434.Administrative Rules of Shenzhen Municipality on Construction Project Cost 深圳市建设工程造价管理规定

发布时间:2016-09-14来源:市法制办字体:【 【内容纠错】

Administrative Rules of Shenzhen Municipality on Construction Project Cost

Order of the People's Government of Shenzhen City No.240

May 28, 2012


Chapter I General Provisions

Article 1 In order to regulate the construction project cost activities, reasonably determine and effectively control the project cost, improve investment efficiency, and safeguard the legitimate rights and interests of all parties involved in the project, the Administrative Rules of Shenzhen Municipality on Construction Project Cost (hereinafter referred to as these  “Rules”) are formulated in accordance with relevant laws and regulations, and in light of the actual conditions of Shenzhen.

Article 2 These Rules are applicable to the supervision and administration of the project cost within administrative regions of Shenzhen.

For the purpose of these Rules, the construction project cost activities include the activities of the determination and control of construction project cost, and the associated contract management, management of construction duration, cost consultation and other related activities.

Article 3 These Rules shall be applied to the determination and control of the cost of a construction project invested in with state-owned funds and collective funds, the Rules shall apply, and may be referred to the determination and control of the cost of a construction project invested in with other funds.

For the purpose of these Rules, projects invested in with state-owned funds refer to the fixed asset investment and construction projects which is invested in with budget funds of the municipality level, other financial funds, as well as funds raised from public resource financing (hereinafter referred to as the projects invested by the government), and the investment and construction projects in which State-owned enterprise invests with self-raised funds or where State-owned enterprise has a holding or dominant position (hereinafter referred to as the projects invested in with non-financial state-owned funds ).

Article 4 The municipal administrative department of construction shall be in charge of the supervision and administration of construction project cost-related activities of Shenzhen. The municipal administrative organizations of construction project cost (hereinafter referred to as the municipal cost administration organizations) under the municipal administrative department of construction shall specifically implement the supervision over the construction project cost-related activities.

The administrative department of construction under the district governments (including administrative organizations of the new districts) and the cost administration organizations thereunder (hereinafter referred to as the cost administration organizations of districts) shall supervise and administrate the construction project cost-related activities according to the administrative authority of project provided by the municipal government.

The departments of development and reform, finance, transportation, water affairs, auditing, supervision, etc. shall administrate and supervise the construction project cost-related activities according to the division of the responsibilities and duties.

Article 5 Where the parties concerned or other interested parties think that the construction project cost-related activities violate these Rules, they are entitled to complain to the administrative departments of construction or the cost administration organizations.

The administrative departments of construction and the cost administration organizations shall deal with the complaints in a timely manner in accordance with the relevant regulations.

Chapter II Valuation Standards and Price Information

Article 6 The municipal administrative department of construction shall in the principles of advanced technology, being cost-effective, reasonable, safe and applicable, and energy conservation and environment protection, compile and promulgate the valuation standards by the means of investigation and statistics, and analysis and measurement, etc. , and adjust and supplement the valuation standards according to the state provisions, technological development of construction and market changes.

The project construction enterprises are encouraged to compile enterprise quotas, for which the municipal administrative department of construction shall provide technological support.

Article 7 The valuation standards for construction project mainly include:

(1) Valuation rules, including rules for compiling estimates, budget estimates, budget, settlement, and final settlement;

(2) Valuation specification for the bill of quantities and other professional and supplementary specifications;

(3) Consumption quotas;

(4) Construction duration quota; and

(5) Cost index.

Article 8 All participants in the construction project cost-related activities shall take valuation standards as the basis for reasonable determination and effective control of construction project cost.

Article 9 The municipal administrative department of construction shall establish database of valuation standards and establish related specifications for data exchange.

Software of construction project cost and bid evaluation developed by software development enterprises shall comply with the specifications on data exchange of the database of valuation standards.

Article 10 The municipal administrative department of construction shall timely and accurately publish the following price information by using the specific monthly periodicals and the public website of the department:

(1) Price information of labor, material, machinery one-shift;

(2) Price index;

(3) Average deducted rate of bidding price compared with controlled bidding price in bidding project; and

(4) Comprehensive unit price of the project with typical bill of quantities.

For main building materials the prices of which fluctuate frequently, the municipal administrative department of construction shall publish the price information every half month or once a week pursuant to market conditions.

Article 11 The price information is the basis to compile documents on cost results and determine controlled bidding price, and is the reference for the difference adjustment of labor and material prices.

For materials and equipment of which the price information is not included and which is not subject to open tendering, the prices shall be determined through open, transparent and fully competitive price enquiry; specific measures shall be otherwise formulated by the administrative department of construction.

Article 12 The municipal administrative department of construction may collect the data of construction consumption, documents on cost results, market transaction price and other economic information of project technology, according to the need of compiling valuation standards and publishing price information, and related units shall cooperate with it. The municipal administrative department of construction shall keep secrets of units and individuals which provide data.

Chapter III Determination and Control of Construction Project Cost

Article 13 Determination and control of the construction project cost shall be subjected to the following principles:

(1) The principle of estimation controlling budget, and completion settlement;

(2) The principle of cost control during the whole process of decision-making, design and construction; and

(3) The principle of optimal cost in the whole life-cycle of decision-making, design, construction, use, maintenance, removal, etc.

Article 14 Construction units shall be responsible for cost determination and control in the whole process of the construction projects.

Designing, supervising, cost consulting and other units shall be responsible for practice responsibilities for the entrusted cost determination and control work.

Article 15 Construction units are encouraged to entrust the same cost consulting unit to provide cost consulting service for the whole process.

No documents on cost results may be submitted to other parties before they are signed by the persons compiling, reviewing and approving such documents and are stamped with the special practice seals for registered cost engineer of the persons compiling and reviewing such documents, and the official seals of the units for which they work.

Article 16 When documents on cost results are compiled, the following provisions shall be followed:

(1) Investment estimation: shall be compiled according to the construction scale, the construction standards, the construction duration, the valuation standards, the price information, etc.;

(2) Design estimation: shall be compiled according to the preliminary design documents, the investment estimations, the valuation standards, the price information, etc.;

(3) Construction drawing budget: shall be compiled according to the documents on construction drawing design, the design estimation, the construction site conditions, the construction technology, the valuation standards, the price information, etc.;

(4) Bill of quantity: shall be compiled according to the documents on construction drawing design, the bidding documents, the valuation standards, etc.;

(5) Controlled price of bidding: shall be compiled according to the construction drawing budget or the design estimation, the bidding documents, the planned construction duration, the actual situation of the project, the valuation standards, the price information, etc.;

(6) Tender offer: shall be compiled according to the requirements of the bidding documents and the bill of quantity provided by the bidder, in combination with the conditions of the construction site and the operation and management level of the enterprise, etc.;

(7) Price for the project change: shall be compiled according to the project change orders, the design changes and the determination method, procedures and time limit for price for change as agreed in the contract; and

(8) Final settlement: shall be compiled according to the construction contracts, the design documents, the information for project change, the claim reports, etc.

The compilation of documents on cost results shall not violate the mandatory standards for construction project cost.

Article 17 Construction units shall specially control the construction project cost on the stage of design to avoid design waste.

Design units shall make economic analysis at the respective stages of the construction design, and on the condition that the need of function is met, fully consider energy conservation and emission reduction, and eco-environmental protection, operation and maintenance costs after the project is put into use, and use methods such as quota design, value project to compare and select designs, so as to achieve the optimal cost in the project's whole life-cycle.

Article 18 Organizations reviewing construction drawing designs shall review whether the construction drawing design reaches the quota design index and the index of energy conservation and emission reduction, and whether the construction drawing budget exceeds the design estimation.

Article 19 When the bill of quantity is adopted for bidding, the bill of quantity shall be regarded as a component of the bidding document, and the tenderee shall be responsible for the accuracy and completeness of the bill of quantity.

Article 20 Construction units shall determine reasonable construction durations according to the construction duration quota, and in combination with actual situation of the projects. Where it is really necessary to shorten the construction duration, a full demonstration shall be made and related measures shall be taken to guarantee the quality and safety of the project.

The municipal administrative department of construction shall establish administrative measures for the duration of construction projects.

Article 21 During the course of the fulfillment of a contract, where the market prices of labor and main materials for the project increase or decrease by over 5%, both the contract-issuing party and the contractor party shall adjust the contract price according to the principle of reasonable sharing of risks. Where there is any other agreement in the contract, such agreement shall prevail.

Article 22 The proposal for maintenance and remove of buildings shall be developed on the premise of ensuring the quality and safety of the buildings, and according to the principle of optimal costs in the whole life-cycle, energy conservation and emission reduction, eco-environment protection, and cycle utilization, so as to reduce the costs of the maintenance and the remove, and reasonably prolong service life of the buildings.

Article 23 Within five years after the construction projects are put into use, related competent administrative departments may, according to needs, entrust professional institutions to evaluate the effects of cost control implemented in the whole life-cycle of the key construction projects and put forward opinions and advice for improvement.

Chapter IV Supervision of Construction Project Cost

Article 24 When fulfilling related functions and duties of cost supervision and administration, the cost administration organizations of the municipality and the districts shall be subject to the unified examination projects, methods and time limit of Shenzhen, according to standard requirements.

Article 25 The documents on cost results of projects invested by the government shall be examined in accordance with the provisions of the relevant laws and regulations.

Cost administration organizations, audit organizations and government investment accrediting and validating agencies shall establish an information-sharing system of the examination and review results of documents on cost results.

Article 26 Where non-financial state-owned funds and collective funds are invested in a project, if contract cost exceeds RMB 300,000, the construction unit shall submit the following documents on cost results to the cost administration organizations for examination:

(1) The controlled price of bidding of the bidding projects which adopt drawing lots to determine the winner of the bidding:

(2) The construction drawing budget of direct contract project;

(3) The final settlement (including interim settlement) ascertained by both the employer and the contractor.

The controlled price of bidding and the construction drawing budget, as prescribed in the previous paragraph, could be ascertained as the basis for determining the contract price upon an examination; the final settlement and the interim settlement could be regarded as the basis for the payment of project price and the registration of property right only after an examination.

Article 27 The cost administration organizations shall review the authenticity, accuracy and completeness of the documents on cost results submitted for the examination.

The cost administration organizations may, according to work needs, hire professional agencies to assist in cost audit in accordance with the relevant provisions, but shall not charge fees from the units subject to the examination.

Cost consulting units shall not engage in the cost consulting and the assistance in the examination of the same project.

Article 28 The cost administration organizations shall issue the conclusive documents on the examination within the following time limits from the date when the unit submits all required materials for the examination:

(1) The time limit is seven workdays for the examination of the controlled price of bidding and the construction drawing budget;

(2) the time limit is 45 days for the examination of the final settle, if the cost is less than RMB 50,000,000, and the time limit is 60 days, when the cost is more than RMB 50,000,000;

The conclusive documents on the examination issued by the cost administration organizations shall contain the matters such as the fact, reason, basis and so on affirmed by the examination.

Article 29 The cost administration organizations shall publish the final settlements and the examination results submitted by construction units on the public website of the municipal administrative department of construction, except those which shall not be disclosed in accordance with the law.

Article 30 The construction units of construction projects invested in with state-owned and collective funds shall conclude contracts by reference to the model contract model prepared by the municipal administrative department of construction or other administrative departments.

The employer shall submit the construction project contract of the construction project to the cost administration organizations for record filing within 15 workdays as of the date when the construction project contract of the construction project is concluded.

Article 31 Where a single change in a construction project invested by non-financial state-owned and collective funds results in an adjustment to the contract price of over RMB 500,000, the construction unit shall submit the change in the project to the cost administration organization for record filing within ten workdays as of the date when the change notice is sent out.

The cost administration organizations may make spot check on the project change according to need, for which the related units shall cooperate with it.

Article 32 The construction units of the construction projects invested in with state-owned and collective funds, shall submit the controlled price of bidding published and the audited results of the final settlement to the cost administration organization for record filing.

Article 33 The administrative department of construction shall make regular check and random inspection and execute dynamic supervision and administration over various documents on cost results and construction project contracts, and investigate and punish illegalities and irregularities. Relevant units and individuals shall cooperate with them.

Where audit, transportation, water affairs and other departments and construction units of projects invested in by the government find any illegalities in the construction project cost-related activities, they shall transfer the illegalities to the administrative department of construction to be dealt with in accordance with the law, and provide relevant evidentiary materials.

Chapter V Practice Administration

Article 34 A unit engaged in the construction project cost consulting shall obtain the qualification certificate awarded by the administrative department of construction in accordance with the law, and practice within the scope approved by such qualification certificate. Practitioners shall attain the relevant certificates and register, and practice within the registered scope.

Article 35 The cost consulting units practicing in Shenzhen shall handle record filing formalities with the municipal administrative department of construction.

The municipal administrative department of construction shall check regularly and make random inspection of the qualification and the eligibility conditions, the enforcement of laws and regulations and these Rules of the cost consulting units and their practitioners, and punish illegalities and irregularities in accordance with the law, and record and publish the misconducts in according to the provisions.

Article 36 The following behaviors of a unit compiling documents on cost results are prohibited:

(1) Altering, reselling, leasing, lending or otherwise illegally transferring the qualification certificates;

(2) Undertaking business beyond the scope approved in qualification certificates;

(3) Simultaneously accepting to provide consultancy for the tenderee and the tenderer, or more than two tenderers of a same project;

(4) Subcontracting the consultancy;

(5) Deliberately reducing or raising the construction project cost;

(6) Issuing the false documents on cost results;

(7) Unfair competition by offering kickback, reducing charges maliciously and other methods; and

(8) Other behaviors prohibited by laws and regulations.

Article 37 The following behaviors of a cost practitioner are prohibited:

(1) Altering, reselling, leasing, lending, or otherwise illegally transferring the registered certificates or practicing seals;

(2) Practicing in the field beyond the permitted practice scope of the  corresponding qualification category;

(3) registered in two or more legal entities at the same time;

(4) Deliberately reducing or raising the construction project cost ;

(5) Signing the false documents on cost results;

(6) Conducting commercial bribes and seeking illegitimate interests in the practice; and

(7) Other behaviors prohibited by laws and regulations.

Article 38 Industry associations of cost consulting shall develop code of conduct and service specifications of the industry, establish self-discipline mechanism of the industry, protect the legitimate rights and interests of the members, regulate the operation of cost consulting units, and promote the healthy development of the industry, in accordance with the provisions of laws, regulations, rules and the articles of association.

Chapter VI Legal Liabilities

Article 39 Where the administrative department of construction, the cost administration organization and other departments performing duties of construction project cost supervision in accordance with the law have any of the following behaviors, the mainly responsible person and other directly responsible person shall be punished by units where they are working, the competent administrative department of the higher level, or supervisory organs in accordance with the law; where a crime is committed, they shall be transferred to judicial organs in accordance with the law:

(1) Failing to issue conclusive document on the examination, or the issued conclusive document on the examination fails to meet the requirements;

(2) Failing to publish the final settlement and the result of the examination submitted by construction units;

(3) Examining and approving, punishing, or taking administrative coercive measures in an illegal manner;

(4) Failing to compiling valuation standards or publishing price information in accordance with the law;

(5) Abusing authority, dereliction of duty and playing favoritism;

(6) Other non-performance or improper performance of statutory duties.

Article 40 Where relevant units, in violation of Article 12 of these Rules, refuse to provide related material, or provide false material, the municipal administrative department of construction shall order them to rectify; for those units refusing to rectify, a fine of RMB 3,000 shall be imposed.

Article 41 Where a violation of Article 19 of these Rules are committed, and a deviation of the controlled price of bidding is over 5% owing to the deviation of the bill of quantity, the administrative department of construction shall punish the tenderee, and the directly responsible person shall be imposed a fine of 10% of the fine imposed on the unit, according to the following standards:

(1) Where the deviation is over 5% and below 10%, a fine of RMB 30,000 shall be imposed

(2) Where the deviation is over 10% and below 15%, a fine of RMB 5 0,000 shall be imposed; and

(3) Where the deviation is over 15%, a fine of RMB 80,000 shall be imposed.

Article 42 Where a violation of Paragraph 1 of Article 26, Paragraph 2 of Article 30, and Paragraph 1 of Article 31 and Article 32 of these Rules is committed by failing to submit the related documents on cost results and the construction project contracts to the cost administration organizations for examination or record filing, the administrative department of construction shall order to rectify; for those refusing to rectify, a fine of RMB 30,000 shall be imposed.

Article 43 Where a violation of Paragraph 1 of Article 33 of these Rules is committed by the related units that do not cooperate in the inspection, the administrative department of construction shall order to rectify; for those units refusing to rectify, a fine of RMB 10,000 shall be imposed.

Article 44 Where a violation of Item 5 of Article 36 and Item 4 of Article 37 of these Rules is committed through intentionally reducing or raising cost by documents on costs results, which is found in the process of the examination, the administrative department of construction shall order to rectify; a fine shall be imposed on the unit compiling the documents on cost results based on the proportion of the lowered or raised cost (calculated collectively based on absolute value of the reduced or raised cost) to the cost under examination according to the following standards; and a fine of 10% of the fine imposed on the related units shall be imposed on the cost practitioners; where a suspected crime is found, the case shall be transferred to judicial organs for treatment:

(1) Where the proportion is over 5% and below 10%, a fine of RMB 50,000 shall be imposed;

(2) Where the proportion is over 10% and below 15%, a fine of RMB 80,000 shall be imposed; and

(3) Where the proportion is over 15%, a fine of RMB 100,000 shall be imposed.

Where the construction unit instigates the unit compiling documents on cost results or cost practitioners to reduce or raise the cost, a fine of three times of the fine provided in the previous paragraph shall be imposed on the construction unit.

Article 45 Where a violation of Item 6 of Article 36 and Item 5 of Article 37 of these Rules is committed by the related units and the individuals, such asissuing or signing the false documents on cost results in way of adding false project quantities, making up false projects and “Black-White” contracts or otherwise, the administrative department of construction shall order to rectify, a fine shall be imposed on the unit compiling the documents on cost results based on the proportion of the false part of the cost to the cost under examination according to the following standards, and a fine of 10% of the fine imposed on such units shall be imposed on the cost practitioners; where a suspected crime is found, the case shall be transferred to judicial organs in accordance with the law:

(1) Where the proportion is below 15%, a fine of RMB 100,000 shall be imposed;

(2) Where the proportion is over 15% and blow 30%, a fine of RMB 200,000 shall be imposed; and

(3) Where the proportion is over 30%, a fine of RMB 3 00,000 shall be imposed.

Where the construction unit instigates the unit compiling the documents on cost results or the cost practitioners to issue or sign false documents on cost results, a fine of three times of the fine provided in the previous paragraph shall be imposed on the construction unit.

Article 46 For violations of laws, regulations and these Rules, in addition to the punishment according to the laws, the municipal administrative department of construction shall record and publish the misconducts.

For those subject to suspension of business for rectification, lowering of the grade of qualification, revocation of qualification certificate, and cancelation of practice qualification in accordance with law, the municipal administrative department of construction shall transfer the cases to the organs issuing the qualification certificate or the registration organization of the practice qualification for treatment.

Chapter VII Supplementary Provisions

Article 47 For the purpose of these Rules, "below" includes the given number, while "over" excludes the given number.

Article 48 These Rules shall take effect as of July 1, 2012.