Article 1 In order to strengthen the management of construction project cost, standardize the pricing behavior of construction project cost, reasonably determine and effectively control the project cost, and safeguard the legitimate rights and interests of all parties involved in the project construction, these Measures are formulated in accordance with the provisions of the Construction Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this province.
Article 2 These Measures shall apply to the construction project cost activities within the administrative area of this province; Construction project cost activities that must be subject to tender according to law shall be supervised and managed in accordance with the provisions of these measures.
Third construction administrative departments at or above the county level shall be responsible for the supervision and management of the construction project cost within their respective administrative areas, and the specific work shall be implemented by their project cost management institutions.
Fourth provincial engineering cost management institutions shall, according to the relevant provisions of the state and the norms and standards of engineering construction, formulate the engineering cost management system and pricing rules, and compile the consumption index of construction projects to provide the pricing basis for the construction project cost.
Engineering cost management institutions at all levels shall timely collect and publish the market prices of labor, materials and construction machinery, the average index of engineering cost, the trend of price changes and other cost information, so as to provide pricing reference for various construction engineering costs.
Fifth construction projects that must be subject to tender according to law must adopt the current national and provincial construction project cost valuation basis. It is forbidden for all parties in construction projects to collude with each other, overestimate risks and seek illegal interests.
The valuation basis of construction project cost mainly includes project investment estimation index, construction period, budget estimate quota, budget quota (unified base price table and valuation table), cost quota, construction machinery machine-team cost quota and supplementary quota, and other valuation basis stipulated by the state and province.
Article 6 The investment estimation of construction projects shall be based on the project valuation, with reference to the changes of prices, interest rates and exchange rates during the construction period.
Seventh construction project design budget should be under the control of investment estimation, in accordance with the principles of budget preparation and project valuation basis. As the main basis of investment and cost control, the approved design budget estimate shall not be broken without the approval of the project examination and approval department.
Article 8 The construction drawing budget of a construction project shall be compiled by a registered cost engineer or a cost engineer with corresponding qualifications within the approved design budget according to the approved construction drawing, construction organization design scheme, valuation basis and relevant regulations.
Article 9 The valuation method of construction projects can be based on bill of quantities or quota, and it shall be specified in the tender documents according to relevant laws and regulations. However, the two pricing methods cannot be mixed in the same project.
Article 10 The employer and the contractor shall sign a written "Construction Contract for Construction Projects" according to law. For a construction project that must be subject to tender according to law, the contract price and the bid-winning price shall be consistent. After the contract price is agreed in the contract, neither party may change it without authorization, nor may it sign an agreement that is inconsistent with the essence of the contract outside the contract.
Eleventh "construction contract" shall, in accordance with the relevant provisions of the state and the province, make an agreement on the following project cost matters: (1) the project contract price; (two) the amount, duration and method of prepayment of project funds and disbursement of project progress funds; (3) Determination of design changes, errors, omissions and calculation errors in the bill of quantities, adjustment method of project price, claim method, time limit for a project and payment method of corresponding price; (four) the amount, withholding method and return period of the project quality assurance (warranty) gold; (five) the time limit for a project and the time limit for a project in advance or delay the reward and punishment measures; (six) the scope and degree of the risk of price changes of equipment and materials, and the adjustment method when the contract price of the project exceeds the agreed scope and degree; (seven) the payment method and the liability for breach of contract after the completion of the settlement; (eight) safety measures, civilized construction and accident insurance costs; (nine) the guarantee matters related to the performance of the contract and the payment of the price, and the solution to the project valuation dispute; (ten) other project cost matters that both parties think should be agreed.
Twelfth construction projects that must be subject to tender according to law, the employer and the contractor shall, within 7 days after signing the construction contract of the construction project, submit a copy of the contract to the project cost management institution at or above the county level for the record. At the time of filing, the tender documents, the bid-winning notice, the commercial bid of the winning bidder and the electronic data of the winning bidder shall be submitted at the same time.
Supplementary contracts and supplementary agreements signed by the employer and the contractor in the construction process involving project cost adjustment shall be reported to the project cost management agency for the record in a timely manner.
Article 13 When the contract price is adjusted as agreed in the contract, the contractor shall notify the employer in writing of the reason and amount of the adjustment within 14 days, and the employer will take the adjusted amount as an additional contract price after confirmation, and handle it as agreed in the contract. If the Employer fails to confirm or put forward opinions within 14 days after receiving the notice from the contractor, it shall be deemed as agreeing to the adjustment. If the contractor fails to submit the adjustment report or notify the employer within the specified time, the employer may decide whether to adjust and adjust the amount according to the relevant information, and notify the contractor in writing.
The project cost visa involved in the adjustment agreed in the construction contract shall be written materials signed by the contractor, the employer and the supervision engineer or the representative of the cost engineer.
Fourteenth project completion settlement should be based on the "construction contract" signed by the employer and the contractor, combined with the contract price agreed in the contract to adjust the content.
For a construction project that must be subject to tender according to law, the completion settlement shall be based on the construction contract of the construction project filed in the project cost management institution, and adjusted according to the contract price agreed in the contract.
Fifteenth after the completion of the project, unless the employer and the contractor have a contract, the contractor shall submit a complete completion settlement document to the employer within 28 days from the date of completion acceptance.
Article 16 After receiving the project completion settlement documents submitted by the contractor, the employer may directly review them if conditions permit, or entrust a project cost consulting enterprise with corresponding qualifications to review them, and put forward written review opinions within the prescribed time limit. Failing to put forward the examination opinions within the time limit shall be deemed as approval.
The project cost consulting enterprise shall objectively and fairly review the project completion settlement and complete it within the time limit stipulated in the contract.
Article 17 The preliminary examination opinions of an engineering cost consulting enterprise shall be delivered to both the employer and the contractor in written form. Within 15 days after receipt, the employer and the contractor shall give feedback for approval or modification. Failing to give feedback within the time limit shall be deemed as passing.
Eighteenth after the completion of the project settlement review, the employer shall pay the project settlement within the prescribed time limit, and shall not delay the payment.
The contractor shall give priority to the payment of workers' wages after obtaining the project progress payment and the completion settlement price.
Article 19 Disputes arising from project completion settlement activities shall be settled through consultation between the contractor and the employer according to the valuation basis and relevant regulations. If negotiation fails, it may apply to the project cost management institution where the project is located for mediation, or it may be submitted to the Arbitration Commission for arbitration in accordance with the contract or bring a lawsuit to the people's court according to law.
Article 20 For a project subject to tender according to law, after the completion settlement documents are confirmed by both the contractor and the employer, the contractor shall submit them to the project cost management institution where the project is located within 10 days for review and filing. The following materials shall be submitted for examination and filing: (1) Construction permit; (2) engineering settlement documents; (3) Cost engineer and certificate of cost engineer; (four) proof of payment of the project price; (5) Other materials that should be submitted.
Twenty-first engineering cost management institutions within 5 days from the date of receipt of the project completion settlement documents, in accordance with the provisions of these measures and the "construction contract" for the record, the completion settlement documents for the record review. The main contents of the record review: (1) the performance of the cost clause in the project construction contract; (two) whether the completion settlement is compiled and audited according to the provisions of the contract; (3) Whether the qualifications of editing units and personnel meet the requirements; (four) to review the payment of various fees stipulated by the state.
If the filing and review of the completion settlement documents comply with the relevant provisions, the completion settlement documents shall be filed; The completion settlement documents that do not meet the relevant provisions shall be corrected by the parties within the prescribed time limit.
Twenty-second project completion settlement documents have not been reviewed and filed by the project cost management institution, and the completion acceptance will not be filed.
Twenty-third project completion settlement documents will be used as the basis for paying the project settlement price and final accounts after being confirmed and signed by both the employer and the contractor.
The project completion settlement documents that must be subject to tender according to law shall be confirmed and signed by both the employer and the contractor, and shall be used as the basis for paying the project settlement price and final accounts after being audited and filed by the project cost management institution.
Twenty-fourth engineering cost consulting enterprises and cost professionals engaged in construction project cost valuation activities shall obtain corresponding qualifications according to law, and shall abide by relevant professional standards and norms and engage in engineering cost activities within the prescribed scope.
Twenty-fifth engineering cost consulting enterprises shall carry out consulting services in accordance with the law, timely and accurately provide information and relevant reports to the entrusting party, and shall not charge fees in violation of relevant regulations.
Article 26 The compiling unit of the construction project cost achievement document and the registered cost engineer and cost engineer responsible for compiling the document shall bear legal responsibility for the project cost achievement document compiled by them.
Twenty-seventh where the province's construction project cost documents, should be used in accordance with the "construction project bill of quantities valuation norms" and the provisions of the valuation basis of computer software. Do not meet, shall not be used for the project cost valuation activities in this province, the project cost management institution shall order it to stop using or modify.
Twenty-eighth construction projects that must be subject to tender according to law violate the provisions of these measures and do not carry out pricing activities according to the current national and provincial pricing basis, and the relevant administrative departments of the project shall order them to make corrections; Those who refuse to make corrections will be fined 10000 yuan and 30000 yuan. Those who collude with each other, overestimate and seek illegal interests, and impose a fine of more than 5,000 yuan and less than 20,000 yuan on the directly responsible personnel; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-ninth in violation of the provisions of these measures, not according to the prescribed time limit to pay or settle the project, the project administrative department shall order it to make corrections, a fine of 654.38 million yuan and 30 thousand yuan, the person directly responsible shall be given administrative sanctions.
Article 30 If the compilation unit or editor of the project cost achievement document violates the provisions of these measures and intentionally or due to gross negligence causes losses to the employer or contractor, it shall be liable for compensation according to law, and the construction administrative department shall record its bad behavior in the credit file and publicize it; If the circumstances are serious, the practicing qualification or qualification shall be cancelled according to law.
Thirty-first units that have not obtained the qualification certificate of engineering cost consulting enterprises are engaged in engineering cost consulting activities, and the engineering cost achievement documents issued by them are invalid, and the construction administrative department shall impose a fine of 1 10,000 yuan to 30,000 yuan.
Those who engage in engineering cost consulting activities in the name of cost engineer or cost engineer without registration, and the engineering cost achievement documents signed or compiled by them are invalid, shall be fined between 5,000 yuan and 20,000 yuan by the construction administrative department.
Thirty-second administrative departments and their engineering cost management institutions must supervise and manage the construction project cost in accordance with laws, regulations and relevant provisions. Its staff in the construction project cost management dereliction of duty, abuse of power, corruption, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 33 These Measures shall come into force on June 65438+ 10/day, 2008.