CONSULTANCY SERVICE AGREEMENT FOR
CONTRACT
Among
[ Factory]
And
[ Abroad Agency]
And
[ Domestic Agency]
Month , Year
CONSULTANCY SERVICE AGREEMENT FOR
CONTRACT
This Consultancy Service Agreement reached on Month Date, Year (hereinafter referred to as this “Agreement”)
BY AND AMONG
[Factory] (hereinafter referred to as “Party A”), a limited liability company incorporated and registered in the People’s Republic of China with legal address of , represented by its president
AND
[Abroad Agency](hereinafter referred to as “Party B”) a company incorporated and registered in , legal represented by
[Domestic Agency](hereinafter referred to as “Party C”) a company incorporated and registered in the People’s Republic of China with legal address of , legal represented by its General Manager
Party A , Party B and Party C shall be hereinafter individually referred to as a “Party” and collectively referred to as the “Parties”.
PREAMBLE
WHEREAS Party A intends to appoint Party B and Party C as its local Consultant for the “CONSULTANCY SERVICE AGREEMENT FOR (hereinafter referred to as Project),conducted by (hereinafter referred to as Project Owner), to be executed in (hereinafter referred to as the “Place”),and Party B and Party C intends to accept such appointment from Party A。
WHEREAS the Parties wish to set forth certain detailed rules of cooperation between them in a binding written document;
NOW THEREFORE, the Parties hereby agree to be bound by the following terms and conditions in the course of their cooperation under this Agreement:
Clause 1 Nature of relationship between the Parties
1.1 It is expressly understood and agreed between the Parties that by entering into this Agreement, it does not mean to form or establish any partnership or other form of business association between the Parties hereto and each Party shall remain a separate entity from the other Party.
1.2 During the validity period of this Agreement, Party B and party C shall not work for any third party that intends to win the bid for the Contract or otherwise pursuit the Contract of the same Project agreed by the Parties to be pursuit by Party A.
Clause 2 Scope of Consultancy Service
2.1 Party A hereby appoints Party B and part C to act as its Consultant for”CONSULTANCY SERVICE AGREEMENT FOR ” ” project and Party B and part C accepts such appointment from Party A in accordance with the terms and conditions specified under this Agreement。
Clause 3 Obligations of Party B
3.1 In this Agreement, and during the tender, Party B shall:
a.) Advise on the strategies and tactics of its participation in the public tendering process，or selected invitation for contract negotiation so as to enable Party A to develop a competitive and viable qualification application or tender for the Project. 2) During the bidding stage and bid evaluation stage, Party B shall be responsible for communicating with project office, providing guidance to technical and commercial documents and assist in winning the bid.
b. Provide Party A with timely advice as to the best and possible actions to be taken or followed by Party A at different stages so as to enable Party A to respond to the requirements of the Project owner (hereinafter referred as the “Employer”) and/or different situations in a timely and correct manner, during the tender process.
c) Collect, gather and provide Party A for its consideration all available information in respect of the tender process from various sources, including but not limited to information relating to the Employer, the government authorities involved, and the local or other international participants.
d) Review and assist Party A in completion of the formats (Annexes to be filled by Tenderers) included in the Tender Documents issued by the Employer to ensure the formats, as completed by Party A, comply with the Contractor’s requirements and practices. However, Party A may, if it deems necessary, contract an external attorney to verify whether Party A’s documentation in this respect satisfies the tender requirements and conforms to the laws and regulations of the territory, in which case, Party A will directly cover this attorney’s fees.
e) Assist Party A to collect and sort out price, market and legal information (regulations, laws, by-laws and decrees, etc.) on customs clearance, import & export of equipment, plant and materials, land transportation and marine shipment, etc. Party B recommends to hire specialists for this purpose. Party B will assist in recommending these specialists to Party A, and also provide its opinion when requested. Costs will be on Party A.
f) Assist Party A to collect and sort out information related to recruitment, employment and dismissal of local staff and laborers (including but not limited to laws and regulations and trade practices on salary, wages, overtime compensations, welfare, social insurance and medical insurance, income taxes, etc.); Party B will assist in the manner of recommending the specialist for this purpose, and will provide its opinion when requested. Costs will be on Party A.
g) Assist Party A to collect and sort out information and regulations on expatriate staff working in the territory for similar project (including but not limited to entry visa, work/residence permit, income and other taxes, fees and dues to be paid by the expatriate employees and the company, etc.); Party B will assist in the manner of recommending the specialist for this purpose, and will provide its opinion when requested. Costs will be on Party A.
h)Assist Party A to collect and sort out information of local taxations including custom duties, royalties, stamp dues, income taxes and any other taxes, fees, dues or levies imposed by governmental agencies, semi-governmental entities or non-governmental bodies in relation to the performance of the Contract for the Project. Party B will provide basic information. Specific information may be provided by specialists, or specific local personnel hired by Party A.
i)Assist Party A to collect and sort basic out price information of fuel, gas, electricity, water and local materials, equipment and products, etc. as per the requirement of Party A;
j)Assist Party A to obtain basic information on project insurance, including identifying, recommending local insurance companies, collecting law, by-law and regulations in respect of insurance for execution and performance of Contract for the Project;
K)Promote Party A to the Employer and relative government authorities of the Territory as well as local engineering and construction communities so as to gain Party A a favorable and positive position to pursue the Contract for the Project.
l) Coordinate and keep close contact with the Employer and Party A so as to keep Party A updated of the developments and/or changes in the tendering process;
m) Track and keep Party A informed of the actions of the Employer and, if possible, of potential participants and competitors.
n) Advise Party A and providing Party A with business intelligence in its negotiations with the Employer, the relevant government authorities of the Territory and any other relevant parties in the tendering process for the Project.
0) Support in the actions for opening the technical and financial proposals. Party B shall participate with Party A in these events and advice Party A as to responses to any Employer’s questions or concerns;
P) Assist Party A as to printing, binding and packaging of Party A’s tender documentations;
q) Advise Party A to get the necessary formalities and documents to come to the territory, including entrance visa, labor visas and work permits, recommend travel plans.
r) Coordinate visits and schedule meetings for Party A’s executives in the Territory, as well as public relations activities. It is stated that this duty has begun; Party B has provided the assistance.
s) Advising the Party A in having any bank guarantee or other forms of guarantees, issued by Party A relating to Project.
3.2 In addition to the above, Party B shall also render business intelligence services concerning the tendering process and concerning signing of Contract with the Contractor in relation to the Project. Before the Contractor or any governmental and non-governmental agencies or entities intervene in the Project, advise Party A in advance to take prompt actions and damage/risk-control strategies, and assist Party A by continuously providing liaison services in connection with the different stages of the Project. Services to be rendered to Party B by Party A under this Agreement will be hereinafter referred to as the “Consultancy Services”.
3.3 Unless otherwise expressly stipulated herein, all costs and expenses incurred by Party B in the course of providing Consultancy Services under this Agreement shall be solely born by Party B. However, if Party A entrusts Party B to incur certain costs or expenses with express prior written consent to reimburse Party B, Party A will subsequently reimburse Party B according to such consent. For the avoidance of doubt, in the absence of such express prior written consent, no subsequent reimbursement will be made by Party A.
3.4 Party B shall, and shall ensure that its employees through whom it provides the Consultancy Services will, comply strictly with all applicable laws, national and local regulations in connection with the provision of the Consultancy Services. Party A shall not be responsible for any acts of Party B , which violate laws of Ethiopia（place）. In the event of Party A incurs any loss or cost due to illegal act above of Party B, Party B shall compensate Party A for such loss or cost.
Clause 4 Obligations of Party C
4. 1 in this Agreement, and during the tender, Party C shall:
a.) Advise on the strategies and tactics of its participation in the public tendering process，or selected invitation for contract negotiation so as to enable Party A to develop a competitive and viable qualification application or tender for the Project. 2) During the bidding stage and bid evaluation stage, Party C shall be responsible for communicating with project office, providing guidance to technical and commercial documents and assist in winning the bid.
b. Provide Party A with timely advice as to the best and possible actions to be taken or followed by Party A at different stages so as to enable Party A to respond to the requirements of the Project owner (hereinafter referred as the “Employer”) and/or different situations in a timely and correct manner, during the tender process.
c) Collect, gather and provide Party A for its consideration all available information in respect of the tender process from various sources, including but not limited to information relating to the Employer, the government authorities involved, and the local or other international participants.
d) Review and assist Party A in completion of the formats (Annexes to be filled by Tenderers) included in the Tender Documents issued by the Employer to ensure the formats, as completed by Party A, comply with the Contractor’s requirements and practices. However, Party A may, if it deems necessary, contract an external attorney to verify whether Party A’s documentation in this respect satisfies the tender requirements and conforms to the laws and regulations of the territory, in which case, Party A will directly cover this attorney’s fees.
e) Assist Party A to collect and sort out price, market and legal information (regulations, laws, by-laws and decrees, etc.) on customs clearance, import & export of equipment, plant and materials, land transportation and marine shipment, etc. Party C recommends to hire specialists for this purpose. Party C will assist in recommending these specialists to Party A, and also provide its opinion when requested. Costs will be on Party A.
f) Assist Party A to collect and sort out information related to recruitment, employment and dismissal of local staff and laborers (including but not limited to laws and regulations and trade practices on salary, wages, overtime compensations, welfare, social insurance and medical insurance, income taxes, etc.); Party C will assist in the manner of recommending the specialist for this purpose, and will provide its opinion when requested. Costs will be on Party A.
g) Assist Party A to collect and sort out information and regulations on expatriate staff working in the territory for similar project (including but not limited to entry visa, work/residence permit, income and other taxes, fees and dues to be paid by the expatriate employees and the company, etc.); Party C will assist in the manner of recommending the specialist for this purpose, and will provide its opinion when requested. Costs will be on Party A.
h)Assist Party A to collect and sort out information of local taxations including custom duties, royalties, stamp dues, income taxes and any other taxes, fees, dues or levies imposed by governmental agencies, semi-governmental entities or non-governmental bodies in relation to the performance of the Contract for the Project. Party C will provide basic information. Specific information may be provided by specialists, or specific local personnel hired by Party A.
i)Assist Party A to collect and sort basic out price information of fuel, gas, electricity, water and local materials, equipment and products, etc. as per the requirement of Party A;
j)Assist Party A to obtain basic information on project insurance, including identifying, recommending local insurance companies, collecting law, by-law and regulations in respect of insurance for execution and performance of Contract for the Project;
K)Promote Party A to the Employer and relative government authorities of the Territory as well as local engineering and construction communities so as to gain Party A a favorable and positive position to pursue the Contract for the Project.
l) Coordinate and keep close contact with the Employer and Party A so as to keep Party A updated of the developments and/or changes in the tendering process;
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