County Power Supply Bureau Contract Management Measures

Chapter 1 General

The first is to strengthen the contract management work, standardize and constrain the business operations of the enterprise, reduce and avoid losses caused by improper contract, and safeguard the legitimate rights and interests of the Bureau. According to the "Contract Law of the People's Republic of China" and relevant national laws and regulations, "Guangdong The Measures for the Administration of Contracts of Provincial Power Grid Corporations and the Measures for the Administration of Contracts of Meizhou Power Supply Bureau, in conjunction with the actual situation of Pingyuan County Power Supply Bureau, formulate these Measures.

Article 2 These Measures shall apply to the Bureau and its multi-enterprise enterprises.

Article 3 In any business activity conducted in the name of the bureau, matters involving a target amount of more than 50,000 yuan, or involving economic and security aspects that have a significant impact on the economic and social interests of the bureau, must be signed with the parties. Written contract.

Article 4 All types of economic contracts, technology contracts, purchase and sale of electricity contracts, grid-connected agreements and budgets signed between various departments and units within the administrative subordinates of the bureau and other legal persons or other organizations are included in the budget. All the contracts within the budget approved by the network company that are subject to the adjustment of the Contract Law of the People's Republic of China are in compliance with these Measures.

Contracts involving labor contracts, such as labor contracts, are not subject to the adjustment of these Measures. The specific management of labor contracts is carried out in accordance with the Labor Law of the People's Republic of China and the relevant provisions and requirements of human resources.

Article 5 The contract management referred to in these Measures includes pre-contract work, contract review and signing, contract performance and monitoring, contract change and dissolution, contract dispute handling, contract file management, contract inspection and assessment.

Article 6 The contract management implements the principle of combining the centralized management of the contract management department with the business management of the contractor.

Article 7 A major contract is a contract for a batch contract with a total amount of more than 200,000 yuan; a power purchase contract signed with a power generation enterprise; and other contracts that have a significant impact on the bureau.

Article 8 No one may disclose the commercial or technical secrets involved in the contract in any form.

Chapter II Contract Management Organization and Responsibilities

Article 9 The office of the bureau is the contract management department of the bureau, and is responsible for the contract management of the bureau.

The duties of the contract management department are:

Implement laws, regulations and rules concerning contracts.

Establish and improve the bureau contract management system.

The contract of the Supervisory Bureau is signed according to law and by law, and is responsible for the legal review work before the signing of the contract, and is responsible for the registration, stamping and archiving of the contract.

The implementation, change and release of the supervision and inspection bureau contract shall be reported to the principal responsible person of the bureau in a timely manner.

The contract and contract related materials filed with the contract management department shall be examined, sorted, numbered, registered, and kept.

When a contractual dispute arises outside the bureau, it participates in negotiation and mediation, and goes to relevant authorities to handle arbitration, litigation and other related matters.

Assist the relevant departments to recover the contract claims.

Complete other contract management tasks assigned by the leadership.

Article 10 The contractual undertaking department shall be designated by the leadership of the bureau or determined according to the division of responsibilities of the department. The contractual contractor must set up a full-time contract management personnel to be responsible for drafting, reviewing, registering, and archiving contracts.

The main responsibilities of the contractor:

Responsible for intentional contact, credit investigation, and business negotiation before the signing of the contract.

Responsible for drafting the contract, and promptly submit the contract drafted to the contract review department for review in accordance with the provisions of these Measures. The basis for drafting the contract must be sufficient, and a written file or instructions must be provided.

The contract concluded by the bidding method shall be accompanied by a description of the economic, technical, feasibility and safety of the contract before it is submitted for review.

The economics of the contract: the market demand is true, the market demand forecast is reliable and reasonable, and the input and output accounting is economic and accurate.

The technical nature of the contract: the engineering technology is based on real and reliable, the technical measures are complete and feasible, and the parameters of the technical standards are scientific, authentic and reliable.

The feasibility of the contract: the overall project technology is operational, the economic or social benefits are authentic, and the contract is operational.

The security of the contract: the intellectual property rights involved have taken corresponding protection restrictions, which will not damage the business reputation, trade secrets and other interests of the bureau.

Responsible for the authenticity of the materials provided.

Supervise and inspect the performance of the contract.

The contract management department is timely reflected the contractual performance issues.

Participate in negotiation, mediation, arbitration, preparation of litigation and aftermath of contract disputes.

Article 11 The contract shall be drafted in principle by the party or by the party.

The basic principles of the drafted contract require:

1. The other party has the qualification to sign.

2. Content complies with legal and policy requirements.

3. The other party has the ability to perform.

4. The other party did not exceed the scope of business and the scope of authorization of the operator.

5. The terms are complete, the text is accurate, and the signing procedures are complete.

The draft contract must have the following main terms:

1. Subject.

2. Quantity and quality requirements.

3. Price or remuneration and settlement method.

4. The time limit, place and method of performance.

5. Signing time and location.

6. Other rights and obligations of both parties to the contract.

7. Liability for breach of contract.

8. Dispute resolution.

When the other party drafts the contract, the competent departments of the business should carefully scrutinize the contents and terms of the contract and seriously discuss the revision.

If the state, industry authorities, Guangdong Power Grid Corporation or Meizhou Power Supply Bureau have promulgated the contract model text, it shall be submitted by the relevant business department of the bureau and issued and used by the bureau after review and confirmation by the contract management department.

In the absence of a model text issued by a competent national or industry authority, the contract text to be reused multiple times shall be drafted by the relevant business department of the bureau, and shall be issued by the bureau after being examined and finalized by the contract management department.

&

Nbsp; Article 12 The Bureau shall set up a project bidding leading group and set up a project bidding working group.

The bidding working group is responsible for the temporary establishment of the contractual contracting department according to different projects.

Article 13 For the project that implements bidding and tendering, the contract management department shall, in addition to the provisions of Article 8 of these Measures, undertake the following tasks in accordance with the work requirements of the contractual contracting department:

Responsible for the review of the tender or tender.

Participate in bidding.

Participate in the drafting and negotiation of the contract.

Chapter III Contract Review, Approval and Signing

Section 1 Review and Approval of Contracts

Article 14 Before the contract is signed, the contractual contractor shall, after understanding and investigating the subject qualifications and credits of the other party to the contract, write out the contractor's opinions, and send the relevant real information together with the contract text to the contract review agency for review. .

The situation of the contractor's understanding and investigation and verification includes:

The legality of the subject qualification: the “Business License of Enterprise Legal Person” or the “Business License” with annual inspection, the content of the verification is consistent with the actual situation.

If the contract is to be signed, it shall be in accordance with the business scope of the parties. If the license is involved, it shall have the corresponding license, grade and qualification certificate.

Where an agent signs a contract, it shall issue a factual and valid "Certificate of Legal Representative's Identity", "Power of Attorney for Legal Representative" and "Certificate of Identity of Agent".

Have the corresponding ability to perform: have the ability to pay or production capacity or transportation capacity. The amount of the contract is more than 200,000 yuan and the subject matter is prepayment. When the credit status of the contract is uncertain, it must be required to issue a balance sheet, a certificate of funds, and a capital verification report signed by the certified public accountant.

With performance credit: the past three years of heavy contract, keeping promises, no breach of contract facts, there are no major economic disputes or major economic crimes.

If the performance of the contracting party’s performance or credit status is flawed, it shall not be signed with the contract; when the contract must be signed, it shall be required to provide legal, authentic and effective guarantees. Among them, the guarantees in the form of guarantees must have An independent economic entity that is responsible for liquidity and shall be subject to review by the guarantor in accordance with the provisions of the preceding paragraph.

The various files listed above are indispensable accessory files for the contract. If the text is a copy, the words “check with the original” must be added and signed by the verification person.

Article 15 The contract review agency consists of the contract management department and the finance department. Before the contract is formally signed, the contractor shall submit the draft contract and related materials and the opinions of the department to the contract review agency for review. The contract review agency may request the contractor to provide supplementary materials as needed.

Article 16 The contents of the financial department's review include:

The legality of funds and assets:

1. The source of funds is legal and the ownership of the assets is clear and legal.

2. The approval procedures for the use of funds and the use of assets are legal.

3. The use of funds and assets and the way they are used are legal.

The financial feasibility of the use of assets and funds.

The reasonableness and legitimacy of the price, remuneration and settlement method.

1. The determination of the price and the remuneration is reasonable and legal.

2. Fund settlement and payment methods are clear, specific and legal.

3. Other considerations related to funds, assets, etc.

The legality of the claim clause.

Other content that the finance department believes needs to be reviewed.

Article 17 The contents of the contract management department responsible for the review mainly include:

The legality of the contract:

1. The legality of the subject: According to the relevant materials submitted by the contractor, the contracting parties have the ability and capacity to sign the contract.

2. The content is legal: the signing parties mean that they are true and effective, they have no laws, regulations and policies, and they do not harm the interests of the state, the collective or the third party, and there is no circumvention of the law and the content that is unfair. The contract is not prohibited by the state. Non-permitted business or behavior not permitted by law or policy.

3. Formal legality: If the procedures for approval, registration, certification, notarization, etc. should be handled in accordance with the law, the corresponding legal formalities shall be performed.

4. The legality of the contracting program.

The rigor and completeness of the contract:

1. The terms are complete and complete.

2. The text is clear and accurate, and the language is logically rigorous.

3. The rights and obligations set are specific and exact.

4. The corresponding procedures are complete.

5. The relevant subsidiary files are complete.

6. The conditions or the time limit are appropriate and legal.

Other content that the contract management department believes needs to be reviewed.

Article 18 The process of reviewing the contract of the bureau is as follows:

The contract undertaker shall stipulate the permission according to the “Entrustment Form for the Foreign Contract of Pingyuan County Power Supply Bureau”, and conduct negotiations and negotiations, credit review, participation in bidding and bidding, and drafting of contract texts. If the contractor needs legal assistance, he may request legal advice from the bureau's legal counsel.

According to the nature of the contract, the contractual contractor chooses to fill out the “Pingyuan County Power Supply Bureau Material Purchase Contract Approval Form”, “Pingyuan County Power Supply Bureau Overhaul, Technical Reform Project Contract Approval Form” or “Pingyuan County Power Supply Bureau Other Contract Approval Form” The person in charge of the contractor first signs the department's opinion on the "contract approval form" and signs the official seal of the department. If it is undertaken by more than two departments, it shall sign and seal separately.

The contractual contractor will submit the "Contract Approval Form", the contract text, the other party's "Enterprise Legal Person Business License" or "Business License", "Legal Representative's Identity Certificate" or "Power of Attorney" original, qualification certificate, and bidding documents. The original or inquiry sheet, plan or financial budget certificate shall be submitted to the contract management department for review, and the contract management department shall register the contract text after the review is correct.

The amount of a single contract is RMB 200,000

The following contracts, power purchase contracts and grid-connected agreements are reviewed as follows: The contractual contractor submits the “Contract Approval Form”, the contract text and the above-mentioned relevant materials to the financial department and the contract management department for review, and the financial department and contract are reviewed without errors. The person in charge of the management department signs the department's opinion and signs the official seal of the department.

The contract with a single contract amount of RMB 200,000 or more shall be examined according to the review process: the contractual contractor shall send the “Contract Approval Form”, the contract text and the above-mentioned relevant materials to the Finance Department and the contract management department for review, signed by the responsible persons of the above two departments. The department's opinion, signature and stamped the official seal of the department.

Article 19 The time for review by each review department shall not exceed three working days from the date of receipt of the draft contract. When the review department needs to extend the examination time in special circumstances, it shall affirm and obtain consent from the undertaker, and the cumulative examination time after extension shall not exceed five working days.

The review department shall issue a review opinion on the contract for review, and the opinion must have the signature of the person in charge of each review department and the specific reviewer. For the draft contract that is not perfect in the review process, the principal responsible person of the bureau may refuse to sign.

Article 20 The contractual undertaking department shall explain and explain the opinions put forward by the contract review department, and modify and improve the draft contract. After the contractor has revised the contract, it shall resubmit it to the contract review department for review.

Article 21 The contractual review department shall be examined and approved by the contracting department with the “Contract Approval Form” together with the contract text, subsidiary files and relevant materials.

The approval of the leadership of the bureau is:

The contract with a target amount of RMB 200,000 or less shall be approved by the main responsible person of the bureau in charge of the leadership.

The contract and the major contract with a target amount of RMB 200,000 or more shall be examined and approved by the principal responsible person of the bureau.

The electricity purchase contract signed with the power generation enterprise shall be examined and approved by the main person in charge of the bureau.

Article 22 If the contract is drafted into an engineering contract involving infrastructure construction, overhaul, technical renovation and maintenance projects for production safety, a safety contract must be signed at the same time, and the contract shall be handled in accordance with the relevant provisions of the bureau's safety supervision department.

Article 23: Providing external guarantees, loans, major asset disposals, mergers of enterprises, separation of enterprises, contracts exceeding the approved budget range or other major contracts that affect the long-term operation of the Bureau shall be examined and approved by the bureau contract review department. After the main responsible person examined and approved, the “Pingyuan County Power Supply Bureau Contract Approval Form” was submitted to the Meizhou Power Supply Bureau for approval.

Section 2 Signing and Authorization of the Contract

Article 24 After all the contracts have been approved, the contractual contracting department will send the contract text together with the “contract approval form” signed by the relevant department to the signatory of the contract.

Article 25 Division and Authorization of Contract Signing Permissions:

A contract with a target amount of less than RMB 200,000 may be authorized to be signed by the department head.

The contract with a target amount of RMB 200,000 to 500,000 yuan may be authorized to be signed by the branch in charge.

The contract with a target amount of more than RMB 500,000 is authorized by the principal responsible person of the bureau to sign.

The power purchase contract signed with the power generation company shall be signed by the main person in charge of the bureau.

Article 26 The authorized signatory of the contract must go through the Power of Attorney for Legal Representative.

Article 27 The functional departments and subordinate units of the bureau may not sign contracts with the name of the department or subordinate units.

Article 28 The contract shall use the special seal of the contract for the signing, modification and termination of the contract.

After the contract is signed, the contract management department shall be sent to the contract management department to stamp the special contract for the contract. The major contract that complies with the provisions of Article 25 of these Measures shall also be attached to the Contractual Approval Department for the contractual approval department to affix the special contract for the contract.

Article 29 The special seal of the contract shall be kept by the contract management department. No department or personnel may borrow or substitute the contract, and the consequences of the violation of the regulations shall be the responsibility of the seal custodian; if any loss occurs, it shall be reported and dealt with in a timely manner.

Chapter IV Implementation of the Contract

Article 30 The performance of the contract shall be the responsibility of the contractual undertaking department. Before the contract takes effect, it may not be actually performed. After the contract takes effect, it shall be performed in strict accordance with the contract.

Article 31 For the contract involving payment, the approval system and procedures for payment shall be separately formulated by the finance department.

Article 32 The contractual undertaking department must submit the “Report on the Implementation of the Contract of Pingyuan County Power Supply Bureau” to the contract management department as required.

The contractor shall fill in the “Financial Implementation Completion Statement of Pingyuan County Power Supply Bureau” in a timely manner within one week after the completion of the contract, and submit it to the contract management department for record.

If the contract cannot be fulfilled within the time limit stipulated in the contract, the contractor shall fill out the “Contract Performance Statement” to the contract management department 15 days before the expiration of the contract, stating the reasons why the contract failed to be fulfilled within the prescribed time limit, and propose Handle comments.