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Zhejiang Construction Engineering Pricing Management

Original Language Title: 浙江省建设工程造价计价管理办法

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(Act No. 173 of 22 April 2004 of the People's Government Order No. 173 of 22 April 2004), which came into force on 1 July 2004.

Chapter I General
Article 1, in order to regulate the construction of engineering prices, preserve the legitimate rights and interests of the parties in construction works, guarantee quality safety and promote the health development of the construction market, and develop this approach in accordance with the relevant legal, legislative and regulatory provisions.
Article 2 applies to construction of engineering price-making activities in the administrative region of the province, as well as to the management of construction-based prices based on the production of activities (hereinafter referred to as construction of work-making price management).
The cost management of specialized construction works such as transport, water and electricity, is implemented in accordance with the management provisions of the State relating to professional construction works and may be guided by the relevant provisions of this approach.
Article III. This approach refers to the construction of construction work-based pricing activities, as described in this approach, to the development of engineering investment estimates, the design of budget estimates, construction map budgets, tendering tenders, tendering prices, contractual engineering contracts, the preparation of activities such as engineering settlement, the identification or adjustment of construction of engineering prices, and brokering services such as construction of engineering pricing assessments, advice and advice.
Article IV. This approach refers to the use of scientific, reasonable survey statistical and analytical calculation methods that can be obtained from the construction of economic technology activities and market transaction activities for forecasting, assessment, parameters, values, methodologies, etc., including, inter alia, the engineering scales developed by the relevant bodies established by the Government, the guidance-based basis for indicators, the building market information price basis, the empirical basis for the self-production of the enterprise (in the industry), and other factors that can be used to determine the engineering value.
Article 5
The full use of State-funded investments or large-scale construction works with State-owned funds must be implemented in accordance with national standards, the construction of engineering portfolios.
Article 6. Governments of more people at the district level should strengthen their leadership in the construction of work-making price management, and promote the guidance of the relevant institutions on the basis of the construction of the engineering price, service work and oversight of the value-added behaviour.
Article 7
The construction work-making authority in the provinces and in the municipalities is responsible for the construction of specific services for the construction of engineering price management.
In accordance with their respective responsibilities and relevant national provisions, the executive authorities, such as the business, audit, are well placed in the management of oversight relating to construction of work-making price activities.
Article 8
A construction industry association could be entrusted by the agencies concerned to undertake guidance-based work, such as production.
Chapter II
Article 9. The guiding price is based on the preparation and regular revision of the provincial construction engineering price management body, which will be promulgated by the Provincial People's Government in conjunction with the same level of development and reform and by the financial administration authorities.
The development or revision of the guiding value base should be adapted to the development needs of the building market, reflecting the technical level and level of management of the construction industry in the province, contributing to the promotion and application of scientific and technological outcomes in the area of construction.
The preparation or revision of the guiding value base should fully capture the views of experts, scholars and practitioners in the area of construction.
The guiding price is based on the regular interpretation of the construction of the construction of the construction of the construction of the construction price management in the province, and, if necessary, the enacting sector is brought to the explanation.
Article 10, in order to deal with the special circumstances encountered in the construction process, needs to be supplemented by the guidance-based approach, which is the responsibility of the provincial construction work-engineering management for the preparation of a supplementary price basis. Provincial construction work-making agencies may commission municipal construction work-making structures or work-building units to produce additional price-based basis.
Complementary prices are based on the harmonization of the provincial construction work-making authority, and are presented to the Provincial Government for construction, development and reform, and financial administration authorities for the preparation.
Article 11. The construction work-making authority in provinces and districts should collect, measure and publish market price information to service society on a regular basis.
Article 12 encourages the development and diffusion of the application of the construction of a computer software and a supporting management system.
Article 13 encourages construction units to develop and apply the internal level of enterprises that reflect the advanced technology and management levels of this enterprise, taking into account the guiding value.
The relevant industry associations are encouraged to provide value-based services to construction units.
Commercial secrets within the enterprise are protected by law.
Chapter III
Article 14. The construction project must be made subject to tendering by law, and the tenderer's tendering shall be in accordance with the provisions of the solicitation tender law; the construction of the project shall not be appropriate for tendering in accordance with the law and the determination of its contract price shall have a clear basis for the price.
Article 15. National standards for the construction of a list of prices for construction works are governed by the Provincial People's Government's executive authority and with the relevant provincial departments.
Article 16 shall be prepared by a tenderer with the capacity to prepare a solicitation documents or by the appropriate qualifications-making body, a solicitation body.
The tender price is prepared by the bidder or by the accompanying construction work-making advisory body.
Article 17, in the course of the evaluation of tenders for construction of works, the Panel found that the bidder's bidders' offers were significantly lower than that of other tenders or, at the time of the opening of tenders, could require the bidder to make clarifications on its tenders in accordance with the non-cost provision and to provide the relevant documentation.
The bidder could not make a reasonable statement and provide the related supporting material, which was determined by the evaluation board to be subject to a bid less than the costing bid.
Article 18 The bidder and the bidder shall enter into a contract based on the relevant provisions of the solicitation law, the contract law. The bidder shall not enter into any other agreement that is not in accordance with the contract price after the conclusion of the contract, except in accordance with the contractual agreement.
The business administration and the related administration sector should strengthen the supervision of construction contracts by law.
Article 19 Construction contracts agree to use a saving method whereby the lender and the contractor should agree, in accordance with the law, on the content, methods and procedures of the contract price adjustments.
Adjustments to the contract price should be confirmed by the lender or the contractor's authorized strength and chapter.
Article 20 The construction of the engineering licensor and the contractor shall, in accordance with the provisions of the law, regulations and the specific circumstances of the works, agree on pre-payments and payment of the construction contract matter.
The lender may, in accordance with the law, request the contractor to submit the payment of the performance bonds. The contractor may also provide the security of payments in accordance with the law.
Article 21, the contractor shall submit the engineering settlement document to the licensor within the time frame of the agreement to which it is eligible.
The work settlement should be based on the price agreed upon in the construction contract and be prepared in conjunction with the contract agreed price adjustments.
Article 2 shall be subject to review and responses within the agreed time frame following receipt of the settlement document.
The deadline for submission or response by the lender and the contractor was not agreed or agreed to be clear, with a specific period of 28 working days, except where the parties agreed on a specific period.
Article 23 of the project settlement document was endorsed and signed by the recipient party as a basis for the payment and financial accounts of the project settlement.
Article 24 is disputed by the parties with respect to the work settlement document and shall be negotiated to resolve or apply for mediation to the relevant administrative authorities or to the construction of the construction of the engineering price management.
The parties' reluctance to mediate or to mediate, may apply for arbitration or prosecution under the law.
Article 25 provides specific provisions, such as legislation, regulations, regulations and regulations, on the basis of application of national construction projects, evaluation of price activities or audit supervision, and that the construction engineering parties should be executed in compliance with the implementation.
Article 26 Advisory bodies for construction of construction of work-making prices, construction engineers should be given the same qualifications or qualifications in accordance with the law and should be in compliance with the relevant operational guidelines and norms.
Chapter IV Legal responsibility
Article 27, in violation of article 5, paragraph 2, of the present approach, is subject to correction by the executive authority responsible for the construction, development and reform of the population at the district level, which can be fined by more than 500,000 dollars; in exceptional circumstances, it may be fined by more than 300,000 dollars.
Article twenty-eighth construction works parties violate the relevant provisions of this approach and use contracts to undermine national interests and public interests, which are dealt with by the business administration and the relevant administrative authorities within their respective mandates.
Article 29 of the construction works party violates tenders, anti-just competition, government procurement, quality management of construction works, State asset regulation, audit supervision, and relevant laws, regulations and regulations, such as construction, development and reform, finance, business and auditing, within their respective spheres of competence.
Article 33 deals with the construction of engineering price advisory bodies, the construction of price practitioners in violation of the relevant qualifications, eligibility management provisions or regulatory norms and norms.
Article 31
Article 32 does not correspond to the specific administrative actions of the executive authorities, such as construction, and may apply to administrative review or administrative proceedings in accordance with the law.
In violation of the relevant provisions of this approach, the executive authorities, such as construction, perform managerial responsibilities for the construction of construction price, construction of work-making services, or carry out price-based, service-based functions in violation of the relevant provisions of this approach, to those responsible for direct responsibility and other direct responsibilities, in accordance with the law governing authority.
Article 34 quantification of construction agents violates civil law, such as the People's Republic of China's Contracts Act and assumes civil responsibility under the law.
In violation of this approach, the judiciary is criminalized by law.
Chapter V
Article 36