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The Measures for the Management of Project General Contracting were officially released and will come into force on March 1, 2020!

Source: Ministry of Housing 时间:2020-01-06 09:30 Number of readings:

      Provincial and autonomous region Housing and Urban-Rural construction Department, Development and Reform Commission, Municipal Housing and Urban-Rural Construction (management) Commission, Development and Reform Commission, Beijing Municipal Planning and Natural Resources Commission, Xinjiang Production and Construction Corps Housing and Urban-Rural Construction Bureau, Development and Reform Commission, separately planned city Housing and Urban-Rural Construction Bureau, Development and Reform Commission:

      In order to implement the "Several Opinions of the CPC Central Committee and The State Council on Further Strengthening the Administration of Urban Planning and Construction" and the "Opinions of The General Office of the State Council on Promoting the Sustainable and Healthy Development of the Construction Industry" (Guo Changfa (2017) No. 19),The Ministry of Housing and Urban-Rural Development and the National Development and Reform Commission formulated the Measures for the Administration of General Contracting of Housing Construction and Municipal Infrastructure Projects。It is hereby printed and distributed to you, and please implement it conscientiously in light of the actual situation in this region。

Ministry of Housing and Urban-Rural Development, People's Republic of China
National Development and Reform Commission, PRC

December 23, 2019

(This is voluntarily disclosed)

Measures for the Administration of general contracting of housing construction and municipal infrastructure projects

Chapter I General provisions

Article one  These Measures are formulated in accordance with relevant laws and regulations in order to regulate the general contracting activities of housing construction and municipal infrastructure projects and improve the quality and efficiency of project construction。

Article 2  These Measures shall apply to the general contracting activities of housing construction and municipal infrastructure projects and the supervision and administration of the general contracting activities of housing construction and municipal infrastructure projects。

Article 3  The term "project general contracting" as mentioned in these Measures refers to the project construction organization and implementation method in which the contractor performs general contracting for the project design, procurement, construction or design and construction stages in accordance with the contract signed with the construction unit, and is fully responsible for the quality, safety, duration and cost of the project。

Article 4  General contracting activities shall follow the principles of legality, fairness, honesty and trustworthiness, reasonably share risks, ensure project quality and safety, save energy, protect the ecological environment, and shall not harm the social public interests and the legitimate rights and interests of others。

Article 5  The competent department of housing and urban and rural construction under The State Council shall exercise supervision and administration over the general contracting activities of housing construction and municipal infrastructure projects throughout the country。The development and reform department of The State Council shall perform corresponding administrative duties in accordance with the relevant laws and regulations on the management of fixed assets investment and construction。

The competent departments of housing and urban and rural construction of the local people's governments at or above the county level shall be responsible for the supervision and administration of the general contracting of housing construction and municipal infrastructure projects (hereinafter referred to as general contracting of projects) within their respective administrative areas。The development and reform departments of the local people's governments at or above the county level shall, in accordance with the relevant laws and regulations on the management of fixed assets investment and construction, perform corresponding administrative duties within their respective administrative areas。

Chapter II The contracting and contracting of the general contracting project

Article 6  The construction unit shall, according to the situation of the project and its own management ability, reasonably choose the way of organizing and implementing the project construction。

It is suitable to adopt the general contracting method for projects with clear construction contents and mature technical schemes。

Article 7  The construction unit shall complete the project approval, approval or filing procedures before the contract is awarded。An enterprise investment project that adopts the general contracting method shall be contracted out after approval or filing。The government investment project which adopts the general contracting method shall, in principle, contract out the general contracting project after the preliminary design approval is completed;Among them, in accordance with the relevant provisions of the State to simplify the approval of documents and approval procedures of government investment projects, should be completed after the completion of the corresponding investment decision approval of the project general contracting projects。

Article VIII  The construction unit selects the general contractor of the project by means of bidding or direct contracting according to law。

In the design, procurement or construction within the scope of the general contract project, if any item belongs to the scope of the project that must be subject to tender according to law and reaches the scale standard prescribed by the State, the general contractor shall be selected by way of bidding。

The ninth article  The construction unit shall, according to the characteristics and needs of the project to be tendered, prepare the bidding documents for the general contract project, which mainly include the following contents:

(1) Instructions to bidders;

(2) bid evaluation methods and criteria;
(3) the main terms of the contract to be concluded;

(4) Requirements of the owner, specifying the objectives, scope, design and other technical standards of the project, including clear requirements on the content, scope, scale, standards, functions, quality, safety, energy conservation, ecological environmental protection, construction period and acceptance of the project;

(5) Materials and conditions provided by the construction unit, including hydrogeology, engineering geology, topography and other survey data completed before the contract is awarded, as well as feasibility study reports, scheme design documents or preliminary design documents;

(6) Format of bidding documents;

(7) Other materials required to be submitted by the bidder。

The construction unit may put forward the requirements for performance guarantee in the bidding documents, and require the bidding documents to specify the content of the proposed subcontracting according to law;Where there is a maximum bid limit, it shall specify the maximum bid limit or the calculation method of the maximum bid limit。

It is recommended to use the model text of the project general contract formulated by the Ministry of Housing and Urban-Rural Development in conjunction with relevant departments。

Article ten  The general contractor of the project shall have both the engineering design and construction qualifications appropriate to the scale of the project, or a consortium of design and construction units with corresponding qualifications shall be formed。The project general contractor shall have the corresponding project management system and project management capabilities, financial and risk bearing capabilities, as well as similar to the contracted project design, construction or general contracting performance。

If the design unit and the 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 members of the consortium shall be clearly defined in the consortium agreement。The parties to the consortium shall jointly sign a general contract with the construction unit and bear joint liability for the general contract project。

Article 11  The general contracting unit shall not be the construction agent, project management unit, supervision unit, cost consulting unit or bidding agent of the general contracting project。

The project proposal, feasibility study report, preliminary design document preparation unit and its evaluation unit of a government investment project shall generally not become the general contractor of the project。Where the tenderer of a government-invested project discloses the completed project proposal, feasibility study report and preliminary design document, the above units may participate in the bidding of the general contracting project, and become the general contracting unit after bid evaluation and evaluation according to law。

Article 12  Design units are encouraged to apply for construction qualifications, and units that have obtained comprehensive engineering design qualifications, industry Class A qualifications, and construction engineering professional Class A qualifications can directly apply for the corresponding category of construction general contracting Class A qualifications。Construction units are encouraged to apply for engineering design qualification, and units with Grade I and above construction general contracting qualification can directly apply for the corresponding class A engineering design qualification。The performance of the general contracting of the project of the corresponding scale can be declared as the design and construction performance。

Article 13  The construction unit shall, in accordance with law, determine the reasonable time required by the bidder to prepare the bidding documents for the general contract project。

Article 14  The bid evaluation committee shall, in accordance with the provisions of the law and the characteristics of the project, be composed of representatives of the construction unit, experts with experience in the management of general contracting projects, and experts engaged in design, construction, cost, etc。

Article 15  Construction units and general contractors shall strengthen risk management and reasonably share risks。

The risks undertaken by the construction unit mainly include:

(1) The price of major engineering materials, equipment and labor, compared with the base price at the time of bidding, fluctuates more than the range agreed in the contract;
(2) Changes in the contract price caused by changes in national laws, regulations and policies;
(3) Changes in project costs and duration caused by unforeseeable geological conditions;
(4) Changes in project costs and duration caused by the construction unit;
(5) Changes in project costs and duration caused by force majeure。
The specific content of risk sharing shall be agreed upon by both parties in the contract。
Construction units and general contractors are encouraged to use insurance to enhance their ability to prevent risks。

Article 16  The general contract of enterprise investment project should adopt the total price contract, and the general contract of government investment project should determine the contract price form reasonably。Where a lump-sum contract is adopted, the lump-sum contract price is generally not adjusted, except in cases where it is agreed upon in the contract to be adjusted。

The construction unit and the general contractor of the project may agree on the measurement rules and valuation methods for the general contract of the project in the contract。

For projects that are subject to tender according to law, the contract price shall be reasonably determined on the basis of full competition。

Chapter III Implementation of the general contracting project

Article 17  According to its own resources and capabilities, the construction unit may manage the general contracted project by itself, or it may entrust the survey and design unit, the construction agent and other project management units with corresponding rights to manage the general contracted project in accordance with the contract。

Article 18  The general contracting unit shall establish an organizational structure and management system suitable for the general contracting of the project, and form a comprehensive management capacity for the general contracting of the project, such as project design, procurement, construction, trial operation management, quality, safety, duration, cost, energy conservation and ecological environmental protection management。

Article 19  The general contracting unit shall set up a project management organization, set up a project manager, and assign corresponding management personnel to strengthen the coordination of design, procurement and construction, improve and optimize the design, improve the construction plan, and realize the effective management and control of the general contracting project。

Article 20  The general contracting project manager shall meet the following conditions:

(1) obtain the corresponding engineering construction registration qualification, including registered architect, survey and design registered engineer, registered construction engineer or registered supervision engineer;Those who have not registered for practice shall obtain senior professional and technical titles;

(2) Have served as the general contracting project manager, design project leader, construction project leader or the chief supervision engineer of the project similar to the proposed project;

(3) Familiar with engineering technology and general contracting project management knowledge as well as relevant laws, regulations, standards and norms;

(4) Have strong organization and coordination ability and good professional ethics。

The general contracting project manager shall not serve as the general contracting project manager or the construction project leader for two or more projects at the same time。

Article 21  The general contractor of the project may subcontract by direct contracting。However, when subcontracting projects, goods and services in the form of provisional valuation is included in the scope of the general contract, it belongs to the scope of the project that must be subject to tender according to law and meets the scale standard prescribed by the State, it shall be subject to tender according to law。

Article 22  The construction unit shall not force the general contractor to bid at a price lower than the cost, shall not express or imply that the general contractor violates the mandatory standards for construction and reduces the quality of the construction project, and shall not express or imply that the general contractor uses unqualified building materials, building components and equipment。

The general contractor shall be responsible for the quality of all the construction projects contracted by it, and the subcontractor shall be responsible for the quality of the subcontracted projects. Subcontracting shall not exempt the general contractor from the quality responsibility for all the construction projects contracted by it。

The general contracting unit and the general contracting project manager shall bear the lifelong responsibility for quality according to law。

Article 23  The construction unit shall not put forward requirements to the general contractor of the project that do not meet the provisions of the laws, regulations and mandatory standards of construction project safety production,The general contractor shall not explicitly or implicitly purchase, lease or use safety protection appliances, machinery and equipment, construction machinery and accessories, fire control facilities and equipment that do not meet the safety construction requirements。

The general contractor of the project shall be responsible for the safety of the project within the scope of the contract。The subcontractor shall obey the management of production safety of the general contractor of the project. If the subcontractor fails to obey the management and causes a production safety accident, the subcontractor shall bear the main responsibility, and the subcontractor shall not exempt the general contractor from the safety responsibility。

Article 24  A construction unit may not set an unreasonable time limit or arbitrarily reduce the reasonable time limit。

The general contractor of the project shall be fully responsible for the duration of the project according to the contract, control and manage the overall project progress and the progress of each stage, and ensure the timely completion of the project。

Article 25  The project warranty shall be signed by the construction unit and the general contractor of the project. During the warranty period, the general contractor shall bear the warranty responsibility in accordance with the provisions of laws and regulations and the contract, and the general contractor shall not refuse to perform the warranty responsibility because of the division of warranty responsibility between it and the subcontractor。

Article 26  The construction unit and the general contractor of the project shall strengthen the management of design, construction and other links to ensure that the construction site, construction scale and construction content conform to the approval and approval of the projectFiling requirements。

The funds required for government investment projects shall be ensured in accordance with the relevant provisions of the State, and shall not be financed by the general contractor or subcontractor of the project。In principle, the investment in the construction of government investment projects shall not exceed the approved investment estimates。

Article 27  If the general contractor and the general contractor project manager commit illegal acts such as subcontracting or subcontracting in the design and construction activities or cause project quality and safety accidents, the design and construction unit and the project leader shall be held responsible for the same illegal acts in accordance with laws and regulations。

Chapter IV Supplementary Provisions

Article 28  These Measures shall come into force as of March 1, 2020。


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