Rule number one In order to strengthen the construction project cost management, standardize the construction project cost pricing behavior, reasonably determine 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 People's Republic of China (PRC) Construction Law, the Shaanxi Construction Market Management Regulations and other relevant laws and regulations, combined with the actual situation of this province.
Rule number two These Measures shall apply to the construction project cost and its management within the administrative area of this province.
Rule three. The term "construction project cost" as mentioned in these Measures refers to all the investment required for the construction project from the preliminary preparation to the completion acceptance and delivery.
The term "construction project cost valuation" as mentioned in these Measures refers to the activities of calculating the construction project cost according to the valuation basis, procedures and methods.
Article 4? The construction administrative department of the people's government at or above the county level is responsible for the supervision and management of the construction project cost within its administrative area, and its subordinate construction project cost management institutions are specifically responsible for the construction project cost management.
Development and reform, finance, auditing and other administrative departments shall, according to their respective responsibilities, do a good job in the supervision and management of construction project cost.
Transportation, water conservancy, coal and other relevant administrative departments. , responsible for the supervision and management of professional engineering cost in the State Council.
Article 5? Construction engineering cost industry associations should strengthen industry self-discipline and play the role of industry service and coordination.
Chapter two? Formulation of valuation basis for construction project cost
Article 6? Construction project cost valuation basis includes:
(1) investment estimation index;
(two) budget quota, budget quota, consumption quota, cost quota and time limit for a project quota;
(3) Rules for the valuation of bill of quantities;
(four) the budget price, guidance price and market price of labor, materials and construction machinery;
(five) other relevant valuation basis stipulated by the state and the province.
Article 7? Construction project cost valuation basis shall be formulated and managed in accordance with the following provisions:
(a) the investment estimation index, budget quota and other supporting expenses quota of construction projects shall be formulated and managed by the administrative department of development and reform of the provincial people's government in conjunction with the relevant administrative departments of construction;
(two) the budget quota, consumption quota, time limit quota, cost quota and bill of quantities valuation rules of housing and municipal infrastructure construction projects shall be formulated and managed by the construction administrative department of the provincial people's government;
Transportation, water conservancy, coal and other relevant administrative departments. The implementation of the State Council professional engineering cost basis, can be combined with the actual situation of this province, in conjunction with the provincial people's government development and reform and construction administrative departments to develop local supplementary quota and implement management.
Article 8? Construction project cost management institutions in provinces, cities divided into districts and Yangling Demonstration Zone shall establish a construction project cost database and regularly publish cost information such as labor, materials and construction machinery market prices and construction project cost index within their respective administrative areas. Engineering cost management institutions in various industries can adjust and supplement according to the characteristics of the industry.
Article 9? The construction project cost valuation shall use the construction project cost computer software developed according to the pricing basis of this province and this industry, and the developed computer software shall be reviewed by the provincial project cost management institutions of relevant industries.
Chapter three? Determination of construction project cost
Article 10? Construction project cost valuation includes the following contents:
(a) preparation of investment estimates;
(two) the preparation of the design budget;
(three) the preparation of construction drawing budget;
(4) Compilation of bill of quantities;
(five) the preparation of tender base price or maximum price;
(six) the preparation of tender offer;
(seven) agreed project contract price;
(eight) project settlement and final accounts.
Article 11? The establishment and determination of the construction project cost shall meet the following requirements:
(a) the investment estimate shall be compiled by a qualified compilation unit or engineering cost consulting institution and approved by the competent department of construction project examination and approval;
(two) the design budget shall be compiled by a design unit or engineering cost consulting institution with corresponding qualifications, and approved by the competent department of preliminary design approval or approval of construction projects;
(three) the construction drawing budget is determined by the construction unit or its entrusted engineering cost consulting agency and the construction unit respectively;
(4) The construction bill of quantities, pre-tender estimate or maximum price shall be compiled by a qualified engineering cost consulting and tendering agency and approved by the construction unit, and the construction unit that has the conditions to organize bidding by itself may also compile and determine it by itself;
(five) the tender offer is determined by the bidding enterprise;
(six) the contract price, contract price adjustment and project settlement shall be agreed by both parties to the contract in accordance with the relevant provisions of the state and this province;
(seven) the final accounts of construction projects shall be implemented in accordance with the provisions of the state and the province on financial accounts.
Article 12? A maximum price limit shall be set for the bidding of construction projects in which all state-owned funds are used or state-owned funds are in a controlling or leading position.
Article 13 In the process of implementation, the investment estimate or design estimate of a construction project that is wholly invested with state-owned funds or in which state-owned funds are in a controlling or leading position shall not be broken without the approval of the competent department for project approval or approval.
Fourteenth construction projects that must be subject to tender according to law should adopt the valuation mode of bill of quantities.
Fifteenth the following expenses in the construction project cost are not included in the bidding competition cost:
(1) Endowment insurance;
(2) Unemployment insurance;
(3) medical insurance;
(4) industrial injury and accidental injury insurance;
(5) Employment insurance for the disabled;
(6) Maternity insurance for female employees;
(seven) the construction project quota determination fee;
(8) Housing accumulation fund;
(nine) the cost of safe and civilized construction measures;
(ten) other expenses stipulated by the state and the provincial government.
Article 16 The employer and the contractor shall sign the Construction Contract according to the bid-winning price, and the contract shall stipulate the following construction project cost valuation items:
(a) the contract price of the project (including the total price and the comprehensive unit price of the bill of quantities);
(two) the amount of construction funds in advance, the payment period and the method of deduction;
(three) the payment method, amount and payment period of the construction progress payment;
(four) when the project construction changes, the adjustment method, claim method, payment period and payment method of the project price;
(5) The agreed scope and range of risks, and the adjustment measures beyond the agreed scope and range;
(six) the settlement, settlement audit and payment method, amount and payment period of the project completion price;
(seven) the amount, withholding method and payment period of the project quality assurance (warranty) gold;
(eight) the cost of safe and civilized construction measures;
(nine) the time limit for a project and the time limit for a project in advance or delay the reward and punishment measures;
(10) Guarantee related to contract performance and payment of price;
(eleven) the solution to the project price dispute;
(twelve) other project cost valuation matters that should be agreed by both parties.
The employer and the contractor shall, within 30 days from the date of signing the contract, submit a copy of the contract to the construction administrative department of the people's government at or above the county level for the record.
Article 17? The audit of project settlement and final accounts of construction projects with state-owned investment or state-owned capital investment as the holding or leading position shall be carried out in accordance with the "Audit Measures for National Construction Projects in Shaanxi Province".
If the completion settlement of a construction project needs to be audited, the construction unit may entrust a project cost consulting institution with corresponding qualifications to conduct the audit. The audit results shall be reported to the municipal engineering cost management institution in the district for the record.
The audit results of the completion settlement of professional projects in the industry shall be reported to the provincial engineering cost management institutions for the record.
Article 18? Construction project cost contract disputes can be resolved in the following ways:
(a) by both parties through consultation;
(two) to apply for mediation to the project cost management institution;
(three) to apply for arbitration to the relevant arbitration institutions or bring a lawsuit to the people's court.
Chapter four? Construction project cost organization and personnel management
Nineteenth institutions engaged in construction project cost consultation and bidding agency shall obtain qualification certificates according to law, and engage in construction project cost consultation and bidding agency business within the scope permitted by their qualification grades.
Article 20? Construction project cost consulting and tendering agency shall set up branches in this province, and shall file with the construction administrative department of the provincial people's government.
Construction project cost consulting and tendering institutions from other provinces engaged in relevant business activities in this province shall file with the construction administrative department of the provincial people's government.
Article 21? Personnel who have not obtained the qualification certificate and registration certificate of cost engineer shall not engage in construction project cost activities.
Cost management complies with relevant regulations.
Article 22? The construction project cost consultation and bidding agency shall not have the following acts in the construction project cost valuation activities:
(1) Altering, reselling, leasing or lending the qualification certificate, or illegally transferring the qualification certificate in other forms;
(two) beyond the scope of qualification grade to undertake business;
(three) at the same time to accept the tender, bidders or two or more bidders for the same construction project engineering cost consulting, bidding agency business;
(four) unfair competition that gives kickbacks or maliciously lowers fees;
(five) the project cost consulting and bidding agency business undertaken by subcontracting;
(six) other acts prohibited by laws and regulations.
Article 23? A registered cost engineer shall not commit any of the following acts:
(1) Soliciting bribes, accepting bribes and offering bribes in the course of practicing, and seeking other benefits other than the fees stipulated in the contract;
(2) Signing the project cost documents with false records and misleading statements;
(three) to undertake the project cost business in the name of an individual;
(four) allow others to engage in engineering cost business in their own name;
(five) practicing in two or more units at the same time;
(6) Altering, reselling, leasing, lending or otherwise illegally transferring the registration certificate or practicing seal;
(seven) other acts prohibited by laws and regulations.
Article 24? When undertaking business, the construction project cost consulting and tendering agency shall conclude a written contract with the client and issue the outcome document in accordance with the provisions.
Article 25? The construction project cost consultation and bidding agency shall register the projects undertaken, establish strict quality control, statistical reports and file management systems, and accept the supervision and inspection of the construction administrative department.
Article 26? The construction administrative departments of the people's governments at or above the county level and the competent departments of relevant industries may take the following measures when supervising and inspecting the practice of the construction project cost consultation and bidding agency:
(a) require the inspected unit to provide management system documents such as project cost consultation, qualification certificate of bidding agency, registration certificate of cost engineer, business documents related to project cost, technical file management, quality control, etc.;
(two) access to engineering cost consulting, bidding agency documents and contracts and other related information;
(three) to correct the behavior in violation of the provisions of the valuation.
The supervision and inspection organ shall announce the results of supervision and inspection to the public.
Article 27? The construction administrative department shall establish the credit files of the construction project cost consultation and bidding agency. Construction project cost consultation and bidding agency shall provide true, accurate and complete enterprise credit file information to the qualification licensing authority in accordance with relevant regulations.
Complaints, reports, handling and administrative penalties are recorded as bad records in enterprise credit files.
Any unit or individual has the right to consult credit files.
Chapter five? Legal liability
Article 28? In violation of the provisions of Article 12 of these measures, if the highest price limit is not compiled in the construction bidding of construction projects in which all state-owned funds are used or state-owned funds are invested in the holding or leading position, the construction administrative department of the people's government at or above the county level shall order it to make corrections.
Article 29? In violation of the provisions of Article 13 of these measures, if the construction unit fails to obtain the approval of the competent department for project approval or approval, and the project cost exceeds the approved investment estimate or design estimate, the competent department at a higher level or the supervisory organ shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel according to law.
Article 30? In violation of the provisions of article fourteenth of these measures, the construction project that must be subject to tender according to law does not adopt the bill of quantities pricing model, and the construction administrative department of the people's government at or above the county level shall order it to make corrections.
Article 31? In violation of the provisions of the second paragraph of article sixteenth and the second paragraph of article seventeenth, the construction administrative department of the people's government at or above the county level shall order it to make corrections within a time limit.
Article 32? In violation of the provisions of article twenty-second and article twenty-third, the construction administrative department of the people's government at or above the county level or other relevant departments shall give a warning and order it to make corrections within a time limit. If there is no illegal income, a fine of more than 2,000 yuan 1 10,000 yuan shall be imposed; Illegal income, confiscate the illegal income, and impose a fine of less than 3 times the illegal income and not more than 30 thousand yuan. Anyone suspected of committing a crime shall be transferred to judicial organs for investigation according to law.
Article 33? State functionaries who neglect their duties, abuse their powers or engage in malpractices for selfish ends in the supervision and management of construction project cost shall be given administrative sanctions by the competent department at a higher level or the supervisory organ according to law.
Chapter six? supplementary terms
Article 34? These Measures shall come into force as of April 6, 2008.
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