variation analysis
08 standard professional division: construction engineering, decoration engineering, installation engineering, municipal engineering, landscaping engineering, mining engineering, * * * six majors. 13 draft of the new code for comments: building and decoration engineering, installation engineering, municipal engineering, landscape engineering, mining engineering and antique buildings.
Construction engineering, structural engineering, urban rail transit engineering, blasting engineering, * * * nine majors.
13 "Draft for Comment on the New Code" refines the six majors in the 08 Code: the architecture and decoration major is merged into one major, the antique and garden major is separated and disassembled into a new major, and three majors, namely structure, urban rail transit and blasting engineering, are added.
Part of the engineering quantity should be priced at the comprehensive unit price. The list of partial projects and measures adopts comprehensive unit price.
Pricing.
The 08 specification does not specify whether the list of measures items is priced at the comprehensive unit price, but the "13 draft of the new specification" adds clear requirements to the list of measures items, and the division principle is clearer and clearer. Engineering construction projects invested by non-state-owned funds can be priced by bill of quantities. Non-state-owned capital investment projects shall be priced by bill of quantities.
Specifications. If the valuation method of bill of quantities is not adopted, except for special provisions such as bill of quantities, it shall still be implemented according to this specification.
In the "13 draft of the new code for comments", the explanation of the valuation method of construction projects invested by non-state-owned funds has been revised from the previous applicable provisions to mandatory provisions, which is more clear and definite.
For projects priced by bill of quantities, the content and scope of risks should be clearly specified in the tender documents or contracts, and the content and scope of risks should not be specified by infinite risks, all risks or similar expressions.
The explanation of valuation risk in 13 draft of new specification was changed from the previous applicable clauses to mandatory clauses. When contracting construction projects, the contents and scope of risks in valuation should be clearly stipulated in the bidding documents and contracts, and the contents and scope of risks in valuation should not be stipulated by unlimited risks, all risks or similar expressions. The comprehensive unit price shall include the risk scope and expenses that shall be borne by the bidder as stipulated in the tender documents. If it is not clear in the tender documents, it shall be submitted to the tenderer for clarification.
Unit price contract should be adopted for the project priced by bill of quantities. Unit price contract is adopted for the project priced by bill of quantities. The contract period is short, the construction scale is small, and the technical difficulty is low. The construction drawing design has been reviewed in the "13 new draft specification", and the bill of quantities is adopted.
The interpretation agreed in the project contract was changed from the previous applicability clause to the mandatory clause, and the adoption was added.
Complete sets of buildings can be contracted at a total price; Emergency rescue, disaster relief and construction projects with particularly complicated construction techniques can adopt cost plus compensation contracts.
It is clearer to use non-unit price contract clauses.
The tendering and bidding supervision institution shall, jointly with the project cost management institution, handle the complaint, and if there is any mistake, it shall instruct the tenderer to make corrections.
When the error between the evaluation conclusion of the tender control price and the original published tender control price exceeds 3%, the tenderer shall be instructed to correct it. If the tenderer needs to modify the published tender control price according to the evaluation conclusion of the tender control price, and the release time of the final tender control price is less than 15 days from the deadline for bidding, the deadline for bidding documents will be postponed.
There is no explanation for the review of the error of the tender control price in the 08 specification, and a correction explanation for the review result of the tender control price is added in the "13 new draft specification", which deals with the possible disputes and avoids the occurrence of errors.
In engineering measurement, if the bill of quantities is omitted, the calculation of engineering quantity is biased, and the increase or decrease of engineering quantity caused by engineering change shall be calculated according to the engineering quantity actually completed by the contractor in the process of fulfilling the contractual obligations.
During the performance of the contract, if the actual engineering quantity deviates from the bidding bill of quantities by more than 15%, the adjustment principle is: when the engineering quantity increases by more than 15%, the comprehensive unit price of the increased engineering quantity should be lowered; When the quantity of work is reduced by more than 15%, the comprehensive unit price of the remaining quantity after reduction shall be increased. (And detailed adjustment formula is given) The explanation of engineering quantity deviation in 08 specification only gives the solution, but not the adjustment proportion and calculation process, while the "13 draft new specification" gives a clear calculation explanation, and the provisions are more quantitative and enforceable.
If a new BOQ project is added due to some BOQ omissions or engineering changes not attributable to the contractor, the corresponding comprehensive unit price shall be determined as follows: If there is no applicable or similar comprehensive unit price in the contract, the contractor shall put forward the comprehensive unit price and implement it after it is confirmed by the Employer.
If the priced bill of quantities is not applicable or similar to the changed project, the contractor shall propose the changed project unit price according to the changed project data, calculation rules and valuation methods, the information price issued by the project cost management institution and the floating rate of the contractor's quotation, and report it to the Employer for confirmation and adjustment. (And the floating rate formula of the contractor's quotation is given.)
The comprehensive unit price adjustment caused by the engineering change in the 08 specification only gives a prescriptive explanation, while the "13 draft of the new specification" clearly gives the specific operation and calculation method of adjusting the comprehensive unit price, which is more enforceable.
The list of charges shall be listed as follows:
1 project sewage charges; 2. Engineering quota determination fee; Social security expenses: including old-age insurance, unemployment insurance and medical insurance.
The list of charging items shall be listed as follows: 1 project sewage charges; Social security expenses: including old-age insurance, unemployment insurance and medical insurance;
The cost of "13 new specification for comments" cancels the engineering quota measurement fee, increases the industrial injury insurance, updates synchronously with the market development, and strengthens the enforceability.
Medical insurance premium;
4 housing accumulation fund;
5. Dangerous operation accident insurance.
3 housing accumulation fund;
4. Dangerous operation accident insurance
5 industrial injury insurance
In the chapter dealing with engineering valuation disputes, it is simply mentioned that when a contract dispute occurs between the two parties to the contract, it should be resolved through the following ways: negotiation between the two parties, submission for mediation, application for arbitration to an arbitration institution or prosecution to a people's court.
Interpretation or identification of the temporary management organization of the supervision or cost engineer; Mediation of arbitration proceedings through friendly negotiation.
Cost evaluation
The 13 draft of the new code for comments has made a concrete explanation on the settlement of contract disputes, and has a clear time constraint, which is more enforceable. In the chapter on completion settlement, the time for both parties to submit and check the information is agreed as "the time agreed in the contract".
The Contractor shall submit or give a clear reply to the completion settlement documents within 65,438+04 days after the Employer urges it. The Employer shall complete the review within 28 days after receiving the completion settlement documents submitted by the Contractor. The contractor shall, within 14 days after receiving the audit opinion, supplement the information according to the reasonable requirements put forward by the employer. The Employer shall review again within 28 days after receiving the completion settlement documents submitted by the Contractor. If the contractor has no objection to the review result, it shall sign the completion settlement document for confirmation within 7 days.
The 13 draft of the new specification clearly gives specific time constraints, which is more standardized and enforceable. Bill of quantities for bidding: the bill of quantities for bidding prepared by the tenderer according to the national standards, bidding documents, design documents and the actual situation of the construction site. The priced bill of quantities: the bill of quantities, including explanations and tables, marked with the prices in the tender documents that form part of the contract documents, corrected by calculation errors (if any) and confirmed by the contractor. Deviation of engineering quantity: the deviation between the actual engineering quantity to be measured and the engineering quantity listed in the bidding bill of quantities when the contractor implements the contract according to the drawings (including the drawings provided by the contractor and approved by the employer).
13 Different points of subheadings are added to the draft of the new specification.
The Employer undertakes 1. Changes in national laws, regulations, rules and policies affect the contract price as follows: 2. Labor cost adjustment issued by provincial or industrial construction departments.
Due to the fluctuation of market price, the contract price should be reasonably shared by both parties.
1. If the increase of materials and engineering equipment exceeds 5% of the benchmark price at the time of bidding, it shall be borne by the Employer.
2. The increase of construction machinery use fee exceeds the benchmark price when bidding.
In the "13 draft of the new specification for comments", the explanation on the division of valuation risk responsibility is added, so as to clarify the responsibilities of both parties as much as possible and reduce possible disputes.
The part exceeding 10% shall be borne by the Employer.
Due to the mechanical equipment, construction technology and organizational management level used by the contractor, the project price will be borne by the contractor.
The sub-projects of unit price contract Metrology and lump sum contract Metrology were added to the bidding control price. The specific contents include: the contractor shall submit a report on the completed quantities of the current period to the employer according to the measurement cycle and time agreed in the contract. What should the employer do?
What should both parties do when the employer needs on-site metrological verification?
What should the contractor do if he thinks that the measurement result of the employer is wrong?
The division of responsibilities is clearer and clearer, and the responsibilities that both parties should bear are as clear as possible to reduce possible disputes in the later period.
A section on complaints and handling has been added to the tender control price, and the specific contents include:
When making a complaint, the complainant shall submit a written complaint, including the following contents (there are three specific items)
The project cost management institution shall conduct a review within two working days after receiving the complaint, and it will not be accepted under any of the following circumstances: (There are three specific items)
What to do after the acceptance of the project cost management organization (there are three specific items)
Description on the treatment of review results (there are two specific items)
The 13 Draft for Comment on the New Code makes the principle of division of responsibilities more clear, and the responsibilities of both contracting parties are as clear as possible, so as to reduce possible disputes in the later period.
All items with unit price and total price listed in the bill of quantities and valuation table shall be filled in by the bidder, and only one quotation is allowed. Items for which the unit price and total price are not filled in shall be deemed as expenses included in the unit price and total price of other items in the bill of quantities. After the settlement is completed, this project will not be re-priced and adjusted.
The 13 Draft for Comment on the New Specification adds clear provisions on the price of the tender quotation list and explanations on the treatment of the price of the unfilled list, requiring both contracting parties to do a good job within their respective responsibilities, especially where disputes may arise, so as to avoid mistakes.
After the following events (but not limited to) occur, both parties shall adjust the contract price (specifically, item 15). How do both parties to the contract adjust the contract price? If the following events increase, how should both parties deal with them? The project description is inconsistent with the bill of quantities, the missing items deviate from the bill of quantities, and the price change belongs to force majeure.
Claim for delay in completion in advance (compensation for speeding up work)
The 13 Draft for Comment on the New Specification adds a clear explanation to the handling methods of some matters that cause contract price adjustment, and the principle of responsibility division is more clear. Add "13 new specification draft for comments" to the settlement and payment of contract termination price.