The development of China's agent construction system can be traced back to 1993. In some infrastructure and social welfare government investment projects in Xiamen, government departments were used instead of project users for the first time, and professional project management units were entrusted to explore the management mode of project construction management.
Since then, the state has intensified its research on the management mode and system of "agent construction system". In July 2004, the Decision on the Reform of Investment System was issued, which proposed: "Accelerate the implementation of" agent construction system "for non-operating government investment projects, that is, select professional project management units to be responsible for the construction and implementation through bidding, strictly control the project investment, quality and construction period, and hand them over to users after completion and acceptance. Enhance the awareness of investment risks and establish and improve the risk management mechanism of government investment projects. " We began to expand the application and promotion of the management mode of "agent construction system" nationwide.
From the core essence, "agent construction system" is actually a project construction management system model, its main application field is non-operating government investment projects, and its system development is also mainly driven by the strength of local governments, and at present, it has formed different characteristics of agent construction model throughout the country.
1, the characteristics of the practice mode of the agent construction system in various places
The domestic management mode of "agent construction system" shows different characteristics of practice mode because the system adopts different agent contract modes in the pilot development process in various places, which mainly includes: principal-agent contract mode, designated agent contract mode and tripartite agent contract mode.
Principal-agent contract mode
That is to say, the competent investment department of the government establishes a "project legal person" with legal personality or designates a department as a "project owner", who determines the agent construction unit in the form of bidding and signs an agent construction contract with the agent construction unit.
Designated agency contract mode
That is to say, the government investment department directly adopts the bidding method to determine the project construction unit, and the project user unit signs the construction contract with the construction unit.
Three-party agent contract mode
That is to say, the competent government investment department determines the project construction unit by bidding, and signs a tripartite construction contract with the project user and the project construction unit.
Comparing the three modes of agent construction contract, the main difference lies in the signing subject of agent construction contract, and different signing subjects will have different influences on the implementation and management of agent construction project.
1
In the principal-agent contract mode, the government investment department signs a contract with the agent, and the project user as the agent does not participate in it, so it is difficult to give full play to the enthusiasm of the user, and even the user does not cooperate, which increases the difficulty of engineering construction.
2
In the designated agency contract mode, the project user signs a contract with the project agent, and the government department as the project investor does not participate. The project funds are controlled by the user, which is not conducive to the use of project investment funds by government departments and the supervision and management of the implementation of agent construction projects.
three
In the tripartite construction contract mode, the government department, the user and the agent are all the main parties to sign the contract. Compared with the first two modes, it can avoid the problems of low enthusiasm of the user, investment fund management and project construction supervision. Objectively speaking, government departments and users all have the power to restrict the construction agent, which is easy to cause practical management problems in the implementation of the construction agent project. Under this contract mode, the rights, obligations and responsibilities of all parties should be strictly stipulated and their respective rights and obligations should be balanced.
2
Agent construction management mode
Risk characteristics of agent construction units
Theoretically, the main feature that distinguishes the agent construction system from other management modes is the word "agent construction", which means that the agent construction unit and other agent construction contract subjects should be a principal-agent relationship in essence. The agent construction unit collects management consulting fees by providing management services that meet the contract requirements, and does not bear the risk that the project cost is out of control.
However, in practice, in order to ensure the investment effect, government departments or project users often add the risk responsibility of the agent to the overall project construction in the agent contract. Of course, due to the huge investment in construction projects, the long construction period and the complex and changeable risk factors, it is understandable that the construction agent, as the actual person in charge of project management implementation, bears some project risks. But what needs to be noted here is whether the risk responsibility and risk return of the agent construction unit are balanced.
The income of the construction unit mainly comes from two aspects, that is, on the one hand, the agreed construction management fee is charged, which generally does not exceed 70% of the construction unit management fee stipulated by the finance; On the other hand, after the completion of the project, if the final investment is less than the investment agreed in the contract, the agent can participate in a certain proportion of the share.
However, at present, the competition in the domestic agent construction market is fierce, and the lower limit standard of agent construction management fee is not clearly stipulated in the documents related to the implementation of agent construction system in some areas. Influenced by the principle of winning the bid at a low price in the bidding activities of the agent construction units, many agent construction units reduce the agent construction management fee once and then to ensure the price competitiveness, leaving little profit. Under such circumstances, the agent construction unit has to share some project risks with the investor, and its actual risk responsibility and risk return are obviously unbalanced.
This is in sharp contrast with the general contracting management mode. Although the contractor in the general contracting management mode also bears great project risk responsibility, even greater than the agent construction system, the contractor's contract profit margin is considerable, and the risk responsibility and risk income are relatively balanced compared with the agent construction system.
In addition, in the management mode of agent construction system, the role and position of agent construction unit is also special. On the one hand, the law has not officially granted it the recognized legal status, and in related construction management activities, such as the handling of various procedures, the traditional construction party still needs to handle it; On the other hand, government departments or project users, as participants in the agent construction contract, are relatively strong in the actual construction management activities because they have the right to invest funds. For example, in the bidding activities of construction units, the construction management of the agent construction units is affected.
The management mode of agent construction system is an exploration and attempt in the development of engineering construction management in China, but at present, the management mode of agent construction system is in the initial stage of development in China, and some institutional problems still need to be further developed and improved. The agent construction unit under the management mode of agent construction system should do a good job in risk assessment and risk response of the corresponding agent construction projects, effectively deal with the corresponding agent construction risks by using new technologies and new management methods, improve the risk income and improve the agent construction management system.