问题 问答题

[背景材料]


某新建办公大楼的招标文件写明:承包范围是土建工程、水电及设备安装工程、装饰装修工程;采用固定总价方式投标,风险范围内价格不做调整,但中央空调设备暂按120万元报价;质量标准为合格,并要求创省优质工程奖,但未写明奖罚标准;合同采用《建设工程施工合同(示范文本)》。
某施工单位以3 260万元中标后,与发包方按招标文件和中标人的投标文件签订了合同。合同中还写明:发包方在应付款中扣留合同额5%,即163万元作为质量履约保证金,若工程达不到国家质量验收标准,该质量履约保证金不再返还;逾期竣工违约金每天1万元;暂估价设备经发承包双方认质认价后,由承包人采购。
合同履行过程中发生了如下事件。
事件1:主体结构施工过程中发生了多次设计变更,承包人在编制的竣工结算书中提出设计变更实际增加费用共计70万元,但发包方不同意该设计变更增加费。
事件2:中央空调设备经比选后,承包方按照发包方确认的价格与设备供应商签订了80万元采购合同。在竣工结算时,承包方按投标报价120万元编制结算书,而发包方只同意按实际采购价80万元进行结算。双方为此发生争议。
事件3:办公楼工程经4方竣工验收质量为合格,但未获得省优质工程奖。发包方要求没收163万元质量保证金,承包人表示反对。
事件4:办公楼工程实际竣工日期比合同工期拖延了10日,发包人要求承包人承担违约金10万元。承包人认为工期拖延是设计变更造成的,工期应顺延,拒绝支付违约金。

[问题]


中央空调设备在结算时应以投标价120万元,还是以实际采购价80万元为准,说明理由。

答案

参考答案:应按实际采购价80万元来结算中央空调设备价款。因为投标书中的设备报价120万元是暂估价,不能作为合同风险范围内的报价,而80万元才是双方最终确认的设备价款。

阅读理解

Canada, the second largest country in the world, lies in the north of America. The population of Canada is about 29 million and the capital is Ottawa. The country covers about 9,980,000 square kilometers and six of the world’s 24 time areas (时区) as well.

There are two official languages spoken in Canada: French and English. Many people can speak both English and French. More than 60% of Canadians speak English as their language. About 25% of the Canadians speak French. In one province of Canada where French is the common language, the programmes on TV and radios as well as the teaching in schools are all in French. Today, Chinese has become the first inofficial(非官方的) language in Canada.

Canada’s climate is not as cold all year around as some may believe. In winter, temperatures fall below freezing point throughout most of Canada. In summer, the southern provinces often experience high levels of temperatures that can reach over 30℃ regularly. The weather in Canada is just like the weather in China. It is rather cold in the north while it is fairly warm in the south. Winters in the north last long with snow for half a year. As the cold northern climate, only one-fifth of the land is suitable for farming.

As it is known to all, Canada has one-third of the world’s supply of fresh water. It has many great lakes. There are five great lakes in the south. And there are many others, especially in the north. It is also rich in natural resources, such as coal, oil, natural gas of which Canadians make use to produce energy.

People of northern Canada are called Inuit (因纽特人), who came from Asia and settled in Canada about 4,000 years ago. They used to travel around from place to place with teams of dogs which pulled their baggage. Now, they seldom move. There are about 2,500 Inuit in all. The government has started a new school project in which Inuit teach their own young children. So it is hoped that the way of Inuit life will be kept alive for more centuries.

小题1:How many people are there living in Canada?

A.About 24 million.

B.About 29 million.

C.About 25 million.

D.About 9,980,000.小题2:Today, most Canadians speak _________ as their first language.

A.French

B.Chinese

C.English

D.Japanese小题3:Only ________ of the land is fit for farming because of the cold northern climate.

A.15%

B.20%

C.30%

D.50%小题4:Which statement about Inuit is NOT right?

A.They settled in Canada about 4,000 years ago.

B.Dogs could help them pull their baggage when they had to travel years ago.

C.They can teach their own young children according to the new school project.

D.They way of Inuit life may disappear in the future.小题5:From the passage we can know _________.

A.Canada lies in the south of America

B.Canada has many different kinds of natural resources.

C.the weather in Canada is so cold the whole year as some people think

D.the Canadians government pays little attention to Inuit’s education.

填空题