Two. Ten.
1. Determination and adjustment of the contract price.
1) The items that should be adjusted to the contract price and the adjustment procedures.
1.Matters to be adjusted to the contract price:
2.Procedure for adjustment of contract price.
Within 14 days after the occurrence of the contract price increase, the contractor shall submit a report on the contract price increase to the employer and attach relevant materials;If the contractor fails to submit a report on the increase of the contract price within 14 days, it shall be deemed that the contractor has no request for price adjustment for this matter.
Within 14 days after the occurrence of the contract price reduction, the employer shall submit a report on the contract price reduction to the contractor and attach relevant materials;If the employer fails to submit a report on the reduction of the contract price within 14 days, it shall be deemed that the contractor has no request for price adjustment in respect of the matter.
2) Adjustment of the contract caused by changes in laws and regulations.
28 days before the deadline for bidding for bidding projects, and 28 days before the signing of the contract for non-bidding projects.
3) Adjustment of the contract caused by the inconsistency of the project characteristics.
The employer's description of the characteristics of the project in the bidding bill of quantities shall be deemed to be accurate and comprehensive, and shall be consistent with the actual construction requirements.
The contractor shall implement the project contract in accordance with the design drawings provided by the employer, and if the design drawings are inconsistent with the description of the characteristics of any item in the bidding bill of quantities during the performance of the contract, and the change causes an increase or decrease in the project cost of the project, the comprehensive unit price of the corresponding bill of quantities project shall be re-determined in accordance with the characteristics of the actual construction project and the provisions of the relevant provisions of the project change in the specification, and the contract price shall be adjusted.
4) Contract adjustment caused by the lack of items in the bill of quantities.
During the performance of the contract, due to the lack of items in the bidding bill of quantities, if a new sub-item bill of quantities item is added, the unit price shall be determined in accordance with the relevant provisions of the project change in the specification, and the contract price shall be adjusted.
If there is a change in the measure items after the new sub-item bill of quantities item is added, the contract price shall be adjusted after the implementation plan submitted by the contractor is approved by the employer in accordance with the relevant provisions of the project change in the specification.
Due to the lack of measures in the bidding bill of quantities, the contractor shall submit the implementation plan of the new measures to the employer for approval, and then adjust the contract price in accordance with the relevant provisions of the specification.
5) Contract adjustment caused by quantity deviation.
During the performance of the contract, when there is a deviation between the actual quantity to be calculated and the bill of quantities of the bidding, and the following two provisions are met, the contract price shall be adjusted.
For any bidding bill of quantities project, if the quantity deviation exceeds 15% due to engineering quantity deviation and engineering change, it can be adjusted. When the quantity of the project increases by more than 15%, the comprehensive unit price of the increased part of the quantity shall be reduced;When the quantity of work is reduced by more than 15%, the comprehensive unit price of the remaining part of the quantity after the reduction should be increased.
If there is a change of more than 15% in the quantity of the project, and the change causes a corresponding change in the relevant measure items, if the price is calculated according to the coefficient or a single total price, the cost of the measure project with the increase in the project quantity will be increased, and the cost of the measure project with the reduction of the project quantity will be reduced.
When there is a change in the item of the bill-of-quantities or the quantity of the project caused by the change of the project, it shall be adjusted in accordance with the following provisions:
1.If there is a price in the bill of quantities that is applicable to the change project, the unit price of the project shall be adopted;However, when the project change leads to a change in the number of projects in the list of items, when the quantity of the project increases by more than 15%, the comprehensive unit price of the increased part of the quantity shall be reducedWhen the quantity of work is reduced by more than 15%, the comprehensive unit price of the remaining part of the quantity after the reduction should be increased.
2.If there is no application in the list of quantities that has been priced, but there is a similar change project, the unit price of similar items can be referred to within a reasonable range.
3.If there is no application in the bill of quantities that has been marked and is not similar to the change of the project, the contractor shall propose the unit price of the change project according to the change project data, measurement rules and pricing methods, the ** information issued by the project cost management agency and the contractor's ** floating rate, and shall be adjusted after confirmation by the employer.
4.If there is no application in the bill of quantities that has been priced, and there is no similar change to the project, and the information released by the project cost management agency is short of price, the contractor shall propose to change the unit price of the project according to the change of project data, measurement rules, pricing methods and market research through market research, etc., and the contractor shall adjust it after confirmation.
If the deviation of the quantity of the project occurs that the comprehensive unit price of the contractor in the bill of quantities and the comprehensive unit price of the corresponding list item of the employer's bidding control price exceeds 15%, the comprehensive unit price of the quantity deviation project may be adjusted by both the employer and the contractor in accordance with the following provisions;
When P0 P1 (1-L) (1-15%), adjust by P1 (1-L) (1-15%).
When p0 p1 (1+15%), press p1 (1+15%) to adjust.
When p0 p1 (1-l) (1-15%) or p0 p1 (1+15%) can be left unadjusted.
6) Adjustment of the contract caused by the change in the number of daily workers.
In the course of the implementation of any change in the valuation of daily labor, the contractor shall submit a statement and relevant vouchers for review in accordance with the contract.
When any daily work project is continued, the contractor shall submit to the employer the on-site visa report with a summary of the daily work records in triplicate within 24 hours after the completion of the work. The employer shall confirm and return one copy to the contractor within 2 days after receiving the on-site visa report submitted by the contractor as the basis for the valuation and payment of daily labor. If the employer fails to confirm or propose amendments within the time limit, it shall be deemed to have approved.
7) Adjustments caused by market fluctuations.
1) Determine the ** provisions that should be adjusted during the performance period of the contract.
During the performance of the contract, the contract price shall be calculated and adjusted according to the method agreed in the contract when the contract price is affected by the fluctuation of labor, materials, engineering equipment, and machinery. If there is no agreement, the unit price of materials and engineering equipment will change by more than 5%, and the excess part shall be calculated and adjusted according to the index adjustment method or the cost information difference adjustment method.
2) The contract price adjustment method includes the cost index adjustment method and the cost information difference adjustment method.
1) Adjust using the **index**.
If the current ** index is not available when calculating the adjustment difference, the previous ** index can be used temporarily to calculate, and the actual ** index will be adjusted in the subsequent payment;
If the weight in the original contract is unreasonable due to the change of the agreement, the contractor and the employer shall make adjustments after negotiation;
If the construction is not completed within the agreed construction period due to the contractor's reasons, the lower of the two indices of the original agreed completion date and the actual completion date shall be used as the current ** index when using the ** adjustment formula for the project that continues to be constructed after the original agreed completion date.
2) Use cost information to make ** adjustments.
During the performance of the contract, when the contract is affected by the fluctuation of labor, materials, engineering equipment and machinery, the labor and machinery usage fees shall be issued in accordance with the labor issued by the national or provincial, autonomous region, or municipal construction administrative departments, industry construction management departments or their authorized engineering cost management agencies. Machinery royalty coefficient is adjusted;
8) Adjustment of the contract caused by the change of provisional valuation.
If the materials and engineering equipment given by the employer in the bidding bill of quantities are subject to bidding in accordance with the law, the employer and the contractor shall select the first supplier by bidding, determine the first supplier, and replace the provisional valuation and adjust the contract price on this basisIf the materials and engineering equipment given by the employer in the bidding bill of quantities do not belong to the bidding requirements in accordance with the law, the contractor shall purchase them in accordance with the contract, and after confirmation by the employer, replace the provisional valuation and adjust the project price.
After the unit price of the provisional estimated materials or engineering equipment is determined, it should only replace the original provisional unit price in the comprehensive unit price, and should not involve changes in other expenses such as enterprise management fees or profits in the comprehensive unit price.
9) Adjustment of the contract caused by force majeure.
If the work resumes after the force majeure is lifted, if the project cannot be completed on time, the construction period shall be reasonably extended. If the employer requests to rush work, the cost of rushing work shall be borne by the employer.
10) Contract adjustment caused by early completion (rush compensation).
When the project is awarded, the tenderer shall reasonably calculate the construction period according to the construction period quota of the relevant project, and the number of days of the compressed construction period shall not exceed 20% of the fixed construction period, which shall be quantified. Those who exceed the bidding documents should clearly indicate the increase in the cost of rushing work.
The employer and the contractor shall agree in the contract on the amount of compensation to be paid for each calendar day of completion before completion, and this cost shall be included in the completion settlement document as an increase in the contract price, and shall be paid together with the settlement amount.
The cost of rushing work mainly includes: the increase of labor costs, such as the remuneration of new labor input, subsidies for uneconomical use of labor, etc.;Increase in material costs Increase in machinery costs.
11) Adjustment of the contract caused by the change of the provisional amount.
The provisional amount of the contracted contract price shall be controlled and used by the employer. After the employer pays in accordance with the contract, if there is any surplus, the balance of the provisional amount shall belong to the employer.