【 Weak current College 】 construction contract and contract pricing management approach

People's Republic of China Construction Ministry order No. 107

The architectural engineering construction contract and contract pricing management approach "has been on 25 October 2001, the standing of the 49th session of the Committee, is published, since 1 December 2001.

Zhengsheng 2001 November 5

In order to standardize the architectural engineering construction contract and contract pricing, maintenance construction projects and the legitimate interests of the Contracting Parties to promote the healthy development of the construction market, in accordance with the relevant laws and regulations.

The second Republic in People's Republic of China architectural engineering construction contract and contract pricing (hereinafter referred to as works made contract pricing) management, application of this approach.

This means that construction work is building and municipal infrastructure projects.

This means that the housing construction, refers to various types of housing construction and its subsidiary facilities and its supporting circuitry, pipelines, equipment installation engineering and the indoor and outdoor decoration.

This means that municipal infrastructure projects, the city roads, public transport, water supply, drainage, gas, heating, Garden, sanitation and sewage treatment, waste disposal, flood control, underground public facilities and ancillary facilities construction, pipe, equipment installation engineering.

Engineering a contract price including the preparation of construction budget, tender bidding, bid, project settlement and sign the contract price.

The third construction projects construction contract and contract price in government regulation, the formation of market competition.

Engineering and UNIDO contract pricing should be guided by fair, lawful and the principle of good faith.

Under the State Council shall be responsible for the construction of the administrative departments of the national project of the management of the contract price.

The local people's Governments at or above the county level construction administration departments in charge of the administrative region works with the management of the contract price. Their specific work can delegate the management body is responsible for the project cost.

5 construction budget, tender bidding and tender offer by cost (direct and indirect costs), profits and taxes. Its preparation can take the following valuation methods:

(A) quantity unit price method. Sub-project of the price per unit of quantity for direct costs. Direct costs for labor, materials, machinery of consumption and its corresponding price. Indirect costs, profits, tax is calculated separately in accordance with the relevant provisions.

(Ii) comprehensive price method. Sub-project of the quantity unit price for all cost price. Full cost price calculation completed part of the integrated project of direct costs, indirect costs, profits and taxes.

Article 6 of the tender bidding: pursuant to

(A) the State and the provinces, autonomous regions and municipalities directly under the central building administration departments to develop ways of project cost, as well as other relevant provisions;

(Ii) market price information.

Article 7, the tender offer would meet the requirements of the tender documents.

The tender offer shall be fixed according to the enterprise and the market price information, and in accordance with the State and the provinces, autonomous regions and municipalities directly under the central building administration departments to publish project cost approach for compiling.

Article 8 can be bidding works quantities method to prepare the tender bidding and tender offer.

Quantities should be based on the tender documents, construction drawings, construction site conditions and States develop unified engineering calculation rules, sub-project projects Division, measurement units, etc.

9 tender base price and the quantities by a compilation of tender documents ability of the tenderer or his delegate with the appropriate qualification of construction cost consulting agencies, tendering agency establishment.

The tender offer by bidder or its delegate with the appropriate qualification of construction cost consulting agencies.

Article 10 as to whether the objection below cost price, bid evaluation committee can reference construction administration departments publish pricing approaches and the requirements for accreditation.

11 the tenderer and the bidder shall, in accordance with the contract price.

Not implementing bidding contractor of works produced by the construction plans on the basis of the budget, by the contracting parties negotiate a contract.

Article 12 of the contract price can be in the following way:

(A) a fixed price. The contract price or the price in the contract is not within the scope of the risk.

(Ii) price adjustment. The contract price or the price in the contract period, under contract to adjust.

(3) cost plus gratuity.

Article 13 from contracting parties to determine the contract price, you should consider the market environment and factor price changes on the contract price.

Article 14 of the Contracting Parties shall, in accordance with the Administrative Department in charge of construction, engineering, construction and contractor Pack material circumstances in contract prepaid specific project fund.

Article 15 Contracting Parties building engineering issued shall, in accordance with the contract in accordance with the project progress on a regular basis or fragmented construction money settlement.

Article 16, the acceptance of completed projects should observe the following requirements for completion of the settlement:

(A) the contractor shall be completed after the acceptance of the agreed period to submit final accounting file.

(2) Contracting Parties shall receive a settlement after the file is to be within the period of the contract. Overdue response, final settlement documents considered to have been approved.

(3) the Contracting Parties to the dispute settlement file should be in the reply period were to be made and the date on which the period of the contract and the contractor.

(4) the Contracting Parties in the consultation period and were to be negotiated or following consultations failed to reach agreement with the contractor shall delegateEngineering cost consulting units carry out final settlement audit.

(5) the Contracting Parties should negotiate an agreement after the expiration of the period were to propose engineering cost consulting units issued final accounting audit opinion.

The Contracting Parties in the contract for the duration of the above matters not expressly agreed upon, you can view their contract period is 28 days.

The Contracting Parties on engineering cost consulting units issued final accounting audit opinion there are objections, the audit observations received within one month to local people's Governments at or above the county level construction administration departments apply for mediation, conciliation, arbitration or to the law apply to the Court.

Project completion by the contract parties settlement file and the contractor to confirm that should serve as a basis for project accounts.

17 tender bidding, bid, project settlement audit and project cost identification document should be signed by the engineer, and the Special seal cost engineer.

Article 18, the local people's Governments at or above the county level construction administration departments should strengthen the construction works issued contract pricing activities of the supervision and inspection.

Article 19 cost engineer in tender bidding, or tender preparation, project settlement audit and project cost identification, intends to raise the price down, in serious cases, by cost engineer to remove his certified management bodies.

Article 20 engineering cost Consulting unit in architectural engineering valuation activities intended to raise, lower the price or offer false report of, the local people's Governments at or above the county level construction administration departments ordered corrective action and to $ 10 000 fine of more than $; serious cases, by the issuing authority cancelled construction cost Consulting unit qualification certificates.

Article 21 the functionaries in architectural engineering valuation administration, neglect of duty, to commit fraud, abuse of powers by the competent authority imposes the administrative sanction; the Constitution crime, legally investigates the legal responsibility.

22 building works other than construction contract and contract pricing management refer to this approach.

Article 23 of this approach by the State administrative departments in charge of the construction.

Article 24: these measures as from 1 December 2001.