Water Construction (2023) No. 156:
Notice of the Ministry of Water Resources on issuing the "Regulations on the Management of Water Conservancy Project Cost"
2023-05-30 16:20
River basin management agencies, water conservancy (Water conservancy) departments (bureaux) of provinces, autonomous regions and municipalities directly under the Central Government, Water Conservancy Bureau of Xinjiang Production and Construction Corps, all relevant units:
The "Water Conservancy Project cost Management Regulations" has been reviewed and approved by the ministerial meeting, and is now issued to you, please follow it carefully.
Ministry of Water Resources
May 19, 2023
Water conservancy project cost management provisions
Chapter I General provisions
Article 1 These Provisions are formulated in accordance with the Construction Law of the People's Republic of China, the Law of the People's Republic of China on Tendering and Bidding, the Regulations on Government Investment and other relevant laws and regulations for the purpose of strengthening the management of the cost of water conservancy projects, standardizing the behavior of project cost, promoting the high-quality development of water conservancy projects construction, and safeguarding the public interests of the state and society.
Article 2 The term "cost of water conservancy project" as mentioned in these Provisions refers to all construction costs incurred during the period from project proposal to completion and acceptance of a water conservancy project.
The cost management activities of water conservancy projects that are invested in whole or in part with state-owned funds or financed by the State shall comply with these Provisions.
Article 3 The cost management of water conservancy projects shall follow the principles of preparation in accordance with regulations, reasonable determination, scientific management and effective control, so as to ensure the quality and safety of water conservancy projects and help improve the investment efficiency.
Article 4 The Ministry of Water Resources shall be responsible for the supervision and administration of the cost of water conservancy projects throughout the country.
The river basin management agency under the Ministry of Water Resources (hereinafter referred to as the river basin management agency) shall be responsible for the supervision and administration of the cost of water conservancy projects within its jurisdiction in accordance with the authorization of the Ministry of Water Resources.
The department of water administration of the local people's government at or above the county level shall, within the scope of its functions and responsibilities, be responsible for the supervision and administration of the cost of water conservancy projects in its administrative area.
Article 5 The relevant units of water conservancy project cost management shall actively apply information technology to improve the level and efficiency of water conservancy project cost management.
Chapter II Valuation basis
Article 6 The basis for valuation of the cost of water conservancy projects refers to the compilation regulations, quotas, price information and other relevant pricing documents and standards on which the cost documents of water conservancy projects at various stages are based.
Article 7 The basis for pricing the cost of water conservancy projects shall conform to the relevant policies and technical standards.
The pricing basis of water conservancy project cost should be dynamically managed, adapt to economic and social development and engineering technology level, ensure economic rationality, and promote the promotion and application of scientific and technological achievements in the field of water conservancy project construction.
Article 8 The Ministry of Water Resources shall be responsible for the formulation of regulations on the construction cost of water conservancy projects.
The water administrative department of the people's government at the provincial level may, in accordance with the provisions on the construction cost of the water conservancy project industry, formulate the provisions on the construction cost of the local water conservancy project in light of the actual situation, and report to the Ministry of Water Resources for the record.
Article 9 The Ministry of Water Resources shall be responsible for setting industry quotas for water conservancy projects.
The river basin management institution and the water administrative department of the people's government at the provincial level may organize and formulate supplementary quotas in light of the actual situation, and report to the Ministry of Water Resources for the record.
Article 10 The water administrative department of the provincial people's government shall strengthen the management of water conservancy project cost information, and promote the collection of water conservancy project cost data and the release of price information.
Article 11 The valuation basis compilation work can give play to the professional and technical support role of enterprises and public institutions, scientific research institutions and community organizations through the purchase of technical services.
Article 12 The legal person, survey and design, construction, supervision, cost consulting and other units of water conservancy project construction shall strengthen the collection of basic data and cooperate with the preparation of valuation basis.
Article 13 A water conservancy project construction enterprise shall gradually establish an enterprise cost database and compile an enterprise quota that can reflect its own technical and management level for enterprise bid quotation and cost management.
The third chapter is the determination and control of cost
Article 14 Water conservancy projects shall implement cost management in stages according to the procedures of capital construction, pay attention to technical and economic comparison, reasonably determine the cost of each stage of the project, and realize the whole process of cost control.
Article 15 At the stage of proposals for water conservancy projects, investment estimates shall be prepared in accordance with the Regulations for the preparation of proposals for Water conservancy and hydropower projects, provisions on the preparation of costs, budget estimates, price information and other relevant provisions.
Article 16 At the stage of feasibility study report of water conservancy projects, investment estimates shall be prepared in accordance with the "Regulations for the preparation of feasibility study Report of Water Conservancy and hydropower Projects", provisions for the preparation of cost, budget estimates, price information and other relevant provisions.
Feasibility study report Investment estimates are controlled in accordance with the approved project proposal investment estimates.
Article 17 At the preliminary design stage of water conservancy projects, the design budget estimates shall be prepared in accordance with the Regulations for the preparation of Preliminary Design Reports of Water Conservancy and hydropower Projects, the provisions on the preparation of cost, the budget estimate quota, price information and other relevant provisions.
The design estimate shall be controlled in accordance with the investment estimate in the approved feasibility study report. If the design estimate proposed in the preliminary design exceeds 10% of the investment estimate in the approved feasibility study report, the competent project department shall report to the approval department of the feasibility study report, and submit the feasibility study report again as required by the approval department.
18th water conservancy project bidding has a maximum bid limit price or bid price, the maximum bid limit price or bid price shall be determined in accordance with relevant laws and regulations.
A tenderer may not force a bidder to bid at a price lower than the cost. Bidders shall not bid below cost.
Article 19 The contracting party and the contractor of a water conservancy project shall clearly agree on the contract price and payment method in the contract, and reasonably agree on the content and scope of the risk valuation. For water conservancy projects subject to bidding and tendering, the contract price and other major terms shall be consistent with the contents of the bidding documents and the tender documents of the successful bidder.
Article 20 During the construction of a project, the contracting party and the contractor shall settle the project price in accordance with the contract. If the contract is not agreed or the agreement is unclear, the contractor and the employer shall determine the settlement principle through consultation in accordance with relevant laws, regulations, rules, technical standards and pricing basis.
Article 21 After the completion of the contract project, the employer and the contractor shall settle the contract according to the method of pricing and price adjustment as agreed in the contract, the confirmed quantity of works, changes and the result of handling claims.
Article 22 The reserve funds included in the design budget estimates shall be used by the project legal person within the scope permitted by the provisions on cost preparation.
The use of reserve funds shall be applied for by the project legal person and submitted to the competent project department for examination and approval.
Article 23 In principle, the investment in water conservancy project construction shall not exceed the approved or approved design budget estimate.
If it is necessary to increase the design budget estimate due to the adjustment of national policies, price rise, major changes in geological conditions and engineering design during the construction period, the project legal person shall put forward the adjustment plan and the source of funds, organize the preparation and revision of the budget estimate, and submit it to the original preliminary design approval department for approval in accordance with the prescribed procedures, or submit it to the original preliminary design approval department for approval after examination and approval.
Article 24 Encourage qualified water conservancy projects to carry out "static control, dynamic management" project cost management mode.
Article 25 After the construction of a water conservancy project is completed, the project legal person shall prepare the final financial accounts for completion according to the approved design budget estimates and relevant provisions.
Article 26 Encourage the implementation of the whole process of water conservancy project cost consulting services, give full play to the role of consulting, design and other professional institutions and water conservancy cost engineers, to achieve the reasonable determination of water conservancy project cost and the whole process control.
The fourth chapter cost management responsibility
Article 27 The project legal person shall perform the following duties for the cost management of water conservancy projects:
(1) To implement the laws, regulations, rules, normative documents, technical standards and pricing basis of water conservancy project cost management;
(2) Establish a cost management system, clarify the cost personnel of water conservancy projects, strengthen cost management, and achieve investment control objectives;
(3) Organize the preparation, examination, approval or submission of relevant cost documents in accordance with provisions;
(4) Submit the relevant cost data as required by the water administrative department;
(5) Other duties to be performed in accordance with these provisions.
Article 28 The survey and design unit shall make a good technical and economic comparison of the design scheme, prepare the cost document according to the preparation procedures of the project proposal, feasibility study report, preliminary design and other stages, the relevant provisions on design changes, the basis of valuation, and be responsible for the cost document prepared by it.
Article 29 The construction unit shall, in accordance with the contract and according to the progress of the project construction, prepare project measurement and payment, change costs, price adjustment, completion settlement and other cost documents, and be responsible for the cost documents prepared by it.
Article 30 The supervision unit shall, in accordance with the contract, review the project measurement and payment, change costs, price adjustment, completion settlement and other cost documents, and be responsible for the cost documents signed by it.
Article 31 For water conservancy projects that adopt the construction organization mode such as general project contracting, the relevant units shall bear the corresponding cost management responsibilities in accordance with the contract.
Article 32 The cost consulting unit and other professional institutions engaged in the cost consulting business of water conservancy projects shall, in accordance with relevant laws, regulations, technical standards, valuation basis, contract documents and other consulting business, and be responsible for the consulting results.
33rd water conservancy project cost practitioners should have the corresponding professional and technical skills, abide by the law, honest practice, and be responsible for the cost of the business.
Water conservancy cost engineers shall register, practice and receive continuing education in accordance with relevant regulations. The water conservancy project cost document shall be signed by the water conservancy cost engineer in accordance with the provisions and affixed with the practicing seal.
Chapter V Supervision and inspection
Article 34 The departments of water administration and river basin management of the people's governments at or above the county level shall be responsible for the supervision and inspection of the cost of water conservancy projects within their jurisdiction.
Article 35 The main contents of supervision and inspection of water conservancy project cost include:
(A) to implement the relevant laws, regulations, rules, normative documents, technical standards and pricing basis of water conservancy project cost management;
(2) the establishment and implementation of the cost management system, and the cost personnel are clear;
(3) the preparation, examination, approval or reporting of relevant cost documents;
(4) the use of project construction funds;
(5) The registration, practice and acceptance of continuing education of water conservancy cost engineers in accordance with relevant regulations;
(6) Other relevant matters.
Article 36 When performing their duties of supervision and inspection, the departments of water administration and river basin management of the people's governments at or above the county level shall have the right to take the following measures according to law:
(1) require the units or individuals under inspection to provide relevant documents and materials, and make explanations;
(2) to order rectification of problems found in supervision and inspection.
Article 37 The departments of water administration and river basin management of the people's governments at or above the county level may provide technical support for the supervision and inspection of the cost of water conservancy projects by purchasing technical services.
Article 38 Any unit or individual shall have the right to report and accuse any illegal or irregular acts in the construction cost activities of water conservancy projects.
39th people's governments above the county level water administrative departments, river basin management institutions shall strengthen credit supervision, the cost of water conservancy projects related units and personnel to implement incentives and punishments for dishonesty.
Relevant units and individuals in the management of the cost of water conservancy projects in violation of laws and regulations, by the people's governments at or above the county level water administration departments, river basin management institutions to investigate and deal with; Those suspected of violating laws and crimes shall be transferred to judicial organs for handling.
Chapter VI Supplementary Provisions
Article 40 Where there are other relevant provisions on the cost management of highway, railway, electric power, water transport, housing, municipal and other professional engineering construction projects involved in the construction of water conservancy projects, such provisions shall prevail.
The special cost management of land expropriation compensation and resettlement for water conservancy projects shall be carried out in accordance with the relevant provisions of the State.
Article 41 These Provisions shall come into force as of the date of promulgation.
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