(Guangdong Provincial Department of Transportation issued Guangdong Ji Jiao [20 1 5] No.634 on May 5, and/KLOC-0 will take effect in July.)
Chapter I General Principles
Article 1 In order to standardize the subcontracting activities of highway engineering construction, strengthen the management of highway construction market, and ensure the quality and safety of engineering construction, according to the Highway Law, Contract Law, Bidding Law, Regulations on the Implementation of Bidding Law, Regulations on the Quality Management of Construction Engineering, Regulations on the Safety Production Management of Construction Engineering, Regulations on the Qualification Management of Construction Enterprises, Measures for the Administration of Highway Engineering Subcontracting of the Ministry of Transport and other laws and regulations.
Article 2 These Rules shall apply to the subcontracting activities for the construction of new, rebuilt (expanded) expressway projects within the administrative region of this province. The new construction, reconstruction (expansion) and highway maintenance and major and medium-sized repair projects of secondary and below highways can be implemented with reference.
Article 3 The subcontracting activities of highway engineering construction shall be subject to unified management and graded responsibility.
Article 4 Highway projects are encouraged to carry out specialized construction subcontracting according to law. Contractors are prohibited from subcontracting in the name of labor service cooperation.
Chapter II Management Responsibilities
Fifth provincial transportation departments are responsible for the supervision and management of highway engineering construction subcontracting activities in the province; Responsible for formulating the rules and regulations of highway engineering construction subcontracting management in the province, special types of construction subcontracting and corresponding qualifications, unified subcontracting contract format and labor cooperation contract format. And guide, supervise and inspect the supervision and management of the municipal transportation department on the subcontracting activities of highway engineering construction.
Sixth transportation departments at or above the county level shall be responsible for the supervision and management of highway engineering construction subcontracting activities within their respective administrative areas.
Article 7 The employer shall, in accordance with the provisions of these Detailed Rules and the contract, strengthen the management of construction subcontracting activities, establish and improve the project subcontracting management system, be responsible for the supervision and inspection of subcontracting contract signing and performance, schedule management, quality and safety management, measurement and payment, and establish a ledger to stop the contractor's illegal subcontracting behavior in time.
Article 8 The supervisor shall, in accordance with the provisions of these Detailed Rules and the contract, be responsible for the supervision and management of the construction subcontracting activities of the supervised contract section, stop the illegal subcontracting activities of the contractor in time, and notify the employer.
Article 9 In addition to the project management organization set up by the contractor, the subcontractor shall set up project management organizations respectively to effectively manage the construction activities of subcontracted projects.
The project management organization established by the subcontracting unit shall have technical and economic management personnel suitable for the scale and technical complexity of the subcontracting project, among which the person in charge of the subcontracting project and the main management personnel such as technology, finance, measurement, quality and safety must be the personnel of the unit.
The site laboratory shall be set up by the contractor in this contract section, and carry out the test and inspection independently. The subcontractor will no longer set up temporary laboratory.
Chapter III Subcontracting Conditions
Article 10 A contractor may subcontract special projects suitable for the construction of professional teams to units with corresponding qualifications and similar engineering experience. For key projects and special projects that may not be subcontracted, the Employer shall specify them in the tender documents, and at least one key project shall not be subcontracted in each contract section.
The Subcontractor shall not subcontract the subcontracted works undertaken. The contractor shall not subcontract the special project subject to separate bidding.
Article 11 A subcontractor shall meet the following conditions:
(1) Having the legal person qualification of industrial and commercial registration;
(2) Having the qualification grade, registered capital and safety production license conditions suitable for the subcontracted project;
(3) Having construction achievements, management and technical personnel engaged in similar projects;
(4) Having (owned or leased) the construction equipment required for the subcontracted project;
(5) Having other qualifications (see Annex 1).
Twelfth in order to ensure the quality and safety of the project, standardize the management of subcontracting behavior, legal professional subcontracting is divided into two categories: first-level subcontracting and second-level subcontracting. Classification principles and related requirements are as follows:
(1) First-class subcontracting: For comprehensive and complicated highway construction contract projects, it is a first-class subcontracting that the contractor subcontracts individual sub-projects such as medium bridges, bridges, medium tunnels and long tunnels with high quality and safety risks or high technical requirements, and the total subcontracting cost exceeds 30% of the contractor's construction contract amount. The qualification of subcontractors and the performance of similar projects subcontracted at the first level shall meet the mandatory requirements of the bidding documents of the construction contract for the corresponding professional qualification and professional construction performance of subcontracted professional projects. When the subcontract works involve special projects with special requirements, such as blasting operation, steel structure fabrication and installation, stay cable fabrication and installation, etc., they should also meet the requirements of corresponding qualifications and other regulations. Extra large bridges, extra-long tunnels and extra-large cross-section tunnels shall not be subcontracted.
(II) Secondary Subcontracting: All legal subcontracts except primary subcontracting are secondary subcontracting (see Annex 1 Special Categories of Highway Engineering Construction Subcontracting and Qualification Conditions of Subcontractors).
Article 13 The scope and scale of specialized projects subcontracted by the contractor shall be specified in the tender documents and contracts.
The contractor shall not subcontract special projects not listed in the bidding documents and contracts. However, due to the change of the project, special projects with special technical requirements, special processes or patent protection are added, and bidding is not required according to the regulations; And in the project implementation, the contractor and the employer agreed that special subcontracting should be carried out for specific special projects, which is conducive to the progress, quality and safety management of the project. The contractor should submit a written application to the supervisor, and the subcontracting can only be carried out after being reviewed by the supervisor and approved by the employer in writing.
Chapter IV Subcontracting Management
Article 14 The contractor shall have the right to independently select subcontractors that meet the corresponding conditions according to the contract, and advocate the contractor to select subcontractors openly, fairly and justly through bidding. No unit or individual may designate subcontracting in violation of regulations.
Article 15 The contractor and the subcontractor shall sign the subcontract according to law with reference to the Subcontract for Highway Engineering Construction (Model Text) attached to these Detailed Rules (see Annex 2) and perform the obligations stipulated in the contract. The subcontract shall follow the principles of the contract and meet the technical and economic requirements of quality, safety, progress and environmental protection in the contract.
Article 16 Before signing a subcontract, the contractor shall review the qualifications and performance of the main technical and economic management personnel to be stationed. Subcontractor's. When submitted to the supervisor for review, the subcontractor's business license, organization code certificate, tax registration certificate, bank account opening certificate, qualification certificate, safety production license, ID card, qualification certificate, labor contract and social insurance relationship certificate shall be provided to the supervisor for review.
Article 17 The contractor shall, before the subcontracting project is implemented, report the subcontracting contract approved by the supervisor to the employer for the record, and the subcontracting contract without the record approval shall not be implemented. Review and filing shall be conducted in accordance with the following procedures and requirements:
(a) the contractor put forward the subcontract filing application. The contractor will subcontract the contents and scope of special projects, the qualifications, registered capital, management and technical personnel and construction equipment of the subcontractors to be selected, and the subcontracts to be signed, fill in the Record Form of Highway Engineering Construction Subcontracts (see Annex 3) and submit it to the supervisor for review.
(2) Supervisor review. The supervisor shall, according to the corresponding requirements, review the contents and scope of the special project to be subcontracted, the qualifications of subcontractors, registered capital, management and technical personnel and construction equipment, and the subcontract to be signed.
(3) the employer for the record. The employer will review and record the subcontracts that meet the requirements and are approved by the supervisor.
(four) the establishment of subcontracting management ledger. The Employer shall set up a subcontracting management working group or define the management department, establish the management account of highway engineering subcontractors (see Annex 4), designate the specific person in charge and contact person, grasp the performance of subcontractors, and report to the superior management unit every quarter.
Article 18 The contractor shall establish and improve the relevant subcontracting management system and ledger, manage the quality, safety, progress and subcontractor's behavior of the subcontracted project in the whole process, and be responsible to the employer for the implementation of the subcontracted project in accordance with the provisions of these Detailed Rules and the contract. Subcontracting does not exempt the contractor from the responsibilities or obligations stipulated in the contract.
Article 19 A subcontractor shall organize the construction of the subcontracted project in accordance with the stipulations of the subcontract, and effectively control the quality, safety and progress of the subcontracted project. The subcontractor is responsible to the contractor for the subcontracted project, and is jointly and severally liable to the employer for the subcontracted project.
Subcontractors should obey the general contractor's management of quality, production safety, construction period and progress. If the subcontractors do not obey the management of the contractors, resulting in quality and production safety accidents, the subcontractors shall bear the main responsibility.
Twentieth highway engineering subcontracting projects should be confirmed by contract review, so as to determine the conformity between the professional construction subcontracting team entering the site and the main body signing the contract, and accordingly allocate the advance payment for entering the site. At the initial stage of mobilization, the contractor's project department shall submit the Highway Engineering Construction Contract Review Confirmation Form (see Annex 5) in time as required, and submit it to the Employer for confirmation after being reviewed by the supervisor.
Chapter V Labor Service Cooperation Management
Article 21 Contractors and subcontractors may independently select labor partners to complete the labor operation tasks of contracted projects according to law, sign labor cooperation contracts with labor partners with reference to the Highway Engineering Construction Labor Cooperation Contract (Model Text) (see Annex 6), and establish a labor cooperation contract ledger, and the supervisor and the employer have the right to conduct supervision and inspection. The business license, qualification certificate, safety production license, organization code certificate, tax registration certificate, bank account opening certificate and other related materials of the labor cooperation unit shall be attached to the contract.
Twenty-second contractors and subcontractors shall, in accordance with the contract, manage the labor service operators of the labor service partners:
(a) the contractor should strengthen the management of labor cooperation units, the preparation of ledger. Supervisors and employers shall inspect the labor service cooperation once every quarter.
(2) The Contractor and Subcontractor shall take full responsibility to the Employer for the behaviors of the labor operators they manage. Do a good job in the pre-job training and education of laborers, and insist on taking up their posts after training; Special type of work personnel should have corresponding qualifications and hold relevant certificates.
(3) Where a contractor or subcontractor directly recruits laborers, it shall sign labor contracts according to law to standardize the management of laborers.
(4) The contractor, subcontractor and labor service partner shall pay the wages of labor service workers in accordance with the contract, and implement various labor protection measures to ensure the construction and production safety of labor service workers.
Chapter VI Behavior Management
Article 23 It is forbidden to subcontract contracted highway projects.
The contractor fails to set up a project management organization at the construction site and send corresponding personnel (key management personnel such as project director, technical director, quality management director and safety management director) to effectively manage the construction activities of subcontracted projects. In any of the following circumstances, it belongs to subcontracting:
(1) The contractor contracts out all the projects to others;
(2) The contractor dismembers all the contracted projects and subcontracts them to others in the name of subcontracting;
(3) Other subcontracting acts as stipulated by laws and regulations.
Article 24 Illegal subcontracting of highway projects is prohibited.
In any of the following circumstances, it is illegal subcontracting:
(a) The contractor has not set up a project management organization at the construction site and sent corresponding personnel to effectively manage the construction activities of the subcontracted project;
(two) the contractor subcontracts the project to a unit that does not have the corresponding qualification or safety production license;
(three) the contractor subcontracts the project to individuals;
(4) Subcontractors undertake subcontracted projects in the name of others;
(five) the contractor subcontracts the special projects that are clearly not allowed to be subcontracted in the contract documents;
(six) the contractor fails to sign a subcontract with the subcontractor according to law or the subcontract does not follow the contracting principle and does not meet the corresponding requirements in the contract;
(seven) the subcontract without supervision review or report to the employer for the record;
(8) The Subcontractor subcontracts the subcontracted project again;
(nine) other illegal subcontracting acts stipulated by laws and regulations.
Twenty-fifth any of the following acts is illegal labor cooperation:
(1) The contractor failed to provide technical, quality and safety guidance and effective management for the labor service operation of the labor service partner, and allowed the labor service partner to operate illegally;
(two) the labor service partners bring their own construction machinery and equipment (referring to the machinery and equipment promised by the contractor in the contract) to independently complete the sub-item and sub-item projects;
(3) In addition to the labor operation expenses, the labor partner also includes the expenses of major building materials, turnover materials and large and medium-sized construction machinery and equipment;
(4) The labor service partner subcontracts the contracted labor service;
(five) other illegal labor cooperation acts as stipulated by laws and regulations.
Twenty-sixth the employer shall specify the main materials, components and other procurement subjects and methods in the tender documents. When the contractor authorizes the subcontractor to carry out relevant procurement, it must be submitted to the supervisor for review and approved by the employer in writing.
Article 27 In order to ensure the performance of the subcontract, the contractor may require the subcontractor to provide performance guarantee. After the subcontractor provides the guarantee, if the contractor is required to provide the payment guarantee for the subcontracted project at the same time, the contractor shall also provide it.
Twenty-eighth contractors and subcontractors shall pay taxes according to law. If the contractor or subcontractor applies to the employer or contractor for handling the relevant tax deduction procedures, the employer or contractor shall handle it.
Article 29 A subcontractor has the right to share the performance of the subcontracted project with the contractor.
Where a subcontractor undertakes a project with a subcontract performance certificate, the employer shall recognize it. Subcontractors who declare their qualifications with subcontracting performance certificates shall be recognized by the relevant transportation authorities.
The employer and the contractor shall specify the subcontractor and the content, quantity, quality and safety of the project. Commitment in the completion acceptance certificate. When a subcontractor filed by the employer applies to the contractor and the employer for a performance certificate, the contractor and the employer shall jointly issue it according to the facts of the subcontract.
Labor service cooperation does not belong to construction subcontracting. Where a labor service cooperative enterprise applies for a performance certificate in the name of a subcontractor, the contractor and the employer shall not issue it.
Thirtieth contractors and subcontractors shall strictly abide by the financial management system of capital construction and strengthen the accounting of contracted projects and subcontracted special projects. The settlement and payment of subcontracted projects shall meet the following requirements:
(a) the contractor and the subcontractor shall, in accordance with the provisions of the financial management of capital construction, establish accounts for the contracted and subcontracted projects respectively, and conduct accounting according to the provisions;
(two) the contents of the subcontract settlement payment should be consistent with the contents of the subcontract, the payee should be consistent with the name of the subcontractor, and the bill of receipt (payment) must be legal and effective;
(three) the subcontract works shall be settled on schedule according to the actual project measurement progress, and shall not be evaded in the name of prepaid project funds or loans; The subcontract works shall be paid by transfer through the bank account opened by the contractor, and cash payment shall not be withdrawn.
(4) The contractor shall strengthen the supervision of the subcontractor's capital account and sign a supervision agreement on the capital account.
(5) The employing unit shall establish a wage guarantee system for migrant workers, supervise and inspect the direct payment of subcontracting project funds and wage payment, establish a management ledger for dynamic employment and wage payment for migrant workers, and report it to the employing unit for the record at the end of each quarter to ensure the timely and full payment of wages. The contractor and subcontractor shall establish a real-name registration system attendance system for employment and personnel entering and leaving the site, and implement bank card direct payment of wages. When the subcontractor's internal employees complain, gather people to ask for wages and other problems involving the use of funds, the contractor will deduct part of the money to pay the relevant funds when paying the project money. If the situation is serious and refuses to cooperate with the contractor, the credit rating will be directly reduced by one level.
Thirty-first transportation departments at all levels should include subcontracting management in the scope of supervision and management of highway construction market, perform supervision and inspection according to their duties, and have the right to exercise the following functions and powers according to law:
(1) Require the inspected unit to provide qualification certificate, organization code certificate, safety license, tax registration certificate, bank account opening certificate, business license, identification certificate of key personnel, labor contract and professional qualification certificate, quality and safety management and subcontracting management system, management ledger documents, etc. Relevant contractors, subcontractors or labor partners;
(two) to enter the construction site and the places related to the project construction for inspection;
(three) to inquire about the situation of the inspected units and relevant personnel, and make an explanation;
(four) access to engineering files, contracts, invoices, account books and other relevant materials;
(five) ordered the inspected unit to immediately stop and correct the violation of the provisions of the construction subcontract;
(6) Due to management confusion and unclear financial accounts, if it is found that there are major quality and safety hazards in the subcontracted project, and the rectification cannot be put in place, the employer shall order the contractor to repel the subcontractor and record its business behavior in the credit record;
(seven) other measures stipulated by laws, regulations and rules.
Enterprises engaged in traffic construction projects and their relevant personnel shall cooperate with the supervision and inspection carried out by relevant administrative departments and supervision institutions according to law, and shall not refuse, obstruct, conceal or lie about relevant information and materials.
Article 32 The real-name reporting system shall be implemented in highway engineering construction, and any unit or individual shall have the right to report subcontracting and illegal subcontracting in highway engineering construction to the competent department of transportation. The competent department of transportation shall promptly accept and investigate, and inform the informants of the investigation results in an appropriate way.
Chapter VII Credit Management
Article 33 The contractor shall evaluate the subcontractor's credit and submit the credit evaluation results to the employer. The subcontractor has the obligation to report the contractor's serious dishonesty to the employer and the supervisor.
The contractor shall evaluate the subcontractor's credit once a year, and the contractor shall evaluate the subcontractor's credit behavior in the previous year (from 65438+ 10/to 65438+February 3 1). For specific evaluation methods and standards, see Contents and Standards of Credit Evaluation of Subcontractors (Annex 7).
Subcontractors can directly report the contractor's serious dishonesty to the employer, and the employer should verify it and take it as an important reference for the employer to evaluate the contractor's credit.
Article 34 The credit rating of subcontractors and corresponding scores shall be classified according to the Provisions on Credit Rating of Highway Construction Subcontractors in Guangdong Province.
The employer shall verify the credit evaluation results submitted by the contractor, and submit them to the competent department of transportation according to the hierarchical management authority before the end of March, and incorporate them into the credit evaluation system for credit management. For the format of evaluation results submitted by the Employer, please refer to the subcontractor credit evaluation summary table (Annex 8).
Thirty-fifth transportation departments at all levels in a timely manner in the credit management platform to the public in highway engineering construction subcontracting, illegal subcontracting and illegal labor cooperation information, accept social supervision. The illegal records of contractors and subcontractors shall be included in the credit evaluation system. The competent department of transportation shall summarize the credit evaluation results of subcontractors reported by the employer and publish them on the credit management platform.
Chapter VIII Supplementary Provisions
Article 36 If the Employer, Supervisor, Contractor and Subcontractor violate the relevant provisions of these Detailed Rules, and laws and regulations such as Highway Law, Construction Law and Construction Project Quality Management Regulations have relevant provisions on the punishment organ and punishment method, they shall be implemented in accordance with the provisions of laws and regulations; If there are no provisions in laws and regulations, the competent department of transportation shall give it to informed criticism and order it to make corrections.
Article 37 The term "construction subcontracting" as mentioned in these Detailed Rules refers to the activities that the contractor subcontracts special projects in the contracted projects to other professional construction enterprises with corresponding qualifications.
Article 38 The term "labor cooperation" as mentioned in these Detailed Rules refers to the construction activities completed by contractors and professional subcontractors in cooperation with other labor subcontracting enterprises in the course of project construction.
Article 39 The terms "employer, supervisor, contractor, subcontractor, labor partner, personnel of the unit and special project" mentioned in these Detailed Rules have the following meanings: the employer refers to the project legal person of highway engineering construction or the construction management unit entrusted by it.
Supervisor refers to the legal person or other organization entrusted by the employer to supervise the contracted project.
The contractor refers to the construction enterprise that is contracted by the employer and signed a formal contract with the employer.
Subcontractor refers to a professional construction enterprise that subcontracts special projects to contractors.
Labor service partners refer to labor service construction enterprises with labor service operation qualifications.
The staff of this unit refers to those who have signed a legal labor contract with this unit and gone through personnel, wages, social insurance and other related procedures.
Special projects refer to the corresponding project contents specified in Appendix 1 Special Category of Highway Engineering Construction Subcontracting and Qualification Table of Subcontractors.
Subcontracting refers to the behavior that the contractor fails to perform the responsibilities and obligations stipulated in the contract after contracting the project, and then dismembers all the contracted projects or transfers them to other units or individuals in the name of subcontracting.
Illegal subcontracting refers to the contractor's behavior of subcontracting a unit project or a sub-project to other units or individuals in violation of laws, regulations, rules or the subcontracting agreement in the construction contract after contracting the project.
Fortieth the detailed rules for the implementation shall be interpreted by the Guangdong Provincial Communications Department.
Article 41 These Rules shall be implemented as of July 1 year 1 day. The probation period is 3 years.