Provisions of Zibo Municipality on the Administration of Construction Market

Article 1 In order to strengthen the management of the construction market, maintain the order of the construction market, and protect the legitimate rights and interests of market participants, these Provisions are formulated in accordance with the Construction Law of People's Republic of China (PRC), the Regulations of Shandong Province on the Management of the Construction Market and other laws and regulations, combined with the actual situation of this Municipality. Article 2 Those who engage in construction activities and supervise and manage construction activities within the administrative area of this Municipality shall abide by these provisions. Article 3 The municipal, district and county construction administrative departments shall be responsible for the supervision and management of the construction market within their respective administrative areas in accordance with the provisions on hierarchical management.

Transportation, water conservancy and other relevant administrative departments. Supervise and manage professional construction projects in accordance with the responsibilities stipulated by laws and regulations. Article 4 Units and individuals engaged in construction activities shall obtain corresponding qualifications according to law and engage in construction activities within the scope permitted by their qualifications. Article 5 The construction unit shall go through relevant construction procedures according to law.

The contractor shall not undertake the project that fails to go through the relevant construction application procedures according to the statutory construction application procedures. If a contractor participates in the construction of a project that fails to go through the relevant construction application procedures according to the statutory construction application procedures, the construction administrative department shall order him to stop work and evacuate the construction site, and no qualification assessment or qualification filing will be conducted in that year. Sixth construction enterprises that are not registered in this Municipality shall go to the municipal construction administrative department for qualification filing before entering this Municipality to participate in project bidding or directly undertake project tasks. Seventh supervision, bidding agency, project cost consulting units shall carry out business activities according to law, and collect intermediary service fees in accordance with the standards approved by the price administrative department.

The project cost consulting unit shall follow the principle of fairness and objectivity, and shall not raise or lower the project settlement price in violation of the project settlement pricing standard. Eighth construction project contracting activities with a construction area of more than 654.38 million square meters or a total project cost of more than 654.38 million yuan shall be carried out through bidding in the legally approved construction project trading center.

Decoration, steel structure, curtain wall and other professional construction projects with a cost of more than 300,000 yuan. , should be traded in the construction engineering trading center. After signing a written contract with a professional engineering contractor, the employer shall apply to the construction administrative department for a construction permit. Article 9 When a new project is awarded to a general contracting enterprise with corresponding qualifications, the employer shall not dismember and subcontract the main decoration and installation project.

Where an engineering general contracting enterprise subcontracts a professional project with the consent of the employer or in accordance with the construction contract, it shall sign a written subcontract with a professional project contractor with corresponding qualifications and file it with the construction administrative department.

The contracting enterprise shall not subcontract the project, and the subcontracting enterprise shall not subcontract the project again. Article 10 When the employer bids for the project construction, the capital availability rate of the project construction (excluding the land use right transfer fee) completed in the current year shall not be less than 50% of the total project budget, and the cross-year project shall not be less than 30% of the total project budget. The funds in place shall be certified by the bank and indicated in the tender documents. Proof of funds in place shall be filed with the bidding documents.

Before the project bidding, the employer shall pay the wage deposit in full to the bank account designated by the construction administrative department according to 2% of the total project cost, and the specific use and management of the wage deposit shall be implemented in accordance with the relevant provisions of the province. The employer shall not transfer the wage deposit to the construction enterprise. Article 11 If it is stipulated in the tender documents that a bidder needs to pay a bid bond or provide a guarantee, the bidder shall submit a bid bond or a bid guarantee of 1% to 2% of the total project budget to the Employer when participating in the project construction bidding, but the maximum amount shall not exceed 300,000 yuan. Article 12 The employer shall provide the contractor with a guarantee for the payment of project funds, and the contractor shall provide the employer with a guarantee for the performance of the contract. The specific guarantee amount shall be implemented according to the following standards:

(a) the total project cost is more than 50 million yuan, and the guarantee amount for project payment shall not be less than 6,543,800 yuan; The amount of performance guarantee is not less than 6,543,800 yuan;

(two) the total project cost is less than 50 million yuan, the project payment guarantee amount shall not be less than 20% of the contract price, and the performance guarantee amount shall not be less than 300 thousand yuan;

A project that fails to provide the project payment guarantee in accordance with the provisions of the preceding paragraph shall be deemed that the construction funds are not in place, and the construction administrative department shall not handle the construction permit procedures. Article 13 Within 10 days after the expiration of the project payment guarantee or the actual payment of the guarantee amount, the employer shall resubmit the project payment guarantee to the contractor; If the project payment guarantee is not submitted on schedule or the amount of the project payment guarantee submitted is lower than the amount specified in Article 12 of these Provisions, the contractor has the right to stop the construction. Article 14 If the contractor promises to provide advance capital construction funds, it shall stipulate in the construction contract that the employer shall provide advance capital construction funds guarantee to the contractor.

It is forbidden for government investment projects to be contracted or funded by contractors. Fifteenth construction projects to implement high quality and good price, the construction contract of construction projects can be agreed to increase the project price. Sixteenth construction projects shall be priced by bill of quantities. The bidding and contracting of large and medium-sized construction projects that mainly use state-owned funds or state-owned funds shall be based on the bill of quantities of construction projects.