问题 问答题

某市政公用工程项目,经有关部门批准采取公开招标的方式确定了中标单位并签订合同。该工程合同条款中部分规定如下:
(1) 由于设计未完成,承包范围内待实施的工程虽然性质明确,但工程量还难以确定,双方商定拟采用总价合同形式签订施工合同,以减少双方的风险。
(2) 施工单位按建设单位代表批准的施工组织设计(或施工方案)组织施工,施工单位不承担因此引起的工期延误和费用增加的责任。
(3) 甲方向施工单位提供场地的工程地质和地下主要管网线路资料,供施工单位参考使用。
(4) 建设单位不能将工程转包,但允许分包,也允许分包单位将分包的工程再次分包给其他施工单位。
在施工招标文件中,按工期定额计算,该工程工期为573d。但在施工合同中,双方约定:开工日期为2006年12月15日,竣工日期为2008年7月25日,日历天数为586d。
在工程实际实施过程中,出现了下列情况:
工程进行到第6个月时,国务院有关部门发出通知,指令压缩国家基建投资,要求某些建设项目暂停施工。该工程项目属于指令停工下马项目,因此,业主向承包商提出暂时中止合同实施的通知。承包商按要求暂停施工。
复工后在工程后期,工地遭遇当地百年罕见的台风的袭击,工程被迫暂停施工,部分已完工程受损,现场场地遭到破坏,最终使工期拖延了2个月。
问题
1.该工程合同条款中约定的总价合同形成是否恰当并说明原因。

答案

参考答案:该工程合同条款中约定采用总价合同形式不恰当。
[原因] 因为项目工程量难以确定,双方风险较大,故不应采用总价合同。

单项选择题 B型题
填空题

In February of 1997 Dolly, the first successful mammalian clone, was born in Edinburgh, Scotland. With the extensive news coverage of this momentous event, the study of genetic engineering and recombinant DNA was thrown into the public spotlight.
(41)__________Much of this unfounded fear is based upon memories of poorly researched science fiction novels, fear of the unknown, and a "growing mistrust of science".
(42)__________For example, it will be possible for cows to be genetically engineered to produce pharmaceuticals in their milk. This means that vaccination shots and pills would become obsolete. Babies could be brought up immune to diseases by simply being fed this milk. Imagine the impact on the quality of life for people who live in third world countries like Somalia. Whole countries could be made healthy and immune to disease.
(43)__________Rice does not provide all of the nutrients that the body needs and in these countries other food is very scarce. If rice or bread, another major staple, are genetically engineered to contain additional necessary vitamins and minerals then we could go a long way towards wiping out malnutrition all over the world.
(44)__________Organ transplants and cosmetic procedures, like silicone breast implants, that may cause disease would soon cease to exist. Instead of using materials foreign to the body for such procedures, doctors will be able to manufacture bone, fat, connective tissue, or cartilage that match the patient’s tissues exactly, thus ensuring that the needed tissue will be free of rejection by their immune system. Victims of terrible accidents that deform the face and body would be able to have their features repaired with new, safer technology.
(45)__________
Throughout time people have always been afraid of new technology and the power it might possess. When the car was first invented some contemporary scientists were convinced that the human body could not survive at speeds as high as twenty miles per hour. At one time birth control pills, in vitro fertilization, and heart transplants were criticized on the same grounds.
Genetic engineering is an extremely new aspect of our technological research and should, at all costs, be allowed to develop further. The immense possible benefits from genetic engineering are endless and should not be overlooked. Genetic engineering, then, is a tool that humans can use to cure many of their problems.
[A] Even though the risks are great, the beneficial possibilities are endless. Genetic engineering should be allowed to progress because of the potential benefits for the human species outweigh the consequences.
[B] Scientists are only beginning to explore the dangers and benefits of genetic engineering. Yet, instead of seeing the immense potential benefits, much of the American public is automatically rejecting this field of research.
[C] Genetic engineering also has the power to cure infertility, which a painful reality that many couples throughout the world face.
[D] Even with all these miraculous benefits, many people throughout the world feel that the issue of genetic engineering is absolutely preposterous and extremely unethical. Such opinions are understandable, considering that the majority of people are always going to be afraid of the unknown.
[E] Malnutrition, a common problem in many third world countries where impoverished peoples rely on a single crop such as rice for the main staple of their diet, could also possibly be cured with genetic engineering.
[F] But perhaps, the area that stands to benefit the most from genetic engineering is medicine.
[G] Genetic engineering is like performing heart surgery with a shovel. Scientists do not yet understand living systems completely enough to perform DNA surgery without creating mutations which could be harmful to the environment and our health.