Information system project manager must recite the core examination site (47) project subcontract

Kekeguo brings you the core key test site of soft exam information system project manager （ forty-seven ） Project subcontract , Including mind map + The real question

 

【 Information system project manager core examination site 】 Project subcontract

1. As agreed in the contract and approved by the buyer , The seller will contract part or parts of the project 【 Not the main structure of the project 】 Then contract out to subcontractors with corresponding qualifications and conclude contracts

2. must 【 meanwhile 】 Conditions met

1） Approved by the buyer

2） The subcontractor must have corresponding qualification conditions

3） Only part of the project can be subcontracted , Instead of subcontracting the whole project 【 part 】

4） The subcontracted part must be the non main work of the project 【 Non subject 】

5） The subcontractor cannot subcontract again 【 once 】

【 Mind map of core test site 】

【 Core test site real questions 】

1. A project is divided into several project packages when bidding , Contract out to different contractors . The contract that the Contractor shall sign with the tenderee after winning the bid belongs to ( ).

A、 Single project contract B、 Subcontract C、 Unit price contract D、 Cost incentive contract

【 answer 】A

【 analysis 】 Contracts can be divided into general contracts 、 Single project contract 、 Subcontract .

The general contract is also called “ Turnkey contracting ”, The employer initiated the information system project from the beginning 、 demonstration 、 All tasks from construction to completion , To a qualified contractor .

The single project contract is the contract letting party's different tasks of information system engineering construction , Contract out to different contractors .

A subcontract is a part or parts of a project contracted by the general contractor , And then contract out to the sub contractor .

It can be seen from the above that , The project is divided into several bid sections during bidding , Contract out to different contractors , After winning the bid, the Contractor shall sign a single project contract with the tenderee , So choose A. Note that there is no general contractor , So it's not a subcontract .

2. according to 《 Bidding Law of the people's Republic of China 》 The provisions of the , What is correct in the following statement is ( ).

A、 After the bidder submits the bid document to the bid inviter , There is no right to supplement the tender document 、 Modified or withdrawn

B、 Two or more legal persons or other organizations may form a consortium , To bid jointly as a bidder . A consortium of units of the same profession , The qualification level shall be determined according to the unit with higher qualification level

C、 After the notification of award is issued , The bid winner waives the bid winning project , No legal liability

D、 The winning bidder shall, in accordance with the contract or with the consent of the tenderee , Part of the bid winning project can be non subject 、 Subcontract non critical work to others to complete

【 answer 】D

【 analysis 】 basis 《 Bidding Law of the people's Republic of China 》:

Article 29 bidders shall submit their bids before the deadline required by the bidding documents , Can complement 、 Modify or withdraw the submitted tender documents , And inform the bid inviting party in writing . Add 、 The revised content is an integral part of the tender document .

therefore A It's wrong. .

Article 31 two or more legal persons or other organizations may form a consortium , To bid jointly as a bidder . All parties of the consortium shall have the corresponding ability to undertake the bidding project ; Where there are provisions on the qualifications of bidders in the relevant provisions of the state or in the bidding documents , All parties of the consortium shall have the corresponding qualifications stipulated . A consortium of units of the same profession , The qualification level shall be determined according to the unit with lower qualification level .

therefore B It's wrong. .

Article 45 after the successful bidder is determined , The bid inviting party shall issue the bid winning notice to the successful bidder , At the same time, all unsuccessful bidders will be informed of the winning result . The notification of award has legal effect on the tenderee and the successful bidder . After the notification of award is issued , The tenderee changes the result of winning the bid , Or the winning bidder abandons the winning project , Should bear legal responsibility according to law .

therefore C It's wrong. .

Article 48 the winning bidder shall perform its obligations in accordance with the contract , Complete the bid winning project . The winning bidder shall not transfer the winning project to others , It is also not allowed to dismember the winning project and transfer it to others . The winning bidder shall, in accordance with the contract or with the consent of the tenderee , Part of the bid winning project can be non subject 、 Subcontract non critical work to others to complete . The person accepting the subcontracting shall have the corresponding qualifications , And shall not subcontract again . The winning bidder shall be responsible to the tenderee for the subcontracted project , The subcontractor shall be jointly and severally liable for the subcontracted project .

3.( ) And 《 Government procurement law of the people's Republic of China 》 The relevant contents of are consistent .

A、 Government procurement refers to state organs at all levels 、 Institutions and organizations , Use of loans 、 Financial funds or self raised funds purchase goods within the centralized procurement catalogue formulated according to law or above the procurement quota standard 、 The behavior of engineering and services

B、 Goods refer to various forms and types of goods , Including raw materials 、 fuel 、 equipment 、 Products, etc. . A project is a construction project , Including new construction of buildings and structures 、 reconstruction 、 The expansion of the 、 decorate 、 dismantle 、 Repair, etc

C、 In the technical consulting contract 、 During the performance of technical service contract , New technical achievements completed by the trustee using the technical data and working conditions provided by the client , It belongs to the trustee . New technical achievements completed by the client using the work achievements of the trustee , Belongs to the client . If the parties agree otherwise , According to its agreement

D、 The winning bidder shall, in accordance with the contract or with the consent of the tenderee , Part of the bid winning project can be non subject 、 Subcontract non critical work to others to complete

【 answer 】B

【 analysis 】《 Government procurement law of the people's Republic of China 》, Chapter one general provisions :

Goods referred to in this Law , It refers to various forms and kinds of objects , Including raw materials 、 fuel 、 equipment 、 Products, etc. .

The term "project" as used in this Law , It refers to the construction project , Including new construction of buildings and structures 、 reconstruction 、 The expansion of the 、 decorate 、 dismantle 、 Repair, etc .

Options B That's right. .

The term "government procurement" as used in this Law , Refers to state organs at all levels 、 Institutions and organizations , Use financial funds to purchase goods within the centralized purchasing catalogue or above the purchasing quota standard formulated according to law 、 The behavior of engineering and services . therefore A It's wrong. . atypism . answer C It is the content of copyright law . answer D It is the content of the Bidding Law .