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The author:(作者)qqpublished in(发表于) 2014/6/20 8:50:03 Lianyungang teachers college dormitory without construction permits， construction of an extra 6 million
Our reporter Li Lin Yang Bofan
Did not pass the acceptance check, fire inspection, that it has not even obtain a construction permit, Jiangsu Province Lianyungang Teachers College (hereinafter "Lianyungang teachers college") of the 1-6 dormitory building but have been around for over 4 years, students ' anxiety about security.
On June 18, the newspaper published the Jiangsu Province Lianyungang Teachers College: tens of thousands of students lived in dormitories without acceptance for more than four years ' report, to expose the problems mentioned above. However, with more in-depth investigations, China Youth daily reporter found that schools with construction contract violation problems still exist, the school paid project cost 6.5352 million Yuan to more than constructor.
Record price of the contract has been finalized, why the actual payment process at a later stage, to give builders more money?
"This is likely to cause loss of State assets. "China said Liu jifeng, a professor at the University of politics and law," If these increased costs through a number of channels and flows to individual accounts, may also involve commercial bribery or bribery. ”
The audit found that the "contract of yin and Yang"
On June 17, the China Youth daily reporter through government information to the public, Lianyungang city Audit Bureau had access to a number of "even the audit report" 2014 "2nd" audit report. Time of issuance of the report was dated February 28, 2014, which is based in Lianyungang teachers college dormitory and odd project balance audit.
Report, the audit found, with construction of Lianyungang in Lianyungang teachers college mountain construction company, to comply with contract issues, the school paid project cost 6.5352 million Yuan to more than constructor.
Reporters saw in the report each of the two sides signed on May 9, 2008, April 14, 2008 construction contract (contract number: GF-1999-0201), and on June 27, 2008, and August 4, 2008 for a contract for the record (code: LYG20070600605, LYG20070600606). Two contracts for the record price of 57.2053 million dollars and 26.6406 million dollars respectively, totaling 83.8459 million Yuan.
But after signing the contract, prior to filing, the two sides on May 28, 2008, also signed two supplemental agreements as a complement to construction contracts.
Report notes that "supplementary agreement inconsistent with the substantive content of the original record contracts, contracts belonging to yin and Yang. ”
Reported that during the course of construction, founder of project cost in Jiangsu Province Lianyungang yonglong Consultants Ltd and two Office conducted an audit of the project, based on validated record contracts, amounting to 79.2222 million dollars, the results and accounting office audit found that the total error is unlikely. But under the supplementary agreement was approved with total value of 85.9074 million Yuan, representing a record contract authorized up to more than 6.6852 million Yuan.
46th of the bidding law of China stipulates that "the tenderer and the winning bidder may not conclude any other agreements deviating from the substantive content of the contract. ”
Meanwhile, the Supreme People's Court concerning the trial of cases of dispute over contracts on undertaking construction projects also requires the interpretation of the applicable law, "parties in respect of the same project to introduce a separate construction contract are inconsistent with the substance after filing the bid contract, the bid should be based on the record as a settlement in which the construction price is based. ”
Audit report noted that Lianyungang Teachers College in performance of the contract and payment, are performed is based on the supplementary agreement. As of October 30, 2013, the school pay Lianyungang mountain construction company construction amounted to 86.7574 million Yuan, book reservation deposit of 150,000 yuan.
This means, the school eventually multi-directional contractor paid project cost 6.5352 million Yuan.
On June 17, the Audit Bureau of Lianyungang city discipline inspection team leader Zhao Jie and Liu Ming, Deputy Director of the Office told the China Youth daily reporter, Auditors discovered the problem in March this year, Lianyungang relevant clues have been handed over to the Commission for discipline inspection.
Why pay more than 6 million dollars?
Why in Lianyungang teachers college record contract, signed two supplemental agreements with the contractor again? Also, why would the supplementary agreement on the basis of payments to more than constructor works more than 6 million dollars?
Wang Shan, Vice Minister of the propaganda Department in Lianyungang Teachers College, said those issues before the discipline Committee findings did not come out, no response. Wang Shan, for "inconvenient to say" grounds, refused to see the record-keeping requirements of the contract and the supplementary agreement.
Project construction party mountain construction company General Manager Wang Xuqian denied the yin and Yang of Lianyungang city contracts story. "Our is a supplement, not a small contract. "Wang Xuqian told China Youth daily reporter, then do that, is to give schools to save money, avoid some costs. But if it really validated under the record contract prices to pay for the project, are running at a loss for the contractor. "We absolutely will not do, is still working there at a loss? ”
Wang Xuqian told reporters, before bidding, the company and the administrators had to agree. "This project, we are wholly advances to construction. "Wang Xuqian said, the two sides agreed, after delivery of the project, schools pay 50% of the project, the remaining 50% are paid within two years.
Wang Xuqian said, because of engineering settlement problem and later project manager and the school bee, school doors were blocked.
Expert: Yin and Yang contracts undermine fair competition will result in the loss of State-owned assets
Liu jifeng, a professor at the University of politics and law, China believes that if a bidding project has to go through the relevant departments for the record, is a formal legal document. Later on the same content, establish a separate contract, no matter what the name, as long as content and filing a conflict, such documents are not legally binding.
Said Liu jifeng, the so-called supplementary Protocol, means the content is not clear in the implementation process needs to be further refined in a number of projects. But he pointed out that it must speak out in the tenders, "in General, the main terms of the contract which cannot be changed."
Liu jifeng, told reporters, in the solicitation documents, ambiguous content, in accordance with the provisions in the tendering and bidding law, can be clarified and explained. But the bidding rules for the implementation of provisions of the law, clarifications and explanations shall not change the substantive content of the bidding documents. "The basic conditions such as price, performance, basic specifications for products, services, and so on. "Liu jifeng said.
Professor and Deputy Dean of the law school of Chongqing University, Qin Peng believes that in relation to the same construction project, signed two or more projects, such as price, quality, and engineering the term substantive content is not consistent with the contract, contrary to the tendering and bidding law is seriously jamming the order of construction market of acts of unfair competition.
"This type of behavior is very harmful. "Said Liu jifeng, first is crowding out competitors for competitors on fair trading opportunities denied. In addition, if you change the item eventually increased the expenditures of the institution or country, can also cause the loss of State-owned assets.
Today, Lianyungang City Commission for discipline inspection Su Shijun said in an interview with the China Youth daily, end of March, the clue of the discipline Committee receives the Audit Bureau, transferred, and to initiate an investigation. "Next, we'll find schools, contractors, Audit Bureau and other relevant departments to investigate, why is violative of the project contracts, overpaid. ”
Su Shijun said the Commission for discipline inspection will verify any irregularities on the one hand, on the other hand will be more focused on the process, the existence of individual participants in abusing his power, to line their pockets.
Staff writer, Jiangsu, Lianyungang June 19-
(Original title: how paying more than 6 million dollars project to where? ）
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