Brief introduction to the Management Measures for Construction Contracts and Contract Valuation;
The Measures for the Administration of Construction Contracts and Contract Valuation of Construction Projects have been deliberated and adopted at the 9th ministerial meeting of the Ministry of Housing and Urban-Rural Development, and promulgated by Order No.2004 of 2004 1 month/day. Ministry of Housing and Urban-Rural Development of the People's Republic of China 16 2065 438+03+ 16 February 0. Article 27 of the Measures for the Administration of Construction Contracts and Contract Valuation shall come into force on February 20 14 1 day. The Measures for the Administration of Construction Contracts and Contract Valuation (Order of the Ministry of Construction 107 issued by the former Ministry of Construction on October 5, 2006) shall be abolished at the same time.
Basic information of Management Measures for Construction Contracts and Contract Valuation:
Measures for the administration of contract awarding and contract valuation of construction projects
The index number is 000013338/2013-00789.
Subject information construction market
Issued by the Ministry of Housing and Urban-Rural Development of the People's Republic of China
Generation date: 20131211.
Validity: 20 14 February 0 1.
Document number, decree number. Ministry of Housing and Urban-Rural Development 16
Basic contents of Management Measures for Construction Contracts and Contract Valuation:
Article 1 These Measures are formulated in accordance with relevant laws and regulations in order to standardize the price behavior of contracting out and contracting out construction projects, safeguard the legitimate rights and interests of both contracting out and contracting out construction projects, and promote the healthy development of the construction market.
Article 2 These Measures shall apply to the management of project contracting and contract pricing in People's Republic of China (PRC) (hereinafter referred to as project contracting pricing).
The term "construction projects" as mentioned in these Measures refers to housing construction and municipal infrastructure projects.
The term "project contracting valuation" as mentioned in these Measures includes the compilation of bill of quantities, the highest bid price limit, pre-tender estimate, bid quotation, project settlement, signing and adjustment of contract price.
Article 3 Under the macro-control of the government, construction contracts and contract prices of construction projects are formed by market competition.
The valuation of project contracting should follow the principles of fairness, legality and good faith.
Article 4 The competent department of housing and urban and rural construction in the State Council shall be responsible for the management of project contracting and pricing throughout the country.
The competent department of housing and urban construction of the local people's governments at or above the county level shall be responsible for the management of project contracting and pricing within their respective administrative areas. Its specific work can be entrusted to the project cost management organization.
Article 5 The State promotes the project cost consultation system and implements the whole process cost management for construction projects.
Article 6 Construction projects invested entirely or mainly with state-owned funds (hereinafter referred to as construction projects invested by state-owned funds) shall be priced by bill of quantities; Construction projects with non-state-owned capital investment are encouraged to be priced by bill of quantities.
When inviting bids for construction projects invested by state-owned funds, the highest bid price limit shall be set; When inviting bids for construction projects invested by non-state-owned funds, a maximum bid price limit or pre-tender price may be set.
The highest bid price limit and its achievement documents shall be submitted by the tenderer to the competent department of housing and urban construction of the local people's government at or above the county level where the project is located for the record.
Article 7 The bill of quantities shall be compiled in accordance with the valuation norms and calculation norms of the bill of quantities formulated by the state. The bill of quantities is an inseparable part of the tender documents.
Article 8 The maximum bid price limit shall be compiled according to the bill of quantities, relevant provisions of project valuation and market price information. If the tenderer has the highest bid price limit, it shall announce the total price of the highest bid price limit, as well as the partial project cost, measure project cost, other project cost, unit project cost and tax at the time of bidding.
Article 9 The pre-tender estimate shall be prepared in accordance with the relevant provisions of project valuation and market price information.
Tenth tender offer shall not be lower than the project cost, nor shall it be higher than the highest bid price limit.
The tender offer shall be compiled according to the bill of quantities, relevant provisions of project valuation, enterprise quota and market price information.
Article 11 If the bid price is lower than the project cost or higher than the maximum bid price limit, the bid evaluation committee shall reject the bidder's bid.
The bid evaluation committee's objection to whether the quotation is lower than the project cost can be reviewed with reference to the relevant regulations issued by the competent department of housing and urban-rural construction of the State Council and the competent department of housing and urban-rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 12 A tenderer and a winning bidder shall sign a contract according to the bid price. For projects that are not subject to tender, the employer shall sign a contract through consultation.
Matters related to the contract price shall be agreed by both parties to the contract, generally including the agreed way of the contract price, the payment and settlement way of the advance project payment, the project progress payment and the project completion price, and the adjustment of the contract price.
Article 13 When determining the contract price, both parties to the contract shall consider the influence of market environment and price changes of production factors on the contract price.
For construction projects priced by bill of quantities, both parties to the contract are encouraged to determine the contract price at the unit price.
For construction projects with small construction scale, low technical difficulty and short construction period, both parties to the contract can determine the contract price in the form of total price.
For emergency rescue and disaster relief and construction projects with particularly complicated construction techniques, both parties to the contract may determine the contract price by means of cost plus remuneration.
Article 14 Both parties to the contract shall stipulate in the contract the adjustment method of the contract price under the following circumstances:
(1) Changes in laws, regulations, rules or relevant state policies affect the contract price;
(two) the price adjustment information released by the project cost management institution;
(three) approved to change the design;
(four) the employer changes the approved construction organization design, resulting in increased costs;
(5) Other factors agreed by both parties.
Article 15 Both parties to the contract shall, in accordance with the provisions of the competent department of housing and urban-rural construction in the State Council and the competent department of housing and urban-rural construction in the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and in combination with the project cost and construction period, agree on the specific matters of prepaying the project cost in the contract.
The advance payment is determined and paid according to a certain proportion of the contract price or the annual project plan amount, and deducted from the project progress payment.
Article 16 The contractor shall submit the completed engineering quantity report to the employer in accordance with the contract. After receiving the report of quantities, the Employer shall check and confirm it in time as agreed in the contract.
Seventeenth the employer shall, in accordance with the contract, pay the project funds on a regular basis or in accordance with the progress of the project.
Eighteenth after the completion of the project, the completion settlement shall be carried out in accordance with the following provisions:
(a) the contractor shall submit the completion settlement documents within the agreed time limit after the completion of the project.
(2) The employer who uses state-owned funds to invest in construction projects shall entrust a project cost consulting enterprise with corresponding qualifications to review the completion settlement documents, and put forward the audit opinions on the completion settlement documents issued by the project cost consulting enterprise to the contractor within the agreed time limit after receiving the completion settlement documents; If no reply is made within the time limit, it shall be handled according to the contract. If there is no agreement in the contract, the completion settlement document shall be deemed to have been approved.
The employer of a construction project invested by non-state-owned funds shall give a reply within the agreed time limit after receiving the completion settlement documents. If no reply is made within the time limit, it shall be handled according to the contract. If there is no agreement in the contract, the completion settlement document shall be deemed to have been approved; If the Employer has any objection to the completion settlement document, it shall raise it with the Contractor within the reply period, and can negotiate with the Contractor for settlement within the agreed time limit from the date of raising the objection; If the employer fails to reach an agreement with the contractor during the negotiation or fails to reach an agreement with the contractor through negotiation, it shall entrust the project cost consulting enterprise to conduct the completion settlement audit, and put forward the audit opinions of the completion settlement documents issued by the project cost consulting enterprise to the contractor within the agreed time limit after the negotiation expires.
(3) If the contractor has any objection to the audit opinion of the completion settlement of the engineering cost consulting enterprise put forward by the employer, he may apply for mediation to the relevant engineering cost management institution or relevant industry organization within one month after receiving the audit opinion. If mediation fails, it may apply for arbitration or bring a lawsuit to the people's court according to law.
If the time limit in Item (1) and Item (2) of this article is not clearly agreed by both parties in the contract, it shall be implemented in accordance with the relevant provisions of the state; If the state does not stipulate, it can be considered that the agreed period is 28 days. Nineteenth the project completion settlement documents signed by the employer shall be used as the basis for the final accounts of the project. Without the consent of the other party, the other party may not entrust the engineering cost consulting enterprise to conduct repeated audit on the effective completion settlement documents. The Employer shall pay the completion settlement in time according to the completion settlement documents.
The completion settlement documents shall be submitted by the employer to the competent department of housing and urban construction of the local people's government at or above the county level where the project is located for the record.
Article 20 When preparing the bill of quantities, the maximum bid price limit, the pre-tender estimate, the bid quotation, the project settlement audit and the project cost review document, the cost engineer shall sign and affix the special seal for the practice of the cost engineer.
Article 21 The competent department of housing and urban construction of the local people's government at or above the county level shall, in accordance with the relevant laws, regulations and these Measures, strengthen the supervision and inspection of the pricing activities of construction projects and the verification of complaints and reports, and have the right to take the following measures:
(1) Requiring the inspected entity to provide relevant documents and materials;
(2) Asking the personnel who signed the documents about relevant issues;
(three) to correct violations of relevant laws, regulations, these measures or mandatory standards for engineering construction.
The competent department of housing and urban construction of the local people's government at or above the county level shall make the results of supervision and inspection public.
Article 22 If a cost engineer signs a project cost achievement document with false records or misleading statements in the highest bid price limit, pre-tender estimate or tender quotation preparation, project settlement audit and project cost review, it shall be recorded in the credit file of the cost engineer and investigated in accordance with the Administrative Measures for Registered Cost Engineers; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 23 If a project cost consulting enterprise issues a project cost achievement document with false records or misleading statements in the construction project valuation activities, it shall be recorded in the credit file of the project cost consulting enterprise, and the competent department of housing and urban construction of the local people's government at or above the county level shall order it to make corrections, impose a fine of more than 30,000 yuan and less than 6,543.8+0,000 yuan, and notify it.
Twenty-fourth staff of state organs in the supervision and management of construction project valuation dereliction of duty, abuse of power, by the relevant authorities to give administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-fifth construction contracts and contract valuation management outside the construction project can be implemented with reference to these measures.
Twenty-sixth provinces, autonomous regions and municipalities directly under the central government, the competent departments of housing and urban construction may formulate detailed rules for implementation according to these measures.
Article 27 These Measures shall come into force on February 1 day, 2065. Measures for the Administration of Construction Contracts and Contract Valuation (OrderNo.1+015 issued by the former Ministry of Construction) shall be abolished at the same time.
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