Contracted land refers to the adoption of family contracting within the rural collective economic organization, it is not appropriate to adopt the family contracting method of barren mountain, barren ditch, barren hill, barren Huai and other rural land, you can take the bidding, auction, public negotiation and other ways of contracting. The nature of ownership of rural land remains unchanged after contracting, and contracted land may not be bought or sold.
Contracting form
(a) according to the contracting scope (content) division of contracting
Contracting according to the scope of the project contracting that is the contracting content division of the contracting method, there is the whole process of construction contracting, contracting phase, special contracting and "build - operate - transfer "Contracting 4 kinds.
1. Construction of the whole process of contracting
Construction of the whole process of contracting, also known as "turnkey", or "package contracting", that is, usually referred to as "turnkey". Using this contracting method, the construction unit generally only need to put forward the use of requirements and completion date, the contractor can be on the project proposal, feasibility study, survey and design, equipment inquiry and purchase, materials order, engineering construction, production staff training, until the completion of production, the implementation of the whole process, comprehensive general contracting, and is responsible for the subcontracting tasks for integrated management, coordination and supervision.
2. Stage contracting
Stage contracting is the content of the construction process in a certain stage or some stage of the work. For example, feasibility studies, survey and design, building and installation construction. In the construction phase, but also according to the different contents of the contract, subdivided into three ways:
(1) package. That is, all the labor and materials used in the construction of contracting works. This is the more common construction contracting method used internationally.
(2) part of the package materials. That is, the contractor is only responsible for providing all the construction labor and part of the materials, the rest of the construction unit or general contracting unit is responsible for the supply.
(3) the contractor does not include materials. That is, the contractor only provides labor without the obligation to supply any materials. This type of contracting exists in construction projects at home and abroad.
3. special contracting
Special contracting is the content of a construction phase of a specialized project, due to the strong specialization, more by the relevant professional contracting unit contracting, so it is called professional contracting. For example, the feasibility study in the auxiliary research projects, investigation and design phase of the engineering geological survey, water supply source survey, foundation or structural engineering design, process design, power supply system, air-conditioning system and disaster prevention system design, the construction of the preparation process of the purchase of equipment and training of production and technical personnel, as well as the construction phase of the foundation construction, metal structure fabrication and installation, ventilation equipment and elevator installation, and so on.
4. "Build-Operate-Transfer" Contracting
(2) Contracting Methods by Position of Contractor
In engineering contracting, there is often more than one contracting unit on a construction project. Between the contractor and the construction unit, as well as between different contractors have different relationships, different status, and the formation of different ways of contracting. There are five common ones.
1. general contracting
A construction project construction process or one of the phases (such as the construction phase) of all the work by a contractor responsible for the organization and implementation.
2. Sub-contracting
Sub-contracting is referred to as sub-contracting, is relative to the general contracting, that is, the contractor does not have a direct relationship with the construction unit, but from the general contracting unit sub-contracting a sub-item of work (such as earthworks, templates, reinforcing bars, etc.) or some kind of specialized works (such as steel fabrication and installation, sanitary equipment installation, elevator installation, etc.), the general contractor to co-ordinate the arrangement of its activities on the site and is responsible to the main contractor.
3. Independent contracting
Independent contracting refers to the contracting unit to rely on their own strength to complete the contracting task, without the implementation of subcontracting contracting methods. Usually only applies to small-scale, relatively simple technical requirements of the project and repair works.
4. Joint contracting
Joint contracting is relative to the independent contracting contracting, that is, by more than two contracting units to form a consortium contracting a project task, to participate in the joint units presumed to represent the unity of the construction unit to sign a contract with the construction unit, **** with the construction unit is responsible for, and to coordinate the relationship between them.
5. Direct contracting
Direct contracting is in the same project, different contractors signed a contract with the construction unit, each directly responsible for the construction unit. There is no subcontracting relationship between the contractors, on-site coordination can be done by the construction unit, or entrusted to a contractor to take the lead to do, you can also hire a special project manager to manage.
(C) according to the way to get the contracting task divided into contracting mode
Based on the contracting unit to get the task of different ways, the contracting mode can be divided into four kinds.
1. Plan allocation
Under the planned economy system, the central and local government planning departments allocate construction project tasks by the design and construction units and construction units to sign contracting contracts. In our country, was the main way for many years, with the deepening of reform has been a few.
2. Bidding competition
Through bidding competition, the winner of the project tasks, and construction units to sign a contract. This is the main way to get the contracting task internationally. China's implementation of the socialist market economic system, the construction industry and one of the main elements of the reform of the capital construction management system, is to plan the distribution of engineering tasks to gradually transition to the implementation of bidding competition under the macro-control of the government is the main way of contracting.
3. Commissioned contract
Commissioned contract, also known as the negotiation of contracting, that is, without bidding competition, but by the construction unit and the contracting unit negotiation, signed a contract entrusted to contract for a certain project task.
4. Other ways to get the contracting task
Article 66 of the Law of the People's Republic of China on Bidding and Tendering stipulates that "projects involving national security, state secrets, disaster relief, or belonging to the use of poverty alleviation funds to implement the special circumstances of work instead of trafficking, and the need to use migrant workers and other special circumstances, which are not suitable for bidding, in accordance with the provisions of the state may not be carry out bidding." In addition, in accordance with international practice, projects that can only be supplied from a single manufacturer due to reasons such as patents and monopoly rights are also projects for which tendering is not appropriate. For the implementation of such projects, depending on the circumstances, the competent government department may assign the appropriate unit to perform the contracting task by administrative order; or the competent department may authorize the project organizer (owner) or listen to its autonomy, negotiate with the appropriate contracting unit and entrust the project to its contracting.
(D) by contract type and pricing method of contracting
The conditions of the project and the contracting content of the different, often require different types of contracts and package price calculation method. Therefore, in practice, the type of contract and pricing method has become an important basis for the division of contracting.
1. Fixed lump-sum contract
Fixed lump-sum contract is the agreed lump-sum contracting works. It is characterized by drawings and project specifications as the basis for clear contracting content and calculation of the package price, and a package dead. In the course of the contract, unless the construction unit requires a change in the original contracting content, the contracting unit is generally not required to change the package price. This approach to the construction unit is relatively simple, so for the general construction unit is welcome. For contractors, if the design drawings and specifications are quite detailed, can be based on a more accurate estimate of the cost of signing the contract is also relatively well thought out, not too much risk, is also a relatively simple way of contracting.
2. Quantity-based pricing contract
The quantity-based pricing contract is based on the bill of quantities and unit price list for calculating the package price. Usually commissioned by the construction unit design unit or professional estimator (cost engineers or surveyors) to put forward the bill of quantities, listing the amount of sub-items, such as excavation of a number of cubic meters, filling and tamping of a number of cubic meters, a number of cubic meters of concrete, a number of square meters of wall plastering, etc., the contractor to fill in the unit price, and then calculate the total cost. Because the amount of work is calculated uniformly, the contractor only after review and fill in the appropriate unit price will be able to arrive at the total cost, bear less risk; contracting unit also only need to audit the unit price is reasonable, both sides are convenient.
3. unit-price contract
In the absence of construction drawings on the need to start, or although there are construction drawings of some of the conditions of the project is not yet completely clear, neither the amount of work can not be calculated more accurately, but also to avoid the luck of making the construction unit and the contracting unit of any one party to bear too much risk, the use of unit-price contract is more appropriate. In practice, this contracting method can be subdivided into three kinds:
(1) according to the unit price contracting
that is, by the construction unit listed in the name of the sub-projects and units of measurement, such as excavation per cubic meter, concrete per cubic meter, steel per ton, etc., and so on, and more by the contracting unit to fill in the price of the unit; can also be proposed by the construction unit unit unit, and then by the contracting unit recognition or Proposed revisions as a formal offer, the two sides negotiated to determine the unit price of contracting, and then sign the contract, and according to the actual number of completed projects, according to the unit price of the settlement of the project price. This kind of contracting method is mainly applicable to the urgent works which have no construction drawings and the quantity of works is unknown that must be started.
(2) according to the final product unit price contracting
that is, according to each square meter of residential, each square meter of road and other final product unit price contracting. The quotation is the same as the contracting by the unit price of sub-projects. This contracting method usually applies to the use of standard design of residential, primary and secondary school buildings and general plant and other projects. However, taking into account the foundation works due to different conditions and cost changes, our country by each square meter unit price contracting some housing construction projects, generally refers only to the ± 0 elevation above the part of the foundation works are contracted according to the amount of contracting or unit price contracting of sub-parts of the project. Unit price can be fixed according to the budget or plus price adjustment coefficient once wrapped up, can also be agreed to allow with the change of wages and material price index and adjustment. Specific adjustments are specified in the contract.
(3) according to the total price bidding and final bidding, according to the unit price settlement of the project price
This contracting method applies to the design has reached a certain depth, can be based on the estimation of the number of sub-parts of the project approximation, but due to certain circumstances are not completely clear, in practice, there may be a large change in the project. For example, in the construction of railroads or hydropower tunnel excavation, it may be due to abnormal geological conditions and the number of earth and rock produced by large changes. In order to make the contracting parties can avoid the resulting risks, the contracting unit can be estimated by the amount of work and a certain unit price to put forward the total offer, the construction unit is also the total price and unit price for the evaluation of bids, the main basis for bidding, and signed a single-price contract. Subsequently, the two sides that is according to the actual number of completed works and the contract unit price settlement of the project price.
4. Cost plus honorarium contract
The basic feature of this contracting method is the actual cost of the project (including labor, materials, construction machinery, other direct costs and construction management fees, and independent fees, but does not include the total management fees and taxes payable by the contracting company), plus the agreed total management fees and profits, to determine the total cost of the project. This contracting method is mainly applicable to the project before the start of the contents of the project is not yet very clear, such as the side of the design and construction of emergency projects, or suffered from earthquakes, fires and other disasters after the damage to be repaired project.