Chapter I General Provisions

Article 1 In order to standardize the general contracting activities of housing construction and municipal infrastructure projects in our region, to promote the depth of the integration of the various stages of engineering design, procurement, construction, etc., and to improve the level of general contracting projects in our region and investment efficiency. Investment efficiency, according to the "Bidding Law of the People's Republic of China" "on the issuance of housing construction and municipal infrastructure project engineering general contracting management methods notice" (Jianshi regulation [2019] No. 12), "jiangxi provincial government investment management methods" (jiangxi provincial people's government decree No. 251), "nanchang people's government in 2021, 14th mayor's office meeting minutes," and other documents, combining The actual situation in our region, the development of this approach.

Second Nanchang High-tech Zone within the jurisdiction of the enterprises, institutions, social groups and high-tech zone management committee departments, towns (offices), management committee under the platform of the company using the general contracting approach to organize the construction of the law must be bidding for the construction of housing buildings and municipal infrastructure projects are applicable to this approach.

Article 3 The government investment projects referred to in these measures, refers to the use of financial arrangements within the jurisdiction of the Nanchang High-tech Zone, the funds for the construction of fixed asset investment activities, including new construction, expansion, alteration, technological transformation. Enterprise investment projects, refers to the high-tech zone under the jurisdiction of the use of self-financing enterprises for fixed asset investment and construction activities, including new construction, expansion, reconstruction, technological transformation.

Article 4 The general contracting of the project referred to in these measures refers to the general contracting unit (hereinafter referred to as the general contracting unit) engaged in general contracting of the project in accordance with the contract signed with the project owner, the design of the project, procurement, construction, etc., the implementation of the whole process of contracting, and for the quality of the project, safety, progress and cost of the full responsibility of the contracting mode. Contracting mode.

Article 5 The general contracting activities shall follow the principles of lawfulness, efficiency, fairness, honesty and trustworthiness, reasonable sharing of risks, to ensure the progress, quality and safety of the project, to protect the ecological environment, and shall not jeopardize the social and public interests and the legitimate rights and interests of others.

Article VI by the Nanchang High-tech Zone construction industry authorities in accordance with their responsibilities and powers, is responsible for the supervision and management of general contracting activities in the administrative region.

Chapter 2: Contracting and Contracting for General Engineering Contracts

Article 7 The project owner shall, according to the project situation and its own management ability, reasonably choose the way of engineering construction organization and implementation. Construction content is clear, the technical program of the project is mature, it is appropriate to use general engineering contracting.

Government investment projects, the competent project department to determine the specific project type to meet the requirements of the "construction content is clear, the technical program is mature". Under the premise of meeting the structural safety and functionality of the project, the project authority will complete the main construction equipment and material consumption control document (hereinafter referred to as the material consumption control document), and report to the District Management Committee to determine.

Construction projects are implemented by means of general engineering contracting, which is determined in the following manner:

(a) For government investment projects, the project owner shall report to the District Management Committee for approval.

(ii) Assembly building projects, in accordance with the relevant provisions of the Opinions of the General Office of the State Council on Promoting the Continuous and Healthy Development of the Construction Industry (Guobanfa [2017] No. 19), and the Opinions of the Nanchang Municipal People's Government on the Implementation of Advancing the Development of Assembly Buildings (Hongfufa [2017] No. 66), shall actively Adoption of general engineering contracting.

(3) Other special projects, in accordance with the principle of "one issue at a time", the project owner will report to the District Management Committee for approval before reporting to the municipal government for approval.

(d) Enterprise investment projects, the project owner reported to the district construction industry authorities for approval.

Article VIII The project owner shall complete the project approval, approval or filing procedures before awarding the contract. Enterprise investment projects should be approved or filed after the general contracting project contracting. Government investment projects should be completed after the preliminary design approval before the general contracting project contracting.

The use of general contracting construction projects, should have the following conditions:

(a) in accordance with the relevant provisions of the state, provincial and municipal projects have been completed for approval, approval or filing procedures.

(b) Government investment projects have completed the preliminary design and budget estimates approval procedures.

(c) the source of construction funds have been put in place, and issued a certificate of availability of funds. One of the construction period of less than one year, in principle, the funds in place shall not be less than 50% of the contract price of the project; construction period of more than one year, in principle, the funds in place shall not be less than 30% of the contract price of the project.

(D) to meet the laws, regulations and other relevant provisions.

Article IX of the general contracting method of construction projects should be the following "four clear":

(a) the construction scale is clear: such as Housing construction project clear above ground floor area, underground floor area, floor area ratio, floor height, household type and number of households, the size and proportion of openings, the number or proportion of parking spaces, etc.; municipal engineering clear road width, river width, sewage treatment capacity, etc..

(ii) construction standards are clear: for example, building construction projects clear types of decorative surfaces material types, specifications and brand grade, installation projects clear main parameters of the equipment, indicators and brand grade, as well as outdoor works, gardening standards; municipal engineering clear structural layer, the construction of the surface layer, material, thickness and so on.

(3) the work content is clear: design, procurement, construction and other work content, division of labor and responsibility.

(4) The technical route is clear: technical standards, process route, industrialized construction methods, assembly technology and BIM technology.

Article 10 The project owner shall, in accordance with the law, use bidding or direct contracting and other ways to select the general contracting unit.

The general contracting project scope of the design, procurement or construction, any one of which is required by law to tender the scope of the project and to meet the national scale standards, should be used in the way of bidding for the selection of general contractors.

Article XI of the general contracting project using the bidding method of contracting, bidding in accordance with the following process:

(a) the project owner shall be in accordance with the characteristics of the bidding project and the needs of the bidding agent commissioned to prepare the bidding documents, mainly including the following:

(i) the project owner shall, according to the characteristics of the bidding project and the need for bidding agent. Mainly include the following:

1. Instructions to bidders;

2. Evaluation methods and standards;

3. To be signed the main terms of the contract;

3. Terms and conditions;

4. Requirements of the project owner, setting out the objectives, scope, design and other technical standards of the project, including clear requirements for the content, scope, scale, standards, functions, quality, safety, energy conservation, ecological and environmental protection, duration, acceptance, etc.;

5. information and conditions provided by the project owner, including hydrogeology, engineering geology, topography and other survey data completed before the contract is awarded, as well as feasibility study reports, program design documents or preliminary design documents;

6. bidding document format;

7. Other materials required to be submitted by the bidder.

(b) enterprise investment projects, the project owner commissioned by the cost consulting unit based on the preliminary design documents, with reference to similar projects in the past to prepare a simulated bill of quantities and the project's comprehensive unit price of the bidding control price, or to the approved preliminary design estimate as the total project price of the bidding control price.

Government investment projects, the project owner commissioned by the cost consulting unit based on the preliminary design documents and project authorities to confirm the amount of materials used to control the document, with reference to similar projects in the past to prepare a simulated bill of quantities reported to the district finance department for review; to the District Finance Department to verify the simulated bill of quantities summarized to form the bidding control price, and issue a budget report. And issue a budget report, the results of the report as the basis for the project bidding control price.

(c) by the project owner in the "Jiangxi Housing and Construction Cloud Platform" to declare the project for approval, while the project bidding notice, qualification documents, bidding documents, and other related materials reported to the competent authorities of the district construction industry for the record, in the "Jiangxi Public Resources Trading Network". "Jiangxi public resources trading network" issued transaction information, and the organization of bid opening, bid evaluation activities. One of the main provisions of the bidding documents of government investment projects shall be reported to the District Management Committee of the investment and construction project bidding leading group meeting review, consideration and approval and then reported to the district construction industry authorities for the record and bidding activities.

(4) According to the Notice on Credit Information Evaluation of Building Construction Enterprises (Gan Jian Zi [2020] No. 4), project owners can apply the results of the credit evaluation of the construction market in the bidding and tendering activities for general contracting projects of housing construction and municipal utility projects.

(e) After the bidding activities and the end of the publicity period of the winning candidate without objection, the project owner will finalize the bid and issue the notice of award. One of the government investment projects shall be reported to the District Management Committee investment construction project bidding leading group to finalize the tender.

Article XII of the general contracting shall be the amount of the winning bid for the maximum price, the implementation of limit design and construction. The form of general contract may be a fixed lump-sum contract or fixed unit price contract, it is appropriate to use the fixed lump-sum contract.

(a) the use of fixed-price contract, the project owner in a clear construction scope, construction scale, construction standards and project lump sum bidding control price (of which, the government investment projects to the district finance department to validate the simulation of the bill of quantities of quantities of work summarized to form the lump sum as the project bidding control price). By participating in the bidding of the general contracting unit to prepare quotations for bidding, or in response to the project owner in the bidding documents agreed to the offer price, the scope of bidding for the project according to the winning price of the total price package.

(2) the use of fixed unit price contract, the project owner in the clear construction scope, construction scale and construction standards, with reference to similar projects to prepare the bidding simulation of the bill of quantities and the project comprehensive unit price bidding control price. The general contracting unit of the project participating in the bidding prepares quotations for bidding or responds to the offer price agreed by the project owner in the bidding documents, and the quantity of work is finally settled on a real basis. In the measurement of the project, if the list is found to be omitted, missing items and other issues, should refer to the contract has been applicable to the implementation of the comprehensive unit price, such as no applicable, refer to the current national standard quota implementation.

Which, the government investment project simulation of the bill of quantities of the comprehensive unit price, should be issued by the project owner of the written confirmation letter reported to the district finance department for review and approval of the consolidated unit price of the simulation of the bill of quantities of quantities of work after the summary of the formation of the bidding control price as an integral part of the bidding documents, and as the project pre-budgeting, final account audit basis; the total engineering Contracting unit to complete the corresponding amount of work in the construction drawings to the project authority to prepare the material usage control document for the upper limit.

Article XIII of the general contracting unit shall have both engineering design qualifications and construction qualifications appropriate to the scale of the project, or by the design unit with the appropriate qualifications and construction units to form a consortium. The general contractor shall have the appropriate project management system and project management capabilities, financial and risk-bearing capacity, as well as with the contracting project similar design, construction or general contracting performance.

Design units and construction units to form a consortium, should be based on the characteristics and complexity of the project, a reasonable determination of the lead unit, and in the consortium agreement to clarify the responsibilities and rights of the consortium members. The consortium parties should work together with the project owner to sign the general contracting contract, on the general contracting project to assume joint and several liability.

Article XIV of the general contracting unit shall not be the general contracting project on behalf of the construction unit, project management unit, supervision unit, cost consulting unit, bidding agent.

Project proposal, feasibility study report, preliminary design document preparation unit and its evaluation unit shall not become the general contracting unit of the government investment projects, only after the project owner public has completed the project proposal, feasibility study report, preliminary design documents, can participate in the general contracting project. Only after the project owner has made public the completed project proposal, feasibility report, preliminary design documents, can participate in the general contracting project bidding, bid evaluation and finalization in accordance with the law, to become a general contractor. align: left;">Article 15 The government investment projects shall be implemented in accordance with the construction location, construction scale, construction content and design plan approved by the project approval department, and shall not be changed without authorization.

One of the following circumstances require change, it should be reported to the original project approval department for re-approval in accordance with the prescribed procedures:

(a) to change the location of the construction.

(B) to adjust the construction scale of more than ten percent.

(C) to change the main construction content and technical standards.

(D) to make a major or a class of changes to the design program.

Other than the provisions of the preceding paragraph of the government investment projects, construction scale, construction content and design changes are needed, should be reported to the original project approval department to adjust the approval.

Where the change or adjustment of content leads to an increase in investment of 10 million yuan (inclusive) or more, the project owner shall report to the District Management Committee for approval.

A single project approval shall not be changed more than once.

The above proposed change in the project has been completed according to the original approval of the contents of the bidding activities, after the change, the original bidding subject matter, price, performance period and other content shall be changed accordingly. If the project owner and the successful bidder are unable to implement the terms and conditions stipulated in the original bidding documents, the project owner shall re-tender the project according to the changed content.

Article XVI of the government investment projects in one of the following circumstances, in principle, not re-approved or adjusted for approval:

(a) the project has been completed the basic construction.

(b) The project owner in the construction process without authorization to change the construction content, construction scale, construction standards.

(c) Other violations during the implementation of the project caused a significant social impact.

Article 17 The successful bidder shall, after receiving the notice of award, enter into a written contract with the project owner, in accordance with the Bidding and Tendering Law, the bidding documents, and the bidding documents of the successful bidder. Formation of management bodies appropriate to the project, the establishment of engineering safety and quality management system and occupational health and environmental management system covering the whole process of design, procurement, construction, etc.; standardize and carry out the work in an orderly manner, to ensure the realization of the contractual objectives of project quality, safety, progress and investment.

Article 18 In view of the special nature of the general contracting project, in order to reasonably control the construction cost of the project, the budget review of the construction drawings shall be carried out after the completion of the construction drawing review, and the amount of the budget shall not be more than the winning bid. Among them:

(a) enterprise investment projects, the project owner may require the general contracting unit to complete the construction drawings and drawings by the review of the construction drawings after the preparation of the construction drawings budget submitted to the project owner for review and approval, review and confirmation of the construction drawings budget as a reference for the payment of progress of the project.

(2) government investment projects, the general contractor to complete the construction drawings and drawings by the review within two months after the project owner to prepare the construction drawings budget reported to the district finance department for review and confirmation of the construction drawings budget as a reference basis for payment of progress of the project.

Article 19 The project owner shall strictly control the design changes and quantity visas. Because of the general contracting unit reasons for design changes, the project cost increase will not be adjusted upward, the project cost reduction will be adjusted downward; because of non-general contracting unit reasons for design changes and visas in accordance with the relevant system.

Including, due to design changes and visas caused by changes in the list of items, the price of the items are determined in the following manner:

(a) the contract has been applicable to the comprehensive unit price, according to the contract has been determined by the comprehensive unit price.

(b) The contract has a similar comprehensive unit price, refer to the similar comprehensive unit price to determine.

(c) The contract does not apply or similar comprehensive unit price, the general contractor to propose a comprehensive unit price, confirmed by the project owner. Among them, the government investment projects shall be implemented after confirmation by the district finance department.

Article 20 of the general engineering contracting project through the completion and acceptance, the project owner shall promptly carry out the completion of the settlement, the completion of the settlement in accordance with the contract and relevant laws and regulations. Among them:

(a) the general contracting project using a fixed lump-sum contract, in addition to the bidding documents or the general contracting contract agreed upon the principle of price adjustment, the contract price is generally not adjusted.

(2) the general contracting project using a fixed unit price contract, in addition to the bidding documents or the general contracting contract agreed in the principle of price adjustment, the comprehensive unit price is generally not adjusted.

Article 21 of the general contracting project is strictly prohibited subcontracting and illegal subcontracting. The general contracting unit shall strengthen the management of subcontracting, shall not subcontract the general contracting project, nor shall the general contracting project in the design and construction of all business together or separately subcontracted to other units.

Chapter IV Division of Duties

Article 22 The project owner shall provide original information related to the construction project to the general contractor, project supervision and other units, and ensure that the original information is true, accurate and complete.

Article 23 The general contractor shall, in accordance with the agreement of the general contracting contract for the general contracting works within the scope of the project design, construction quality, construction site safety and progress of the project is responsible for; subcontracting units shall be in accordance with the agreement of the subcontracting contract for the general contractor; the general contractor and subcontracting units for subcontracted works. The subcontracting unit of the subcontracting unit of joint and several liability for the subcontracted works.

Article 24 The general contracting unit shall be equipped with project managers, project designers, project technical managers and eight main project management personnel; subcontracting units shall be equipped with project management personnel in accordance with relevant regulations.

Article 25 The project leader of the general contracting project is responsible for the overall organization, coordination and implementation of the general contracting project design, procurement, construction and other engineering content, the general contracting project of the quality of the project, construction safety, project progress and project cost of the overall management of the project; subcontracting units of the project leader, the contract responsibility for the progress of the project within the scope of responsibility. The project manager of the subcontracting unit, the project progress, quality and construction safety within the scope of the contractual responsibility to assume joint and several management responsibility.

Article 26 The supervision unit shall be within the scope of the general contracting of the project investment, progress, quality and construction safety supervision and management, supervision unit shall be equipped with supervision of the work of the project supervision agency staff, and assume the corresponding supervision responsibilities. Project supervision body in the project implementation process found that the design, construction behavior in violation of laws and regulations, mandatory technical standards or contractual agreements, shall require the general contracting unit to be corrected; the general contracting unit refuses to make corrections, it should be promptly reported to the project owner and the relevant authorities.

Chapter V Supervision and Management

Article 27 Where general contracting is practiced for construction projects, the project owner and the general contractor shall strengthen the management of design, construction and other aspects of the project to ensure that the construction location, construction scale and construction content are in line with the requirements for project approval, authorization and filing.

In principle, the construction investment in government investment projects shall not exceed the approved investment estimates.

Article 28 Nanchang High-tech Zone construction industry authorities should strengthen the jurisdiction of the area under the supervision of the general contracting project in the supervision and inspection of the behavior of the participating units.

Article 29 The construction units shall strengthen industry self-discipline, consciously abide by industry conventions, promote fair competition, and guide the healthy development of the industry.

Article 30 of the general contracting activities, there are violations of the "Construction Law of the People's Republic of China," "Bidding Law of the People's Republic of China," "Regulations on the Management of Quality of Construction Projects," "Regulations on the Management of Safety in Construction Projects," and other laws and regulations, in accordance with the corresponding provisions of the general contracting unit and the relevant responsible personnel shall be punished according to law. shall be punished. Constitutes a crime, according to law to investigate its criminal responsibility.

Chapter 6 Supplement

Article 31 These Measures shall come into force on the date of issuance and shall be interpreted by the Urban and Rural Construction Bureau of Nanchang Hi-tech Zone Administrative Committee.