(hereinafter referred to as the "agent") reached an agreement on the bidding of (project name) through full consultation, and hereby concluded this contract.
I. General situation of the project entrusted by the principal to the agent (hereinafter referred to as the "project")
1, project location:
2, the project approval documents:
3. Sources of funds:
4. Project scale:
5. Total investment:
Second, the scope of the agency
1. Entrust the bidding content (if entrusted, please tick □ and explain the specific content,
If there is no entrustment, tick □):
□ Investigation
□ Design, specifically including:
□ Construction, including:
Supervision, including:
□ Equipment, specifically including:
□ Materials, including:
2. Estimated price of single contract within the agency scope:
3. Entrusting matters (tick in □ when entrusting, and x in □ when not entrusting):
□ The representative puts forward the contract awarding scheme;
-Issuing a tender announcement (issuing an invitation to bid);
□ Prepare prequalification documents;
□ Organize to receive the application of the bidding applicant;
-Examining the qualifications of potential bidders and determining potential bidders;
□ Prepare bidding documents;
□ Prepare the bill of quantities;
□ Prepare the pre-tender estimate of the project;
□ Organize site reconnaissance and answer questions;
□ Organize bid opening and evaluation;
□ Drafting the project contract;
□ Prepare the written report of bidding;
□ Other matters related to outsourcing:
Third, the rights of the client.
1. The client has the right to participate in relevant activities of bidding.
2. The client has the right to ask the agent to provide the phased progress of the agency work in time.
3. The client has the right to ask the agent to replace the incompetent personnel or the personnel who should be avoided.
4. The client has the right to decide the specific work content of the agent.
5. If the client or the construction administrative department finds that the agent violates the relevant laws, regulations or construction procedures in the agency activities and is confirmed, the client has the right to ask the agent to correct it until the contract is terminated.
Four. Obligations and responsibilities of customers
1. Before the agent carries out the bidding agency business, the client shall go through the relevant examination and approval procedures required for the bidding of this project in accordance with relevant regulations, so as to make the bidding work qualified.
2. The client shall provide the agent with timely, free, authentic and detailed documents and materials (such as construction approval, capital certificate, geological survey data, construction drawings, etc.). ) requirements within the scope of work of the tendering agency.
3. The client shall give a written reply to the written request put forward by the trustee within days, and the client shall be responsible for the time extension caused thereby.
4. During the performance of the contract, appoint people who are familiar with the business, understand the laws and regulations and work hard.
Be responsible as the representative of the principal and cooperate with the agent.
5. If the contents and time of the entrusted consulting project are significantly adjusted, the entrusting party shall
Notify the agent in writing days in advance to adjust the corresponding work arrangement, and the client shall be responsible for the time extension caused by this.
6. The client shall not disclose information that should be kept confidential according to law.
7. Sign the project contract within the time limit prescribed by law, and submit it to the bidding supervision institution for the record after signing the contract.
8. Bear the economic losses caused by the agent's own fault.
9. The entrusting party and its staff shall not accept or demand any form of kickbacks, gratuities, gifts, securities and other gifts from the agent; Expenses that should be paid by individuals shall not be reimbursed by agents.
10. Other work that the customer should complete:
Verb (abbreviation for verb) the rights of an agent
1, have the right to refuse human intervention in violation of national laws, regulations, rules and relevant provisions of the construction administrative department.
2, according to the provisions of the relevant laws and regulations of the state, within the scope of authorization to entrust the project bidding.
3. Have the right to suggest the replacement of the entrusting party's personnel who are incompetent or unsuitable to participate in the bidding activities for other reasons.
4. If some conditions and requirements of customers do not conform to the existing laws, regulations or procedures,
The agent may suggest the principal to make amendments. If the Consignee refuses to modify the contract, the Consignee has the right to unilaterally terminate the performance of the contract.
5. In addition to the contract awarding scheme, the bid-winning notice and the written report on the bidding situation, which are sealed and signed by the client, and the bid-winning notice is stamped with the official seal of the agent, the information and documents formed from the drafting of the contract awarding scheme to the submission of the written report on the bidding situation only need to be sealed and signed by the agent.
Obligations and responsibilities of intransitive verb agents
1, engaged in bidding agency activities in accordance with national laws, regulations and relevant provisions of the construction administrative department.
2. Provide bidding agency services to the entrusting party within the scope of authorization, and may not transfer the bidding agency services stipulated in this contract to a third party.
3. Have the obligation to provide the client with the bidding plan and relevant bidding materials, and do a good job in interpreting relevant laws, regulations and rules.
4. If the staff of the agency have any interest relationship with the potential bidders of this project, they should take the initiative to avoid it.
5. In the agency activities, information that should be kept confidential according to law shall not be disclosed.
6. Be responsible for the technical scheme, data parameters and technical and economic analysis conclusions put forward during the agency process.
7. The agent set up a bidding agency project team, and appointed the project team leader to be responsible for the bidding agency work of this project. See Annex I for the composition of the project team.
8. The economic losses caused by the agent's unilateral fault shall be compensated to the principal. The total amount of accumulated compensation shall not exceed the total service fee of the bidding agency for construction projects (excluding tax).
9. If the agency contract cannot be performed in whole or in part due to force majeure, the agent shall not be liable.
10. Agents shall not compete by bribery, giving other benefits or slandering others;
Seven, the bidding agency service fee.
1. According to the current national charging policy, the amount of the service fee of the tendering agent is determined according to the following calculation method:
2. The bidding agent service fee shall be paid in the following ways.
(1) paid by the customer.
(2) As agreed with the bidder, it shall be paid by the winning bidder.
If the second method is used to pay the service fee of the bidding agent, it must be clearly stated in the bidding documents and included in the tender offer.
3. Time to pay the service fee of the tendering agent:
Eight. The time requirement of the principal for the agent to complete the entrusted contents of this contract.
1, starting time of agency work:
2. Agency work completion time:
If the time is delayed due to non-agency reasons, the end time will be extended accordingly; Agent ends to complete
Take the time as the standard.
Nine. Breach of contract and dispute resolution
1. The losses caused by one party's breach of contract shall be borne by the breaching party. When the other party requests the breaching party to continue to perform the contract, the breaching party shall continue to perform the contract after assuming the above liabilities for breach of contract.
2. If losses are caused to a third party due to breach of contract, the breaching party shall compensate the third party for losses on the basis of compensating the other party for losses.
3. When the terms of the agency contract are changed, both parties must sign a supplementary contract. As a part of the agency contract, the supplementary contract has the same legal effect as the main contract.
4. When a dispute arises between the client and the agent during the performance of the contract, they can solve it by themselves or request the relevant competent department for mediation. If one party is unwilling to settle or mediate, or the settlement or mediation fails, both parties can choose the following ways to resolve the dispute:
(1) Both parties agree to apply to the Arbitration Commission (where the project is located) for arbitration.
(2) to the people's court with jurisdiction.
X. number of contract copies
The original contract agreed by both parties is in triplicate, one for each party, one for the bidding supervision institution and one for the copy.
One copy, one for each.
Supplementary terms:
Principal (official seal): Agent (official seal):
Legal representative (signature): Legal representative (signature):
Year, month, sun, moon, sun.
Address: Address:
Account opening: account opening:
Account number: Account number:
Postal code:
Tel: Tel:
Fax: Fax:
Email: Email:
Attachment 1:
List of personnel and projects of engineering agency project team
job
Name bidding
Internal capacity
Personnel situation
Name, post, position, professional title, registration qualification, post certificate number, remarks
Group leader
member
member
member
member
Arrange affairs on behalf of the manager and the undertaker
Acting supervisor
Sign on behalf of the manager
Sign your name.
Prepare the pre-tender estimate on behalf of the proposed bidding scheme.
Issue a tender announcement
(Bidding) Organize on-site reconnaissance and answer questions.
The bid applicant applies for organizing bid opening and bid evaluation.
Prepare prequalification documents and publicize them on behalf of the winning bidder.
Review the qualifications of potential bidders and prepare the bid-winning notice on their behalf.
Prepare bidding documents and draft engineering contracts.
Prepare the bill of quantities, and prepare the written tender report.
Handler: (Seal)
Note: The signature column of the undertaker in this form must be signed by himself.
Annex II:
Power of attorney for bidding agency of construction project
(Name of the legal representative of the client, i.e. the tenderer).
The legal representative of (name of the tenderer) is authorized to entrust (name of the tendering agency) as the agent of (name of the project subject to tender) to handle the following matters in the name of the tenderer (tick when entrusting, tick when not entrusting):
□ The representative puts forward the contract awarding scheme;
-Issuing a tender announcement (issuing an invitation to bid);
□ Prepare prequalification documents;
□ Organize to receive the application of the bidding applicant;
-Examining the qualifications of potential bidders and determining potential bidders;
-Examining the qualifications of potential bidders and determining potential bidders;
□ Prepare bidding documents;
□ Prepare the bill of quantities;
□ Prepare the pre-tender estimate of the project;
□ Organize site reconnaissance and answer questions;
□ Organize bid opening and evaluation;
□ Drafting the project contract;
□ Prepare the written report of bidding;
□ Other matters related to outsourcing:
All documents signed by the tendering agency to handle the above-mentioned matters and all related matters in the process of bidding as an agent shall be recognized by the client, but the contract awarding scheme, the bid-winning notice and the written tender report shall be signed by the client. The agent has no right to entrust.
This power of attorney is valid for.
Hereby declare.
Client: (seal)
Legal Representative: (Signature)
date month year