Project cost consulting service unit tender announcement.
Release time:
2023-10-11 09:18
Source:
Sichuan Hanjiang New Materials Co., Ltd. (the tenderer) intends to invite tenders for the audit unit of civil construction and installation completion settlement. According to the provisions of the "Administrative Measures for Consulting Enterprises (2020 Edition)", the project cost consulting agencies that meet the requirements of this tender are hereby invited to participate in the selection of the best for this project.
Basic Information of 1. Bidding Projects
1. Project Name: 500000 Tons/Year Food Grade PET Polymer New Material Project Civil Engineering and Installation Completion Settlement Audit
2. Construction site: Qinghong Road, Jinshan Industrial Park, Luojiang District, Deyang City
3. Construction scale: about 0.14 billion yuan.
4. Regardless of the time delay caused by any reason, the service fee reported by the applicant of the consulting service unit has been considered in the quotation. If there is a time delay, the service fee will not be increased.
2. funds: self-raised by enterprises
basic requirements for the qualifications of 3. applicants:
Qualification and qualification requirements of (I) consulting service units:
1, has the ability to independently bear civil liability;
2, with good business reputation and sound financial accounting system;
3, with the necessary equipment and professional and technical capabilities to perform the contract;
4, has a good record of paying taxes and social security funds in accordance with the law;
5. There is no major illegal record in the business activities within three years before participating in this procurement activity;
6. Other conditions stipulated by laws and administrative regulations.
(II) the qualification requirements to be met for the implementation of the government procurement policy:
1. Established in accordance with the law, with the corresponding qualification for practice;
2. Operate legally, practice in accordance with the law, abide by laws and regulations, professional ethics and practice standards, and have a good social reputation;
3. Passed the annual inspection of relevant departments according to regulations;
4. The intermediary services provided in the past three years have not been notified by the Municipal SASAC due to major issues such as the quality of practice;
5. In the process of providing services, if one of the following circumstances exists, the selection unit shall not employ it to engage in
Intermediary services: fraud, malicious collusion, fraud and other serious acts of dishonesty; respectively accept the entrustment of the opposite party of interest to provide intermediary services with conflict of interest on the same matter; issue false or materially inaccurate business reports; violate the intermediary service contract agreement to cause significant losses to the entrusting party.
6. Other necessary conditions determined according to the actual needs of intermediary services.
(III) special conditions based on procurement items:
1. The bidding units, legal representatives and main managers participating in this procurement activity have no criminal record of bribery in the previous 3 years.
4. the medium in which the announcement is made
This invitation announcement was released in the form of an announcement on the official website of Sichuan Hanjiang New Materials Co., Ltd. (www.schjmaterial.cn).
5. registration time and registration method
Registration time: 9: 00 on October 11, 2023 (Beijing time) to 17: 30 on October 15, 2023 (Beijing time).
Registration method: This announcement adopts e-mail registration. After the applicant completes the form according to the content, the application form will be sent to the yanglei@schj-material.com mailbox before the deadline for registration. It will not be accepted after the deadline.
Deadline for submission of application documents and bidding time for 6.: 18: 00 on [October] [19] 2023 (Beijing time).
7. Submission of Application Documents and Place
Submission of application documents: must be delivered to the bidding site before the deadline for submission of application documents. Late delivery, sealing and incorrectly marked response documents will not be accepted.
Bidding place: Sichuan Hanjiang New Materials Co., Ltd.-Supply Chain Management Department.
Mailing address: Jinshan Town, Luojiang District, Deyang City, Sichuan Province, intersection of Qingxin Road and Qinghong Road (Sichuan Hanjiang New Materials Co., Ltd.)
8. Applicant Qualification Examination
The bidding team composed of the project bidding unit conducts qualification review for each applicant. All applicants who pass the qualification review will enter the quotation link; if there are less than two applicants who pass the qualification review, the bidding activity will be terminated.
9. engineering cost consultation basis
Including but not limited to "the People's Republic of China Construction Law", "Interim Measures for Settlement of Construction Project Price", "Regulations for Compilation and Examination of Construction Project Settlement", project settlement review entrustment contract, complete and effective project settlement book, construction project construction contract, project construction drawing and as-built drawing, design change, claim and site visa, surveying and mapping drawing, relevant meeting minutes, project materials and equipment price recognition sheet, and additional (reduced) project confirmed by both parties all laws, regulations and departmental rules related to the completion settlement audit, such as the price, the approved opening and completion report or the report of suspension and resumption of work, the records of spot checks, and other relevant information affecting the project price.
10. Bid Bond and Performance Bond (Material Requirements)
The bid bond is (RMB) 10000.00 yuan (in words: 10,000 yuan only), and the deadline for payment is 17: 00: 00 on [15] of 2023 [10] (Note: the basic account of the bid applicant shall be transferred to the account designated by the tenderee). The bid bond shall be returned to the bidder's account within 15 working days after the bid is completed and the winning bidder signs the formal contract. If the bid fails, all bidders will be refunded within 10 working days.
Note: The bidder will send the payment voucher to the bidding contact person after paying the bid bond.
Name of payee: Sichuan Hanjiang New Material Co., Ltd.
Collection account number: 117230915252
Name of bank: Luojiang Sub-branch of Bank of China Limited
Bank number: 104658539207
The bid bond of the winning unit shall be converted into the contract performance bond after winning the bid, and the performance bond shall be returned within 10 days after the end of the contract performance.
XI. Format Requirements (See Annex for details)
12. Requirements of the Applicant:
Provide audit plan and work ideas in the bidding process.
13. Quotation and other requirements
1. There shall be no collusion in the quotation process. If collusion is found, the application documents shall be invalidated.
2. The application documents shall be sealed and submitted to the tenderee within the specified time. All pages of the application documents must be stamped with fresh stamps.
3. The maximum service cost of the project shall not exceed the charging standard in Article 11 of the document of Sichuan Provincial Price Bureau (Sichuan Price Bureau [2008] No. 141); The benefit fee shall not exceed 5% of the deduction.
XIV. Calibration Method
A comprehensive scoring method is used to determine the winning consulting service unit.
XV. Signing of Contract Agreement
1. The winning bidder shall sign a written contract with the tenderee within 5 working days from the date of issuance of the Letter of Acceptance. If the winning bidder fails to sign a procurement contract with the tenderee within the time limit due to the reasons of the winning bidder, it shall be deemed to have given up the winning bid, canceled its qualification for winning the bid, and confiscated the bid bond.
2. The tenderee shall not put forward any unreasonable requirements to the winning bidder. As a condition for signing the contract, it shall not enter into any agreement with the winning bidder in private that deviates from the substantive content of the contract. The signed contract shall not make substantive changes to the bidding documents and the winning bidder's bidding documents, that is, it is strictly prohibited to adjust the services, quotations and other contents of the winning project by itself.
XVI. Contact Information
Tenderee: Sichuan Hanjiang New Material Co., Ltd.
Address: Qinghong Road, Jinshan Town Industrial Park, Luojiang District, Deyang City
Zip Code: 618500
Contact: Yang Lei
Tel: 0838-6119900
Note: Sichuan Hanjiang New Materials Co., Ltd. is responsible for the interpretation of this announcement.
Comprehensive Scoring Details
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Serial Number |
Scoring Factors and Weights |
Score |
Scoring criteria |
Say Ming |
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1 |
Quotation35% |
35 points |
Meet the requirements of this bidding document, and the price of the consulting service unit with the lowest final quotation is divided into full marks.35 points; The rest of the unit price, each 1% higher, deducted 3 points. |
Common scoring factors |
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2 |
Project understanding, understanding and analysis of key and difficult points9% |
9 points |
According to the consulting service unit's understanding, understanding and difficulty analysis of this project (including but not limited① project understanding; ② analysis of important and difficult points; ③ solutions to important and difficult points), 9 points for those with comprehensive content, strong feasibility, strong pertinence, and fully meeting or better than the actual needs of the project, and 3 points for those with missing items, missing items or items that do not meet the actual needs of the project, until the deduction is completed. |
Technical scoring factors |
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3 |
Overall Service Plan10% |
10 points |
According to the overall service plan provided by the consulting service unit for the project.[Including but not limited to ① service objectives; ② service work arrangements; ③ personnel arrangements; ④ follow-up audit principles and basis; ⑤ follow-up audit workflow (procedures);⑥ follow-up audit efficiency assurance measures; ⑦ follow-up audit dispute handling methods; ⑧ emergency handling,Comprehensive content, strong feasibility, strong pertinence, fully meet or better than the actual needs of the project.10 points, there are missing items, missing items or a deduction that is not in line with the actual project2 points, until the deduction is completed. |
Technical scoring factors |
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4 |
Quality Control Scheme10% |
10 points |
According to the quality control plan provided by the consulting service unit for this project (including but not limited① service quality control measures; ② rationalization proposals in the implementation process),Comprehensive content, strong feasibility, strong pertinence, fully meet or better than the actual needs of the project.10 points, there are missing items, missing items or a deduction that is not in line with the actual project2 points, until the deduction is completed. |
Technical scoring factors |
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5 |
internal management system10% |
10 points |
According to the internal management system provided by the consulting service unit for this project (including but not limited① Operation rules; ② Responsibilities of each department; ③ Confidentiality system; ④ Review system; ⑤ Risk management system; ⑥ File management system; ⑦ Professional discipline management system),Comprehensive content, strong feasibility, strong pertinence, fully meet or better than the actual needs of the project.10 points, there are missing items, missing items or a deduction that is not in line with the actual project2 points, until the deduction is completed. |
Technical scoring factors |
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6 |
Schedule Control Scheme6% |
6 points |
According to the progress control plan provided by the consulting service unit for this project (including but not limited① schedule arrangement; ② progress guarantee measures for important links),Comprehensive content, strong feasibility, strong pertinence, fully meet or better than the actual needs of the project.6 points, there are missing items, missing items or a deduction that is not in line with the actual project2 points, until the deduction is completed. |
Technical scoring factors |
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7 |
Stavisioning10% |
10 points |
1. Project leader: 3 points for national registered cost engineer or first-class registered cost engineer qualification, 1 point for intermediate technical title and 1 point for senior and above technical title, up to 5 points for this item. |
Common scoring factors |
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2. Other full-time technical personnel: 1 point for each person with a national registered cost engineer or a first-class registered cost engineer, and 1 point for a senior technical title. This out of 5 points. |
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Note: All the above personnel are not allowed to score repeatedly and provide relevant certification materials. |
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8 |
Performance10% |
10 points |
Consulting Service UnitFrom January 1, 2020 to the deadline for submission of response documents, 2 points shall be awarded for each project completion settlement audit performance, and 10 points shall be awarded for this item at most; |
Common scoring factors |
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Note: Provide a copy of the contract or agreement, and the time for performance confirmation shall be subject to the time of signing the contract. |
Annex 1
Qualifying Document Cover
Ben
Qualification Documents
Project Name:
Document No:
Name of Applicant (Seal):
Legal representative or his agent (signature):
Date: Month 20
1. participation in this activity statement
sichuan hanjiang new material limited company:
According to your company's bidding documents ", project number" "project bidding, we voluntarily participate in this bidding activity organized by your company. To this end, I direction your unit to make the following guarantee:
1. We will strictly abide by the relevant laws and regulations.
2. We have carefully read all the contents of the announcement, will make a substantial response to this activity, and will not maliciously quote (obviously higher than the market price or lower than the cost price).
3. We accept the requirements of the applicant's notice, bear all the expenses related to participating in this bidding activity, and promise that it will be binding on us within the validity period.
4. This statement is also in the nature of a power of attorney for the legal representative. The authorized representative is entrusted by the legal representative of the Company to be our legal representative to participate in this bidding activity and to handle all matters related to the negotiation, quotation, contract signing and contract execution of the project in our name.
5. We agree to provide all data and information related to negotiation and quotation according to your requirements, and ensure its authenticity and legality.
6. The validity period is 30 days from the date of opening the response document.
The official communications in connection with this tender are:
Address: Zip Code:
Telephone: Fax:
hereby declare.
Legal representative or authorized representative (signature or personal seal):
Name of Applicant: (Seal)
Date: Month, Year
2. relevant supporting document format
2-1
Qualification Certificate of Legal Representative
Unit Name:
Address:
Name: Gender: Age: Title:
I am the legal representative of (the name of the applicant). For the quotation of the project number (project number) (project name) organized by your organization, sign the application documents of the above-mentioned project and the execution, completion, service and warranty of the contract, sign the contract and handle all matters related to it.
It is hereby certified.
(※ here please attach a copy of the legal representative ID card ※)
Legal representative (signature or personal seal):
Name of Applicant: (Seal)
Date: Month, Year
Note: If the legal representative participates in the quotation of this project, only this certificate must be issued.
2-2
Power of Attorney of Legal Representative
This authorization statement: registered in (place of registration) (name of applicant) (name and position of legal representative) on behalf of the company authorized (name of company) (name and position of authorized person) is the legal agent of the company, for participating in the project number (project number) organized by your company (project name) this project quotation, contract signing and contract execution, completion and service, in the name of the company to deal with all matters related to it, the legal consequences arising from the company shall be borne by the company.
This power of attorney is signed and effective on the date of the year, and there is no right to delegate, and it is hereby declared.
Agent: Gender: Age:.
Unit: Department: Position:.
(※ here please attach a copy of the legal representative ID card ※)
(※ here, please attach a copy of the ID card of the authorized person for ※)
Legal representative (signature or personal seal):
Authorized representative (signature or personal seal):
Name of Applicant: (Seal)
Date: Month, Year
Note: If the authorized client of the legal representative participates in the quotation of this project, only this power of attorney must be issued.
3. enterprise legal person: provide "copy of unified social credit code business license"; enterprise legal person: provide "copy of unified social credit code legal person registration certificate"; other organizations: provide "copy of unified social credit code social organization legal person registration certificate" or "copy of unified social credit code private non-enterprise unit registration certificate" or "copy of unified social credit code foundation legal person registration certificate"; individual industrial and commercial households: provide a "copy of the unified social credit code business license" or "business license, tax registration certificate". (All copies)
3. Commitment Letter
sichuan hanjiang new material limited company:
As the applicant of this project, our company solemnly promises as follows according to the requirements of the bidding documents:
1. meet the conditions specified in this project:
The (I) has the ability to bear civil liability independently;
(II) have a good business reputation and a sound financial accounting system;
The (III) has the necessary equipment and professional technical ability to perform the contract;
(IV) have a good record of paying taxes and social security funds in accordance with the law;
There is no major illegal record in the business activities within three years before the (V) participates in the activity;
(VI) other conditions stipulated by laws and administrative regulations;
2. participate in this activity, there is no other applicant who is the same person as the person in charge of the unit or has a direct holding or management relationship to participate in the activities under the same contract.
3. participate in this activity, there is no act of entrusting the same natural person, the same family, and the same unit as the agent in the project under the same contract with other applicants.
If the 4. has any dishonesty behavior recorded in the credit China dishonesty list, it will be fully and truthfully reflected in the response document.
5. any materials and technical, service, business and other response commitments provided in the application documents that can bring preferential treatment and benefits to our company are true, effective and legal.
The Company is responsible for the authenticity of the above commitments. If it is verified that the contents of the above commitments are false, our company is willing to accept the legal responsibility of providing false materials to seek the election.
Name of Applicant: (Seal)
Legal representative or authorized representative (signature or personal seal):
Date:
4. provide financial statements for 2021 or 2022 (if the enterprise has been established for less than one year, provide financial statements for the unit since its establishment)
5. other information that the applicant considers should be provided (in self-prepared format)
1. Provide qualification certification materials;
(2) business license;
3. Qualification certificate;
4, the handling personnel qualification certificate (copy);
.......
Technical and service response document cover
Ben
Technical and service response documents
Project Name:
Document No:
Name of Applicant (Seal):
Legal representative or his agent (signature):
Date: Month 20
1. Quotation Letter
sichuan hanjiang new material limited company:
We have comprehensively studied the bidding documents for the "" project and decided to participate in the quotation for this project organized by your organization. We authorize (name and position) to handle all matters related to this project on behalf of us (name of applicant unit).
1. We have carefully studied all the contents of the (project name) bidding documents, and the quotation is: according to Article 11 of the notice of Sichuan Provincial Price Bureau and Sichuan Provincial Construction Department on "Charging Standard for Engineering Cost Consulting Services" (Chuan Jia Fa [2008] No. 141), the charging standard *%, and the amount of benefit fee reduction *%.
2. Once we become the winner of the transaction, we will strictly fulfill the responsibilities and obligations stipulated in the contract.
3. One original and one copy of the application documents submitted by us for this project.
4. We are willing to provide the documents and materials related to the bidding that your organization may require otherwise, and ensure that the documents and materials we have provided and will provide are true and accurate.
5. The validity period of this tender is 90 days from the date of opening of the response document.
Name of Bidder: (Seal)
Legal representative or authorized representative (signature or personal seal):
Date:
Basic Information of 2. Applicant's Unit
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Technical Leader |
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Deposit Bank |
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Remarks |
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Name of Applicant: (Seal)
Legal representative or authorized representative (signature or personal seal):
Date:
3. Applicant Table of Management, Technical and Service Personnel of the Project
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Title |
Permanent place of residence |
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Technology operation People Staff |
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Aftermarket Service Personnel |
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Name of Applicant: (Seal)
Legal representative or authorized representative (signature or personal seal):
Date:
4. letter of commitment that has not been recorded in the credit China dishonest list and is valid.
__________________:
This unit (name of applicant), as the applicant of (project name and project number), hereby solemnly promises in accordance with relevant regulations that it has not been recorded in the credit China dishonest list and is within the validity period.
The Company is responsible for the authenticity of the above commitments. If there is a false, will bear the corresponding responsibility according to law.
Name of Applicant: (Seal)
Legal representative or authorized representative (signature or personal seal):
Date:
Note:
If the applicant has been recorded in the credit China dishonesty list, please change the commitment to "the applicant of this unit (the name of the applicant) as (the name and number of the project), and hereby solemnly promise according to relevant regulations that the number of times it has been recorded in the credit China dishonesty list and within the validity period is xx".
Annex 2
Contract No:
Construction Project Cost Consulting Contract
Ministry of Housing and Urban-Rural Development
Formulation
State Administration for Industry and Commerce
Part I Agreement
Client (full name):
Consultant (full name):
In accordance with the Civil Code of the People's Republic of China and other relevant laws and regulations, and in accordance with the principles of equality, voluntariness, fairness and good faith, the parties hereto conclude this contract by consensus on the following construction project cost consultation and other services.
Overview of 1. works
1. Project name:.
2. Project location:.
3. Construction scale: about 0.14 billion yuan.
4. Source of funds: self-financing of enterprises.
II. Service Scope and Work Content
The scope of services and work content agreed by both parties: the project civil engineering, installation project completion settlement audit consulting entrustment.
1.1 civil engineering and installation works: mid-term progress payment review, negotiation change and visa management, price recognition and inquiry work, settlement review and issuance of settlement report.
1.2 other work and outcome documents required to complete the above and full process advisory services.
3. term of service
The construction cost consulting services agreed in this contract shall be terminated from the date of commencement of the project until the completion and acceptance of the project. The service time limit for the follow-up audit of this project is not counted, and the service content agreed in the contract shall prevail. The time limit for the preliminary examination of the completion settlement is 30 days after the submission of the completion settlement data.
4. quality standards
The project cost consultation outcome document shall comply:
1. The error rate of settlement audit results shall not exceed 3%;
2. The error rate of phased results in other processes shall not exceed 3%;
3, in line with the current relevant provisions of the state.
5. engineering cost consulting basis:
The technical standards, specifications, quotas and other work bases applicable to the cost consulting services agreed in this contract are: according to the GB50500-2013 "Construction Project Bill of Quantities Pricing Standard", 2020 "Sichuan Province Construction Project Bill of Quantities Pricing Quota" and related documents, "Construction Project Settlement Editing Regulations", project settlement review entrustment contract, complete and effective project settlement book, construction project construction contract and supplementary agreement and other relevant data, project construction drawing and as-built drawing, design change, claim and site visa, surveying and mapping drawing, relevant meeting minutes, project materials and all laws, regulations and departmental rules related to the completion settlement audit, such as the equipment price list, the additional (reduced) project price confirmed by both parties, the approved opening and completion report or the report of stopping and resuming work, the spot check record, and other relevant information affecting the project price.
6. gratuity or method of calculation
According to the notice of Sichuan Provincial Price Bureau and Sichuan Provincial Construction Department on the charging standard of project cost consulting service (Chuan Jia Fa [2008] No. 141), the charging base is the final completion settlement audit amount of the project.
Benefit fee: The audit benefit fee is calculated as% of the amount of the audit reduction.
7. payment
The client shall pay the corresponding audit fee within 15 days after receiving the project qualified completion settlement audit report and the equivalent valid tax special invoice, and the implementation of the first invoice after payment, the consultant does not provide the invoice, the client has the right to refuse payment and does not constitute any liability for breach of contract. The time limit for the preliminary examination of the completion settlement is within 30 days after the submission of the completion settlement data.
Composition of 8. Contract Documents
This Agreement, together with the following documents, constitutes the Contract Document:
1. Notice of winning the bid (closing) or power of attorney (if any);
2. Letter of tender and appendix to the letter of tender or proposal for cost consulting services (if any);
3. Special conditions and appendices;
4. General conditions;
5. Other contract documents.
The above-mentioned contract documents include the supplements and modifications made by the parties to the contract. Documents belonging to the same category shall be subject to the latest signed document. The contract-related documents (including supplementary agreements) formed during the conclusion and performance of the contract constitute an integral part of the contract documents.
Definition of 9. words
The relevant words in the Agreement shall have the same meaning and interpretation as in the General Conditions.
10. contract formation
1. Date of conclusion: 2023.
2. Place of establishment: Luojiang District, Deyang City.
XI. Entry into force of the contract
This contract shall come into force after being sealed and signed by both parties.
XII. Number of Copies of Contract
1. This contract is made in quadruplicate with the same legal effect, of which the client holds two copies and the consultant holds two copies.
Client (Seal): Consultant (Seal):___________
The legal representative or its authorized legal representative or its authorized
Agent (Signature) :_________ Agent (Signature):_________
Organization Code: Organization Code:
Taxpayer ID: Taxpayer ID:
Domicile: Domicile:
Account Number: Account Number:
Deposit Bank: Deposit Bank:
Postal Code:
Telephone: Telephone:
Fax:
Part II General Conditions
1. Language definition, order of interpretation and applicable law
1.1 definitions of words and expressions Throughout the documents forming the Contract, the following terms and expressions shall have the meanings assigned to them in this Clause:
1.1.1 "Project" means a construction project for the implementation of cost consulting and other services in accordance with this contract.
1.1.2 "Project cost" refers to the total cost of the expected or actual expenditure during the construction of the project.
1.1.3 "Principal" means the party entrusted with cost consulting and other services in this contract, and its legal successor or assignee.
1.1.4 "Consultant" refers to the party providing cost consulting and other services in this contract, and its legal heirs.
1.1.5 The "third party" refers to the parties related to the consulting business except the client and the consultant.
1.1.6 "Normal work" refers to the work of the consultant as agreed in the conditions of use and special conditions at the time of the conclusion of this contract.
1.1.7 "Additional work" refers to work performed by the consultant in addition to normal work under the terms of the contract.
1.1.8 "Project Consulting Team" means the team assigned by the Consultant to perform this Contract, whose team members are the Project Consultants of this Contract.
1.1.9 "Project Leader" refers to the person in charge who is authorized in writing by the legal representative of the consultant to perform the contract and preside over the work of the project consulting team within the scope of authorization.
1.1.10 "Client representative" refers to the person authorized by the legal representative of the client in writing to exercise the rights of the client within the scope of authorization.
1.1.11 "Remuneration" means the amount paid by the Client to the Consultant in accordance with this Contract for the performance of the Consultant's obligations under this Contract.
1.1.12 "Normal work remuneration" means the remuneration that the consultant shall pay to the consultant for the completion of normal work as stated in the agreement.
1.1.13 "Additional work remuneration" means that the consultant completes the additional work and the client shall pay the consultant's remuneration.
1.1.14 "Written form" means a form of contract, letter and data message (including telegram, telex, fax, electronic data interchange and e-mail) that can tangibly express the contents contained therein.
1.1.15 "Force Majeure" refers to the natural disasters and social emergencies that are unforeseeable at the time of the conclusion of this contract, unavoidable and insurmountable in the course of the performance of the contract, such as earthquakes, tsunamis, plagues, floods, riots, riots, wars, etc.
1.2 language
This contract is written, interpreted and illustrated in Chinese. If the special conditions agree to use two or more languages, the Chinese language shall prevail.
Priority of 1.3 Contract Documents
The following documents forming the Contract shall be mutually explanatory and explanatory to each other. Unless otherwise agreed in the Particular Conditions, the contract documents shall be interpreted in the following order:
(1). Agreement
(2). Letter of Acceptance or Power of Attorney (if any);
(3). Special Conditions and Appendices;
(4). General Conditions;
(5). Letter of Bid and Appendix to Bid or Proposal for Cost Consulting Services (if any);
(6). Other contract documents.
The above-mentioned contract documents include the supplements and modifications made by the parties to the contract. Documents belonging to the same category shall be subject to the latest signed document.
The documents related to the contract formed in the course of the conclusion and performance of the contract shall form an integral part of the contract documents.
1.4 applicable law
The Contract shall be governed by the People's Republic of China laws, administrative regulations, departmental rules and local regulations, autonomous regulations, separate regulations and local government regulations of the place where the Project is located.
The parties to the contract may, in the special conditions, agree on other norms, procedures, quotas, technical standards and other normative documents applicable to this contract.
2. Obligations of the Principal
2.1 to provide information
The Client shall provide the Consultant with information related to the consulting business of this contract free of charge in accordance with the provisions of Appendix C within the time agreed in the Special Conditions. During the performance of this contract, the client shall provide the consultant with the latest information related to the consulting business of this contract in a timely manner. The client shall be responsible for the authenticity, accuracy, legality and completeness of the information provided.
2.2 provision of working conditions
The client shall provide the necessary conditions for the consultant to complete the cost consultation.
2.2.1 If the client needs the consultant to be stationed on the project site, unless otherwise agreed in the special conditions, the project consultant has the right to use the house and equipment provided by the client in Appendix D free of charge.
2.2.2 The client shall be responsible for the coordination of all external relations related to the cost consulting business of the project and provide the necessary external conditions for the consultant to perform this contract.
2.3 reasonable working time limit
The client shall set a reasonable working time limit for the consultant to complete his consulting work.
2.4 Client Representative
The Principal shall authorize a representative to be responsible for the performance of this Contract. The Client shall inform the Consultant in writing of the name and scope of authority of the Client's representative within 7 days of the signing of this Contract by both parties. When the client changes the client's representative, it shall notify the consultant in writing 7 days in advance.
2.5 Reply
The client shall, within the time stipulated in the special conditions, give a written reply to the matters submitted by the consultant in writing and requiring a reply. If there is no reply within the time limit, the resulting delay and loss shall be borne by the client.
2.6 payment
The principal shall pay remuneration to the consultant in accordance with the contract.
3. Obligations of consultants
3.1 Project Consulting Team and Personnel
3.1.1 The main personnel of the project consulting team shall have the qualification conditions stipulated in the special conditions, and the number of team personnel shall conform to the special conditions.
3.1.2 The project leader consultant shall authorize a project leader in writing to perform this contract and preside over the project consulting team. Where this contract is signed by bidding procedures, the project leader shall be in accordance with the tender documents.
3.1.3 During the performance of this contract, the consultant shall maintain relative stability to ensure the consulting work.
proceeding normally. The consultant can adjust the project consulting team personnel according to the project progress and work needs. When the consultant changes the project leader, he shall report to the client in writing 7 days in advance, and the replacement can only be made with the consent of the client. Unless otherwise agreed in the special conditions, the consultant should report to the client in writing 3 days in advance to replace other consultants in the project consulting team.
3.1.4 The consultant shall be replaced if the client requires the consultant to be replaced under any of the following circumstances:
(1) the existence of gross negligence;
(2) the existence of illegal acts can not perform their duties;
(3) suspected of committing a crime;
(4) is not competent for the duties of the post;
(5) Serious violation of professional ethics:
(6) Other circumstances as agreed in the special conditions.
Job Requirements for 3.2 Consultants
3.2.1 The consultant shall, in accordance with the time and other requirements stipulated in the special conditions, provide the client with information related to the project cost consulting business, including the qualification certificate of the project cost consulting enterprise, the list of team personnel undertaking the contract business, the qualification certificate of practice (employment), the outline of consulting work, etc., and implement the consulting business according to the service scope and work content stipulated in the contract.
3.2.2 The consultant shall submit the consultation outcome documents to the client within the time agreed in the special conditions in accordance with the number and composition agreed in the special conditions. The provision of cost consulting services by the consultant and the issuance of project cost consulting results documents shall comply with the requirements of the current national or industrial regulations, standards and specifications. If the quality standard of the project cost consultation result document required by the client is higher than the current national or industry standard, the specific quality standard shall be agreed in the special conditions, and the service fee shall be increased accordingly.
3.2.3 In addition to the official seal of the consultant's unit and the practice seal of the project cost consulting enterprise, the project cost consulting achievement documents submitted by the consultant must also be stamped with the practice (practice) qualification seal of the consulting staff as required.
3.2.4 The consultant shall, within the time stipulated in the special conditions, give a written reply to the suggestions or objections put forward by the client in writing.
3.2.5 Consultants engaged in project cost consulting activities shall follow the principles of independence, objectivity, impartiality, honesty and credibility, and shall not harm the public interests and the legitimate rights and interests of others.
3.2.6 The consultant undertakes to complete the construction project cost consulting services within the scope of the contract in accordance with the legal provisions and the contract, and will not subcontract the cost consulting services.
Basis of work of 3.3 consultants
The consultant shall negotiate with the client within the special conditions to clarify the technical standards, specifications, quotas and other work basis applicable to the performance of the consulting services agreed in this contract, but shall not violate the mandatory standards and specifications of the country and the location of the project.
The consultant shall provide the technical standards, specifications, quotas and other relevant materials mentioned in this article. The client shall assist in obtaining information that requires the client's assistance.
Return of 3.4 Use of Client's House and Equipment If the project consultant uses the house and equipment provided by the client, the consultant shall properly use and keep it, and return the above-mentioned house and equipment to the client at the time and manner agreed in the special conditions at the termination of this contract.
4. Liability for breach of contract
4.1 the principal's liability for breach of contract
4.1.1 If the principal fails to perform its obligations under this contract or fails to perform its obligations in accordance with the terms of this contract, it shall be liable for breach of contract. The parties may agree on the calculation and payment method of the breach of contract in the special conditions.
4.1.2 If the principal violates the provisions of this contract and causes the loss of the consultant, the principal shall compensate. The parties may agree on the determination of the amount of compensation and the method of payment in the special conditions.
4.2 Consultant's Liability for Breach of Contract
4.2.1 The Consultant shall be liable for breach of contract if it fails to perform its obligations under this contract or if it fails to perform its obligations under this contract. The parties may agree on the calculation and payment method of the breach of contract in the special conditions.
4.2.2 If the consultant causes losses to the principal due to the breach of this contract, the consultant shall compensate the principal for the loss. The parties may agree on the determination of the amount of compensation and the method of payment in the special conditions.
PART III SPECIAL CONDITIONS
1. Definition of words, language, order of interpretation and applicable law
1.2 language
This contract document can be used in addition to the Chinese language/.
Priority of 1.3 Contract Documents
The order of interpretation of this contract document is: agreement, special conditions, general conditions.
1.4 applicable law
Other normative documents applicable to this contract include: the Civil Code of the People's Republic of China, the Construction Law, the Regulations on the Management of Construction Quality, the Pricing Quota of the Bill of Quantities of Construction Projects in Sichuan Province and the relevant provisions of the local government.
2. Obligations of the Principal
2.1 to provide information
The time for the Client to provide information related to the consulting business of this contract to the Consultant free of charge is: from the 7th day of the entrustment.
2.2 Other Rights and Obligations
2.2.1. The Client is obliged to keep the price system of the Consultant confidential and shall not disclose it to a third party;
2.2.2. The client is obliged to actively cooperate with the work of the consultant, provide convenience for the work of the consultant, and submit relevant materials required for the cost consulting work;
2.2.3. The principal shall pay the consultant's cost consulting fee in accordance with the time agreed in this contract;
2.2.4. The Client has the right to organize personnel to inspect and assess the work of the Consultant from time to time.
2.3 Client Representative
The client's representative is:, whose scope of authority: business contact, information provision and information question reply.
2.4 Reply
The Client agrees to give a written response within 5 days to the matters submitted in writing by the Consultant and requested for decision. If there is no reply within the time limit, it shall be deemed as approved by the client.
2.5 Other Rights and Obligations
2.5.1. The Client is obliged to keep the price system of the Consultant confidential and shall not disclose it to a third party;
2.5.2. The client has the obligation to actively cooperate with the work of the consultant, provide convenience for the work of the consultant, and submit relevant materials required for the cost consulting work;
2.5.3. The principal shall pay the consultant's cost consulting fee according to the time agreed in this contract;
2.5.4. The Client has the right to organize personnel to inspect and assess the work of the Consultant from time to time.
3. Obligations of consultants
3. Obligations of consultants
3.1 Project Consulting Team and Personnel
3.1.1 The main personnel of the project consulting team shall have the qualification of national cost engineer/second-level cost engineer, and the number of team members shall be human.
3.1.2 The person in charge of the project is: (Tel:). The authority of the person in charge of the project to perform this contract is: contact with the client, collect data, and be responsible for the overall arrangement of the whole project, including progress, quality, data collection in the process, communication in the process, later filing, assistance in invoicing and collection, etc.; Do a good job in uploading and issuing the whole project.
3.1.3 The agreement of the consultant to replace other consultants in the project consulting team: 1. The client demands 2. Internal evaluation 3. The client must agree.
3.1.4 The circumstances in which the Client requests to replace the consultant also include: according to the Client's request, if the Client deems it necessary to replace the consultant, the consultant shall immediately replace the corresponding personnel after issuing a written opinion to the consultant.
Job Requirements for 3.2 Consultants
3.2.1 Time for the consultant to provide relevant information to the client: within 5 days after receiving complete information. The information provided by the consultant to the client also includes: and results.
3.2.2 The Consultant shall provide the Client with the name, composition, time, number of copies and quality standards of the consultation outcome documents.
3.2.4 The consultant shall give a written reply within 5 days after receiving the suggestions or objections put forward by the client in written form.
Return of 3.3 use of the Client's premises and equipment
The Consultant shall hand over the house and equipment provided by the Client within/within days after the termination of this Contract, in the following manner:
/ 。
3.4 Other Rights and Obligations
3.4.1. The consultant shall complete the cost consulting business involved in the project entrusted by the client in accordance with the contract.
3.4.2. The consultant shall carefully check and keep the information and engineering drawings provided by the client, and the consultant shall return all the information in full and original form within ten days after receiving the client's notice.
3.4.3. The consultant shall ensure the authenticity, accuracy, completeness and legality of the submitted work results (including pre-settlement documents, audit reports, engineering quantity calculation drafts and other relevant written and electronic documents).
3.4.4. The cost consultant shall keep all kinds of information and conclusions in the entrusted business confidential and shall not disclose them to the third party. If the consultant violates the above obligations, the consultant shall compensate the client for all the losses suffered by the client.
3.4.5. In the process of cost consultation, if the information provided by the client is not clear, a written report can be submitted to the client for explanation.
3.4.6. All analysis reports, analysis data and analysis conclusions formed by the consultant due to the completion of the report preparation work under this contract shall not be provided to the third party without the written consent of the client.
3.4.7 From the effective date of this contract, the consultant shall complete all the work of the contract within 15 calendar days in principle, but due to factors such as incomplete data and non-cooperation of the audited unit, the consultant shall report in advance and obtain the consent of the client before extension.
4. Liability for breach of contract
4.1 the principal's liability for breach of contract
4.1.1 Method of calculation and payment of the principal's liquidated damages:/.
4.1.2 The amount of the principal's compensation shall be determined and paid according to the following methods:/.
4.1.3 The interest on overdue payment of the principal shall be calculated and paid according to the following methods: if the principal fails to pay the remuneration on time for more than 30 days, the amount of overdue payment shall be paid as liquidated damages in accordance with one ten thousandth of the day.
4.2 Consultant's Liability for Breach of Contract
4.2.1 Calculation and payment method of consultant's liquidated damages: 1. If the consultant fails to perform the contract obligations and causes losses to the client, the consultant shall pay compensation and 10% of the total contract amount as liquidated damages; 2. If the contract cannot be completed within the agreed time due to the consultant's reasons, the consultant shall bear the corresponding liability for breach of contract, and shall bear the liquidated damages of 5000 yuan for each day of delay.
4.2.2 The consultant's compensation amount shall be determined and paid according to the following methods: if the error rate of settlement consulting results due to the consultant's error exceeds 3% agreed in the contract, 5% of the remuneration shall be deducted for every 1% exceeding, and the total deduction compensation shall not exceed 20% of the contract price.
5. Contract modification, termination and termination
Change of 5.1 contract
5.1.2 Except for force majeure, when the performance period of this contract is extended and the content is increased due to non-consultant reasons, the additional work remuneration shall be determined according to the following methods: the service remuneration shall not be adjusted.
5.1.4 When the workload of the consultant increases or decreases due to the change of the project scale, service scope and content, the adjustment method of service remuneration: the service remuneration will not be adjusted.
rescission of 5.2 contract
5.2.2 The conditions for the termination of the contract agreed by both parties also include: when the client determines that the consulting professional does not perform its duties according to the consulting contract, or colludes with a third party to cause economic losses to the client, the client has the right to request the replacement of the consulting professional, the right to terminate the contract and require the consultant to bear the corresponding compensation liability and liquidated damages (liquidated damages shall not be less than 50,000 yuan/time).
7. Dispute Resolution
7.2 mediation
If the parties are unable to resolve this contract dispute within/day, they may submit it to/for mediation.
7.3 arbitration or litigation
(1) submitted to the arbitration commission of Luojiang District of Deyang City for arbitration.
(2) to the Luojiang District People's Court of Deyang City.
8. Other
8.1 visits and related expenses
The costs incurred by the Consultant in conducting the inspection with the consent of the Client shall be paid by the Consultant.
Payment of travel and related expenses: to be borne by the consultant.
8.2 Confidentiality
Confidentiality and duration declared by the Client:/.
Confidential matters and time limit declared by the consultant: the consultant shall keep confidential all the information provided by the client and the commercial secrets, technical data, customer information and other data and information (collectively referred to as "confidential information") of the client and its affiliated companies and units contacted during the signing and performance of this contract. Without the written permission of the client, the consultant shall not disclose to any third party, and shall not use part or all of the confidential information for other purposes than those stipulated in this contract. Consultants are obliged to protect confidential information by means no less protective than those adopted for their own trade secrets. The Consultant may disclose Confidential Information only for the purposes of this Contract to its employees who have the necessary knowledge of the Confidential Information, provided that its employees are instructed to comply with the obligations of confidentiality and non-disclosure under this Article. If the consultant violates the agreement on confidentiality in this contract, he shall pay liquidated damages of 20000 yuan/time, and shall also compensate for all losses caused to the client.
8.3 liaison
8.3.1 Any party's notice, instruction, request, decision, etc. related to the contract shall be delivered to the recipient and place of delivery designated by the other party within 2 days.
8.3.2 The recipient designated by the client:, the place of delivery: the client will collect it from the consultant's office, and the e-mail address:.
Received by the consultant:, place of delivery: office, e-mail:.
