Subcontracting that does not belong to the temporary evaluation part of the general contracting project does not need bidding. Therefore, labor subcontracting does not belong to temporary valuation, so there is no need for bidding!
What if this labor subcontracting is included in the estimation? That depends on whether it belongs to the scope of bidding according to law and whether it has reached the scale of bidding according to law.
Labor subcontracting belongs to construction subcontracting, which is a part of construction according to the Management Measures for Construction Subcontracting of Building Construction and Municipal Infrastructure Projects (20 14 19) issued by the Ministry of Housing and Urban-Rural Development. Therefore, the labor subcontract belongs to a single construction contract. In case of labor subcontracting dispute, it is also classified as 100. Construction project contract disputes (5) Construction project subcontracting disputes, omission 122. Labor contract disputes.
Therefore, according to the provisions of NDRC OrderNo. 16, the labor subcontracting in the temporary evaluation of general contracting projects belongs to the scope that must be tendered according to law (that is, projects that use state funds, foreign funds or involve public security interests) and the estimated price of labor subcontracting contracts reaches 4 million, it must be tendered according to law.
This is the only case where subcontracting requires bidding.
Annex: Measures for the Administration of Subcontracting of Building Construction and Municipal Infrastructure Projects
Article 1 In order to standardize the subcontracting of housing construction and municipal infrastructure projects, maintain the order of the construction market, and ensure the engineering quality and construction safety, these Measures are formulated in accordance with the Construction Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC), the Regulations on Quality Management of Construction Projects and other relevant laws and regulations.
Article 2 These Measures shall apply to the subcontracting activities of housing construction and municipal infrastructure projects in People's Republic of China (PRC) and the supervision and management of the subcontracting activities of housing construction and municipal infrastructure projects.
Article 3 The construction administrative department of the State Council shall be responsible for the supervision and management of the subcontracting of housing construction and municipal infrastructure projects throughout the country. The construction administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and management of the subcontracting of housing construction and municipal infrastructure projects within their respective administrative areas.
Article 4 The term "subcontracting" as mentioned in these Measures refers to the activities that a construction enterprise contracts out specialized projects or services in housing construction and municipal infrastructure projects to other construction enterprises to complete.
Fifth housing construction and municipal infrastructure construction subcontracting is divided into professional subcontracting and labor subcontracting. The term "professional engineering subcontracting" as mentioned in these Measures refers to the activities completed by the general contractor (hereinafter referred to as the professional subcontracting unit) to contract the professional engineering in the contracted project to other construction enterprises with corresponding qualifications (hereinafter referred to as the professional subcontracting unit). The term "labor subcontracting" as mentioned in these Measures refers to the activities completed by the construction general contracting enterprise or professional contracting enterprise (hereinafter referred to as the labor contracting enterprise) to subcontract the labor services in its contracted projects to the labor subcontracting enterprise (hereinafter referred to as the labor contracting enterprise). The term "subcontracted project employer" as mentioned in these Measures includes the professional subcontracted project employer and labor service employer in the second and third paragraphs of this article; Sub-contractors in the second and third paragraphs of this article include professional sub-contractors and labor contractors.
Sixth housing construction and municipal infrastructure construction subcontracting activities must be carried out in accordance with the law. Encourage the development of professional contracting enterprises and labor subcontracting enterprises, advocate subcontracting activities to enter the physical construction market for public trading, and improve the subcontracting project trading function of the physical construction market.
Seventh construction units shall not directly designate subcontractors. No unit or individual may interfere in subcontracting activities conducted according to law.
Article 8 The contractor of a subcontracted project must have corresponding qualifications and undertake business within the scope permitted by his qualification grade. Individuals are strictly prohibited from undertaking subcontracting business.
Ninth professional engineering subcontracting must be approved by the construction unit, except as otherwise agreed in the general construction contract. The contractor of a professional subcontracting project must complete the contracted project by himself. Labor subcontracting shall be agreed by the labor employer and the labor contractor through the labor contract. The labor contractor must complete the contracted task by himself.
Article 10 The employer and the contractor of a subcontracted project shall sign a subcontract according to law, and perform the agreed obligations in accordance with the contract. The subcontract must clearly stipulate the time, settlement method and corresponding measures to ensure the timely payment of project funds and labor wages, so as to ensure the payment of project funds and labor wages. The employer of a subcontracted project shall, within 7 working days after the conclusion of the subcontract, submit the contract to the construction administrative department of the local people's government at or above the county level for the record. In case of major changes to the subcontract, the employer of the subcontract project shall send the change agreement to the original filing authority for filing within 7 working days after the change.
Article 11 The employer of a subcontracted project shall set up a project management agency to organize and manage the construction activities of the contracted project. The project management institution shall have technical and economic management personnel suitable for the scale and technical complexity of the contracted project. Among them, the person in charge of the project, the person in charge of technology, the person in charge of project accounting, quality management personnel and safety management personnel must be the personnel of the unit. The specific requirements shall be formulated by the construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The term "personnel of this unit" as mentioned in the preceding paragraph refers to those who have legal personnel or labor contracts, wages and social insurance relations with this unit.
Article 12 The employer of a subcontracted project may require the contractor of the subcontracted project to provide performance guarantee for the performance of the subcontracted project; After the subcontract works contractor provides the guarantee, it requires the subcontract works employer to provide the subcontract works payment guarantee at the same time, and the subcontract works employer shall provide it.
Article 13 It is forbidden to subcontract contracted projects. Failure to perform the contract, contracting out all the contracted projects to others, or contracting out all the contracted projects to others in the name of subcontracting, belongs to subcontracting. In violation of the provisions of Article 12 of the present Measures, if the project developer subcontracts the project, without setting up a project management organization and sending corresponding personnel to the construction site, and without organizing and managing the project construction activities, it shall be regarded as subcontracting.
Article 14 Illegal subcontracting of contracted projects is prohibited. The following acts belong to illegal subcontracting: (1) The employer of a subcontracted project subcontracts a professional project or labor service operation to a subcontractor who does not have the corresponding qualifications; (two) there is no agreement in the general construction contract, and without the approval of the construction unit, the employer subcontracts some professional projects in the contracted projects to others.
Article 15 It is forbidden to transfer or lend the enterprise qualification certificate or allow others to undertake projects in the name of the enterprise by other means. Subcontracting project The employer fails to subcontract the contracted project, and if the project director, technical director, project accounting director, quality management personnel and safety management personnel of the project management organization established on the construction site are not employees of the project contractor, it shall be deemed as allowing others to undertake the project in the name of the enterprise.
Article 16 The contractor of a subcontracted project shall be responsible to the employer of the subcontracted project in accordance with the stipulations of the subcontract. The employer and the contractor of the subcontracted project shall be jointly and severally liable to the construction unit of the subcontracted project.
Article 17 The employer of subcontracted projects shall be responsible for the safety of the construction site and manage the safety production of subcontractors. The contractor of a professional subcontracting project shall report the construction organization design and construction safety scheme of the subcontracting project to the subcontracting project employer for the record, and the professional subcontracting project employer shall promptly deal with the hidden dangers of accidents. The subcontractor is responsible for the safety of the construction site to the subcontractor, and obeys the subcontractor's management of the safety production on the construction site.
Eighteenth in violation of these measures, subcontracting, illegal subcontracting or allowing others to contract projects in the name of the enterprise, shall be punished in accordance with the provisions of the "People's Republic of China (PRC) Construction Law", "People's Republic of China (PRC) Bidding Law" and "Regulations on Quality Management of Construction Projects"; Those who accept subcontracting, illegal subcontracting or contract projects in the name of others shall be fined between 654.38 million yuan and 30,000 yuan.
Article 19 Whoever undertakes subcontracting projects without obtaining the qualification of a construction enterprise shall be punished in accordance with the third paragraph of Article 65 of the People's Republic of China (PRC) Construction Law and the first and second paragraphs of Article 60 of the Regulations on Quality Management of Construction Projects.
Twentieth these Measures shall come into force as of April 6, 2004+0. The 1986 Implementation Measures for General Subcontracting of Construction and Installation Projects issued by the former Ministry of Urban and Rural Construction and Environmental Protection on April 30th shall be abolished at the same time.