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Construction project bidding agency contract


In accordance with the "Tendering and Bidding Law of the People's Republic of China", the "Contract Law of the People's Republic of China" and other relevant laws, regulations and rules, __________ and __________ on the tendering matters of ____________________, after full consultation, reach an agreement, This contract.

I. Overview of the project entrusted by the principal

1. Project location: _______________________________________________

2. Project approval file: _______________________________________

3. Source of funds: _______________________________________________

4. Project size: _______________________________________________

5. Total investment amount: _______________________________________________

Second, the scope of the agency

1. Entrusted agent bidding content:

□ Survey?

□Design, including: __________________________________________

□ Construction, including: __________________________________________

□ Supervisor, including: __________________________________________

□ Equipment, including: __________________________________________

□ Materials, including: __________________________________________

2. Estimated price of individual contract within the scope of the agent:

3. Entrusted agent matters:

□ on behalf of the proposed package;

□ Issue a tender notice;

□ Prepare prequalification files;

□ The organization accepts the application for bid applicants;

□ Review potential bidder qualifications and identify potential bidders;

□ Prepare a tender file;

□ prepare a list of engineering quantities;

□ Prepare the engineering base;

□ Organize site surveys and Q&A;

□ Organizing bid opening and bid evaluation;

□ drafting a project contract;

□ Prepare a written report on the bidding situation;

□ Other matters related to the issuance: _______________________________

Third, the rights of the principal

1. The principal has the right to participate in the relevant activities of bidding.

2. The principal has the right to ask the agent to provide timely progress in the agency's work.

3. The principal has the right to ask the agent to replace the incompetent person or the person who should be avoided.

4. The principal has the right to determine the specific work content of the agent.

5. If the principal or the construction administrative department finds that the agent violates the relevant laws, regulations or construction procedures in the agency activities and confirms it, the principal has the right to request the agent to correct it until the contract is suspended.

4. The obligations and responsibilities of the principal

1. Before the agent carries out the bidding agency business, the client shall, in accordance with the relevant regulations, complete the relevant examination and approval procedures required for the bidding of the whole project, so that the bidding work can be qualified.

2. The client shall provide the agent with the files and materials required for the scope of the bidding agency in a timely, unpaid, true and detailed manner.

3. The written request of the agent shall be answered by the client within ___ days, and the time extension caused by the client shall be the responsibility of the client.

4. During the performance of the contract, delegate the familiar business, know the laws and regulations, work seriously and responsible ______ as the representative of the principal, cooperate with the agent to work 5. Entrust the agency consulting project, such as content, time, etc. have major adjustments, the client The agent shall be notified in writing ______ days in advance in order to adjust the corresponding work arrangements, and the time extension caused by the client shall be the responsibility.

6. The client shall not disclose any 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 and tendering agency for record after signing the contract.

8. Bear the economic loss of the agent due to his negligence.

9. The Principal and its staff shall not accept or claim rebates, benefits, gifts, securities and other gifts to the agent in any form; the agent shall not be reimbursed for the expenses payable by the individual.

10. Other work that the principal should complete:

V. The rights of the agent

1. The right to refuse human intervention in violation of national laws, regulations and rules and the relevant provisions of the administrative department of construction.

2. According to the relevant laws and regulations of the state, handle the bidding of the commissioned project within the scope of authorization.

3. The right to propose replacement of the incompetent personnel who are incompetent or have other reasons not to participate in the bidding activities.

4. If certain conditions and requirements of the principal do not comply with current laws, regulations or procedures, the agent may recommend the client to make changes. If the refusal is not modified, the agent has the right to terminate the performance of the contract unilaterally.

5. In addition to the package proposal, the bid-winning notice and the written report on the bidding situation, the client shall sign and seal the signature, the winning bid notice shall be affixed with the official seal of the agent, and the information and files formed by the self-developed package proposal to the written report on the bidding situation shall be filed. All must be signed by the agent.

6. Obligations and responsibilities of the agent

1. Engage in bidding agency activities in accordance with national laws and regulations and the relevant provisions of the construction administrative department.

2. To provide the bidding agency service to the entrusting party within the scope of entrusted authorization, and not to transfer the bidding agency service determined in this contract to a third party.

3. Obligation to provide the bidding plan and related bidding materials to the entrusting party, and do a good job in explaining relevant laws, regulations and rules.

4. If the agent's staff has any interest in the project with potential bidders, they should take the initiative to evade.

5. Do not disclose any information that should be kept confidential in accordance with the agency activities.

6. Responsible for the technical solutions, data parameters, and technical and economic analysis conclusions proposed in the agency process.

7. The agent set up a bidding agency project team and appointed ______ as the project team leader to be responsible for the tendering agency work of the project. For the composition of the project team, see Attachment File 1.

8. The economic losses caused by the unilateral negligence of the agent shall be compensated to the client. The total amount of compensation shall not exceed the total amount of construction project bidding agency service fees.

9. The agent contract cannot be performed in whole or in part due to force majeure, and the agent is not responsible.

10. Agents may not use unfair means such as bribery, giving other interests or defaming others to compete.

VII. Charging of bidding agency service fees

1. According to the current national fee collection policy, determine the amount of the bidding agency service fee according to the following calculation method:

2. The payment of the bidding agency service fee is based on the following ______ method.

Paid by the principal.

The bidder agrees to pay by the winning bidder.

If the bidding agency service fee is paid in the first way, the bidding file must be stated and included in the bid price.

3. Time for payment of bidding agency service fee:

8. The time requirement for the client to complete the contents of the contract for the agent

1. Agent work start time: ________________________________________

2. Agent work completion time: _____________________________________ The time delay caused by the non-agent reason, the end time is extended accordingly; the agent end is subject to the completion time.

Nine, breach of contract and settlement of disputes

1. The loss caused by one party's breach of contract shall be borne by the defaulting party. When the other party requests the defaulting party to continue to perform the contract, the defaulting party shall continue to perform the contract after undertaking the above-mentioned breach of contract liability.

2. If the third party loses due to breach of contract, the defaulting party shall compensate the third party for damages on the basis of compensation for the loss of the other party.

3. When both parties change the terms of the agency contract, they must sign a supplementary contract clause. The supplementary contract clause has the same legal effect as the main contract as an integral part of the agency contract.

4. When the principal and the agent have a dispute during the performance of the contract, they may settle or request the relevant competent department to mediate. If one party is unwilling to reconcile, mediate or reconcile or mediate, the parties may choose the following ______ method to resolve the dispute:

Both parties are directed to the ______ Arbitration Commission for arbitration.

Prosecuted to a people's court with jurisdiction.

X. Copies of the contract The two parties agree that the original of the contract is in triplicate. Each party shall hold one copy and submit it to the bidding supervision agency for a copy of ______ copies, each holding ______ copies.

Additional Terms:__________________________________________________

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