Project bidding control price preparation service contract model
project name:
Item Number:
Party A:
Party B:
In accordance with the 2019 project bidding control price of Nanning City, the government procurement results and other relevant laws and administrative regulations are followed, and the principles of equality, voluntariness, fairness and good faith are followed. The two parties have reached this agreement by consensus.
First, the contract content
Party A entrusts Party B to be responsible for the preparation of project bidding control price, and the professional category is municipal public engineering.
Second, submit the bidding control price time
The bidding control price is submitted within 10 days from the date of signing the contract, that is, from the date of 2019 to the end of the month of 2019. The time of submission should be as early as possible.
Third, the bidding control price preparation service fee:
Tender control price preparation service fee = bidding control price approved by a project × "Tendering agency service charging standard" × 30% ×
Fourth, the payment of service fees
It shall be declared by Party B, and Party A shall approve the payment according to the project.
If the service fee calculated according to the corresponding rate of the bidding control price is less than 1,000 yuan, it shall be calculated as 1,000 yuan.
V. Agreement between the two parties
1. Party B shall not transfer the preparation work entrusted by Party A to a third party for completion.
2. Party B shall prepare the bill of quantities in strict accordance with the national standard GB50500-2003 "Construction Engineering Quantity List Pricing Specification", "Guangxi Construction Engineering Quantity List Pricing Guide" and other relevant pricing standards. The atlas number node must not be used to describe the project characteristics in the bill of quantities. If the state has new regulations to enforce from it.
3. After accepting the entrusted task, Party B shall actively contact Party A to implement specific matters and arrange sufficient personnel to complete the preparation work within the prescribed time.
4. Party B shall complete the preparation of the project bidding control price according to the time specified in the contract, and submit to the Party A five copies of the project bidding control price and the electronic document and engineering quantity calculation draft. If the relevant information provided by Party A is not complete, Party B shall delay the submission of the information to Party A.
5. If the project needs to be adjusted during the bidding control price preparation process, Party A shall immediately notify Party B; if Party B finds a problem during the preparation process, Party A shall immediately notify Party A.
6. If the bidder of the project proposes a question related to the bill of quantities, Party B must submit a written reply within the prescribed time limit, and Party A will reply to the bidder after Party A has approved it.
7. Party B shall not disclose the contents of the project bidding control work entrusted by Party A to anyone other than Party A. If Party B is found to have violated the regulations and has been verified, Party A has the right to terminate the contract and investigate Party B’s liability for breach of contract.
8. During the validity period of the contract, Party A shall, if Party B's actual input personnel are insufficient to meet the needs of the preparation task or consider that the preparation personnel are incompetent, may issue a notice to Party B requesting to add or replace the staff. Party B shall, within 5 days after receiving the notice, The increase or replacement of the corresponding compiler personnel shall be borne by Party B.
9. If Party B has accepted the entrustment of Party A to prepare the bidding control price for a project, it shall no longer provide the bidders related to the project with the services related to the bidding of the project; if Party B is found to have violated the regulations and verified, Party A has The right to terminate the contract and investigate Party B’s liability for breach of contract.
10. Party B must complete the internal three-level audit procedure when submitting the project bidding control price and the engineering quantity calculation draft to Party A.
11. Other conventions:
For the preparation of the project bidding control price, if only the results of the engineering quantity list and the engineering quantity calculation draft are issued for the reasons of the project itself, 60% of the bid price in the project shall be paid.
If the bidding control price is completed and the bidding control price is provided, but the price of the material needs to be adjusted due to market reasons, the service fee shall not be calculated separately; the bidding control price shall be completed and provided, but the bidding shall be adjusted due to changes in design changes. If the price is controlled, the difficulty factor can be increased from 0.1 to 0.3 according to the actual situation.
6. Rights and obligations
1. Party A’s rights and obligations.
right:
The right to send supervisors to supervise Party B's business development and quality of work, and the implementation of integrity and discipline.
Have the right to keep abreast of Party B's review work plan and progress and make comments and suggestions.
Have the right to request Party B to provide or consult Party B's working papers.
Have the right to use the audit report legally and correctly.
If Party B is found to have violations of regulations, the contract can be unilaterally terminated.
If Party B and the bidder intentionally collude to increase the amount of work or falsify and increase the settlement amount, Party A has the right to request compensation for the corresponding losses and propose to its competent authority to cancel its qualifications.
obligation:
It is obliged to provide or coordinate with Party B the materials required for the preparation of the project, coordinate the relevant departments and units to cooperate with the audit, and timely solve the problems encountered by Party B during the audit.
It is obliged to pay the service fee in full and on time according to the regulations.
2. Party B's rights and obligations.
right:
Have the right to ask Party A to provide all the information about the project preparation.
Party A has the right to request Party A to help coordinate the work of relevant departments, and requires Party A to support and cooperate with Party B to implement the preparation work as much as possible.
After the preparation work is completed as required, the company has the right to obtain the service fee for the preparation of the contract as scheduled.
obligation:
It is obliged to prepare according to the law according to the information provided, and issue a legal audit report.
It is obliged to keep the business secrets of Party A known in the course of practicing.
It is obliged to issue an audit report within the time specified in the contract.
Party B shall not transfer the review work entrusted by Party A to a third party for completion.
It is obliged to properly keep the information provided by Party A and return it to Party A after the completion of the preparation work.
7. Liability for breach of contract
1. If Party A breaches the contract and causes Party B's loss, it shall be liable in accordance with the relevant provisions of the Contract Law of the People's Republic of China.
2. If Party B does not accept the entrustment from Party A, Party A may request the financial department to confiscate its performance bond and terminate the contract.
4. If the bidding control price is found in the review, if Party A finds 10%-20% single error in the list of engineering preparation services or the total price deviates from the trial price by 5%-10%, it is deemed that Party B defaults. For the first time of default, Party A shall give a warning treatment and deduct 20% of the service fee of the project; 2 times of default, Party A shall request the financial department to confiscate 50% of the performance bond paid by Party B; 3 times of default or 1 time If more than 20% of the individual errors occur in the preparation of the service or the total price deviates from the trial price by more than 10%, Party A shall request the financial department to confiscate all the performance bond paid by Party B, terminate the contract, and cancel the qualification of the designated service. The single error in this article refers to: (1) incorrect textual representation of the contents of the drawings; (2) engineering quantity list errors.
5. The technical person in charge and the staffing staff appointed by Party B must be consistent with the personnel promised at the time of bidding. If the staff is reduced without authorization and the proportion of the number of people is reduced by 30%, it is considered as a breach of contract. Party A asks the financial department to confiscate the performance bond paid by Party B to 5,000 yuan; if the proportion of the reduction is 40%, Party A shall request the financial department to confiscate the payment by Party B. The performance bond is 10,000 yuan; if the proportion of the reduction is 50%, Party A will ask the financial department to confiscate all the performance bond paid by Party B and terminate the contract.
6. If Party B loses or damages the information provided by Party A, the first time, Party A asks the financial department to confiscate 50% of the performance bond paid by Party B; 2 times, Party A asks the financial department to confiscate all the performance bond paid by Party B. Terminate the contract, cancel the fixed-point service, and study its legal responsibilities according to the circumstances.
7. If Party B returns the entrusted project to Party A for any reason without any conclusion, Party A shall not pay Party B any service fee in principle, and Party A has the right to no longer entrust the project or unilaterally terminate this contract. .
Eight, force majeure event handling
1. After the event of force majeure, the other party shall be notified immediately and accompanied by a certificate issued by the relevant authority.
2. The force majeure event lasts for more than 120 days, and the two sides should decide whether to continue to perform the contract through friendly negotiation.
Nine, litigation
All disputes between the two parties in the execution of the contract shall be settled through consultation. If the negotiation fails, the lawsuit may be filed in the court where the contract is signed. The place where the contract is signed is hereby agreed to be Nanning.
X. Contract effective and other
1. The contract shall become effective after it has been signed by the legal representative or authorized agent of both parties and affixed with the official seal of the unit.
2. In the execution of the contract, if the content of the contract needs to be modified or supplemented, the written agreement or supplementary agreement signed by both parties may be executed as an integral part of the main contract.
3. When one of the parties requests to change or cancel the contract, it shall notify the other party 5 working days before the change or cancellation of the contract. If the party suffers losses due to the change or cancellation of the contract, the responsible party shall be liable for compensation in addition to the liability that may be exempted according to law. The notice or agreement to change or terminate the contract must be in writing and the original contract is still valid until the agreement is reached.
person A person B:
Address: Address:
Postal Code: Postal Code:
Legal representative: Legal representative:
Or authorize the agent: or authorize the agent:
Phone: Phone:
Fax: Fax:
Place of signing: Date of signing: Year, month and day
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