Measures for the administration of general contracting of highway engineering design and construction

Chapter I General Provisions Article 1 In order to promote the integration of highway engineering design and construction, improve the quality of highway engineering design and construction, and promote modern engineering management, these Measures are formulated in accordance with relevant laws and administrative regulations. Article 2 These Measures shall apply to the general contracting of design and construction of new, rebuilt and expanded highway projects and independent bridges and tunnels (hereinafter referred to as highway projects).

The term "general contracting of design and construction" as mentioned in these Measures refers to the contracting method in which the survey and design of highway engineering construction drawings, engineering construction and other engineering contents are uniformly implemented by the general contractor. Article 3 The State encourages qualified highway projects to implement general contracting.

General contracting can be carried out as a whole and in stages, and can also be carried out by professionals such as transportation, electromechanical, housing construction and greening projects.

The project legal person can determine the general contracting scope according to the actual situation of the project. Fourth transportation departments at all levels shall be responsible for the supervision and management of highway engineering general contracting according to their duties.

The competent department of transportation shall supervise the implementation of laws, regulations, rules and mandatory standards by the parties concerned in the general contract of the project, and manage the preliminary design, construction drawing design and design changes. Conduct credit evaluation on the general contractor in accordance with relevant regulations. Chapter II Selection of General Contractor and Contract Requirements Article 5 The general contractor shall be determined by the project legal person through bidding according to law.

The project legal person is responsible for organizing the bidding for general contracting of highway projects.

The tender for general contracting of highway engineering shall be carried out after the approval of preliminary design documents and the implementation of construction funds. Article 6 A general contractor shall meet the following conditions:

(a) at the same time with the survey, design and construction qualifications suitable for the project subject to tender, or by the survey, design and construction units with corresponding qualifications to form a consortium;

(two) have the financial ability to adapt to the bidding project, and meet the requirements of survey and design, construction capacity, performance and so on. Stipulated in the tender documents;

(three) to bid by a consortium, the lead unit shall reasonably determine according to the characteristics and complexity of the project, and the responsibilities and rights of the consortium members shall be clearly defined in the consortium agreement;

(four) the general contracting unit (including the member units of the general contracting consortium, the same below) shall not be the preliminary design unit, the agent construction unit, the supervision unit or the subordinate units of the above-mentioned units. Article 7 The standard bidding documents uniformly formulated by the Ministry of Transport shall be used in the preparation of the bidding documents for general contracting of projects.

In the tender documents for general contracting, the tender content, bidder qualification, quotation composition, contract period, relevant requirements of subcontracting, technical requirements of survey, design and construction, quality grade, engineering repair requirements during the defect liability period, insurance requirements and payment methods shall be specified. Article 8 The tenderee for general project contracting shall provide the bidders with preliminary design documents and corresponding survey data, as well as relevant approval documents and preliminary consultation opinions of the project. Article 9 The tender documents for general contracting of projects shall be compiled in accordance with the requirements of the tender documents and in combination with the engineering geological conditions and technical characteristics. The tender documents shall include the following contents:

(a) preliminary design optimization suggestions;

(2) Project implementation, design and construction progress;

(3) Special projects to be subcontracted;

(four) the quotation list and description;

(five) according to the requirements of the tenderer to provide technical solutions for construction drawing design;

(six) to bid by a consortium, it shall also submit a consortium agreement;

(seven) the commitment to legally insure the relevant engineering insurance in the joint name of the project legal person and the general contractor. Article 10 A tenderer shall reasonably determine the preparation time of the tender documents, which shall not be less than 60 days from the date when the tender documents are put on sale to the deadline when bidders submit their tender documents.

The tenderer shall, according to the actual situation of the project, put forward the specific requirements for the bidder to provide the technical scheme of construction drawing design in the tender documents. If the tenderer clearly stipulates in the tender documents that the winning bidder has the right to use the technical scheme of the unsuccessful bidder, it shall generally clearly compensate the corresponding expenses. Eleventh the tenderer shall determine the bid evaluation method according to the engineering geological conditions, technical characteristics and construction difficulty.

The selection of bid evaluation experts shall comply with the provisions of relevant laws and regulations. The bid evaluation committee shall include experts in survey, design and construction, and the total number shall not be less than 9. Twelfth project legal person shall sign a general contract with the winning bidder. Article 13 The project legal person and the general contractor shall stipulate in the tender documents or contracts the reasonable sharing of general contracting risks. Risk sharing can be agreed with reference to the following factors:

The risks assumed by the project legal person generally include:

(a) the time limit for a project proposed by the project legal person, major or large design changes, adjustment of construction standards or project scale;

(two) changes in taxes and fees caused by the adjustment of national tax policies;

(three) the price of steel, cement, asphalt, fuel oil and other major engineering materials, compared with the pre-tender estimate, the fluctuation range exceeds the scope agreed in the contract;

(4) Major geological changes, such as landslides, mudslides, mud outburst, water gushing, caves, mined-out areas, toxic gases, etc. If it is difficult to foresee in the preliminary design stage during the construction drawing survey and design, it may be agreed that the project legal person shall bear the losses and handling expenses, or the project legal person and the general contractor shall share them in proportion. In case of major geological changes during the implementation of the project, in addition to compensation from the insurance company, the losses and handling expenses may be agreed to be borne by the general contractor, or the ratio of the project legal person to the general contractor may be agreed. For the above problems caused by improper construction organization and measures of the general contractor, the losses and treatment expenses shall be borne by the general contractor;

(five) the increase in engineering costs caused by other force majeure.

In addition to the risks borne by the project legal person, other risks may be agreed to be borne by the general contractor.