs of the project provided the basis, considering the average cost of the social cost to individual enterprises and the tender stage of the cost estimates. Followed through on fuzzy math and technology for smooth in-depth analysis, through "close-degree," the concept of reasonable fuzzy math and exponential smoothing technologies, construction of the project cost vague prediction model, and in accordance with the relevant information and statistics Information and experience to establish a "framework structure," the comparison works Construction Cost Management from the "quantity-one price" plan model to "price of separation volume" model of the market, and gradually establish a market price-based price formation mechanism, the price of the decision in the hands of the parties involved in the market, and ultimately the allocation of resources through the market in order to realize through the market mechanism to decide on project cost. This will standardize the construction market-competitive behavior and the promotion of project bidding mechanisms play an important role in innovation. It can be said that the implementation of the project bill of quantities is a project cost management system in our country a big step forward, but also in China's accession to the WTO, the global construction industry a powerful tool for peer competition.A healthy bidding system should be in accordance with the "open, fair and justice" and the principle of good faith, and establish a unified, open, competitive and orderly construction market. In view of the current problems existing in the bidding process, adopt regulations, and formulate and perfect the institution, strengthening process supervision measures, they can better regulate construction market order, prevent corruption from its source, purify construction market, promote the construction market order progressively toward standardization, institutionalized, and constantly improve the quality and level of the bidding work.。