Jilin Construction Engineering Cost Management

Original Language Title: 吉林省建设工程造价管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351935.shtml

Jilin construction engineering cost management

    (April 6, 2011 4th meeting consideration of the people's Government of Jilin province by Jilin provincial government order No. 222, May 18, 2011 release come into force on the date of promulgation) Chapter I General provisions

    First in order to strengthen the management of construction cost and reasonable determination and effective control of construction cost, maintenance and construction projects the legitimate rights and interests of the parties, in accordance with the People's Republic of China Building Act and related laws and regulations, combined with the facts of the province, these measures are formulated.

    Article within the administrative area of the province and the supervision of construction project cost management activities, these measures shall apply.

    Article construction cost mentioned in these measures refers to the construction project from creation to completion, in accordance with national and provincial provisions shall be included in the construction and installation of construction project investment costs, equipment and purchase, construction of other fees, preparation fees, costs relating to taxes and loan interest during the construction period.

Article fourth construction cost mentioned in these measures refers to the construction cost determination and control of activities, including:

(A) prepare and review the investment estimation, preliminary design budgetary estimate, construction drawing budget engineering quantity list price, bid, bidding, tendering control;

(B) appointment and adjustment of the contract price;

(C) implementation of engineering measurement and payment of the price;

(D) apply for construction claims and change visa, project budget and final accounts;

(V) handling dispute of construction engineering cost and construction cost appraisal;

    (Vi) the determination and control of engineering cost and construction related activities.

Fifth provincial housing and urban-rural construction Administrative Department is responsible for the supervision and management of the construction project cost, specific implementation may entrust the construction project cost management organs.

Above the county level housing and urban-rural construction Administrative Department is responsible for the supervision and management of construction cost in the administrative area.

Construction project cost management at all levels shall administer the funds necessary to perform their duties, by the relevant provisions of the financial sector by country and province to protect it.

    Professional construction administrative departments at all levels within their respective areas of responsibility, legally responsible for the professional supervision and management of construction cost in the administrative area.

    Sixth financial sector is responsible for financial capital investment budget for the project and completion of colorectal (summary) of evaluation and review.

    Article seventh construction engineering cost industry associations shall strengthen self-discipline, industry services and coordinating role.

    Chapter II construction cost valuation basis

Article eighth construction engineering valuation basis:

(A) the estimation of indicators, budgetary estimate quota;

(B) project pricing scale, a one-time supplementary quota, fees fixed and standard;

(C) the duration of quota and quota;

(D) the manpower and material (equipment) and a one-time supplementary material class price price and construction machinery;

(E) the engineering quantity list valuation standards;

(F) all levels of construction project cost management agency announced pricing information and settlement documents;

    (VII) other provisions of national and provincial basis.

Nineth construction cost valuation basis according to the following provisions:

(A) the estimated valuation of indicators, budgetary estimate quota, engineering a fixed duration, fixed cost, fixed, labor quotas, BOQ specification, cost standards and project pricing information by provincial agencies under the national construction of engineering cost management of construction norms, standards and market price information and inventory adjustment, the provincial housing and urban-rural development published by the Administrative Department;

(B) the one-time supplementary norm of construction engineering, city (State) Department of housing and urban-rural construction administration determination, the provincial housing and urban-rural construction Administration Department, published;

(C) the one-time supplemental materials of construction engineering price, city (State) competent administrative departments of housing and urban-rural construction, and publishing;

    (D) the city (State) within the administrative area of labor, materials, construction machinery, as well as price information from each city (State) Department of housing and urban-rural construction administration collection, calculation, summary, submitted to the provincial housing and urban-rural construction administrative departments publish on a regular basis.

    Tenth article at the time of settlement of the contractor must hold the certificate of construction enterprises in Jilin province social insurance charges, in accordance with provincial housing and urban-rural construction administrative departments when the approved rates to calculate associated costs to the employer.

    11th construction quality and safety costs by the city (State) Department of housing and urban-rural development administration in accordance with provincial housing and urban-rural development of structural types classified by administrative departments collect, measure, submitted to the provincial housing and urban-rural construction Administrative Department to confirm, within the required time to the public.

    Chapter III establishment and control of construction cost

12th construction project cost according to the following provisions:

(A) units according to building size, construction standards, technology standards, index, engineering valuation basis with reference to the construction of price, interest rate changes and other factors in the preparation of investment estimation;

(B) construction and design units or building engineering cost consulting enterprises in the context of investment estimation according to the budget indicators or estimates of scale preparation of design estimates, market prices and other factors;

(C) the construction or engineering cost consulting enterprises shall be in the context of the approved design estimates, based on certified construction plans, construction programme, price and other factors to prepare construction budget;

    (D) project completion final estimate by the contractor within the scope of the construction budget, based on the construction contract and the adjustment of the contract price is the content.

13th all use State funds invested or dominated by State-owned investment projects must use the valuation based on engineering quantity list.

    Capable of preparing quantities should be determined by the tenderer or commissioned by them with the corresponding qualification of construction engineering cost consulting enterprises to prepare.

    Article 14th project tender for carrying out engineering Bill pricing mode, controlled quantities should serve as the preparation of tender price, bidding, engineering measurement and payment and settlement on the basis of completion of the adjustments and handling.

Article 15th valuation based on engineering quantity list bidding projects, shall, in accordance with national and provincial pricing basis and under the relevant provisions, in accordance with the design development, construction drawings bid to control prices.

Tender control prepared by the tenderer, the tenderer is not prepared, shall entrust a qualified engineering cost consulting enterprises to prepare. Tenders should control prices announced in the tender shall not rise or fall.

    Tender Tenderer shall be submitted to the location of the project construction cost control price management agency records.

16th State-owned or State-owned investment funds investment of construction project and its bid to control prices in excess of the approved budget, the Tenderer shall be reported to the original budget for the approval of the competent departments will bid to control prices. Financial capital investment projects of quantities, tender control pricing and project completion final estimate by the financial sector or the financial sector commissioned construction cost consulting enterprises qualified preparation and review.

    Uncensored, not as a basis for price settlement.

    Article 17th of the bids shall not be less than the provincial housing and urban-rural development announced by the Administrative Department of construction engineering quality and safety costs in the current period, shall not be higher than the bid to control prices.

    Article 18th bidding of construction project based on project pricing should be based on the tender.

19th the following expenditure shall not be as a competitive bidding fee:

(A) security protection, civilized construction measure of expenditures;

(B) sewage engineering expenditure;

(C) pension insurance expenditures;

(D) unemployment insurance costs;

(E) medical insurance;

(Vi) the Housing Fund;

(VII) maternity insurance expenses;

(H) dangerous operations and accident expenses;

(I) workers ' compensation insurance expenses;

(J) the taxes;

    (11) other expenditure specified in national and provincial.

20th construction works, contractors of the employer in the construction contract should be the following appointment with cost-related matters:

(A) contract scope, quality standards and the contract price;

(B) projects to the amount of advances, payments and deductions;

(C) calculation and payment progress of engineering the manner, amount and timing;

(D) the price adjustment factor, method, procedure, means of payment and time;

(E) the amounts claimed and the visa procedures, confirmation and payment time;

(Vi) risk content, scope and beyond the scope agreed upon content, adjust approaches;

(VII) compilation and check payment completion, payment methods and time;

(H) the price dispute resolution method and timing;

(IX) construction cost margin of quality and safety and construction quality assurance (warranty) the withheld amount, manner and time of gold;

(J) the adjustment of duration;

    (11) other matters associated with the payment. 21st construction engineering price adjustment, shall be agreed in the contract to the contractor within 14th after an adjustment, adjusting the amount of reason, notify the employer in writing, confirmed it after adjusting the amount of the employer as an additional contract provisions, and progress payments over the same period. Upon receipt of the written notice to the contractor to the employer does not confirm or propose amendments in the 14th, and deemed to have agreed to the adjustment.

    The employer can also be contracted within 14th after an adjustment, decided to adjust the price, and give written notice to the contractor, the contractor shall upon receipt of the written notice does not confirm or propose amendments in the 14th, and deemed to have agreed to the adjustment.

    Article 22nd project in advance and progress payment system of payment.

Article 23rd advance projects should comply with the following requirements:

(A) Contracting engineering works, according to the contract in advance of disbursement, in principle no less than 10% of the contract price in advance, or more than 30% of the contract price;

(B) major construction projects, projects on an annual payment in advance engineering;

    (C) carrying out engineering Bill pricing and shall stipulate the entities of consumption, the proportion of non-entity consuming project in advance.

24th paid progress payment shall satisfy the following requirements:
(A) identifying quantities measurement results in the 14th, the employer shall not 80% price is lower than the proportion of pay progress payment to the contractor;

(B) deferred payment schedule agreed to by the contractor and signed an agreement, according to the agreement; the two sides failed to sign a deferred payment agreement, according to the original contract, the employer shall make payment, failure to pay, the employer to pay from the date of default to the date, according to the Bank's commercial lending interest rates doubled over the same period interest payments.

    25th of all State-owned funds invested or in the construction project of State-owned investment funds, the employer may not require the contractor dianzi construction.

26th the developer, contractor shall be carried out according to the following project completion settlement:

(A) the contractor shall complete the works within the specified time limits completion settlement documents and submit to the employer, employer's receipt of the contractor's completion of accounts, should be signed in accordance with regulations, the employer is not signed, the contractor may not deliver the completed work;

(B) the employer's documents before project completion final estimate submitted by the contractor, shall, within the time limit on completion settlement audit files, and issue a project completion final estimate examination documents; (C) project completion final estimate issued by a contractor to the employer disagrees with the audit file should be questioned the basis and the detailed calculations, send check back to the employer.

Once the check should be made clear to the employer;

    (D) developer shall confirm 15th after projects completion settlement file raised no objection to the contractor within projects.

    27th the developer can only be entrusted to a construction cost consulting enterprises submitted within the required time to the contractor projects completion settlement audit files.

28th the developer should review project completion final estimate documents as follows:

(A) the construction cost of 5 million Yuan (including 5 million) following the 20th internal audit conclusions;

(B) the project cost more than 5 million Yuan, 20 million Yuan (20 million yuan) within the 30th of the following audit conclusions;

(C) the construction cost of 20 million Yuan and 50 million Yuan (including 50 million yuan) the following within 45 days of the audit conclusions;

    (D) the construction cost of 50 million Yuan more than 60 days to make the audit conclusions.

    29th the developer, the contractor on the construction project cost valuation basis of understanding different, explained the construction project cost management of the construction project is located.

    Article 30th after the project completion, completion accounts should be reported to the employer where the project construction cost management agency records.

    Supervision and administration of the fourth chapter

31st above county level housing and urban-rural construction Administrative Department in accordance with the Act of construction engineering cost consulting enterprises conducting supervision and inspection, and on their implementation of dynamic management of qualifications.

    Professional engineering cost consultation of implementation of the provisions of the State Council, is managed by the relevant administrative departments in accordance with State provisions.

32nd construction project cost consulting enterprises shall obtain a construction cost consulting qualification certificate, and to the extent permitted by their level of qualification commissions engaged in engineering cost consultation activities.

    Construction cost professionals, should be qualified according to law, and registered in a unit engaged in construction engineering cost activities.

Article 33rd cost of construction engineering cost consulting enterprises and professionals should be strict enforcement of construction standards, specifications and cost basis, issued by true and accurate project cost outcome.

    Construction engineering cost consulting enterprises shall be stamped in the consultation outcome has a corporate name, level of qualification, the certificate number of the seal, and consult your business by the Executive seal of the cost engineers signed and stamped.

    Article 34th construction engineering cost consulting enterprises to undertake construction of engineering cost consulting business, shall sign a written contract and construction cost management record.

    Article 35th foreign construction engineering cost consulting enterprises in the province engaged in construction of engineering cost consulting business, shall undertake business within 30th of qualification certificates, business licenses and other relevant documents to the construction project cost management agency records.

Article 36th construction engineering cost consulting enterprises shall not be any of the following acts:

(A) provides false materials obtaining qualification;

(B) forged qualification certificates, alter, resell, rent, lend, or otherwise transfer certificate;

(C) transfer of undertaking the construction project cost consulting business;

(D) the unfair competition;

(E) no valuation basis, in accordance with national or provincial approach valuation;

(Vi) without qualification or beyond the scope of business permitted by level of qualification to undertake construction of engineering cost consulting business;

(G) the tender, bidders simultaneously, or two or more bidders in the same project construction cost consulting engagement;

(H) exceeding the contract practise ultra vires;

(I) issue a false report;

    (10) other acts prohibited by laws, regulations and rules.

37th construction engineering cost consulting business shall not be any of the following acts:

(A) qualified to deception;

(B) beyond the scope of business engaged in the practice of the employing organization;

(C) carrying out commercial bribery in the course of practice;

(D) engaged in construction cost consulting business without registration;

(E) register simultaneously in two or more units;

(F) alter, resell, lease, lend, or in any other form of illegal transfer of registration certificates or seals of practice;

(VII) undertake a construction project cost consulting business in his own name;

(H) allowing others to construction cost consulting business in its own name;

(IX) construction cost consulting business issues a false outcome document;

    (10) other acts prohibited by laws, regulations and rules.

    Article 38th engineering cost consulting enterprises on behalf of the branch is allowed to branch to undertake construction cost consulting business.

    39th article employer people or contractor on construction engineering cost Advisory Enterprise issued of results file has objections of, by province housing and urban and rural construction administrative competent sector organization experts on results file for identification, by identification, results file meet construction engineering cost provides of, employer people, and contracting people should implementation; not meet construction engineering cost provides of, employer people, and contracting people should to identification conclusion as construction engineering cost activities of according to. 40th construction engineering cost consulting enterprises and establish business credit profile.

    Housing and urban-rural construction Administrative Department in accordance with the relevant provisions of the State on the credibility of regular assessment, evaluation, and announced to the public.

    The fifth chapter legal liability

41st one of any of the following acts of the employer, by the Department of housing and urban-rural construction administration above county level shall be ordered to correct, it fails, fined 10,000 yuan and 30,000 yuan fines:

(A) the implementation of any valuation based on engineering quantity list bidding should be made;

(B) unpublished bidding control prices;

(C) cost of construction quality and safety was not executed;

(D) not complying with the agreed time for the construction project settlement;

(E) prepare bid-free control and preparation of tender price control prices;

    (F) the delegate does not have a corresponding qualification of construction engineering cost consulting enterprises prepare bid to control prices.

    42nd construction project cost consulting enterprises, engaged in the construction of engineering cost consulting business professional this article 36th, 37th of prohibited acts, by the Department of housing and urban-rural construction administration above county level in accordance with the relevant laws and regulations are punishable.

    The sixth chapter supplementary articles

    43rd article of the referred to professionals engaged in construction engineering cost consulting business, means registered cost engineers, the national cost. 44th these measures come into force on the date of promulgation.