Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399486.shtml
Ningbo Municipal Government investment construction project cost management (January 2, 2014, Ningbo Municipal People's Government at the 38th Executive meeting January 24, 2014, Ningbo Municipal People's Government order No. 209 issued as of March 15, 2014) first to standardize the Government investment construction project cost management to promote effective investment, safeguarding public interest, according to the People's Republic of China Law on construction, the People's Republic of China bidding law, Zhejiang Province construction engineering cost management methods and other relevant laws, rules and regulations,
This municipality actually, these measures are formulated.
Article within the administrative area of the city government investment construction project cost determined, control, and supervision and management, application of this approach.
Third Government-invested construction projects in these measures (hereinafter referred to as the construction engineering), refers, at all levels of Government, the use of Government funds to implement fixed-asset investment projects.
Government funding refers to the following funds:
(A) the financial budget of the construction funds;
(Ii) included in the budget management of the Special Fund;
(C) financing and the use of bond funds;
(D) loans, grants from international financial organizations and foreign Governments;
(V) transfer, sell, auctions of State-owned assets and their rights from the State-owned assets interest income;
(Vi) land leasing;
(G) the laws and regulations of other government funds.
Article fourth construction cost mentioned in these measures refers to construction projects from planning to completion, delivery period, all costs incurred due to construction activities.
To determine and control the construction cost mainly includes the following content and links: construction project investment estimation, design estimates, construction drawing budget engineering quantity list bidding control prices, bidding, contract, project budget and final accounts.
Fifth of municipal development and reform of the Administrative Department of the City Department of construction cost administration, in charge of the construction project cost management in the administrative area; its institutions specifically responsible for the construction project cost management of construction project cost management.
Counties (cities) areas identified by the Government of the people of County (City) district administrative authorities responsible for the administration of construction project cost management of construction cost in; counties (cities) areas identified by the Government of the people of County (City) construction engineering cost management of construction project cost management within the institutions responsible for the administration.
Finance, audit, inspection, construction, transportation, water conservancy, urban management, State-owned assets management departments in accordance with the laws, regulations, rules and regulations, responsible for construction project cost management.
Sixth construction cost, control, and supervision and management should be followed for the determination of legality, the principles of objectivity, impartiality, independence and honesty.
Seventh construction should be in accordance with laws and regulations, regulations, state capital construction programs and pricing basis, follows the investment estimate control of the budget, design estimates for construction drawing budget of control engineering, construction budget and settlement principles, confirm and control costs at all stages.
The eighth construction engineering cost consulting enterprises or commissioned by them should be based on optimization of construction design schemes, in accordance with the scale of the construction project, content, standards, equipment selection and duration, according to the investment estimation of investment estimate indicators.
In the project proposal or feasibility study report stage, the development and reform of the Administrative Department may authorize construction cost management authority to review the reasonableness of investment estimation.
Nineth construction units, commissioned by them with the corresponding qualification of design or construction cost consulting enterprises shall follow the preliminary design and valuation basis preparation of design estimates.
In the preliminary design phase, the development and reform of administrative departments should delegate to the construction project cost management to design to evaluate the reasonableness of the estimates.
Tenth in the construction process, any of the following circumstances, design estimates shall be submitted to the original examination and approval organ re-approval:
(A) project design estimate less than 10%;
(B) the individual engineering changes costing more than 5 million Yuan.
11th construction units, commissioned by its design or construction cost consulting enterprises shall, in accordance with the construction plan and pricing based on construction budget, and report to the competent financial administrative departments for the record.
12th construction project bidding the engineering quantity list valuation mode should be used.
Owner or entrusted by the engineering cost consulting enterprises shall, in accordance with relevant standards of valuation with Bill quantity of construction works on the establishment of quantities and tendering control of prices.
Construction enterprises in accordance with the relevant standards of valuation with Bill quantity of construction works independently determine the bid price.
Construction should be tender control pricing and related information submitted to the construction project cost management and financial administrative departments, and publishing announced tender to control prices. 13th construction units and construction businesses should bid in the 30th from the date the notice is issued in accordance with the tender document tender documents and construction enterprises entered into the construction contract and take the unit price or lump sum contract stipulated in the contract price.
Construction and construction enterprises shall not conclude any other agreement consistent with the substance of the contract is not. Units shall be construction contracts and bid of construction project related materials submitted to the construction project cost management and financial administration departments.
Recognized by the record price in construction contract and, as a basis for settlement.
The 14th construction unit and construction enterprises with contractual terms should be agreed on the following matters relating to costs:
(A) scope of project contracting and its corresponding engineering contract, the contract price;
(B) projects to the amount of advances, payment and deduction methods;
(C) safe and civilized construction measure fee payment plans, requirements, etc;
(Iv) engineering measurement and payment form, amount and duration of progress;
(V) engineering changes visa identification and adjustment method of the corresponding price and deadlines;
(F) carrying out engineering Bill pricing of engineering quantity listing wrong or missed recognition, calculation errors and the corresponding price adjustment calculation method;
(G) the elements of manual, mechanical, materials, equipment, price agreed to bear the risk of scope, magnitude, and beyond the scope and range of adjustment;
(H) the duration and schedule in advance or delay of punishments;
(I) the incremental cost calculation method of quality works;
(J) compile and audit the manner and term of the settlement price;
(11) the settlement method, amount and time limit for payment of the purchase price;
(12) the project amount, reserved manner and duration of warranty gold;
(13) the breach of contract and contract dispute resolution methods and deadlines;
(14) and security issues related to the performance of the contract, payment amount;
(15) other works considered necessary to agree upon the pricing matters on both sides.
15th priced Bill of quantities due to engineering change item or quantity changes, shall comply with the following requirements: (A) construction enterprises in accordance with the employer approved engineering change notices for changes of construction involved design of engineering change, should be issued by the original design unit design change request form involving significant engineering changes, in accordance with procedures submitted to the original examination and approval authority for approval before they can work.
Not according to the prescribed procedures the implementation of engineering changes, which increased costs shall not be included in the project costs.
(B) engineering change relating to price adjustment and price is adjusted according to the following method: 1.
Priced Bill of quantities apply to changes in project by using the unit price of the item; 2.
Price does not exist in the application of engineering amount list price but there is similar to changing engineering project price, can refer to the price of similar items; 3.
Price does not exist in the application of Bill of quantities and prices were not similar to the price of change projects, by construction enterprises according to project information, contract or the tender documents used to guide pricing basis make appropriate changes, construction companies offer floating-rate prices, after confirmation by the employer, construction cost management agency records. (C) the contract price increased or reduced matters occurs, construction companies increased report or confirm the reduced reporting and construction unit to submit reduced period of report or confirm the increase reported for 14th; construction or construction enterprise is overdue, or confirmed, as authorized.
Involve significant engineering changes, the period for filing deadlines, or confirmed by the employer and negotiated between two sides in construction enterprise.
Specific ranges of significant engineering changes referred to in the preceding paragraph by the municipal development and reform of the Executive authority determines.
Confirmation by the units and construction companies are adjusting the contract price, increase (decrease) the contract price, shall pay and engineering progress payment or settlement period.
16th contract claims should be in accordance with the relevant national standards of valuation with Bill quantity of construction works the relevant provisions.
17th construction enterprises or on their behalf of engineering cost consulting enterprises shall, in accordance with the relevant national standards of valuation with Bill quantity of construction works preparing project settlement, and within the time limit agreed in the contract to submit construction engineering cost consulting enterprises or commissioned by them to check.
Unit or on their behalf of engineering cost consulting enterprises shall, in accordance with the relevant national standards of valuation with Bill quantity of construction works, and within the time limit agreed in the contract to check project completion final estimate; period is not stipulated in the contract, the construction unit or on their behalf of engineering cost consulting enterprises shall be received from construction companies to submit the date of project completion final estimate complete the reconciliation within the following periods:
(A) the construction cost in the construction projects of less than 100 million Yuan, and check for a period of 90 days;
(B) the construction cost in the construction of more than 100 million Yuan, and check for a period of 180 days.
18th engineering completion settlement audit by the competent financial administrative departments in order to handle completion of settlement procedure, and as a basis for price is the final settlement payment.
Financial administrative departments shall be completed within 90 days of project completion final estimate examination.
The competent financial administrative departments shall, from the date of project completion settlement approved settlement within the 10th information copied to the competent administrative Department of the construction cost.
19th construction unit or on their behalf by qualified engineering cost consulting enterprises should prepare final accounts and final accounts of the competent financial administrative departments.
Financial administrative departments should complete in the 30th final accounts audit.
Audit institutions shall, in accordance with laws, regulations, rules and regulations of the audit scope and term audit of completion final accounts audit oversight.
20th for construction and construction Enterprise contract, project budget and other cost issues disputes, you can choose the following ways:
(A) by the parties to a contract in line with legitimate, objective, equitable and reasonable principles for consultation;
(B) the attention of the construction project cost management to mediate;
(C) unwillingness to mediate, mediation or negotiation, mediation, may apply for arbitration or litigation.
21st no unit or individual may limit or the engineering cost consulting enterprises engaged in this system, the industry's engineering cost consulting activities.
22nd construction cost administrative departments and the relevant supervisory and administrative departments shall, in accordance with the Ningbo city government information resource sharing construction of the relevant provisions of the measures for the administration of the Government information resource sharing project cost management.
23rd construction project cost in construction project bidding should be controlled by the Administrative Department prices, pricing, settlement prices and other price information in the portal site or other public media release, but except for construction projects shall be kept confidential by law.
24th construction cost administrative departments shall, in accordance with the Ningbo enterprises credit regulation and the relevant provisions of the social responsibility approach to engineering cost consulting enterprises credit supervision and construction cost practitioners.
25th construction project, one of the following circumstances, development and reform, supervision, finance, auditing and the construction cost supervision and management departments should investigation and verification, and in accordance with their respective responsibilities, the law:
(A) breach national, provincial investment and standards;
(B) increase content without authorization, and expand the scale of development;
(C) the low bid prices settled;
(D) these measures are not in accordance with the construction contract for the project.
Article 26th acts in violation of these rules, laws and regulations have legal liability provisions from its provisions.
27th of municipal and County (City) area may entrust the competent administrative Department of construction engineering cost construction cost management offices to implement administrative punishments.
28th administrative departments, the pertinent oversight of construction project cost management and construction cost management and its staff in the supervision and administration of engineering cost of construction negligence, abuse of authority or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
29th the following terms shall have the meanings herein:
(A) the quantities, means stated the construction part of the project, measure project, other names and the corresponding number of items and fees, tax, project content, such as list.
(B) the priced Bill of quantities, refers to the tender documents form part of the construction contract documents has been priced in, amended by the arithmetic errors and confirmed quantities of construction enterprises, including their descriptions and tables.
(C) the unit price contract, refers to employer and agreed upon by both parties based on the project quantity list of construction enterprise and its comprehensive unit price contract price calculation, adjustment and confirmation of the construction contract.
(Iv) the lump sum contract, refers to the construction of units and construction companies have agreed to, and priced Bill of quantities and the related conditions for contract price calculation, adjustment and confirmation of the construction contract.
(E) the integrated unit price refers to completion of required in respect of a provision listing the artificial fee, material and engineering equipment, construction machines and use fees and overhead, profit and risk costs within a certain range.
30th Government-invested construction projects other than the investment in State-owned construction cost determination, control, and supervision and management, in accordance with the measures implemented. 31st article this way since March 15, 2014. As of January 1, 1998 of the Ningbo construction project cost management methods (Ningbo Municipal People's Government, the 61st) repealed simultaneously.
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