工程合同模糊综合评判

如何对合同的执行情况进行评估是工程实施管理的重要工作，为此首先研究了工程合同的特点，并有层次分析法（AHP）对工程合同进行了分析，提出了评价工程施工合同的模糊数学理论模型；然后给出了工程合同施工评判和工程合同分层评判的方法和实用模型，试图为工程合同评判提供一种科学适用的方法；最后通过对实际例子的分析，证明该模型具有现实意义。     

固定总价施工承包合同项目管理重点探析

文章依托贵阳至都匀高速公路工程,从设计、审核、技术准备、施工准备、施工控制、进度控制及成本控制等方面阐述了固定总价施工承包合同项目管理的重点内容,为今后类似模式的工程项目管理提供借鉴。     

Competitive tendering versus performance-based negotiation in Swiss public transport

The purpose of this study is to assess differences in the levels of cost efficiency of bus lines operated under competitively tendered contracts and performance-based negotiated contracts. Following the revision of the Swiss railways act in 1996, regional public authorities were given the choice between two different contractual regimes to procure public passenger transport services. We directly compare the impact of competitive tendering and performance-based negotiation by applying a stochastic frontier analysis to the complete dataset of bus lines (n = 630) operated by the main Swiss company (Swiss Post) at the same time (in 2009) throughout the country. The overall results show that the differences in the levels of cost efficiency between the two contractual regimes are not significant. Our findings are in line with recent evidence of cost convergence between competitive tendering and performance-based negotiation, and suggest that the practice of using both contractual regimes is challenging for the operators in terms of competitive pressure. The threat of competitive tendering may have a disciplining effect on negotiation since it prevents bus companies from bargaining inadequate rents and inducing asymmetric information advantages.     

Efficient contracting and incentive agreements between regulators and bus operators: The influence of risk preferences of contracting agents on contract choice

Contracts that govern transactions between regulators and operators are an important feature of service delivery in public transport. This paper reviews the literature on efficient contracting in general and its application to public transport contracts and found little empirical evidence on the influence of risk preferences of contracting agents on contract choice, a fundamental premise of classical contracting theory. Departing from the existing literature, this paper develops a choice experiment to study public transport operators’ preferences for different contractual forms. People involved in the public transport industry across Australia are invited to do the survey but the respondents are mainly bus operators in New South Wales. The respondents are offered two hypothetical contracts with different risk profiles and incentives and asked to indicate their preferences as well as their acceptance to provide the services under the contract they prefer. A non-linear scaled multinomial logit model is estimated to establish the role of risk allocation on contract preference of bus operators and the optimal amount of risks and incentives, conditioned on the operators’ attitude towards risk. The results help authorities design performance-based contracts to obtain their objectives while maintaining the operators’ level of satisfaction.     

论合同法对债权人利益的保护

章从关于合同法理论的研究成果入手,结合我国现行全员法的有关制度规定,以比较的方法,阐述《中华人民共和国合同法》在对债权人利益保护方面,制度规定更具先进性和可操作性。有些制度甚至在国际立法上也具前沿性。     

钢骨架塑料复合管在东海大桥给水工程中的应用

对钢骨架塑料复合管在东海大桥给水工程中的应用进行了系统研究,介绍了钢骨架塑料复合管在工程使用中的各种施工控制措施,并针对钢骨架塑料复合管自身热胀冷缩、柔性特点在使用过程中的控制措施做了详细介绍,为今后钢骨架塑料复合管在各种领域中更加广泛的应用奠定了基础。     

Workshop report - A successful contractual setting

Successful public transport service contracts can be judged against procedural and outcome criteria, located within an integrated strategic, tactical and operational level framework for planning and delivery. Clear goal setting at the strategic level sets the basis for supportive tactical system planning and for service delivery that meets goals. The workshop considers relevant success criteria and key matters that need to be resolved for their achievement. Market growth potential and the governmental attitude to supporting service growth are important issues shaping the contractual environment. The growing interest in negotiated performance-based contracts and the role of trust between the operator and the authority are also matters for particular attention.     

Cross-sector Analysis of Four Renegotiated Transport PPPs in Portugal

Abstract

This paper uses the Fertagus renegotiation results as a reference and explores the features that made it such a widely commended case, aiming to identify the best practice to be followed in other cases. The two main questions that this paper aimed to respond were: Was the success of the renegotiation process in the Fertagus contract due to mode-specific factors? Are those factors (mode specific or not) transferable to other modes under public private partnership (PPP) contracts and if so, to what extent? Regarding the mode specificity and transferability analysis, it can be noticed that much of the features were not mode specific in theory, however for the successful transferability to other transport modes, some changes should be made to the PPP model taking into account modal specificities and national contexts.     

公路工程单价合同中变更单价的确定方法

随着政府对基建项目尤其是国家重点工程的监督力度加大,工程变更问题已成为项目审计的核心问题之一,科学、合理、规范地确定变更工程的单价具有深远的意义,值得深入研究.     

A journey from adversary to partnership bus reform in NSW

This paper continues to debate the importance of understanding in the NSW Bus reform process of the relationship between central agencies, service providers, the academic community, key consultants and contractors within the setting of the transport service organisation framework. Sydney is a modern city with heavy rail, light-rail, monorail and an extensive Harbour, with bus services owned by Government as well as private interests. The paper addresses the case for reforms, the approach taken, competition policy, the subsequent development of partnerships, performance of the regulator, passenger benefits, growth and the differences between Metropolitan/Outer Metropolitan and Regional and Rural bus services.