consultation service

Consulting services mainly refer to services such as feasibility study, supervision, engineering design, construction, finance and management. Since the borrowers of most international financial institutions are developing countries and lack experience in technology and management, they need to hire international consulting companies to provide consulting services. Therefore, borrowers often use limited international bidding methods to select consulting companies to supervise and manage project implementation. International financial institutions such as the World Bank and the Asian Development Bank sometimes hire consultants directly to provide advisory services for technical assistance projects funded by them. Note that the task outline prepared by the borrower, the short list of the consulting company and the content and form of the invitation must be approved by the lender and the international financial institution.

The main steps for selecting a consulting company for a limited international bidding method are as follows:

*Draft outline

* Make cost estimates

*Select a short list of 5 to 7 qualified post-selection consulting companies from the long list of selected companies

* Issue an invitation to the post-selection company on the short list and request that it submit a proposal for the "Task Outline"

*Select a qualified company for contract negotiations

*Signing a contract





Consulting service contract


Contract number: __

This contract is signed by the entrusted consultant, and XX International Consulting Co., Ltd. is the other party. It was signed in China XX on the date of _________.

In view of the fact that the client intends to obtain the consulting services for the completion of the XX project from the consultant, and the consultant has indicated to the employer that he has the professional technical, personnel and technical resources required to carry out the service and agrees to provide the service, the parties agree to press The following terms are signed in this contract:

Definition

Unless otherwise stated in the contract, the following terms of this contract have the following meanings:

a) "Principal" means ×××;

b) “Consultant” means ×××;

c) “Applicable Law” means laws and other files that have legal effect in the People's Republic of China;

d) “Contract” means the contract between the entrusting party and the consultant;

e) “Foreign currency” means any currency other than RMB;

f) “Service” means the work performed by the Consultant for the completion of the Project in accordance with the terms of the contract;

g) “Subcontractor” means an entity that subcontracts part of the service as specified in the terms of the contract.

2. Applicable law and language of use of the contract

The meaning and interpretation of this contract and its terms and the relationship between the parties to the contract are governed by the laws of the People's Republic of China.

This contract is written in both Chinese and English, but the meaning and interpretation of this contract are subject to the English contract.

3. Execute the address of the contract

The consulting service will be conducted in China XX.

4. The issuance of the notice

Any notice should be written in English. The notice given by one party to the other party shall be sent at the address provided by the other party at any time in writing. If you do not receive the address change notification from the other party, please send it at the following address:


_____________________



_____________________





Any notice sent by a person or mailed, faxed, faxed or telegraphed at the above address is deemed to have been sent.

5. Taxation

The consultants and their personnel shall pay the company and personal income tax on their own and pay other relevant taxes levied under the applicable laws of the People's Republic of China.

6. Start, completion, modification and termination of the contract

a) This contract is effective 30 days after signing. If the contract does not become effective within 60 days after signing, either party to the contract has the right to declare the contract invalid. If this happens, neither party has the right to file a claim against the parties.

b) The consultant shall start consulting services two weeks after the effective date of this contract and complete all consulting services within XX years. Unless the parties agree to extend the service under the same conditions as above, this contract shall terminate upon completion of the service and payment of the last service. At the termination or expiration of the contract, all rights and obligations of both parties are terminated, but the termination of the contract does not remove the unresolved rights and obligations between the parties.

c) The validity period of this contract is XX years, and it will automatically expire when the contract expires from the date of signing the contract.

d) No changes or modifications to the contract may be made unless the parties have signed a written amendment.

7. The obligations of the consultant

a) The consultant shall make every effort to perform the consulting services and obligations efficiently and economically in accordance with the techniques and practices recognized by the international professional advisory body and the consulting standards. The consultant should always maintain and support the legitimate interests of the client in his dealings with subcontractors and third parties.

b) The consultant must abide by the applicable laws of the People's Republic of China and respect local customs when performing consulting services.

c) The consultant shall not accept trade commissions, rebates or similar payments for personal gain in the performance of services related to this contract or service.

d) The consultant will submit a service progress report to the “Delegating Party” at the end of each month.

e) All consulting services completed in accordance with the contract shall be inspected by the “committee” and approved by it. The consultant is responsible for the workload, correctness and completeness of the consulting service.

f) Without the authorization of the client, the consultant cannot transfer his debt under any circumstances.

8. Personnel participating in the consultation

The consultant should hire and provide experienced and experienced personnel who are qualified to conduct this consultation.

a) The personnel who perform the consulting services of this contract and the subcontractors must obtain the approval of the entrusting party. The consultant should provide the client with a copy of their resume and a qualified health certificate for review and approval.

b) No changes may be made to the consulting service staff without the employer's additional consent. If it is necessary to replace the consultant, its advice and experience should be accepted by the client. The consultant shall bear all additional travel and other expenses incurred as a result of the replacement.

9. The responsibilities and obligations of the client

a) The Principal shall endeavor to ensure that the Government of the People's Republic of China issues the work permit and other relevant documents necessary for the consultation service of the XX in China for the consultants and subcontractors, and makes timely arrangements to enable the consultant's personnel to obtain the necessary Import and export visas, residence permits, foreign currency exchange and other files needed to stay in China. The entrusting party shall also ensure that the consultants and subcontractors have the right to enter China with a reasonable amount of foreign exchange due to the need for consulting work, and to ensure that they have the right to take away the income from the contract in accordance with the law.

b) For the services performed by the consultant under this contract, the client will pay the consultant in the manner provided in clause __ of this contract.

c) The Principal shall fully guarantee that the Consultant will not be liable for any loss, damage or casualty caused by the Principal and its employees or agents to the Consultant and any third party due to wrongdoing, negligence or breach of contract during the contract period or after the contract period. Responsibility.

10. Payment to the consultant

a) All expenses involved in this contract shall be paid in US dollars through the XX Bank of the Bank of China and the Consultant. All bank charges incurred outside of China are borne by the consultant.

b) The Principal shall not pay any other expenses, and the Consultant shall not request a change in the total remuneration unless otherwise agreed by the parties.

c) The client will pay the consultant all consulting fees in the following manner and proportion:

1) Within __ days after the contract is implemented and the consultants arrive at the consulting service, the entrusting party shall pay the __ of the first payment general consulting fee to the consulting party.

2) The second payment amount should be __ of the general consultation fee. The entrusting party should have prepared the consulting party and submitted the consulting report and other relevant files. These reports and files meet the requirements of the contract attached file and are entrusted. After the acceptance, the party will pay the consultant.

3) The last payment amount shall be __ of the total consulting fee, and the entrusting party shall pay the consulting party after submitting the consultation summary report and explanation on the consulting side and deemed satisfactory.

4) Payments under all these contracts are payable to the consultant's account at XX Bank.

11. Justice and credit

Both parties will treat the rights conferred by each other's contracts fairly and take all reasonable measures to ensure the implementation of this contract. Therefore, the two sides unanimously expressed the hope that the contract will be implemented fairly between each other without prejudice to the interests of either party.

12. Dispute resolution

a) The parties shall fully and amicably resolve all disputes arising out of or in connection with this contract.

b) If the dispute between the two parties arising out of or in connection with this contract cannot be settled amicably, either party may submit an arbitration to the China International Economic and Trade Arbitration Commission. The arbitral award made by the arbitrator shall be accepted by both parties as the final ruling and shall be binding on both parties. The arbitration fee shall be borne by the losing party.

The parties hereby sign this contract on the above date and hereby certify.