国际某港口PPP/BOT项目招标文件案例分析

采用文本分析方法,对国际某港口项目招标文件进行分析,以帮助国际PPP/BOT项目投标人做出恰当的投标决策。分析内容包括:项目背景、招标程序、招标文件的组成、投标要求、风险分担。分析结果表明,该招标的时间安排比较仓促,不能满足投标人投标所需要的时间;招标文件的组成不够完善,没有提供投标人投标重要依据的项目特许权协议草案;项目投标要求的编制比较清晰,但涉及项目风险分担的规定比较笼统模糊,而且让特许权受让人承担法律、政策变更的风险不尽合理。认为,由于国际PPP/BOT项目具有前期沉没成本高的特点,投标者应在研究招标文件的基础上,采取"以我为主"的投标策略,设定投标的底线,并将其在投标书中体现出来,这样才能更好地实现投资国际PPP/BOT项目的目标。     

To competitively tender or to negotiate - Weighing up the choices in a mature market

A key attribute of competitive tendering for the periodic selection of operators of subsidised public transport services is to secure the provision of specified services at efficient cost levels. This has proved particularly effective where services were previously provided by an inefficient monopoly operator. The arguments for the adoption of competitive tendering in preference to negotiation with the incumbent operator may be less clear-cut in other cases.Consideration is given to both theoretical and practical insights into the relative merits of competitive tendering and negotiation approaches in such situations. The limited literature on the topic is reviewed and insights and lessons identified. Influencing issues include prior conditions, the nature of the supplier market, features of contracts, negotiating and competitive tendering strategies and practice, accountability and transparency, and long-term market implications. The evidence suggests that ‘one size does not fit all’, and the choice will depend on specific circumstances.The relative merits of the two approaches for renewal of bus contracts are considered with regard to Adelaide, for contracts which have previously been awarded through competitive tendering. The paper draws out the main factors that could influence the authority’s choice between the options, and discusses the relevance of the findings to other situations.     

招投标中最低价中标法分析

如何使招投标既客观、公平、公正，最终达到有效控制工程造价、确保工程质量的目的，已经成为当前高速公路招投标工作中的一大难题。通过对辽宁省沈大高速公路改、扩建工程招投标中，采取目前国际上通用的最低标法，这一评标方法进行相关资料的分析，探讨研究最低投标价在国内建筑招投标市场上的规范运作。     

Market role and regulation of extensive urban minibus services as large bus service capacity is restored - Case studies from Ghana, Georgia and Kazakhstan

In some cities, the degeneration and collapse of formal bus services has allowed large-scale minibus operations to become established but, over time, city authorities and municipal bus operators regain at least part of their operating capacity and seek to regain their market share. This paper examines and compares three case studies: Accra, Tbilisi, and cities of Kazakhstan. It examines the development of the urban minibus services market as conventional bus services went into decline, the gradual re-emergence of large buses, how the authorities have viewed the minibuses as circumstances change, and market and regulatory strategies followed by city authorities.     

Are we doing it wrong or do we expect too much? Forces that push authorities to become public transport designers

This paper presents a number of reasons that are responsible for the disappointment of authorities in their operators’ efforts to develop public transport (PT) to the advantage of their travellers. The lessons drawn in this paper are based upon the competitive tendering experience of the authors and upon the results of meetings organised with parties involved in competitive tendering and aimed at exchanging lessons. There appears to be three main causes: (1) there is freedom for the operator, but the contract is bad; (2) there is freedom for the operator, there is a good contract, but there is no market; and (3) there is freedom for the operator, but the operator is not able to use it. The paper concludes with a few perspectives for improvement.     

The limited scope of seaborne cargo liability regime: new political–economic environments in the 21st century

ABSTRACT

Since the 1920s, seaborne cargo liability regimes have introduced a small number of mandatory rules into international carriage of goods by sea, through the Hague–Visby Rules, to restrict freedom of contract. These rules worked within a limited scope to offset imperfect competition in the shipping markets. However, the recent Hamburg and Rotterdam Rules attempted to extend this scope of seaborne cargo liability regime, which seems to be more extensive than is desirable. This article compares and examines the shipping sub-sectors’ environment and maritime economics over the past century up to date. The new business patterns of the shipping sub-sectors, the rising influence of developing countries, and the containerisation are creating new shipping environments for this area of law. Compared with previous decades, imperfect competition is only found in a smaller number of areas within the shipping markets nowadays. This article argues that only a limited scope of application is needed for international seaborne cargo liability regime. Thus, these new economic and political realities call for innovative modifications to the recent rules regarding the scope of application, and future regime should refocus international uniformity on a limited scope.     

Competition in Brazilian bus and coach services - The results of recent competitive tendering processes

This paper analyses the terms and the results of a sample of some recent Brazilian bidding processes for the concession of public passenger transport services: namely, urban and metropolitan bus or regional coach services. The analysis is based on selected issues relating to competitiveness and upon the legal framework that applies in this sector. It was concluded that, given the lack of bidding processes for concessions in the bus and coach sector in Brazil, the fact that some bidding processes have been carried out should be considered a sign of progress. However, these auctions have not necessarily prioritised competitiveness, since many barriers to entry into the systems were imposed by the bidding terms. Future competitive tendering processes should seek to abide by stricter principles of competitiveness, if they wish to avoid the entire effort expended on conducting such processes serving only to mask nothing more than formal obedience to the law and to discredit the bidding process in the eyes of Brazilian citizens.     

担保制度在港口工程招投标过程中的作用

招标投标中的担保制度对于保证建设工程施工合同的正常履行,确保工程质量达到合同约定的标准、工程工期、工程投资控制,具有重要意义。招标是一种要约邀请,投标是要约,中标通知书则是承诺,这是分析招标投标中担保的基础。港口工程招标投标的担保一般包括投标担保、履约担保和预付款担保。文章分析了提供这3种担保的基础、目的、定性,以及在实际操作中的一些问题。     

半潜式钻井支持平台在不规则波中的时域耦合分析

基于三维势流理论和莫里森方程,运用水动力软件AQWA,计算半潜式钻井支持平台的水动力特性。同时运用时域耦合方法,计算了风、浪、流共同作用下,半潜式钻井支持平台在三种工况(迎浪、斜浪和横浪)下的运动响应及系泊系统动力响应。时域耦合分析结果验证了该钻井支持平台满足规范要求。     

Radioactive tracers as a tool in coastal oceanography: An overview of the MAST-52 project

Radionuclides (⁹⁹Tc, ¹²⁵Sb, ⁹⁰Sr, ¹³⁷Cs) discharged from La Hague in France have been used to trace advection and dispersion of water masses in the “European Coastal Current” from the English Channel to the Baltic. Time-series of radionuclide measurements in water samples taken in the English Channel, at the Netherlands coast, in the German North Sea sector and in Danish waters have been compared with reported discharge values. The prospects for using ¹²⁹I measured by accelerator mass spectrometry (AMS) as an oceanographic tracer have been evaluated as positive. The ⁹⁹Tc analytical procedure have been improved and background levels of ⁹⁹Tc, ¹³⁷Cs and ⁹⁰Sr in open North Atlantic seawater without influence from European discharges have been determined. An intercomparison programme have documented the quality of the measured ⁹⁹Tc and ¹²⁵Sb data. Transit times and transfer factors from La Hague to different locations in the study area have been estimated. It is concluded, that 10% of the La Hague discharge is transported through Kattegat and that 1/3 of the inflowing Kattegat bottom water originates from the coastal current. Three fundamentally different numeric models have been further developed under the project. The measured data have then been compared with values simulated by the three models. Models as well as measured data indicate, that a close coastal transport with longer transit times and often higher concentrations than seen in the open water main current is taking place. This coastal transport is important when contaminant transport is monitored. It is concluded, that the collected data gives a unique opportunity to evaluate models on advection and dispersion of coastal water masses and contaminants. The database will be made available as a tool for the evaluation of such models.     

Risk and reward in rail contracting

This workshop considered the role of risks and rewards in rail transport by considering evidence on the impacts of industry structure, franchising and infrastructure charges. A schema for the allocation of risks and rewards was developed, which indicated that strategic risks should be borne by authorities and operational risks by operators, but that tactical risks were more difficult to allocate and appropriate reward mechanisms more difficult to design. The extent to which these difficulties can be addressed by competitive tendering and alternatives such as trusting partnerships and negotiated performance based contracts was considered.     

The distribution of artificial radionuclides in the English Channel, southern North Sea, Skagerrak and Kattegat, 1990–1993

This paper presents the initial results concerning the distribution of artificial radionuclides from research cruises conducted in collaboration by three European institutes as part of an EEC MAST research project. Ten cruises were undertaken covering the English Channel, southern and eastern North Sea, Skagerrak and Kattegat over a period of 2.5 yr. A large number of analyses of four artificial radionuclides (¹³⁷Cs, ⁹⁹Tc, ¹²⁵Sb, ⁹⁰Sr), which behave conservatively in seawater, provided information about the general distribution of water masses and circulation patterns as well as about single transport events in the study area. Controlled liquid releases from the La Hague nuclear fuel reprocessing plant are transported eastwards, forming a characteristic distribution pattern in the Channel and the southern North Sea. This includes a near-coastal “plume” and a distinct boundary between waters contaminated predominantly by La Hague and by Sellafield. Spatial and temporal distributions of radionuclide ratios were used, for the first time, to calculate transit times from the English Channel to the coast of Jutland. The data published herein provide an essential input to the calibration of numerical models simulating water transport processes. The results demonstrate the continuing usefulness of artificial radionuclides as oceanographic tracers, even at the very low concentrations observed at present in north-west European Shelf waters.     

Workshop report - Beyond competitive tendering

Most countries contemplating the introduction of competition-based organizational forms did not perceive the British deregulated bus regime to be the way forward. A deeper analysis of facts and an international coverage of the local successes of that regime remained marginal and, as a result, the reputation of deregulated regimes remained bad or - at best - a contentious issue. The rush for competitive tendering was further stimulated by the European Commission’s endeavour to enact a Regulation that put forward competitive tendering of exclusive contracts as the preferred way to organise local public transport markets. Yet, as discussed in this workshop, deregulation in various guises may well play a growing role in local and regional transport. This is already visible in long-distance coach transport and in (international) European railway markets as from 2010. The workshop paper discusses whether such competition-based institutional alternatives to competitive tendering can provide efficiency and service improvements, how such competition-based alternatives should be ‘regulated’ and, alternatively, how a non-competitive direct award could perhaps still guarantee good performance.     

对清单项目招标中公开"拦标价"做法的质疑——关于现行清单项目招标评标的探讨

针对目前国内一些地区,清单项目招投标过程中公开“拦标价”,并且以“拦标价”作为量化评标依据的做法,从合法性、合规性、合理性多角度提出质疑,阐述了其做法的不足和弊端,并提出了清单项目应严格执行“合理最低价中标”的原则进行招标评标活动。     

欧洲门户—鹿特丹港

鹿特丹港是欧洲最大的海港,连接欧、美、亚、非、澳五大洲,是国际货物流通的重要枢纽,有“欧洲门户”之称。位于莱茵河与马斯河河口,西依北海,东溯莱茵河、多瑙河,可通至里海,鹿特丹港区面积约100平方公里,码头总长42公里,吃水深度24米,可停泊54.5万吨的特大油轮。海船码头总长56公里,河船码头总长33.6公里,     

Private funding and management for public interchanges in Madrid

Interchanges are key elements for improving seamless mobility in metropolitan areas where multi-stages trips are increasing. Interchange facilities make transfers short, easy and comfortable, and therefore Public Transport (PT) trips became more attractive and competitive. However, good quality interchanges are rather expensive, especially with regard to construction and operation. The solution launched in Madrid was a public-private scheme where all stakeholders involved play a key role. The first experience was Avenida America Interchange in the border of Madrid CBD, which opened in 2000. The construction was carried out through a Build and Operate and Transfer (BOT) tender. Three public bodies were involved: Municipality, Regional Government and Public Transport Authority. The concessionaire was a company constituted by a transport operator, several construction companies and a national bank. The revenues came from a fee which pays every bus using the facility, some shops, two parking lots, and other business. This positive experience has been extended to the construction of four new interchanges that were inaugurated in the years 2007 and 2008.     

Solving procurement problems in public transport: Examining multi-principal roles in relation to effective control mechanisms

Despite the EU’s increasing role in regulating public transport procurement, few studies have considered this aspect when analysing procurement problems of public transport. This paper examines how the institutional relationships between different actors, including international governmental bodies, in public transport effects the possibility of exerting control over a county public transport authority (PTA) in a multi-principal setting. The analysis is carried out using empirical material from an infringement process including a Swedish PTA and the EU. The conclusions have clear policy implications for the procedural order when exerting control over the PTA in cases of procurement problems. It is for example shown, that the implementation process would be much more efficient if the regulations allowed the EU to impose sanctions directly towards the local authorities without having to involve the national government when the procurement laws are violated.     

浅析提单的首要条款

首要条款形式上与法律选择条款,都选择了某一法律解决纠纷,但两者有本质的区别,首要条款是提单上一条具有实体内容的条款,其特殊性在于相对提单其他条款而言,它是至高的,与之相抵触者无效。分析了订立首要条款的初衷,首要条款的性质和效力,同时也就指明受“海牙规则”约束的首要条款在我国的适用问题。     

Economic policies and seaports: The diversity of port policies

This paper contrasts the economic policies adopted towards seaports by different countries in terms of their approaches to national, regional or local control. Various examples are presented and described, together with some of the difficulties that have been encountered. Examples are cited where national, regional and local governments have become involved, even though constitutional provisions appeared to present this. It is argued that national, regional and local governments all have interests in the efficiency of ports from various points of view; hence all should be involved. The arguments for and difficulties experienced in centralized planning and co-ordination are also discussed.

The variety of activities directly undertaken by port authorities is discussed, with the extreme positions labelled 'landlord' and 'comprehensive'. The remarkable variety of intermediate positions is also described. Whilst oversimplification is dangerous, the opportunities for expanding the private sector are analysed, even to the extent of wondering whether public sector port authorities are needed at all. This, therefore is the subject of the next paper.     

U.S. ports: evolution and structure

U.S. ports are facing competitive pressures similar to those being felt by ports elsewhere around the world. Despite the public enterprise nature of U.S. port authorities, they tend to function as 'business-like' organizations. This enterprise-like approach stems from their evolution from being primarily private railroad ports in the 19th century to public competitive port authorities in the 20th century. This paper provides an overview of the evolution of U.S. ports and the ongoing effect of earlier legislation, the varied resulting institutional structures, and current national and regional level issues. Although there is no national ports plan or strategy in the U.S.A. (the Constitution limits federal actions in the ports field) the federal government is involved in providing dredging services through the Army Corps of Engineers, navigation aids via the Coast Guard and other minor port-related services. U.S. ports typically come under the jurisdiction of state or local governments. Increasing competition coupled with other port issues (growing financial constraints, difficulties in obtaining dredging permits, environmental concerns and restricted landside access) is forcing some U.S. ports to enter into strategic alliances with others at a regional level.