本科选修课第四讲物业管理的招标与投标授课教师：胡昊博士上海交通大学船建学院工程管理研究所2005－2006学年第二学期1SJTU导入案例招投标与采购管理什么是采购管理？采购管理与合同管理？招投标vs.采购管理、合同管理？合同的形式？2SJTU1
采购管理的过程1.采购计划编制:determining what to procure and when2.询价计划编制:documenting product requirements and identifying potential sources3.询价:obtaining quotations, bids, offers, or proposals as appropriate4.供方选择:choosing from among potential vendors5.合同管理:managing the relationship with the vendor6.合同收尾:completion and settlement of the contract3SJTU采购管理过程和关键输出4SJTU2
合同的类型固定价或总价合同Fixed price or lump sum:involve a fixed total price for a well-defined product or service成本补偿合同Cost reimbursable:involve payment to the seller for direct and indirect costs时间加材料合同Time and material contracts:hybrid of both fixed price and cost reimbursable, often used by consultants单价合同Unit price contracts:require the buyer to pay the seller a predetermined 5amount per unit of serviceSJTU成本补偿合同成本加奖励合同Cost plus incentive fee (CPIF):the buyer pays the seller for allowable performance costs plus a predetermined fee and an incentive bonus成本加固定费用合同Cost plus fixed fee (CPFF):the buyer pays the seller for allowable performance costs plus a fixed fee payment usually based on a percentage of estimated costs成本加成本百分比合同Cost plus percentage of costs (CPPC):the buyer pays the seller for allowable performance costs plus a predetermined percentage based on total 6SJTUcosts3
举例：CPPC合同实际备注估计成本100000110000费（10%）10000?假定事先规定的费用是实际成本的10%总价110000?(estimated)(actual price)美国联邦合同订立法规禁止这种合同。7SJTU举例：CPFF合同实际备注估计成本100000110000费（10%）1000010000费用是以估计成本10%实际费为基础的固定费总价110000?(estimated)(actual price)无论实际成本如何，成本总是固定的。8SJTU4
举例：CPIF合同实际一实际二备注估计成本10000080000120000费100001000010000费用是以估计成本10%（10%）实际费为基础的固分担比率85:15??定费。奖励以估计值为基础。总价----??支付所有成本及事先规定的费用加奖励。9SJTU举例：FPIF固定总价加奖励费合同实际一实际二备注目标成本10000080000130000目标利润10000100000最高价是买方能够支付的最大金额。分担比率70:3060000最高价120000----120000总价----9600012000100SJTU5
合同类型与风险11SJTU引言物业管理的招标和投标，分前期物业管理的招标投标和业主、业主大会选聘物业管理企业的招标投标。前期物业管理的招标投标是指建设单位即开发商在业主、业主大会选聘物业管理企业之前通过招投标的方式选聘具有相应资质的物业管理企业。12SJTU6
第一节物业管理招投标的意义与特点物业管理招投标活动是指开发商或业主大会为给即将竣工或己经建造完成的物业寻找物业管理公司，而制定符合其管理服务要求和标准的招标文件，向全社会公开招聘物业管理公司，物业管理公司进行应聘的过程。住宅物业的建设单位不能擅自采用协议方式选聘物业管理企业。13SJTU一、物业管理招投标的意义(一)物业管理招投标是发展社会主义市场经济的需要(二)物业管理招投标是房地产管理体制改革的需要(三)物业管理招投标是促进物业管理行业发展的需要(四)物业管理招投标有利干理顺该领域的服务价格秩序，保证开支合理14SJTU7
二、物业管理招投标的特点(一)物业管理招投标具有超前性(二)物业管理招投标具有阶段性–物业使用寿命的长期性－>物业管理的长期性－>招投标的阶段性15SJTU第二节物业管理招投标的原则与程序一、物业管理招投标的原则公开公平公正诚实信用16SJTU8
二、物业管理招投标的程序(一)制定招标文件，发出招标邀请或通知(二)进行经营资质预审(三)取得招标文件，进行初步准备(四)编制和投送标书(五)开标、评标和定标(六)签订物业服务合同17SJTU第三节物业管理招投标文件的内容从招标角度讲，物业管理招标可分为邀请招标和公开招标两种方式。一、物业管理招标文件的内容(一)投标须知(二)要求管理的物业说明书(三)规划设计图纸18SJTU9
二、物业管理投标文件的主要内容(一)投标者的概况和业绩(二)投标物业的管理要点分析(三)该公司可提供的管理服务内容(四)服务形式、费用和期限说明19SJTU第二节案例讨论--AB集团招投标管理实例20SJTU10
Procurement Management & Contract Administration－A Case of AB GroupBy Dr. HaoHuFor MBA subject “Project Management”Dec. 7, 2002AnetaSchool of Management, SJTU 21SJTU1. Introduction–AB group is a well-known private company with intensive investment in several sectors like agriculture, dairy industry, real estate, aviation industry, culture, media, IT and so on. It is one of the top 50 private enterprises in terms of total asset in China and is ranked the third evaluated by annual increase.–Like most private companies in China, AB Group is a family-oriented company in the beginning. It was founded by “three brothers”, and one of them is the Board Chairman. Some of their relatives hold important positions in the Group. However, the Board Chairman is very enterprise with modern commercial ideas. He successfully reorganized the company and decreased its inherent family characteristic in the past a few years. Last year, AB Group moved to Shanghai PudongNew District from its origin in Jiangsu. AB Group recruited many new employees; some of them even have overseas 22background. SJTU11
Investment Department is a key division of AB Group and is mainly responsible for several important projects including a commercial complex, a villa project in Pudong, a land development project in Suzhou, an airport project in Yichangetc. Michael is the Head for the Investment Department. He is very experienced and is very kind. But he dislikes the priorities enjoyed by some of his colleagues because of their family relationship with the Chairman. Steven, with a strong background of engineering, is the Assistant for Michael. He ever worked in a famous Hong Kong real estate company. He has been responsible for negotiations with various partners and sub-contractors since AB Group moved to Shanghai. Sharon just became a manager-level staff of the Investment Department. She has five years’working experience in Singapore and the Recently, with his senior assistant, Mary, the Board Chairman inspected the Investment Department. They were very dissatisfactory with the current work conducted by the Department. In particular, they felt that the contract management part is problematic, which resulted in a declaration that all previous contract negotiation will not be in effect. As a remedial measure, they set up a new contract negotiation group and asked the group to take over contract administration of the whole Group and to examine all previous contracts. Michael, Sharon and Mary were members of the Group. However, Steven was excluded from the Group. Sharon was also appointed as the group IC (. in-charge) for daily contract administration considering her overseas experience in this
It seemed Steven was very unhappy with the new Group. He often spoke in the public that members of the Group did not understand the engineering and know the market well. More concrete conflict existed between Steven and Sharon because they were responsible for the same projects. In most cases, Sharon chose to keep silence as she was a newcomer. But she felt that Steven’s comments in the public hurt her imagine in the company. Especially, she has different ideas on lots of detailed work than Steven. But it was very difficult to achieve consensus because Steven is a senior and persist in very much. Conflicts exist between Michael and Mary. He told Sharon that Mary had not engineering experience at all. She became a member of the Group just because she is the cousin of the Board Chairman. As a result, he would not like to communicate with Mary. But Sharon felt Mary sometimes was very helpful because of her easier contact with the Board Chairman and other group senior. These conflicts reduced the efficiency of the Group. So some people start to doubt the 25SJTUnecessaritiesof establishing the Group?Discussions:–How to solve conflicts in the negotiation group?–Was it necessary to set up the negotiation group?–Should Steven become a member of the negotiation group?–Should Mary become a member of the negotiation group? 26SJTU13
2. Contract ManagementThere is no Contract Management Department in the AB Group at the moment. As the contract IC, Sharon has been faced many challenges. First, she has to go through all contracts signed by the Group. Of course it was a hard and very time-consuming work. Furthermore, she identified lots of contractions or inconsistence among different contracts. She felt very difficult in copying with these. But greater challenge came from the resistance from her colleagues in implementing contract management in the group. Because there was no formal contract administration within the Group in the past and they were not accustomed to the changes/inconvenience brought by Sharon. Here are some Example 1:In the past, each department and even each people signed contracts themselves. The signed contracts could be copied freely. When Sharon was appointed the Contract IC, the Board Chairman declared that all contracts that were going to be signed must be reviewed by Sharon and all signed contracts would be kept by Sharon. One day, a young engineer requested a copy of a signed contract. But Sharon believed this contract was beyond the work scope of the engineer and rejected him. The engineer then requested just to have a look. When she rejected the engineer again many of Sharon’s colleagues thought she was too serious as this kind of contract could be copied easily in the
Example 2:Sharon was also frustrated by another matter. She found Michael sometimes revealed the contents of other contracts in the process of negotiation. She reminded Michael several times but she found there was no use. She did not know how to do next as Michael is the Department head and therefore her direct boss.Example 3:Sharon had to face different opinions from Steven. What’s more, it’s difficult for her to distinguish which opinions were objective because she has actually taken over part of Steven’s responsibilities. Steven said she didn’t understand the Chinese situation well as she had left China so long. 29SJTUDiscussions:–(1) Discuss the three examples one by one.–(2) What are your suggestions for Sharon?30SJTU15
3. A Procurement ExampleAB Group bought an uncompleted office building from a State owned enterprise with a cost of 400 million yuan. AB Group decided to redevelop it to the best office tower in Puxiarea which is comparable with JinmaoBuilding in LujiazuiFinancial and Trade Zone. The building was previously designed by the Modern Design Group. Now the Group decided to redesign it to upgrade its standard and appearance. Steven was responsible for the matter. Steven invited a Canadian design office for the re-design which will cost the Group $200,000. However, the Board Chairman and the Group were very disappointed when they saw the planning draft provided by the Design office. But the Group has paid $80,000 as the down payment for the design. Meanwhile, the Australian Design Office which was responsible for the Suzhouproject has been doing very well. They showed great interest in the Office Tower 31SJTUproject.Discussions:–Why did this kind of result occur?–Should Steven be responsible for the result? –Do you think it is a good idea of replacing the Canadian Design Office with the Australian one?–Please propose following-up
