Construction project bidding agency contract

Engineering Construction Project Tendering Agency Agreement

Client:

Trustee:

In accordance with the "Contract Law of the People's Republic of China", the "Tendering and Bidding Law of the People's Republic of China" and the relevant laws and administrative regulations of the State, and in accordance with the principles of equality, voluntariness, fairness and good faith, the two parties have reached this Agreement by consensus on the tendering agency matters.

I. Project Overview

project name:

location:

scale:

Scale of bidding:

investment total:

2. The trustee entrusts the trustee to

The tendering agency of the project construction project, undertaking the project

Tendering agency work.

Third, the contract price

Agency compensation is RMB yuan

4. The files that make up this contract:

Undertake the project

1. Supplementary and amended files signed by both parties in writing during the performance of this contract;

2. This contract agreement;

3. The special terms of this contract;

4. General terms of this contract.

5. The definitions of the relevant terms in this Agreement are the same as those given in the First Section of the Contract in the General Terms.

6. The trustee promises to the client to undertake the agency business within the scope specified in the special terms of this contract in accordance with the provisions of this contract.

7. The principal promises to the trustee to ensure payment of the agency's remuneration in accordance with the terms of this contract.

Eight, the conclusion of the contract

Contract conclusion time: year, month and day

Place of contract:

Nine, the contract takes effect

Effective by the parties to this contract

Client: Trustee:

Legal representative: Legal representative:

Authorized agent: Agent:

Unit Address: Unit Address:

Postal Code: Postal Code:

Contact number: Contact number:

Fax: Fax:

E-mail: E-mail:

Bank of deposit: Bank of deposit:

Account number: Account number:

The first part of the general terms

I. Definition of terms and applicable law

l, word definition

The following terms shall have the definitions given in this clause, unless otherwise agreed in the special terms of this contract.

1.1 Bidding agency contract: The entrusting party entrusts the bidding work of the project construction project to the trustee with the corresponding bidding agency qualification, and implements the entrustment contract signed by the bidding activity.

1.2 General Terms: It is based on the relevant laws, administrative regulations and the requirements of bidding agents for engineering construction projects, and is generally applicable to the tendering agency of various construction projects.

1.3 Special clauses: It is the specific, supplementary or modification of the general terms by the terms of the agreement between the principal and the trustee in accordance with the relevant laws and administrative regulations, combined with the actual bidding agency of the specific construction project.

1.4 Principal: Refers to the parties who have agreed in the contract, have the qualifications for the bidding entity of the construction project, and the legal heirs who have obtained the qualification of the party.

1.5 Trustee: Refers to the party that has been accepted by the client and has the qualification of the bidding agent of the construction project and the legal heir who obtained the qualification of the party.

1.6 Bidding agent project leader: Refers to the representative of the trustee responsible for the performance of the contract specified in the special clause.

1.7 Project construction project: refers to the project of entrusted agency bidding agreed by the principal and the trustee in the contract.

1.8 Tendering agency business: The client entrusts the trustee to act as agent for the project construction project bidding.

1.9 Additional Services: Refers to the additional work of the Principal and the Trustee outside the scope of work agreed by both parties in Section 4.1 of the General Terms and Section 4.1 of the Special Clause.

1.10 Agency Remuneration: The total amount of agency remuneration that the trustee should receive in accordance with the contract as agreed between the principal and the trustee.

1.11 Drawings: Refers to all drawings, calculations, supporting instructions and related technical materials provided by the client to meet the requirements of the tender.

1.12 Written form: A form of contract, letter and data message signed by an official seal, legal representative or authorized agent that can tangibly represent the content contained therein.

1.13 Liability for breach of contract: It refers to the responsibility of one party to the contract not to perform the contractual obligations or to perform the contractual obligations that are not in conformity with the contract.

1.14 Claim: refers to the actual loss caused by the situation that is not his own fault, but should be the responsibility of the other party in the performance of the contract, and submits economic compensation or other requirements to the other party.

1.15 Force Majeure: An uncontrollable and unforeseen event between the parties, but does not include breach of contract or negligence by both parties. These events include, but are not limited to, wars, severe fires, floods, typhoons, earthquakes, or other events that both parties agree to be force majeure.

1.16 hours or days: This contract stipulates that the time is calculated by the hour, and is calculated from the time when the event is valid. If the time is calculated by the day, the day of the start is not counted, and the calculation is started from the next day. The last day of the time limit is the rest day or other legal holidays, with the day of the holiday being the last day of the time limit. The deadline for the last day of the time limit is 24 o'clock on the day.

2. Contract file and explanation order

2.1 Contract files should be able to explain each other and explain each other. Except as otherwise stipulated in the special terms of this contract, the files and priority explanations that constitute this contract are as follows:

Supplementary and amended files signed by both parties in writing during the performance of this contract;

This contract agreement:

Special terms of this contract;

General terms of this contract.

2.2 When the content of the contract file is ambiguous or inconsistent, it shall not affect the bidding.

In the case of normal business operations, the principal and the trustee negotiate to resolve. In the event of a disagreement between the parties, the dispute shall be dealt with in accordance with Article 12 of the General Terms and Conditions of this Agreement.

3. Language and applicable law

3.1 language text

Except as otherwise stipulated in the special terms of this contract, this contract file is written, explained and explained in Chinese language. If the special clause of this contract stipulates that two or more languages ​​are used, Chinese shall be the standard language for interpreting and explaining this contract.

3.2 Applicable laws and administrative regulations

This contract file applies relevant laws and administrative regulations. Appropriate legal and administrative regulations are required and may be agreed upon by the parties in the special terms of this contract.

2. General rights and obligations of both parties

4. The obligations of the principal

4.1 The specific scope and content of the client's work entrusted by the tendering agency shall be stipulated in the special terms of this contract.

4.2 The Principal shall complete the following work in accordance with the content and time specified in the special terms of this contract:

Provide the trustee with relevant pre-project data and fund implementation information that should be available for the bidding agency business of the project;

Providing the trustee with all the technical materials and drawings required for the completion of the project: the bidding agency business, the need to pay the basics to the trustee in detail, and responsible for the authenticity, completeness and accuracy of the information provided;

Providing the trustee with the conditions for ensuring the successful completion of the tendering work, and the conditions provided are stipulated in the special terms of this contract;

Designate a person to contact the trustee, and the name, position, and title of the designated person shall be agreed in the special terms of this contract;

Coordinate with third parties as needed;

Pay the agency's remuneration in accordance with the terms of the special terms of this contract;

Other obligations stipulated in accordance with the law shall be agreed by the parties in the special terms of this contract.

4.3 In the process of performing the bidding agency business, the trustee proposes reasonable proposals beyond the scope of the bidding agency. Upon the consent of the client and the economic benefits, the trustor shall pay the trustee a certain economic reward.

4.4 The Principal shall be responsible for the intellectual property rights protection of the technical services provided by the Trustee for this contract.

4.5 If the principal fails to perform the above obligations and causes losses to the trustee, it shall compensate the trustee for the relevant losses.

5. Obligation of the trustee

5.1 The trustee shall select the full-time technical and economic personnel with sufficient experience as the person in charge of the bidding agency project according to the scope and content of the entrusted bidding agency business as stipulated in the special terms of this contract. The name and ID number of the person in charge of the bidding agency project are stated in the special terms.

5.2 The Trustee shall complete the following work in accordance with the content and time specified in the special terms of this contract:

In accordance with the principles of openness, fairness, impartiality and good faith, organize bidding work in accordance with the law and safeguard the legitimate rights and interests of all parties;

Applying professional skills and skills to provide clients with consulting services related to the completion of bidding work;

Advise the client on the laws, administrative regulations and rules concerning project bidding, and explain the reasonable bidding procedures in order to obtain the support and cooperation of the client;

Other obligations stipulated in accordance with the law shall be agreed by the parties in the special terms of this contract.

5.3 The trustee shall be responsible for the scientific and accurate calculation of the relevant data and technical and economic data issued by the trustee in the bidding work.

5.4 The Trustee shall not accept the investment consulting business related to the scope of the entrusted tender in the construction project of this contract.

5.5 The intellectual property rights of the trustee to provide technical services for this contract shall be exclusive to the trustee. If any third party files an allegation of infringement, the trustee must negotiate with the third party and bear all legal liabilities and expenses arising therefrom.

5.6 The Trustee does not score or transfer any of the rights and obligations of this contract without the consent of the principal.

5.7 The Trustee shall not accept gifts, banquets and any other benefits of all bidders, and shall not disclose contents that are required to be kept confidential in the process of bidding, bid evaluation and calibration. After the termination of the contract, the trustee may not disclose any bidding materials and circumstances related to the contract project without the consent of the principal.

5.8 If the trustee fails to perform the above obligations and causes losses to the client, it shall compensate the client for the relevant losses.

6. The rights of the principal

6.1 The principal has the following rights:

Receive the results of the bidding agency according to the contract;

Inquire the trustee about the progress and related content of the bidding work of this contract project or make recommendations not to violate laws and administrative regulations;

Review the various files prepared by the trustee for the contract project and propose amendments;

Require the trustee to submit a report on the work of the bidding agency;

In consultation with the trustee, it is recommended to replace the incompetent bidding agent practitioner;

Select the winning bidder according to law;

During the performance of this contract, the trustee has the right to terminate this contract because the trustee fails to perform the contractual agreement, causing losses to the client or affecting the normal operation of the bidding, and recovering the financial compensation from the trustee according to law until the legal responsibility is pursued;

Other rights enjoyed by law are stipulated by the parties in the special terms of this contract.

7. The rights of the trustee

7.1 The Trustee has the following rights:

Receiving agency and agency remuneration according to the contract;

The trustee has the right to make a recommendation on the decision that should be made by the client during the bidding process.

When the information provided by the client is insufficient or unclear, the right to request the client to make up the materials or make a clear reply;

Reject the request of the client for violation of laws and administrative regulations, and explain to the entrustment;

Have the right to participate in all meetings and events involving the bidding work organized by the principal;

The right to intellectual property rights, trustees, use or reproduction of all files compiled for this contract project;

Other rights enjoyed by law are stipulated by the parties in the special terms of this contract.

Third, the agency agent compensation and collection

8. Entrusted agency compensation

8.1 The two parties shall, in accordance with the scope of the bidding agency business stipulated in this contract, stipulate the calculation method, amount, currency, exchange rate, payment method and time of the entrusted agency remuneration in the special terms of this contract.

8.2 If the trustee needs to go out for the investigation of the bidding agency business undertaken, the number and expenses of the out-of-town personnel shall be reported to the client for verification after the consent of the client.

8.3 The expenses incurred within the scope of the bidding agency shall be stipulated by the principal and the trustee in the supplementary clause.

9. Collection of entrusted agency remuneration

9.1 If the agent pays the agent's remuneration, within 10 days after the signing of the contract, the entrusting party shall pay the trustee no less than 20% of the agent's prepaid payment. The specific amount shall be stipulated in the special terms.

If the winning bidder pays the agent's remuneration, within 5 days after the winning bidder and the entrusting party sign the contract, the principal and agency remuneration agreed in this contract shall be paid to the trustee in one lump sum.

9.2 The trustee completes the work outside the scope of the bidding agency entrusted by the client. For the additional service project, the remuneration to be collected shall be negotiated by both parties and a supplementary agreement shall be signed.

9.3 The Principal fails to pay the agent's prepaid expenses as scheduled within the payment period stipulated in the special terms of this contract. From the date of payment, the interest rate of the payment agent's prepayment shall be calculated according to the bank loan interest rate for the same period.

9.4 The principal fails to pay the agency remuneration as scheduled within the payment period stipulated in the special clause of this contract. In addition to the liability for breach of contract, the principal shall also calculate the interest paid for the agency remuneration according to the bank loan interest rate for the same period.

9.5 Entrusted agency remuneration shall be paid directly by the entrusting party to the trustee in accordance with the payment method and time stipulated in the special terms of this contract; or the trustee shall directly collect from the winning bidder in accordance with the contract.

IV. Breach of contract, claims and disputes

10. Default

10.1 The principal breached the contract. When the following occurs:

The client mentioned in paragraph 4.2 of the general clause of this contract does not provide the client with the conditions specified in the special clause of this contract to ensure the successful completion of the bidding work, which makes the bidding work impossible;

The principal mentioned in Section 4.2 of the General Terms of this Contract does not pay the entrusted agent to pay the entrusted agent in accordance with the terms of the special terms of this contract;

Other circumstances in which the principal fails to perform the contractual obligations or fails to perform the obligations as agreed in the contract.

The principal assumes the liability for breach of contract and compensates for the economic loss caused to the trustee due to its breach of contract. The two parties stipulate in the special clause of this contract the calculation method of the principal's compensation for the loss of the trustee or the amount or calculation method of the liquidated damages.

10.2 The trustee defaults. When the following occurs:

The trustee mentioned in paragraph 5.2 of the General Terms of this contract does not provide the client with consulting services for completing the bidding work in accordance with the terms of the special terms of this contract;

The trustee mentioned in Section 5.4 of the General Terms of this contract did not accept the bidding consulting business related to the construction project of this contract in accordance with the terms of the special terms of this contract;

The trustee mentioned in Section 5.7 of the General Terms of this contract has not disclosed any bidding materials and circumstances related to this contract project in accordance with the terms of the special terms of this contract;

Other circumstances in which the trustee fails to perform the contractual obligations or fails to perform the obligations as agreed in the contract.

The trustee shall be liable for breach of contract and compensate for the economic losses caused by the breach of contract to the client. The parties shall stipulate in the special clause of this contract the method of calculating the loss of the trustee by the trustee or the amount or calculation method of the liquidated damages. The trustee shall be liable for breach of contract, and the maximum amount of compensation shall not exceed the amount of the agency agent's remuneration.

10.3 Third party default. If a party’s breach of contract is deemed to be caused by a third party

The party that has breached the contract shall first assume the full liability for breach of contract to the other party, and then the third party who is responsible for the breach of contract shall pursue the third party.

11. Claim

11.1 When a party files a claim against the other party, it must have a legitimate reason for the claim and there is valid evidence at the time of the claim.

11.2 The principal fails to perform its obligations in accordance with the contract, or other circumstances that should be borne by the principal, causing losses to the trustee. The trustee may claim in writing from the client in accordance with the following procedures:

Within 7 days after the claim event, the claimant and related information will be sent to the client;

After receiving the trustee’s claim report and relevant information, the client shall reply within 7 days or request the trustee to further supplement the claim reason and evidence;

The client did not reply within 7 days after receiving the claim report and relevant information submitted by the trustee, or did not make further request to the trustee, and the claim was deemed to have been approved.

11.3 If the trustee fails to perform its obligations in accordance with the contract, or other circumstances that should be borne by the trustee, causing economic losses to the client, the client may file a claim with the trustee in accordance with the time limit and procedure determined in 11.2. .

12. Disputes

12.1 If the principal and the trustee have a dispute in the performance of the contract, they may settle the dispute or apply to the relevant department or agency for mediation. If the parties are unwilling to settle, mediate or settle or mediate, the parties may stipulate one of the following ways to resolve the dispute within the special terms of this contract:

The two parties reach an arbitration agreement and apply to the agreed arbitration committee for arbitration;

Prosecuted to a people's court with jurisdiction.

V. Contract change, entry into force and termination

13. Contract change or release

13.1 After the signing of this contract, the trustee shall promptly notify the trustee to suspend the bidding agency business due to the fact that the trustee cannot continue to perform the bidding agency business due to the principal's reasons. When it is necessary to resume the bidding agency business, the trustee should be notified 7 days before the formal recovery.

If the timeout period is more than six months, when the bidding agency business needs to be resumed, the principal shall pay a certain compensation fee for restarting the bidding agency work. The specific calculation method is determined by the two parties through a supplementary agreement.

13.2 After the signing of this contract, if the cost or time required for the service changes due to changes in laws and administrative regulations or due to any subsequent newly enacted laws and administrative regulations, the service remuneration and service period stipulated in this contract shall be supplemented by both parties. The agreement is adjusted accordingly.

13.3 When one of the parties to the contract requests to change or cancel the contract, it shall, in addition to the law and administrative regulations, agree with the other party and reach a written agreement. If the written agreement is reached at the end, this contract is still valid.

13.4 If one of the parties suffers losses due to the termination of the contract, the responsible party shall be liable for compensation for the loss of the other party, except for the law, and the method and method of compensation shall be agreed by the parties in the agreement.

14. The contract takes effect

14.1 Subject to the conditions of entry into force, the parties shall enter into force on the date of signature and seal by both parties.

15. Contract termination

15.1 The trustee completes the entrustment of the bidding agency business, and the principal or the successful bidder pays the full agency remuneration and the contract is terminated.

15.2 The termination of this contract does not affect the rights and obligations of the parties.

15.3 Due to force majeure, if one or both parties are unable to perform this contract, both parties shall negotiate to determine the conditions for the continued performance of this contract or terminate this contract. If the parties are unable to reach an agreement on the conditions for the continued performance of this contract or the termination of this contract, this contract shall terminate itself. In addition to the remuneration payable by the principal to the trustee for the work completed, each bears the corresponding loss.

15.4 After the termination of the rights and obligations of this contract, the principal and the trustee shall follow the principle of good faith and perform the obligations of notification, assistance and confidentiality.

Sixth, other

16, the number of contracts

16.1 The original of this contract is in duplicate, and the principal and the trustee each hold one copy. The copy shall be agreed upon in the special terms of this contract as required by both parties.

17, supplementary terms

In accordance with the relevant laws and administrative regulations, the two parties may, in addition to the actual conditions of the tendering project of this contract, supplement the contents not covered by the general terms of this contract after consensus.

Part II Special Terms

I. Definition of terms and applicable law

2. Contract file and explanation order

2.1 Contract files and order of interpretation.

3. Language and applicable law

3.1 language text

The text used in this contract is:

3.2 This contract requires explicit laws and administrative regulations:

2. General rights and obligations of both parties

4. The obligations of the principal

4.1 The specific scope and content of the entrusted bidding agency work:

4.2 The client shall complete the following work according to the agreed time and requirements:

Provide the trustee with the relevant pre-project data and the implementation information of the funds that should be available in the bidding agency business of the project;

Provide the trustee with the time to complete all the information required for the agent's bidding business.

Provide the trustee with the conditions to ensure the successful completion of the tendering work.

Designated person to contact the trustee

Name:

Position:

job title:

phone:

Work that needs to be coordinated with a third party:

Other obligations to be fulfilled:

5. Obligation of the trustee

5.1 Name of the person in charge of the bidding agency: ID number:

5.2 The Trustee shall complete the following work at the agreed time and requirements:

Organize the content and time of the bidding work:

Consultation services provided to the tenderer for the completion of the tendering work:

The expenses that should be paid by the trustee during the bidding agency business:

Other obligations to be fulfilled:

6. The rights of the principal

6.1 Rights owned by the principal:

Other rights owned by the principal:

7. The rights of the trustee

7.1 Rights of the Trustee:

Other rights owned by the trustee:

Third, the agency agent compensation and collection

8. Entrusted agency compensation

8.1 Calculation method of agency compensation:

The amount or proportion of agency compensation:

Currency of agency compensation: Exchange rate:

Payment method of agency compensation:

Payment time for agency compensation:

9. Collection of entrusted agency remuneration

9.1 Prepaid agency fee amount:

9.3 Bank loan interest rate when overdue payment:

9.4 Interest payable when overdue payment:

IV. Breach of contract, claims and disputes

10. Default

10.1 The specific responsibilities of this contract regarding the principal's breach of contract:

The principal fails to provide the trustee with the liability for breach of contract to ensure the successful completion of the tendering work in accordance with the provisions of Section 4.2 of the General Terms of this Contract:

The principal fails to pay the trustee the liability for breach of contract in accordance with the provisions of paragraph 4.2 of the general terms of this contract:

Other breach of contract obligations of the principal agreed by both parties:

10.2 The specific responsibilities of this contract regarding the default of the trustee:

The Trustee fails to provide the Client with the liability for breach of contract for the completion of the tendering work in accordance with the provisions of Section 5.2 of the General Terms of this Contract:

The Trustee has accepted the breach of contract liability for the bidding consulting business related to this contract construction project in violation of the provisions of Section 5.4 of the General Terms of this contract:

The Trustee violates the stipulations of Section 5.7 of the General Terms of this Agreement and divulges any non-disclosure of the tender information and circumstances that should be borne by the contract:

Other breach of contract obligations of the trustee agreed by both parties:

11. Disputes

The parties agree that all disputes related to this contract arising from the execution of this contract shall be resolved by the following X methods when the settlement or mediation fails:

Submit the dispute to the Arbitration Commission for arbitration;

File a lawsuit in the people's court according to law.

Sixth, other

12, the number of contracts

12.1 The parties agree on a copy of the contract, of which the principal and the trustee share.

12.2 Supplementary Terms