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 relevant laws and regulations and combined with the actual situation of this province.
Second construction project cost management within the administrative area of this province, the application of this approach.
Article 3 The construction administrative departments of the people's governments at or above the county level shall be responsible for the construction project cost management within their respective administrative areas, and the specific work shall be entrusted to their project cost management institutions.
The development and reform, finance, auditing, transportation, water conservancy, civil air defense and other departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in the management of related project costs.
Provincial transportation, water conservancy, civil air defense and other systems of professional cost management institutions, responsible for the specific work of this system of professional engineering cost management, business to accept the guidance of provincial engineering cost management institutions.
Article 4 The term "construction project cost" as mentioned in these Measures refers to the total cost of a construction project from preliminary preparation to completion, acceptance and delivery, including the following items:
(a) construction and installation costs, including direct costs, indirect costs, reasonable profits of construction enterprises and statutory taxes and fees for civil installation projects;
(two) the purchase cost of equipment and tools, including the purchase cost of all kinds of equipment, tools and appliances purchased or made by ourselves for construction projects that meet the standards of fixed assets;
(3) Other engineering construction costs, including land use right acquisition fees, survey fees, design fees, engineering supervision fees, consulting fees of intermediary institutions, research and test fees, bidding fees, management fees of the construction unit, temporary facilities fees of the construction unit, engineering insurance fees, etc.
(4) Reserve funds, including basic reserve funds and reserve funds for price increase;
(five) the interest that the construction unit should pay for the loans and bonds issued for the construction project during the construction period;
(six) taxes, administrative fees and government funds for construction projects;
(seven) other expenses that should be included in the project cost as stipulated by the state.
Fifth building installation fees, equipment and tools purchase fees, survey fees, design fees, project supervision fees, consulting fees of intermediary agencies, etc. The cost of the project under construction shall be agreed in the contract by the construction unit and the contractor through fair competition.
Projects that must be subject to tender according to law shall be subject to tender, and projects that fall within the scope of government procurement shall be subject to government procurement.
Article 6 The provincial engineering cost management institution shall, according to the engineering construction norms and quality standards stipulated by the state, compile the consumption standards of construction engineering labor, materials, equipment and construction machinery and related pricing rules, and publish them after expert review or hearing, so as to provide a basis for the construction engineering cost valuation.
Traffic, water conservancy, civil air defense and other professional projects are priced according to the industry cost pricing basis issued by the relevant departments of the State Council.
The project cost management institution shall timely collect and publish the cost information such as the market price of labor, materials and construction machinery, the average profit rate of construction enterprises, the average index of project cost, and the changing trend of material price within its administrative area, so as to provide reference for the cost valuation of various construction projects.
Seventh 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;
(four) the preparation of the bill of quantities and the pre-tender estimate;
(five) the preparation of tender offer;
(six) agreed project contract price;
(seven) for the completion of the settlement and final accounts.
Article 8 The investment estimate, design estimate and construction drawing budget shall reasonably predict the changing trend of price, interest rate and exchange rate from the project preparation period to the project completion period in accordance with the requirements of ensuring the project quality, improving the investment benefit and comprehensively optimizing the design, on the basis of the valuation stipulated in the first or second paragraph of Article 6 of these Measures, with reference to the cost information stipulated in the third paragraph of Article 6 of these Measures, and in accordance with the pricing rules and statutory taxes stipulated by the state and the province.
Article 9 The approved investment estimate or design estimate is the maximum investment limit of a construction project that is wholly invested or mainly invested by state-owned funds, and shall not be exceeded without the approval of the project examination and approval department.
Tenth all the construction projects that use state-owned capital investment or state-owned capital investment as the main body, the bidding of construction and installation projects should adopt the bill of quantities valuation method. Bidding for construction and installation projects invested by non-state-owned funds shall be carried out by means of bill of quantities.
For construction and installation projects that are not subject to tender according to law, the contract price of the project shall be determined by the contracting unit and the contractor through equal consultation according to the construction drawing budget.
Article 11 For construction and installation projects priced by bill of quantities, the construction unit shall, according to the construction design documents, prepare the bill of quantities according to the project name, project code, measurement unit and measurement rules stipulated in the Code for Valuation of Bill of Quantities for Construction Projects.
Need to set the pre-tender estimate for construction and installation projects, the pre-tender estimate shall be calculated and determined in accordance with the quantities specified in the bill of quantities, with reference to the cost information specified in the third paragraph of Article 6 of these Measures, and in accordance with the pricing rules and statutory taxes and fees stipulated by the state and the province. The bill of quantities shall be provided to the bidder as an integral part of the tender documents.
Article 12 A bidder shall, according to the quantities specified in the bill of quantities, determine the bidding price according to the pricing rules and statutory taxes and fees stipulated by the state and the province, and in combination with the actual situation of the enterprise's labor productivity, and shall not bid at a price lower than the cost.
The bid price of the winning bidder is the contract price of the project, which shall not be changed when signing the contract.
Thirteenth the employer and the contractor shall sign a written "construction contract" according to law, and shall not conclude other agreements inconsistent with the contents of the contract.
For a construction project invested entirely or mainly with state-owned funds, the contractor shall, within 30 days from the date of signing the construction contract of the construction project, send a copy of the contract to the corresponding project cost management institution for the record.
Fourteenth "construction project construction contract" shall make an agreement on the following cost valuation matters:
(a) the project contract price, including the total contract price and the unit price of the bill of quantities;
(2) Safety measures and accident insurance fees;
(three) the time, amount and method of the project preparation fee in advance and the project progress payment;
(four) design changes, or the identification of wrong items, missing items and calculation errors in the bill of quantities, and the calculation method of the corresponding price;
(five) the reward for completing the project in advance and the liability for breach of contract for delaying the construction period;
(six) the responsibility for breach of contract for the project quality award and unqualified project quality;
(seven) the scope and degree of the risk of price change of equipment and materials, and the adjustment method when the contract price of the project exceeds the agreed scope and degree;
(eight) the payment method and the liability for breach of contract after the completion settlement and settlement;
(9) Guarantees related to the performance of the contract and payment of the price;
(10) Other matters that should be agreed by both parties.
Fifteenth in the construction of construction and installation projects, the employer and the contractor shall strengthen the project cost control, ensure the quality of the project, and shall not modify the design, expand or reduce the engineering quantity without authorization, and shall not cut corners.
After the completion of each division project, the Contractor shall submit the project visa form to the Employer or its entrusted supervision engineer within 7 days from the date of completion or within the time stipulated in the contract for project acceptance. The Employer or its entrusted supervision engineer shall accept the project and sign the project visa within 14 days from the date of receiving the project visa or within the time agreed in the contract; If it fails to accept or sign within the time limit, it shall be deemed as consent.
The employer and its entrusted supervision engineer shall sign the project visa form as it is, and shall not resort to deceit.
Article 16 After the construction and installation project is completed, unless otherwise agreed by the employer and the contractor, the contractor shall submit complete and true completion settlement documents to the employer within 30 days from the date of project completion acceptance. The types and contents of completion settlement documents shall be implemented in accordance with state regulations.
If the Employer has any objection to the completion settlement document, it shall raise it with the Contractor within 30 days from the date of receiving the completion settlement document, and negotiate with the Contractor within 30 days from the date of raising the objection. If no objection is raised at the expiration of the objection period, or the contractor's opinion is not consulted at the expiration of the negotiation period, it shall be deemed as acceptance of the completion settlement document, and the employer shall make the completion settlement with the contractor in accordance with the contract.
Article 17 If the Employer has any objection to the completion settlement document, and negotiation with the Contractor fails, both parties shall entrust a qualified engineering cost consulting agency for review within 10 days.
The employer shall deliver all the completion settlement documents submitted by the contractor to the entrusted project cost consulting institution within 10 days from the date of signing the entrusted audit contract.
Eighteenth engineering cost consulting institutions to conduct project completion settlement audit, should be objective and fair.
The engineering cost consultation institution shall complete the audit within the following time limit from the date of receiving all the completion settlement documents delivered by the Employer:
(a) 5 million yuan (including 5 million yuan) of the following projects, 20 days;
(two) 5 million yuan to 20 million yuan (including 20 million yuan) of the project, 30 days;
(three) 20 million yuan to 50 million yuan (including 50 million yuan) project, 45 days;
(4) 60 days for projects with a price of more than 50 million yuan and 65.438 billion yuan (including 65.438 billion yuan);
(5) 1 100 million yuan project, 90 days.
The entrusted audit is only conducted once. If the employer and the contractor have objections to the audit report, they may apply to the corresponding project cost management institution for mediation; If mediation fails, it may apply for arbitration or bring a lawsuit to the people's court according to law; You can also directly apply for arbitration or bring a lawsuit to the people's court.
Nineteenth all use of state-owned capital investment or state-owned capital investment as the main body of the construction and installation project completion settlement, it should be entrusted with the corresponding qualification of the project cost consulting institutions to review the completion settlement documents. The engineering cost consulting institution shall submit a copy of the audit report to the corresponding engineering cost management institution within 30 days from the date of the end of the audit.
Twentieth construction project final accounts, in accordance with the provisions of the state and the province on financial accounts.
Twenty-first construction engineering survey, design, construction, supervision, cost consulting, bidding agency, cost management and key construction projects, real estate development, construction agency and other units, the project cost valuation, evaluation, audit, control and other key positions, should be equipped with cost engineers.
If a cost engineer cannot be registered in two or more units at the same time, he shall engage in cost consulting activities in accordance with the qualification system for cost engineers stipulated by the state.
Article 22 A unit with the qualification of registered cost engineer may prepare its own project cost achievement documents such as construction project investment estimation, design budget estimation, construction drawing budget, bill of quantities, pre-tender estimate, tender offer, completion settlement, etc. Units without registered cost engineers shall entrust engineering cost consulting institutions with corresponding qualifications to prepare.
The project cost achievement document shall be signed by the registered cost engineer who is responsible for the preparation, and stamped with the special seal for practice and the seal of the preparation unit. The compiling unit and the registered cost engineer responsible for compiling shall bear legal responsibility for the engineering cost achievement documents compiled by them.
Twenty-third engineering cost consulting institutions that have obtained the qualification certificate of engineering cost consulting units according to law may, within the approved scope, be entrusted to engage in the following businesses:
(a) the preparation, review and project evaluation of the investment estimate of the construction project;
(two) the construction project design budget, construction drawing budget, bill of quantities, tender base price, tender offer, completion settlement preparation, audit;
(three) the calculation of the adjustment of the project contract price and the calculation of the claim cost;
(4) Cost control in the implementation stage of the construction project;
(five) construction project settlement audit, dispute identification;
(six) other business related to the construction project cost valuation.
Engineering cost consulting institutions shall register the engineering cost consulting projects undertaken by them, and establish and improve the system of compilation, audit and file management.
Twenty-fourth engineering cost consulting institutions shall have the following acts:
(a) engaged in cost consulting activities beyond the scope approved by the qualification certificate;
(two) the transfer of engineering cost consulting business;
(three) to engage in cost consulting activities in the name of other units, or to allow other units to engage in cost consulting activities in the name of their own units;
(four) the preparation of construction drawing budget, bidding base price, and the preparation of bidding quotations for construction project bidders;
(five) there are more than two bidders for the same unit project of the same construction project;
(six) to prepare the completion settlement for the construction project contractor, and then accept the entrustment to review the completion settlement of the construction project;
(seven) in the preparation and review of project cost documents, resort to deceit, raise prices, lower prices, or attach other unreasonable conditions;
(eight) other acts prohibited by laws, regulations and rules.
Twenty-fifth construction project cost valuation and management should develop and apply computer software.
The relevant units and their cost engineers shall, when compiling the project cost achievement documents, use the computer software that conforms to the "Code for Valuation of Construction Engineering Bill of Quantities" and the valuation basis stipulated in these Measures. Do not meet, the construction administrative department shall require it to stop using or modify.
Article 26. If the construction unit of a construction project invested entirely or mainly with state-owned funds, in violation of the provisions of these measures, changes the construction content, expands the construction scale and raises the construction standards without the approval of the project examination and approval department, so that the project cost exceeds the approved investment estimate or design estimate, the directly responsible person in charge and other directly responsible personnel shall be punished according to law, and if the case constitutes a crime, criminal responsibility shall be investigated according to law; If a construction project can be corrected, the project examination and approval department shall urge it to make corrections.
Article 27 If the compilation unit or staff of the project cost achievement document violates the provisions of these measures, intentionally or due to gross negligence, resulting in errors in the compilation of the project cost achievement document, thus causing losses to the construction unit or contractor, they shall be liable for compensation according to law; Bad behavior shall be recorded by the construction administrative department and given a warning.
Twenty-eighth engineering cost consulting institutions have one of the acts listed in Article 24 of these measures, and the construction administrative department shall record the bad behavior, order it to make corrections, and impose a fine of more than 30,000 yuan 10000 yuan; If the qualification should be cancelled according to law, it shall be handled in accordance with relevant regulations.
Twenty-ninth units that have not obtained the qualification certificate of engineering cost consulting units are engaged in engineering cost consulting activities, and the construction administrative department shall order them to stop their activities and may impose a fine of more than 30 thousand yuan 1 10 thousand yuan.
Without registration, engaged in engineering cost consulting activities in the name of a cost engineer, shall be ordered by the construction administrative department to stop the activities, and may be imposed a fine of more than 5000 yuan and less than 20 thousand yuan.
If the cost engineer practices in more than two units, the construction administrative department shall record the bad behavior, order it to make corrections, and may impose a fine of more than 1000 yuan 1000 yuan; If the qualification should be cancelled according to law, it shall be handled in accordance with the relevant provisions of the state.
Thirtieth other acts in violation of these measures, the relevant laws, regulations and rules, shall be punished by the relevant departments according to law.
Article 31 the construction administrative departments and their engineering cost management institutions, professional cost management institutions staff dereliction of duty, corruption, abuse of power in the construction project cost management, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32 These Measures shall come into force as of June 1 2005.