Article 2 These Measures shall apply to the formulation, revision and release of construction project cost activities and construction project valuation guidance basis within the administrative area of this province.
The formulation, revision and release of construction project cost activities and guiding valuation basis for transportation, water conservancy, electric power and other majors shall be implemented in accordance with relevant state regulations; These Measures shall apply to the absence of provisions of the state.
Article 3 The people's governments at or above the county level shall establish and improve the construction project cost management system, improve the supervision and management mechanism, ensure the relevant capital investment, and urge the relevant departments and institutions to do a good job in the construction project cost management according to law.
Article 4 The construction administrative department of the people's government at or above the county level or other departments determined by the people's government (hereinafter referred to as the construction project cost management department) shall be responsible for the construction project cost management within their respective administrative areas. The construction project cost management institution affiliated to the construction project cost administrative department is responsible for the specific affairs of cost management.
Transportation, water conservancy, electric power and other professional construction engineering cost administrative departments (hereinafter referred to as professional construction engineering cost administrative departments) shall be responsible for the relevant management of professional construction engineering cost activities in accordance with the responsibilities stipulated by the state and these measures.
Development and reform, finance, supervision, auditing, industry and commerce, state-owned assets supervision and management and other relevant departments (organs) and institutions shall be responsible for the relevant management or supervision of construction project cost according to their respective responsibilities.
Article 5 Construction project cost activities shall follow the principles of legality, objectivity, impartiality, independence and good faith, and safeguard public interests.
Article 6 Construction engineering cost industry associations shall strengthen industry self-discipline and play the role of industry guidance, service and coordination. Article 7 The administrative department in charge of construction project cost shall establish a dynamic management mechanism and a market research mechanism to guide the valuation basis, timely adjust the valuation basis and related management measures, and scientifically guide the construction project cost activities.
Article 8 The compilation or revision of the valuation basis for construction projects shall take the form of demonstration meetings and symposiums to solicit and fully listen to the opinions of all parties and relevant experts in construction projects.
The compilation or revision of the guiding valuation basis for construction projects should be compatible with the level of economic and social development and engineering technology development, reflect the technical and management level of the construction industry, promote the popularization and application of scientific and technological achievements in the field of engineering construction, and meet the requirements of relevant national standards.
Article 9 the project quota shall be revised by the provincial construction project cost management institution and submitted to the provincial construction project cost administrative department in conjunction with the development and reform and financial administrative department at the same level for approval and promulgation.
The project quota shall be interpreted by the provincial construction project cost management institution; If necessary, submit a statement to the enacting body.
Tenth in response to the special circumstances encountered in the implementation of construction projects, the need to supplement the project quota, the provincial construction project cost management agencies to organize the preparation and release of supplementary quota, and reported to the relevant examination and approval departments for the record.
Eleventh due to the particularity of the design and construction of construction projects, the formulated project quota lacks the corresponding content, and the construction enterprise may negotiate with the construction unit to prepare a one-time supplementary quota. One-time supplementary quota is only applicable to this construction project.
The one-time supplementary quota for state-owned investment construction projects shall be filed by the construction unit with the municipal construction project cost management institution located in the district where the construction project is located; Involving the design change of government investment projects and the corresponding adjustment of project contract price, the examination and approval or filing procedures shall be handled in accordance with the relevant provisions of the Measures for the Administration of Government Investment Budget in Zhejiang Province.
Twelfth construction project cost administrative departments shall establish a basic database of construction project cost, and regularly collect, calculate and publish market information prices, construction project price factor indexes, indexes and other related information.
Thirteenth to encourage the development and application of construction project cost software and auxiliary management system.
The construction project cost software developed and sold by the software development unit shall comply with the relevant provisions of the state and this province. Fourteenth construction project cost should follow the principle that investment estimation controls design budget, design budget controls construction drawing budget, and construction drawing budget controls project settlement, and implement whole process management.
The investment estimate, design estimate and construction drawing budget of construction projects shall be compiled in accordance with the relevant provisions of the state and the province.
Fifteenth construction units and construction enterprises shall, in accordance with the guiding valuation basis and the relevant provisions of the state and province, stipulate the project cost in the construction contract. The agreement on the cost of bidding construction projects shall comply with the provisions of laws, regulations and rules relating to bidding.
The provincial administrative department for industry and commerce may, jointly with relevant departments, formulate a model text of the construction contract of the construction project.
Sixteenth state-owned investment construction projects should be priced by bill of quantities. The bill of quantities shall be prepared according to the construction drawing, and shall not resort to deceit.
Non-state-owned investment construction projects advocate the use of bill of quantities valuation.
Seventeenth construction project bidding, the construction unit shall, in accordance with the provisions of the construction contract to the construction project cost administrative departments for the record. The construction contract of the construction project for the record shall be used as the basis for the settlement of the construction project.
The construction unit shall, at the same time as submitting the construction contract of the construction project for the record, submit the materials indicated in the relevant construction project to the administrative department of construction project cost.
Where a state-owned investment construction project is subject to tender, the construction unit shall organize the preparation of the tender control price and submit the relevant materials to the administrative department of construction project cost. Bidding control price is the highest project cost limited in construction project bidding.
Eighteenth construction safety protection and civilized construction measures fee payment and management, in accordance with the relevant provisions of the state. The relevant supervision and management departments should strengthen supervision.
Nineteenth project price settlement, in accordance with the provisions of the construction contract and relevant laws, regulations and rules.
For construction projects that can be settled in real time in sections, the construction unit shall settle in real time in sections according to the progress of the project.
After receiving the project settlement documents, the construction unit shall review and give a reply within the agreed time limit. If there is no agreement or unclear agreement on the time limit for approval of project settlement, the specific time limit shall be determined according to 28 working days; The construction unit and the construction enterprise may also agree on another time limit, but the maximum time limit shall not exceed 6 months.
Twentieth construction units shall, within 30 days from the date of signing the project price settlement book with the construction enterprise, submit the settlement data to the administrative department of construction project cost.
Where the laws, regulations and rules stipulate that the project price settlement needs to be approved or recognized by the financial department, the construction unit shall submit the settlement data within 30 days from the date of approval or recognition.
Article 21 If the construction unit refuses, evades or delays the payment of the due project price in violation of the construction contract, the construction enterprise may suspend the construction, and may apply to the people's court for a payment order according to the quantities confirmed by the authorized representative of the construction unit or the project price, requiring the construction unit to pay the project price.
Twenty-second construction units and construction enterprises have disputes over the settlement price of construction projects, and may apply to the administrative department of construction project cost or the construction project cost management institution for mediation; Unwilling to negotiate or mediate, or if negotiation or mediation fails, it may apply for arbitration or bring a lawsuit according to law.
Chapter IV Management of Engineering Cost Consulting Enterprises and Employees
Twenty-third engineering cost consulting enterprises shall obtain the qualifications prescribed by the state according to law, and engage in consulting activities within the scope permitted by their qualification grades. Without obtaining the qualification prescribed by the state or engaging in consulting activities beyond the scope permitted by law, the project cost consulting results document issued by it is invalid.
Engineering cost consulting enterprises engage in engineering cost consulting activities according to law, and are not restricted by administrative regions and industries.
No unit or individual may restrict or designate engineering cost consulting enterprises to engage in engineering cost consulting activities in this system and this industry.
Article 24 An engineering cost consulting enterprise shall sign a written contract with the entrusting unit, undertake business, provide services objectively and fairly in accordance with the contract requirements, standards and specifications, operating procedures and practice guidelines, and be responsible for the quality of the engineering cost consulting achievement documents issued.
The engineering cost consulting achievement document issued by the engineering cost consulting enterprise shall be stamped with the business practice seal of the enterprise, signed by the registered cost engineer and the cost engineer undertaking the consulting business and stamped with the seal of the supervisor (subordinate).
Twenty-fifth engineering cost consulting enterprises shall have the following acts:
(a) alter, resell, lease, lend the qualification certificate or illegally transfer the qualification certificate in other forms;
(two) beyond the level of qualification to undertake cost consulting business;
(three) at the same time to accept the tender, bidders or two or more bidders for the same construction project cost consulting business;
(four) the use of enterprise employees outside (from) industry seal or special seal;
(five) the transfer of its cost consulting business;
(six) deliberately raise or lower the project cost;
(seven) forging cost data or issuing false cost consultation documents;
(eight) disclosure of business secrets and technical secrets obtained in consulting services;
(nine) giving kickbacks, bribes and other acts of unfair competition;
(ten) other acts prohibited by laws, regulations and rules.
Twenty-sixth project cost executive (slave) industry personnel shall obtain the registration certificate of cost engineer or the qualification certificate of national construction project cost engineer according to law, and carry out executive (slave) industry activities in accordance with the relevant provisions of the state and province.
Twenty-seventh engineering cost executive (slave) industry personnel shall not have the following acts:
(1) Signing the cost documents with false records or misleading statements;
(2) Being registered (divorced) in a non-actual business unit;
(three) to undertake the cost business in the name of an individual, to allow others to engage in the cost business in their own name, or to sign the cost achievement document in the name of others;
(four) at the same time in two or more units engaged in (from) the industry;
(5) Altering, reselling, leasing, lending or illegally transferring the registration certificate, official seal and special seal in other forms;
(six) the disclosure of business secrets and technical secrets obtained from the industry;
(seven) other acts prohibited by laws, regulations and rules.
Twenty-eighth engineering cost consulting enterprises should establish and improve the quality control, operation process, file management and other management systems, and strengthen the professional training, legal system and professional ethics education for employees. Twenty-ninth construction cost administrative departments and relevant supervision and management departments shall establish an information sharing platform, strengthen information exchange, and improve the collaborative supervision mechanism. If an illegal act is found, it shall be dealt with according to law. The relevant units and individuals shall cooperate.
Business secrets and technical secrets known in the supervision and inspection shall be kept confidential.
Thirtieth construction cost administrative departments shall establish credit files of engineering cost consulting enterprises and employees, and publish them in accordance with the relevant provisions of the state.
Thirty-first administrative departments in charge of construction project cost shall publish information such as bidding control price, winning bid price and settlement price of construction projects within their respective administrative areas on their portal websites or other media, and accept social supervision. Except for construction projects that should be kept confidential according to law.
Article 32 If a state-owned investment construction project exceeds the investment limits and standards stipulated by the state and the province, increases the construction content, expands the construction scale without authorization, wins the bid at a low price, and settles at a high price, and fails to pay the project amount as agreed in the construction contract, it shall be investigated and verified by the relevant supervision and management departments of development and reform, supervision, finance, auditing and construction project cost, and shall be dealt with according to their respective responsibilities. Thirty-third acts in violation of the provisions of these measures, laws and regulations have legal liability provisions, from its provisions.
Thirty-fourth in violation of the provisions of the first paragraph of Article 16 of these measures, the state-owned investment construction projects do not implement the bill of quantities valuation, the construction project cost administrative department shall order it to make corrections within a time limit and impose a fine of more than 50,000 yuan 1 10,000 yuan.
Thirty-fifth in violation of the provisions of article seventeenth of these measures, the construction unit in any of the following circumstances, the construction project cost administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 6.5438+0 million yuan and 30,000 yuan shall be imposed:
(a) the construction contract of the construction project has not been reported to the administrative department of construction project cost for the record;
(two) the materials that have been priced in the construction project are not submitted to the administrative department of construction project cost according to the regulations;
(three) failing to submit the tender price control materials to the construction project cost management department according to the regulations.
Thirty-sixth in violation of the provisions of article twentieth of these measures, the construction unit fails to submit the project settlement price information in accordance with the provisions, and the administrative department in charge of construction project cost shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it will be fined 6,543,800 yuan and 50,000 yuan.
Article 37 If an engineering cost consulting enterprise violates the provisions of Item (1) to Item (7) of Article 25 of these Measures, it shall be given a warning by the administrative department in charge of construction engineering cost. If there is no illegal income, it shall be fined between 1 10,000 yuan and 1 10,000 yuan; If there is illegal income, a fine of more than 3 times the illegal income but not more than 50 thousand yuan shall be imposed.
Engineering cost consulting enterprises in violation of the provisions of article twenty-fifth (eight) and (nine) of these measures shall be handled by the administrative department for industry and commerce in accordance with the relevant provisions.
Article 38. Construction project cost law enforcement (subordinate) personnel who violate the provisions of items (1) to (5) of Article 27 of these Measures shall be given a warning by the construction project cost administrative department and ordered to make corrections within a time limit. If there is no illegal income, a fine of 654.38+10,000 yuan or more and 654.38+10,000 yuan or less shall be imposed; If there is illegal income, a fine of more than 3 times the illegal income but not more than 30 thousand yuan shall be imposed.
Construction project cost enforcement (from) industry personnel in violation of the provisions of article twenty-seventh (six) of these measures, shall be dealt with by the administrative department for Industry and commerce in accordance with the relevant provisions.
Article 39 If the administrative department in charge of construction project cost, relevant supervision and management departments, construction project cost management institutions and their staff violate the provisions of these measures, fail to perform or improperly perform supervision and management duties, thus causing serious consequences, the directly responsible person in charge and other directly responsible personnel shall be investigated for responsibility according to the management authority. Fortieth in violation of the provisions of these measures, the administrative department in charge of construction project cost and the professional administrative department in charge of construction project cost may entrust the construction project cost management institution to implement administrative punishment according to law.
Forty-first the term "construction project cost" as mentioned in these Measures refers to all the expenses incurred by construction activities during the period from preliminary preparation to completion, acceptance and delivery.
The term "guiding valuation basis" as mentioned in these Measures refers to the project quota, supplementary quota and price information adopted by all parties in the construction project cost activities.
The term "state-owned investment construction projects" as mentioned in these Measures refers to the construction projects in which all state-owned funds (including state financing funds) are used for investment, and the state-owned funds account for more than 50% of the total investment, or although less than 50%, the state-owned investors actually have the controlling stake.
Article 42 These Measures shall come into force as of 20 12 10 1. On April 22, 2004, the Measures for the Administration of Construction Project Cost Valuation in Zhejiang Province promulgated by the provincial people's government was abolished at the same time.