There are many knowledge points for the subject of the second-level construction engineer "Engineering Regulations", and today we will bring you the implementation regulations of the Bidding and Bidding Law, the fees charged for the sale of bidding documents, the quality responsibilities and obligations of the engineering supervision unit, the mandatory standard supervision and inspection content, the payment start time in the construction contract and other corresponding examination questions, and candidates preparing for the examination need to conduct relevant training in a timely manner.
1. [Multiple choice question] According to the Regulations for the Implementation of the Tendering and Bidding Law, the upper limit of the performance bond is ( ) of the amount of the winning contract
a.2%b.5%
c.10%d.20%
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Correct answer: c
Answer analysis: The "Regulations for the Implementation of the Bidding and Bidding Law" stipulates that the performance bond shall not exceed 10% of the amount of the winning contract. The winning bidder shall perform its obligations in accordance with the contract and complete the bid-winning project.
2. [Multiple choice question] Regarding the statement of labor dispute resolution method, the correct one is ( ).
a.In the event of a labor dispute between an employer and an employee, the employee may apply for mediation, arbitration, file a lawsuit in accordance with the law, or settle the dispute on his own.
b.In the event of a labor dispute between the employer and the employee, the employee shall first apply to the labor dispute mediation committee of the employer for mediation.
c.The enterprise labor dispute mediation committee is composed of employee representatives, employer representatives, trade union representatives, and labor administrative department representatives.
d.In the event of a labor dispute between the employer and the employee, it may apply to the arbitration commission at the place where the employee is domiciled for arbitration.
Correct Answer: a
Answer analysis: The Labor Law stipulates that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings. (1) Mediation: After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation. Within the employer, a labor dispute mediation committee may be established. The Labor Dispute Mediation Committee is composed of employee representatives, employer representatives and trade union representatives. The chairman of the labor dispute mediation committee shall be a representative of the trade union. If an agreement is reached through mediation in a labor dispute, the parties shall perform it. (2) Arbitration: If mediation fails and one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. The Labor Dispute Arbitration Commission is composed of representatives of the labor administrative department, representatives of the trade union at the same level, and representatives of the employer. The chairman of the labor dispute arbitration commission shall be a representative of the labor administrative department.
3. [Multiple choice question] According to the "Regulations on the Quality Management of Construction Projects", the statement about the quality responsibilities and obligations of the project supervision unit is correct ( ).
a.The supervision unit shall not have an interest in the design unit of the supervised project.
b.The supervision unit shall supervise the construction quality and assume supervision responsibility for the construction quality.
c.Without the signature of the supervising engineer, the building materials shall not be used in the project.
d.The construction drawing deepening document is the main basis for the supervision work.
Correct answer: B
Answer analysis: A is wrong, the "Construction Law" and the "Regulations on the Quality Management of Construction Projects" stipulate that the project supervision unit has a subordinate relationship or other interests with the construction contractor of the supervised project and the building materials, building accessories and equipment, and shall not undertake the supervision business of the construction project. C error, "construction project quality management regulations" stipulates that the project supervision unit should be selected with the corresponding qualifications of the chief engineer and supervision engineer stationed at the construction site. Without the signature of the supervising engineer, building materials, building accessories and equipment shall not be used or installed in the project, and the construction unit shall not carry out the construction of the next process. Without the signature of the chief engineer, the construction unit does not allocate the project money and does not carry out the completion acceptance. d. Error, the main basis for supervision is: (1) laws and regulations, such as the "Construction Law", "Regulations on the Quality Management of Construction Projects", etc.;(2) Relevant technical standards, such as the mandatory provisions of engineering construction standards and the recommended standards confirmed and adopted in the construction project contract;(3) Design documents, construction drawing design and other design documents are not only the basis for construction, but also the basis for the supervision unit to supervise and manage the construction activities;(4) In the construction project contract, the supervision unit shall supervise whether the construction unit fully fulfills its obligations under the contract.
4. [Multiple choice question] According to the "Provisions on the Supervision of the Implementation of Mandatory Standards for Engineering Construction", the following situations do not belong to the content of mandatory standard supervision and inspection
a.Whether the planning, survey, design and construction stages of the project meet the mandatory standards.
b.Whether the materials and equipment used in the project meet the mandatory standards.
c.Whether the project management personnel are familiar with the mandatory standards.
d.Whether the safety and quality of the project meet the mandatory standards.
Correct answer: c
Answer analysis: The content of the supervision and inspection of mandatory standards includes: (1) whether engineering and technical personnel are familiar with and master mandatory standards;(2) Whether the planning, survey, design, construction, and acceptance of the project comply with the provisions of the mandatory standards;(3) Whether the materials and equipment used in the project meet the provisions of the mandatory standards;(4) Whether the safety and quality of the project meet the provisions of the mandatory standards;(5) Whether the content of the guidelines, guidelines, manuals and computer software used in the project meets the provisions of the mandatory standards.
5. [Multiple choice questions] When the corresponding payment time agreement in the construction contract is unclear, the statement about the payment starting time is correct ( ).
a.If the project has been actually delivered, it shall be the date of delivery.
b.If the project is not delivered, it shall be the date of submission of the completion settlement documents.
c.If the project has been delivered and the construction enterprise claims the project payment, it shall be the date on which the claim is made.
d.If the project is not delivered, it shall be the date of submission of the completion acceptance report.
e.If the project is not delivered and the project price has not been settled, it shall be the date on which the party files a lawsuit.
Correct answers: a, b, e
Answer analysis: If the parties have not agreed on the payment time or the agreement is unclear, the following time shall be regarded as the payment time: (1) if the construction project has been actually delivered, it shall be the date of delivery;(2) If the construction project is not delivered, it shall be the date of submission of the completion settlement documents;(3) If the construction project is not delivered and the project price has not been settled, it shall be the date on which the parties file a lawsuit.
6. [Multiple choice question] The power of attorney for civil litigation issued by the construction enterprise to a lawyer only states that the authority is "full authority", and the lawyer has the right to ** in the following litigation-related acts
a.Waiver of Claim.
b.Settle with the other party at that time.
c.File an appeal.
d.Provide evidence.
Correct answer: d
Answer analysis: The Civil Procedure Law stipulates that "the litigant must have the special authorization of the client to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the client". In view of the situation that often occurs in practice that the power of attorney only writes "full power" without specific authorization, the Supreme People's Court also specifically stipulates that in this case, it cannot be determined that the litigant has obtained special authorization, that is, the litigant has no right to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the litigant.
7. [Multiple choice questions] Within the urban area of the city, if the use of machinery and equipment in the construction process may produce environmental noise pollution, the construction enterprise must declare the project to the local people's environmental protection administrative department at or above the county level where the project is located 15 days before the start of the project
a.The name of the project.
b.Site and duration of construction.
c.Causes of noise.
d.Ambient noise levels that may be generated.
e.Environmental noise pollution prevention and control measures taken.
Correct answers: a, b, d, e
Answer analysis: The "Law on the Prevention and Control of Environmental Noise Pollution" stipulates that within the urban area of the city, the use of machinery and equipment in the construction process may produce environmental noise pollution, the construction unit must be declared to the local people's environmental protection administrative department at or above the county level where the project is located 15 days before the start of the project, the project name, construction site and period, the environmental noise value that may be generated and the environmental noise pollution prevention and control measures taken.
8. [Multiple choice question] Among the following circumstances, the circumstances that belong to fraud and deception to win the bid are ( ).
a.Jointly raise the bid**.
b.Borrowing someone else's credentials.
c.Bribing bid evaluation experts to get high scores.
d.Winning the bid at a low price, ** claim.
Correct answer: B
Answer analysis: The "Regulations for the Implementation of the Tendering and Bidding Law" stipulates that if the bidder has one of the following circumstances, it belongs to the act of deception in other ways as stipulated in Article 33 of the "Tendering and Bidding Law": (1) the use of forged or altered licenses;(2) Providing false financial status or performance;(3) Provide false resumes and labor relations certificates of the project leader or main technical personnel;(4) Providing false credit profile;(5) Other fraudulent acts.
9. [Multiple choice question] The fee charged for the sale of bidding documents shall be limited to the cost of compensation ( ).
a.Preparation of tender documents.
b.Printing and mailing of bidding documents.
c.The tenderer's office.
d.Tendering activities.
Correct answer: B
Answer analysis: The fees charged by the tenderer for the sale of prequalification documents and bidding documents shall be limited to compensate for the cost of printing and mailing, and shall not be for profit.
10. [Multiple choice question] Regarding the statement about liuzhi, the correct one is ( ).
a.A lien is a creditor's right.
b.The creditor is not responsible for the custody of the lien.
c.The right of retention may be applied to construction contracts.
d.A lien arises on a statutory basis.
Correct answer: d
Answer analysis: Lien means that the creditor takes possession of the debtor's movable property in accordance with the contract, and if the debtor fails to perform the debt within the time limit agreed in the contract, the creditor has the right to retain the property in accordance with the law, and the property is discounted or the price of the property is auctioned or sold in priority. The lienholder has an obligation to keep the lien safe. Where the lien is lost or damaged due to improper storage, the lienholder shall bear civil liability.
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