Harbin Municipal Construction Project Cost Management

Original Language Title: 哈尔滨市建设工程造价管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264195.shtml

Harbin municipal construction project cost management

    (May 6, 2010 Harbin Government consideration at the 66th general meeting on May 10, 2010 Harbin municipal people's Government order No. 221, released as of June 15, 2010) first to strengthen the cost management of construction projects, construction project cost pricing, rational determination and effective control of the project cost, maintenance construction the legitimate rights and interests of the parties, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article working in the administrative area of the city and the supervision of construction project cost management activities, these measures shall apply.

    Third article this approach by said construction engineering cost, is refers to housing building engineering and municipal based facilities engineering from preparation to completed acceptance delivered using during, according to national and province, and city about provides should meter into construction project investment of all costs, including building installation engineering fee, and equipment and the workers apparatus acquisition fee, and engineering construction other fee, and engineering prepared fee, and about tax and construction during loan interest, costs.

    Construction cost activities in these measures, including economic evaluation of investment estimate preparation, audit and project design estimates, construction bidding of budget, settlement, price, bid to control prices, bid preparation and audit; construction contract price adjustment phases project cost control, as well as providing intermediary services for valuation activities and activities related to the construction cost. Fourth of municipal urban construction administrative departments in charge of the city construction project cost management, is responsible for implementation of this approach.

    Municipal construction project cost management agency (hereinafter referred to, cost management) commissioned by the municipal urban construction administrative departments, is responsible for the management work of construction project cost.

    The County (City) urban construction administrative departments in accordance with the functions and powers, in charge of the construction project cost management in the area.

    Development and reform, fiscal, price, and other relevant departments, in accordance with their respective responsibilities, responsible for construction project cost management related work.

    Article fifth construction cost valuation basis include:

    (A) project evaluation index;

    (B) budget quota and budget indicators;

    (C) budget quota and price tables;

    (D) specification of Bill of quantities;

    (V) consumption quota and price tables;

    (F) the supplementary quota;

    (G) production quota;

    (H) the time fixed;

    (I) the fee fixed;

    (J) the classes cost quota of construction machinery;

    (11) other related project cost valuation basis.

    Sixth, cost management institutions shall, in accordance with national and provincial regulations, combined with the practical needs of the municipal construction project, timely preparation, amendments and supplements to fixed lines, fixed price table, construction cost index and the settlement provides that regularly publish new material, new technology, new structure, new technologies of norm project, provide the basis for building engineering cost activities.

    Seventh, cost management body shall, in accordance with changes in the market, promptly investigate and collate and publish on a regular basis relating to construction materials, machinery, equipment, and labor market reference price information, provide reference for project cost activities.

    Eighth article applies to engineering cost of construction projects in the city computer software used by the valuation basis and valuation method shall conform to the provisions of these measures.

    Nineth engineering Bill pricing of construction engineering cost or fixed pricing, but a project can only adopt a pricing method.

    Article tenth the following construction engineering quantity list valuation mode should be used:

    (A) all use of State funds;

    (B) 50% more than the total investment of State funds;

    (C) the State funds the total amount of investment is not enough 50%, but the construction project of State-owned fund investors have a controlling interest;

    (D) other valuation based on engineering quantity list shall be adopted in accordance with law.

    Advocate other than those provided for in the preceding paragraph mode of valuation with Bill quantity of construction works. 11th construction cost should be in accordance with the construction process, structured reasonably determined, effective control under the building procedure.

    Investment estimate control of the budget, design estimates for construction drawing budget and budget control of construction project settlement.

    12th investment estimates should be based on the scale of construction projects, standards, features and main equipment selection and related project cost basis, a reasonable forecast preparation stage to the completion stage of price, prepared on the basis of dynamic factors such as interest rates, risk.

    13th design estimates should be under the control of investment estimation, based on optimization of construction schemes, according to preliminary design drawings, costs of budgetary estimate quota and the quota system.

    14th construction budget should be approved in accordance with the relevant Department and construction drawings, construction plans, in accordance with the pricing basis and related provisions, comprehensive marketing materials the difference, price indices and prepare the necessary dynamic factors such as risk factors, shall not break the approved design estimates in the amount of construction and installation cost. 15th Government-invested construction projects, investment estimation and designing budget upon approval by the project examination and approval Department shall not be allowed to expand the scale of development, increased content, increased building standards.

    Needed adjustments in the construction of the project shall be subject to the approval of the competent departments.

    16th engineering quantity list valuation should be enacted under the national standard and the pricing basis for cost management in provincial and municipal agencies, combined with the tender document, design drawings and related technical information, project specific situations prepared, construction site conditions.

    17th in the process of preparation of the Bill of quantities, appears the code for engineering Bill pricing of building engineering projects that are not included, who can supplement, and submitted to the municipal urban and rural construction administrative departments for the record. 18th construction project cost pricing provisions should be included in the tender documents.

    Pricing provisions shall comply with national and provincial regulations on project cost.

    Article 19th bid contracting construction projects, the bidder shall, in accordance with the tendering documents, quantities, price changes, as well as the relevant provisions, combined with the possibility of fees, offer their own, but shall not be less than the cost of bids.

    Article 20th bidding when bid, fees shall be in accordance with the quota provision to calculate a corresponding construction costs, safety measures must not be charges and fees under the construction project cost quota as the cost of competitive bids.

    Project settlement, the fees shall be in accordance with the certification procedure safety measures, based on cost, fee rates approved by the authority.

    21st construction project contracting, subcontracting, shall conclude a written contract in accordance with the provisions, and related project cost expressly agreed to the following:

    (A) the establishment and adjustment of the contract price and the contract price;

    (B) advance projects and progress of project amount, payment time limits and methods;

    (C) the project quality guarantee (warranty) the payment amount and the return time limits;

    (D) safety measures such as withholding and return of the cost of time limits;

    (E) the duration and schedule in advance or delayed punishments;

    (F) the clearing and settlement of payment after the time limit for completion approaches and liability;

    (G) performance of the contract, pay the price-related security issues and project pricing dispute resolution methods;

    (VIII) other cost matters that it should be agreed by the parties. Public bidding of construction project, the contract price shall be determined according to the price.

    The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract.

    22nd the developer shall in the construction contract signed, Supplement, or within 5 business days of the change, contracts submitted to the project location municipal or County (City) urban construction administrative departments for the record.

    Subcontract the developer shall subcontract entered into or within 7 working days after major changes, contracts submitted to the project location municipal or County (City) urban construction administrative departments for the record.

    Article 23rd (development), construction, the engineer shall strictly implement the provisions relating to project cost during construction, record matters related to construction cost and in accordance with the construction contract and the relevant provisions of the visa procedures.

    Government investment projects, due to design changes or other causes the unit project cost exceeds the specified limit, the construction unit shall change programme and the corresponding cost of documents submitted to the original examination and approval departments.

    Article 24th final settlement should be based on the engineering cost of construction contract, combined with the adjustment of the contract contents are compiled.

    25th Contracting Parties at the time of performance of the contract on the construction cost controversy or dispute, may, cost management, to apply for mediation, or in accordance with the contract applies for arbitration or a lawsuit. 26th construction project investment estimation and designing budget and construction budgets, bidding, bid controls, engineering quantity list pricing and settlement, shall be in accordance with State regulations by preparing qualified or qualified intermediary service institutions.

    Who should be the establishment of project cost practitioners.

    Bidding and tendering control pricing, quotation and completion settlement audit and identification document should be signed by the registered cost engineer of project cost, and affix the seal of the certified cost engineers.

    27th engineering cost consulting enterprises in electrical engineering cost consulting business, written project construction cost consultation contract shall be entered into with the client, and provides organizations with the appropriate personnel who are qualified to carry out consulting business, issued by true and accurate project cost outcome.

    28th engineering cost consulting enterprises shall undertake the registration of construction engineering cost consulting projects, establish a pipeline system and file management system, strict enforcement of construction standards, specifications and cost basis, and accept the supervision and inspection of urban construction administrative departments.

    Article 29th engineering cost consulting enterprises engaged in construction cost consulting business, shall not be any of the following acts:

    (A) the qualification certificate of alter, resell, lease, lend, or otherwise transfer certificate;
(B) beyond the level of qualification of business to undertake the project cost advisory business;

    (C) accept the tender and bid, or two or more bidders to the same construction project construction cost consulting business;

    (D) to give rebates or malicious down charges of unfair competition;

    (E) subcontracted to undertake the project cost advisory business;

    (Vi) intentionally raise, reduce project cost, or issuing false outcome of project cost;

    (VII) other behaviors prohibited by laws, rules and regulations.

    Article 30th practitioners engaged in construction cost of engineering cost consulting business, shall not be any of the following acts:

    (A) failure to perform cost engineering practitioners obligations;

    (B) in the course of their practice, bribes, bribes or seeking any interests other than contract costs;

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

    (D) signing a false record, misleading statement of engineering cost documents;

    (E) on behalf of the individual to undertake the project cost businesses or allowing others to project cost business in its own name;

    (Vi) simultaneously practising in two or more units;

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

    (VIII) other behaviors prohibited by laws, rules and regulations.

    31st out of engineering cost consulting enterprises to enter the city, engaged in engineering cost consulting activities shall be made to the municipal urban and rural construction administrative departments.

    Article 32nd urban construction administrative departments should adopt for the record review, on-site inspections, special inspections, reports and other means to handle complaints, and strengthen supervision and management of construction engineering cost, timely correction of acts that violate the provisions of the construction project cost management. 33rd of municipal urban construction administrative departments shall, in accordance with national and provincial regulations, establishment of engineering cost consulting and engineering cost practitioners credit files, and to the public.

    Engineering cost consulting enterprises and project cost practitioners, urban construction administrative departments should be required to provide true, accurate and complete the credit file information.

    Due to complaints, reports are subject to administrative penalties and violations, and so on, should be recorded as bad records credit profile.

    Any unit and individual have the right to access to credit records.

    Article 34th government investment construction project violates these rules, without approval of the original examination and approval Department, investment estimation of project cost in excess of the approved or design estimates, by the project construction supervisor Department or directly responsible to the supervisory organs in charge and other direct liable persons shall be given administrative sanctions.

    35th article violates these rules, any of the following acts, by project is located in the municipal or County (City) urban construction administrative departments a rectification; fails to mend, and impose a responsibility unit fined 5000 Yuan and 20,000 Yuan:

    (A) shall adopt the engineering quantity list valuation mode without using;

    (B) a project at the same time using two valuation methods;

    (C) the tender documents did not contain pricing terms or pricing terms violate the provisions of State and provincial engineering cost.

    36th construction contract or subcontract of the employer's breach of these rules do not apply for construction contracts and subcontracts for the record, by project is located in the municipal or County (City) urban construction administrative departments ordered to go through formalities; overdue for a replacement, fined 10,000 yuan and 30,000 yuan fine.

    37th construction, construction project violates these rules, any of the following acts, by project is located in the municipal or County (City) urban construction administrative departments a rectification, it fails, and fined 5000 Yuan and 10,000 yuan fine:

    (A) does not have a corresponding qualification on its own preparation of the outcome document of the project cost;

    (B) delegate units with no corresponding qualification of the preparation of the outcome document of the project cost.

    Article 38th engineering cost consulting enterprises in violation of the regulations, any of the following circumstances, the municipal or County (City) urban construction administrative departments a rectification; fails and fined 5000 Yuan and 10,000 yuan fine:

    (A) refuse to accept urban construction administrative departments to check or cannot follow the provided files to avoid detection;

    (B) failing to submit credit information or provides false credit file information.

    39th out of engineering cost consulting enterprises in violation of the regulations, engineering cost consulting activity in the city is not for the record, the municipal urban and rural construction ordered by the Administrative Department for a replacement procedure; fails to go through, to order the suspension of engineering cost consulting activities, and a fine of 10,000 yuan and 20,000 yuan fine.

    40th engineering cost consulting enterprises project cost practitioners in violation of these regulations and other provisions, by the city and County (City) urban construction administrative departments or other administrative departments in accordance with relevant laws, rules and regulations for punishment.

    41st urban construction administrative departments, construction cost management and its staff, dereliction of duty, abuse of authority or engages in construction cost management activities from his work unit, the higher administrative authorities or supervisory organs be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 42nd these measures shall come into force on June 15, 2010. December 23, 1999 issued by Harbin municipal people's Government, the 41st of the construction project cost management methods in Harbin city abolished at the same time.