Construction Contracting And Contract Pricing, Management Approaches

Original Language Title: 建筑工程施工发包与承包计价管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398573.shtml

Construction contracting and contract pricing, management approaches

    (Released December 11, 2013, Ministry of housing and urban-rural development, the 16th since February 1, 2014) first in order to standardize the construction contract and contract pricing, maintenance of construction projects and the legitimate rights and interests of the Contracting Parties, promote healthy development of construction market, according to the relevant laws and regulations, these measures are formulated.

Article in the People's Republic of China territory of construction contracting and contract pricing, (hereinafter referred to as project contract pricing), these measures shall apply.

Construction work in these measures refers to the housing construction and infrastructure works.

    Engineering contract pricing in these measures include the preparation of engineering quantity list, the highest bid price, bidding, bidding, project budget, as well as activities such as signing and adjustment of the contract price.

Article III contract awarding and contracting of construction under the macro-control of the Government, formed by the competition.

    Engineering contract pricing, should follow the principles of fairness, legality and good faith.

Fourth housing and urban-rural construction departments under the State Council is responsible for the management of engineering contract pricing. Local people's Governments at or above the county level within the Department responsible for the administration of housing and urban-rural construction management of engineering contract pricing.

    Their specific commissioned project cost management agencies.

    Fifth national promotion of engineering cost consultation system, the whole process cost management of construction projects.

The sixth of all State-owned funds invested or in the construction of the State-owned investment funds (hereinafter referred to as the State-owned capital construction), shall adopt the valuation based on engineering quantity list; construction of non-State-owned capital investment, encourage the application of engineering quantity list valuation.

Investment tenders for the construction of State-owned funds, should have the highest bidding price; investment tenders for the construction of the non-State-owned funds, with the highest bid price or bidding.

    Maximum bidding price and its outcome should be reported by the tenderer project local people's Governments at and above the County departments of housing and urban-rural construction. Seventh quantities should be based on the national development of engineering Bill pricing specifications, quantity specification of system.

    Quantities should be regarded as an integral part of the tender documents. Eighth highest bid price should be based on the project quantity list, project valuation and market price information, preparation of the relevant provisions.

    Tenderer has the highest bid price shall be announced in the tender price of the highest bid price, and part of unit works with a project cost, measure project fees, other fees, charges and taxes.

    Nineth bidding should be denominated according to relevant provisions and market price information system.

Article tenth of the bids shall not be less than construction costs, shall not be higher than the highest bid price.

    Bidding, engineering should be based on the project quantity list valuation regulations, quota and market price information system.

11th bid above the maximum bid price below cost, or the total price, the bid Committee should reject the bidder's bid.

    Objections to below cost quote, bid Committee can refer to the Department of housing and urban-rural construction by the State Council and provinces, autonomous regions and municipalities related regulations issued by the Department of housing and urban-rural construction assessment. 12th the tenderer and the winning bidder should be priced according to the contract.

Without bidding construction projects contracted out by the contract is being negotiated.

    Contract price related matters stipulated by the Contracting Parties, and generally include the price agreed in the contract, engineering advances, progress, completion cost payment and settlement, as well as adjustment of the contract price.

13th when the Contracting Parties to determine the contract price, should take into account the market conditions and the impact of price changes on the contract price of factors of production.

Implementation of valuation with Bill quantity of construction works, encourages Contracting Parties to use price to determine the contract price.

Building smaller, less technical difficulty, short duration of construction, Contracting Parties can use price to determine the contract price.

    Construction technique for emergency rescue, disaster relief and special complexity of construction works, Contracting Parties cost plus fee methods can be used to determine the contract price.

14th Contracting Parties should be specified in the contract, adjustment of the contract price when the following situations occur:

(A) laws, regulations, rules or relevant State policies change the contract price;

(B) construction cost price adjustment information management agencies;

(C) the approved design changes;

(D) the employer changes after being approved by the increased cost of construction organization design;

    (E) other factors as agreed upon by both parties.

15th Contracting Parties shall, in accordance with State Council housing and urban-rural construction departments and the Governments of provinces, autonomous regions and municipalities directly under the provisions of the Department of housing and urban-rural construction, engineering, construction period of the contract in advance of project specific issues.

    Advance project funds in accordance with the contract price or percentage determined on how much annual project plans and payment, and be in the progress payment deduction. 16th Contracting Parties shall, in accordance with the contract completed engineering reports to the employer.

    Employer after receiving the report, shall be in accordance with the contract and timely check and confirm.

    Contracting Parties shall, in accordance with the contract made by the 17th regular or project settlement and payment in accordance with subparagraph works progress.

18th after project completion, completion settlement shall, in accordance with the following provisions:

(A) the contractor shall, upon completion of the works within the agreed period of settlement documents submitted.

(Ii) State-owned funds investment construction of employer party, should delegate has corresponding qualification of engineering cost Advisory enterprise on completed settlement file for audit, and in received completed settlement file Hou of agreed term within to Contracting Party proposed by engineering cost Advisory Enterprise issued of completed settlement file audit views; late not replies of, according to contract agreed processing, contract no agreed of, completed settlement file considered has was recognized. Non-State-owned funds investment of building engineering employer party, should in received completed settlement file Hou of agreed term within be replies, late not replies of, according to contract agreed processing, contract no agreed of, completed settlement file considered has was recognized; employer party on completed settlement file has objections of, should in replies period within to Contracting Party proposed, and can in proposed objections of day up of agreed term within and contracting party consultations; employer party in consultations period within not and contracting party consultations or by consultations failed to and Contracting Party reached agreement of,

Shall entrust the completion settlement audit of engineering cost consulting enterprises, appointment and after the expiry of the consultation period to the Contracting Parties by the engineering cost consulting enterprises settlement document issued an audit opinion.

(C) the contractor to the employer's completion settlement audit of engineering cost consulting enterprises there are dissenting opinions, within one month after receiving the audit opinion, can contribute to the project cost management of institutions or relevant industry organizations for mediation, conciliation, may apply for arbitration or initiate litigation to the people's Court according to law.

    Contracting Parties to this section in the contract (a), (b) a term without a clear agreement, shall, in accordance with the relevant provisions of the State; no regulations of the State, can be regarded as the agreed period is 28th. 19th projects completion settlement document signed by the Contracting Parties confirm that, should serve as the basis for the budget of the project, without the consent of the other party, the other party has entered into force shall not be commissioned project cost consulting enterprises to review settlement file.

The employer shall pay the settlement time according to settlement documents.

    Final accounting documents shall be kept by the employer works local people's Governments at and above the County departments of housing and urban-rural construction.

    20th Engineer preparation of Bill of quantities, cost its highest bid price, bidding, bidding, project settlement audit and project cost identification documents should be signed and stamped with the seal of the cost engineers.

21st local people's Governments at or above the county level departments of housing and urban-rural construction should be in accordance with the relevant laws and regulations and these regulations, strengthen the supervision of construction work contract pricing activity checks and verification of the complaint and the right to take the following measures:

(A) request units under inspection to provide the relevant documents and information;

(B) persons asked to sign papers on relevant issues;

(C) requested to correct violations of the relevant laws and regulations, the approach or the engineering construction compulsory standard behavior.

    Local people's Governments at or above the county level departments of housing and urban-rural construction supervision and inspection of the results should be open to the public.

    22nd at the highest bidding price, cost engineers bidding or bid preparation, project settlement verification and identification of project cost, signed any false record, misleading statement of the outcome documents of the project cost, credited cost engineers credit files in accordance with the administrative measures for certified cost engineers in the investigation constitutes a crime, criminal responsibility shall be investigated according to law.

    23rd valuation based on engineering cost consulting enterprises in construction activity, issued by any false record, misleading statement of the outcome documents of the project cost, credited to engineering cost consulting enterprises ' credit files, local people's Governments at or above the county level departments of housing and urban-rural construction ordered corrective action and fines of between 10,000 yuan and 30,000 yuan, and be informed.

    24th State personnel supervision and management in architectural engineering valuation dereliction of duty, favoritism, abuse, given administrative sanctions by the relevant organs constitutes a crime, criminal responsibility shall be investigated according to law.

    25th construction other than construction contracting and contract pricing, management can refer to these measures.

    26th a province, autonomous region, municipality Department of housing and urban-rural construction based on these measures, formulate implementing rules. 27th article this way come into force February 1, 2014. The Ministry of construction issued on November 5, 2001 contract awarding and management of contract pricing (Ministry of construction, the 107th) repealed simultaneously.