Industry heavyweight! Supervision engineer can serve as general contracting project manager
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【Abstract】 The Ministry of Housing and Urban-Rural Development issued the "Notice of the National Development and Reform Commission of the Ministry of Housing and Urban-Rural Development on Printing and Distributing the Measures for the Management of General Contracting of Housing Construction and Municipal Infrastructure Projects". Contract project manager, please see the text for the specific conditions to be met:
On December 23, 2019, the Ministry of Housing and Urban-Rural Development and the National Development and Reform Commission's Notice on Printing and Distributing Administrative Measures for the General Contracting of Housing Construction and Municipal Infrastructure Projects (City Regulation  No. 12) has been determined since Beginning on the 1st, supervision engineers can serve as project managers for general contracting projects!
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Specific details of the notice:
Provincial and Autonomous Region Housing and Urban-Rural Development Department, Development and Reform Commission, Housing and Urban-Rural Development (Management) Commission, Development and Reform Commission of Municipalities, Beijing Municipal Planning and Natural Resources Commission, Housing and Urban-Rural Development Bureau of Xinjiang Production and Construction Corps, Development and Reform Commission, plans Housing and Urban-Rural Development Bureau, Development and Reform Commission
In order to implement "Several Opinions of the Central Committee of the Communist Party of China on Further Strengthening the Management of Urban Planning and Construction" and "Opinions of the General Office of the State Council on Promoting the Sustainable and Healthy Development of the Construction Industry" (Guobanfa  No. 19), the Ministry of Housing and Urban-Rural Development 2. The National Development and Reform Commission formulated the Measures for the Management of General Contracting of House Construction and Municipal Infrastructure Projects. It is printed and distributed to you, please implement it carefully in accordance with the actual situation in the region.
Ministry of Housing and Urban-Rural Development of the People's Republic of China
National Development and Reform Commission, People's Republic of China
December 23, 2019
Measures for the Administration of General Contracting of Housing Construction and Municipal Infrastructure Projects
Chapter I General Provisions
The first is to standardize the general contracting activities of housing construction and municipal infrastructure projects, improve the quality and efficiency of construction, and formulate these measures in accordance with relevant laws and regulations.
Article 2 These Measures shall apply to the general contracting activities of housing construction and municipal infrastructure projects, and the implementation of supervision and management of the general contracting activities of housing construction and municipal infrastructure projects.
Article 3 The term "general contracting" in these measures refers to the contracting unit's general contracting of engineering design, procurement, construction or design, construction and other phases according to the contract signed with the construction unit, and to the quality, safety, construction period and Cost and other comprehensive and responsible engineering construction organization implementation methods.
Article 4 The general contracting activities of the project shall follow the principles of lawfulness, fairness, honesty and trustworthiness, reasonably share risks, guarantee the quality and safety of the project, save energy and protect the ecological environment, and shall not harm the public interests and the legitimate rights and interests of others.
Article 5 The competent department of housing and urban-rural construction of the State Council supervises and manages the general contracting activities of national housing construction and municipal infrastructure projects. The development and reform department of the State Council performs corresponding management responsibilities in accordance with relevant laws and regulations related to fixed asset investment and construction management.
The competent departments of housing and urban-rural construction of local people's governments at or above the county level are responsible for the supervision and management of the general contracting (hereinafter referred to as the general contracting) of housing construction and municipal infrastructure projects within their respective administrative areas. The development and reform departments of the local people's governments at or above the county level shall perform corresponding management duties within their respective administrative areas in accordance with the relevant laws and regulations on investment in construction and management of fixed assets.
Chapter II Project Contracting and Contracting
Article 6 The construction unit shall reasonably select the implementation mode of the project construction organization according to the project situation and its own management capabilities.
For projects with clear content and mature technical schemes, the general contracting method is suitable.
Article 7 The construction unit shall complete the project examination and approval, approval or filing procedures before the contract is issued. The enterprise investment project adopting the general contracting method of engineering shall issue the general contracting project after approval or filing. In general, government investment projects that adopt the general contracting method of engineering should be contracted out after the preliminary design approval is completed. Among them, government investment projects that simplify the approval documents and approval procedures in accordance with relevant national regulations should complete the corresponding investment decisions. After approval, the general contracting project is awarded.
Article 8 The construction unit shall select the general contractor of the project by means of tendering or direct contracting according to law.
If any of the design, procurement or construction within the scope of a general contracting project falls within the scope of a project that must be tendered according to law and meets the nationally prescribed scale standard, the general contracting unit shall be selected by tendering.
Article 9 The construction unit shall compile the bidding documents for the general contracting project according to the characteristics and needs of the bidding project, mainly including the following:
(1) Notice to bidders;
(2) bid evaluation methods and standards;
(3) the main terms of the contract to be signed;
(4) The contractor's requirements specify the project's objectives, scope, design and other technical standards, including the content, scope, scale, standards, functions, quality, safety, energy conservation, ecological environment protection, construction period, acceptance, etc. Explicit requirements;
(5) Materials and conditions provided by the construction unit, including hydrogeological, engineering geological, and topographical survey data completed before the contract is issued, as well as feasibility study reports, scheme design documents, or preliminary design documents;
(6) the format of the bidding documents;
(7) Other materials required by the bidder.
The construction unit may put forward the performance guarantee requirements in the bidding documents, and require the bidding documents to specify the contents of the subcontracting according to law. For the maximum bid limit price, the maximum bid limit price or the calculation method of the maximum bid limit price shall be specified.
It is recommended to use the model text of the general contracting contract formulated by the Ministry of Housing and Urban-Rural Development in conjunction with relevant departments.
Article 10 The general contracting unit of a project shall have both engineering design qualifications and construction qualifications that are compatible with the scale of the project, or a combination of design units and construction units with corresponding qualifications. The general contracting unit of the project shall have the corresponding project management system and project management capabilities, financial and risk-bearing capabilities, and similar design, construction, or general contracting performance as the contracted project.
Where a design unit and a construction unit form a consortium, the lead unit shall be reasonably determined according to the characteristics and complexity of the project, and the responsibilities and rights of the member units of the consortium shall be clearly defined in the consortium agreement. The parties to the consortium shall jointly sign a general contracting contract with the construction unit, and shall bear joint and several liabilities for the general contracting project.
Article 11 The general contracting unit of a project shall not be the agent construction unit, project management unit, supervision unit, cost consulting unit, or bidding agency unit of the general contracting project.
The project proposal, feasibility study report, preliminary design document preparation unit and evaluation unit of a government-invested project shall generally not become the general contracting unit of the project. If the bidder of a government-invested project discloses the completed project proposal, feasibility study report, and preliminary design documents, the above-mentioned unit may participate in the bidding of the general contracting project of the project, and become the general contracting unit of the project after bid evaluation and determination according to law.
Article 12 Design units are encouraged to apply for construction qualifications. Units that have obtained comprehensive engineering design qualifications, industry-level A qualifications, and construction engineering specialty A-level qualifications may directly apply for construction-level general contracting first-level qualifications. Construction units are encouraged to apply for engineering design qualifications, and units with construction contracting qualifications of one or more levels can directly apply for engineering design qualifications of the corresponding category. The results of the general contracting of completed projects of the corresponding scale can be used as the design and construction performance declaration.
Article 13 The construction unit shall determine the reasonable time required by the bidder to prepare the bidding documents for the general contracting project of the project.
Article 14 The bid evaluation committee shall be composed of representatives of the construction unit, experts with experience in general contracting project management, and experts in design, construction, cost, etc., in accordance with legal regulations and project characteristics.
Article 15 The construction unit and the general contracting unit of the project shall strengthen risk management and share risks reasonably.
The risks undertaken by the construction unit mainly include:
(1) Compared with the base period price at the time of bidding, the price of major engineering materials, equipment and labor has a portion that fluctuates more than that agreed in the contract;
(2) changes in contract prices caused by changes in national laws, regulations and policies;
(3) changes in engineering costs and construction periods caused by unforeseen geological conditions;
(4) changes in project costs and construction periods due to the construction unit;
(5) Changes in engineering costs and duration caused by force majeure.
The specific risk sharing content shall be agreed in the contract by both parties.
Encourage construction units and general contracting units to use insurance to enhance their ability to prevent risks.
Article 16 The general price contract should be adopted for the general contracting of enterprise investment projects. The general contracting of government investment projects should reasonably determine the contract price form. Where a total price contract is adopted, the total contract price will generally not be adjusted except in cases where the contract can be adjusted.
The construction unit and the general contracting unit of the project may agree in the contract the general contracting measurement rules and pricing method.
For projects that are required to bid according to law, the contract price shall be reasonably determined on the basis of sufficient competition.
Chapter III Implementation of General Contracting Projects
Article 17 According to their own resources and capabilities, the construction unit may manage the general contracting project on its own, or it may entrust a project management unit such as a survey and design unit, a contract construction unit, etc., to grant corresponding rights to manage the general contracting project according to the contract .
Article 18 The general contracting unit of the project shall establish an organization and management system that is compatible with the general contracting of the project, and form the management of project design, procurement, construction, trial operation and management of quality, safety, construction period, cost, energy conservation and ecological environment protection And other general contracting management capabilities.
Article 19 The general contracting unit shall establish a project management organization, set up a project manager, allocate corresponding management personnel, strengthen the coordination of design, procurement and construction, improve and optimize the design, improve the construction plan, and achieve effective management of the general contracting project control.
Article 20 The general contracting project manager shall meet the following requirements:
(1) Obtaining the relevant engineering and construction qualifications, including registered architects, survey and design registered engineers, registered builders, or registered supervision engineers, etc .; those who have not implemented registered professional qualifications, obtain senior professional and technical titles;
(2) He has served as a general contracting project manager, a design project leader, a construction project leader, or a project director and similar engineer similar to the proposed project;
(3) Familiar with engineering technology and general contracting project management knowledge, as well as relevant laws, regulations and standards;
(4) Have strong organization and coordination ability and good professional ethics.
The general contracting project manager shall not be the general contracting project manager or the construction project leader in two or more engineering projects at the same time.
Article 21 The general contracting unit of a project may subcontract directly. However, when the subcontracting of projects, goods and services included in the scope of general contracting in the form of provisional valuation is within the scope of a project that must be tendered according to law and meets the national scale standards, tendering should be conducted according to law.
Article 22 The construction unit shall not force the general contracting unit to bid at a price lower than the cost, shall not explicitly or imply that the general contracting unit violates the mandatory standards for construction and reduces the quality of the construction project, and shall not explicitly or imply the use of the general contracting unit. Substandard building materials, building components and equipment.
The general contracting unit of a project shall be responsible for the quality of all its construction projects, and the subcontracting unit shall be responsible for the quality of its subcontracted projects. Subcontracting does not relieve the general contracting unit of its quality responsibility for all its construction projects.
The general contracting unit and the general contracting project manager of the project shall assume lifetime responsibility for quality in accordance with the law.
Article 23 The construction unit shall not impose requirements on the general contracting unit of the project that do not comply with the requirements of laws, regulations and mandatory standards for the safe production of construction projects, and shall not explicitly or imply that the purchase, lease or use of the general contracting unit does not meet the requirements of safe construction. Safety equipment, machinery and equipment, construction equipment and accessories, fire protection facilities and equipment.
The general contracting unit of the project is responsible for the safety in production of the projects within the scope of the contract. The subcontracting unit shall obey the safety production management of the general contracting unit of the project. If the subcontracting unit does not obey the management and cause a production safety accident, the subcontracting unit shall bear the main responsibility, and the subcontracting does not relieve the general contracting unit of the safety responsibility.
Article 24 The construction unit shall not set any unreasonable time limit, nor shall it arbitrarily reduce the reasonable time limit.
The project general contractor shall be fully responsible for the construction period according to the contract, and control and manage the overall progress of the project and the progress of each stage to ensure that the project is completed on schedule.
Article 25 The project warranty is signed by the construction unit and the general contracting unit. During the warranty period, the general contracting unit shall bear the warranty responsibility in accordance with laws and regulations and the contract, and the general contracting unit shall not use the contract between it and the subcontracting unit. Warranty liability is divided and refusal to perform warranty liability.
Article 26 The construction unit and the general contracting unit of the project shall strengthen the management of design and construction to ensure that the construction site, construction scale, construction content, etc. meet the requirements of project approval, approval, and filing.
Funds required for government investment projects shall be ensured in accordance with relevant state regulations and shall not be funded by construction contractors or subcontractors. In principle, construction investment of government investment projects shall not exceed the approved investment budget estimate.
Article 27 If the general contracting unit of the project and the general contracting project manager have illegal or illegal acts such as subcontracting, illegal subcontracting, etc. in design and construction activities, or cause engineering quality and safety accidents, the design, construction unit and its projects shall be subject to laws and regulations. The responsible person shall be held accountable for the same violations of laws and regulations.
Chapter IV Supplementary Provisions
Article 28 These Measures shall be implemented as of March 1, 2020.
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