Model government procurement standard contract:
Party A (Buyer): _ _ _ _ _ _
Party B (organization): _ _ _ _
The budgeted investment of Party A's _ (goods, projects and services) procurement project is RMB _ _ _ _, and the required funds have been secured. According to _ _ _ _ _, Party B is entrusted by _ _ _ _ to purchase the above contents. Both parties made this purchase in accordance with the Procurement Law of People's Republic of China (PRC), the Civil Code of People's Republic of China (PRC) and other relevant laws. In order to clarify their respective rights and responsibilities, this agreement is signed by both parties through full consultation.
Article 1 Validity of the Agreement
This agreement shall be valid from the date of signing the agreement to the date of signing the purchase contract.
Article 2 Scope of Entrustment and Completion Time of Procurement Plan
1. During the validity of this agreement, Party A entrusts Party B with the following matters: preparation of bidding (or negotiation and inquiry) documents, release and registration of procurement information, formulation of bid evaluation methods, organization and implementation of procurement procedures, etc.
2. The planned purchase completion time is _ _ _ _ _
Article 3 Responsibilities and Obligations of Party A
1. Provide Party B with the target list of the entrusted procurement projects as the basis for procurement. The contents include detailed list, technical parameters or specifications, corresponding services, quality requirements, acceptance standards and other materials. At the same time, the "Government Procurement Plan Implementation Book" is attached.
2. Have the right to appoint experts, technicians or other relevant personnel to participate in procurement activities on behalf of Party A and serve as members of the bid evaluation team.
3. Assist Party B to prepare purchasing documents. Party A shall send personnel to assist Party B in preparing bidding (or negotiation and inquiry) documents and formulating bid evaluation methods. The legal representative or authorized representative of Party A as a legal person shall review and sign the tender (or negotiation or inquiry) document to form a formal tender (or negotiation or inquiry) document.
4. Sign and perform the contract according to the determined winning bidder.
Article 4 Responsibilities and Obligations of Party B
1. Carefully design and organize the procurement work according to the relevant national laws and regulations and the entrustment of Party A, and inform Party A of the procurement plan and progress in time to ensure the smooth implementation of the procurement plan.
2. With the assistance of Party A, be responsible for compiling and explaining the tender (or bid negotiation and inquiry) documents.
3. Be responsible for timely and publicly releasing purchasing information and issuing invitations to potential suppliers.
4. According to the Operation Process of Government Procurement, under the supervision of the Municipal Supervision Office, the bid evaluation experts are randomly selected together with the purchaser.
5. Be responsible for organizing the bid opening and evaluation, and organizing the purchasing team to prepare the purchasing report.
6. Be responsible for collecting the registration fee, bid bond and "performance bond" of the winning bidder.
7. According to the relevant provisions of the state, province and city, send the procurement documents to the purchaser for the record, and recruit the supervision office for the record.
Article 5 Bidding, transaction, contract signing and filing of government procurement.
1. Party A accepts that Party B has won the bid through legal procurement procedures, made a deal with the supplier, and signed a government procurement contract with it.
2. The government procurement contract shall be signed by Party A and the supplier, and the signed contract shall not substantially modify the procurement documents and the bid-winning documents.
3. Party A shall, within seven days after signing the contract, send the copy of the contract and other materials to the procurement supervision office of the procurement agency for the record.
Article 6 Both parties have the same responsibilities.
During and after the procurement activities, both parties have the responsibility to keep the bid evaluation and other commercial and technical secrets of the purchaser and suppliers.
Article 7 Other matters
1. Matters not covered shall be settled by both parties through negotiation.
2. This agreement is made in triplicate, one for each party, and one for filing in the recruitment supervision office within days from the date of signing. This agreement shall come into force as of the date of signing. Party A shall not revoke the entrustment or refuse to confirm the bid evaluation results unless due to legal reasons.
Party A (seal): _ _ _ _
Legal representative (signature): _ _ _ _
Address: _ _ _ _
Tel: _ _ _ _
Party B (Seal): _ _ _ _
Legal representative (signature): _ _ _ _
Address: _ _ _ _
Tel: _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signed on
Legal basis:
People's Republic of China (PRC) government procurement law
Article 45. The procurement supervision and management department of the State Council Municipal Government shall, jointly with relevant departments of the State Council, stipulate the necessary clauses in government procurement contracts.
Article 46. The purchaser and the supplier who won the bid and clinched the deal shall, within 30 days from the date of issuing the notice of winning the bid and clinching the deal, sign the government procurement contract according to the matters specified in the procurement documents.
The bid-winning notice has legal effect on both the purchaser and the bid-winning supplier. If the purchaser changes the bid-winning or transaction result after the bid-winning or transaction notice is issued, or if the bid-winning or transaction supplier abandons the bid-winning or transaction project, it shall bear legal responsibility according to law.