合同条款： 一般条款 特定条款
11. INVITATION TO TENDER
1. The People’s Republic of China has-applied for a loan and credit
from the World Bank towards the cost of ________________ Project. It is
intended that part of the proceeds of this loan and credit will be applied
to eligible payment under various contracts for ____________ , __________,
__________. Tendering is open to all tenderers from eligible source
countries as defined under the “Guidelines for procurement” of the World
2. ___________ Company now invites sealed tenders from pre-qualified
tenderers for provision of the necessary labour, materials, equipment and
services for the construction and completion of the project.
3. Pre-qualified tenderers may obtain further information from, and
inspect the tender documents at the office of: ________.
4. A complete set of tender documents may be obtained by any
pre-qualified tenderer for the cost of RMB _________ or US $ ___________
on the submission of a written application to the above.
5. All tenders must be accompanied by a Tender Security in an
acceptable form and must be delivered to ________ Company at the
above-mentioned address (refer to Item 3) on or before ___________.
6. Tenders will be opened in the presence of those tenderers’
representatives who choose to attend at ____________ (time).
7. If a prequalified foreign tenderer wishes to form Joint venture
with a domestic contractor, such a request will be considered if received
within ______ days before the closing date for submission of tenders. The
selected local contractor shall be subject to approval by the Employer.
8. The Pre-Tender Meeting will be held on __________ at the following
Instructions to Tenderers
1. Description of Works (sketch)
All tenderers shall have equal access for supply of domestic labour
The Contractor shall make his own arrangements for the procurement of
local labour, materials, transportation and other services.
The Employer will assist Contractor in locating potential number of
suppliers for local labour, materials. The Employer will also assist the
contractor in making his own arrangement for supply of fuel and
2. Source of Funds
2.1 The People’s Republic of China has applied for a loan and credit
from the World Bank (hereinafter referred to as the IFI) towards the cost
of ____________ Project, and intends to apply a portion of the proceeds of
the loan and credit to eligible payments under the Contract for which
these documents are issued. Payment by the IFI will be made only at the
request of the Chinese Government and upon approval by the IFI and will be
subject in all respects to the terms and conditions of the Loan Agreement.
No party other than the People’s Republic of China shall derive any rights
from the Loan Agreement or have any claim to the loan proceeds.
2.2 Payment from the proceeds of the World Bank Loan will be limited
to goods produced in, and services supplied from, Switzerland and the
member countries of the World Bank which have commercial relations with
2.3 All costs not met by the IFI Loan will be paid by the Employer
from funds allocated by the Government of China.
3. Eligibility and Qualification Requirements
3.1 This tender is open to all pre-qualified tenderers from eligible
source countries as defined under the “Guidelines for Procurement” of the
3.2 All goods and services to be supplied under this Contract shall
have their origin in eligible source countries, and all expenditures made
under the Contract will be limited to such goods and services.
3.3 The origin of goods and services is distinct from the nationality
of the tenderer.
3.4 To be eligible for award of contract, tenderers shall have
provided evidence satisfactory to the Employer of their eligibility under
clause 3.1 above, and of their capability and adequacy of resources to
effectively carry out the Contract. To this end, the Employer and
____________ company may, at any time prior to award of contract, request
tenderers to amplify or update previously submitted prequalification data.
All Tenders submitted shall include the following information:
(a) copies of original documents defining the constitution or legal
status, place of registration and principal place of business of the
company, firm or partnership or, if a joint venture, of each party thereto
constituting the tenderer;
(b) the qualifications and experience of key personnel proposed for
administration and execution of the Contract, both on and off site, in the
format prescribed in Schedule V;
(c) major items of constructional plant and equipment proposed for use
in carrying out the Contract in the format prescribed in Schedule IV;
(d) a list of proposed sub-contractors in the format prescribed in
(e) information regarding any current litigation in which the tenderer
(f) the details of the construction methods proposed.
3.5 For the purposes of sub-clause 3.4, tenderers who have been
pre-qualified may update and augment the information supplied with their
application for pre-qualification, and, in particular, shall give
particulars of work in hand at the date of tendering.
3.6 Tenders submitted by a joint venture of two or more firms as
partners shall comply with the following requirements:
(a) the tender, and in case of a successful tender the Form of
Agreement, shall be signed so as to be legally binding on all partners;
(b) one of the Joint Venture members shall be nominated as sponsor;
and this authorisation shall be evidenced by submitting a power of
attorney signed by legally authorised signatories of all the members of
the joint venture;
(c) the joint venture sponsor shall be authorised to incur liabilities
and receive instructions for and on behalf of any and all members of the
joint venture and the entire execution of the Contract including payment
shall be done exclusively with the joint venture sponsor;
(d) all members of the joint venture shall be liable jointly and
severally for the execution of the Contract in accordance with the
Contract terms, and a relevant statement to this effect shall be included
in the authorisation mentioned under (b) above as well as in the Form of
Tender and the Form of Agreement (in case of a successful tender); and
(e) a copy of the agreement entered into by the joint venture partners
shall be submitted with the tender.
3.7 Domestic tenderers or combinations or joint ventures of domestic
and foreign tenderers applying for eligibility for the application of a
_____% margin of preference in the comparison of their tender with other
tenders shall supply all information required to satisfy the criteria for
eligibility as described in Clause 29 of these Instructions.
4. Cost of Tendering
The tenderer shall bear all costs associated with the preparation and
submission of his tender and neither the Employer nor his agent
___________ Company will in any way be responsible or liable for those
costs, regardless of the outcome of the tendering process.
5. Site Visit
5.1 The tenderer is advised to visit and examine the Site of the Works
and the surroundings and to obtain for himself on his own responsibility,
all information that may be necessary for preparing the tender and
entering into a contract. The costs of visiting the site shall be at the
tenderer’s own expense.
5.2 Arrangements for a visit to site, including transportation and
accommodation. will be made by the Employer or his agent _________ Company
and will be advised to tenderers at the pre- tender meeting, details of
which are given in Clause 16 of these Instructions to Tenderers.,
5.3 The tenderer and any of his representatives will be granted
permission by the Employer or his agent ___________ company to enter upon
its premises and lands for the purpose of such inspection by prior
arrangement, but only upon the express condition that the tenderer and his
representatives, will release and indemnify the Employer or his agent
___________ Company and its personnel from and against all liability in
respect thereof and will be responsible for personal injury (whether fatal
or otherwise), loss of or damage to property and any other loss, damage,
costs and expenses however caused, which, but for the exercise of such
permission, would not have arisen.
6. Content of Tender Documents
6.1 The set of documents issued to pre-qualified tenderers for the
purpose of tendering will cost RMB_______ or US $ ______ and will include
the stated number of copies of the following:
Number of copies Description
1 Volume 1 Instructions to Tenderers
Conditions of Contract:
Part II–Conditions of Particular
1 Volume 2 Specification
(incl. list of Drawings)
3 Volume 3 Form of Tender and Appendix thereto
Form of Tender Security
Bill of Quantities
Schedules of Supplementary Information
1 Volume 4 Drawings
6.2 Tender documents shall include any addenda issued prior to the
closing date of tenders in accordance with Clause 8 and any minutes of
pre-tender meetings issued in accordance with Clause 16 of these
Instructions to Tenderers.
6.3 Further copies of the documents may be purchased by pre-qualified
tenderers for a non-refundable fee as follows: (sketch)
6.4 Sub-contractors, manufacturers, suppliers and others who require
copies of the documents shall not request them directly from _____________
but shall obtain them only from pre-qualified tenderers.
6.5 On return of the documents in an undamaged and useable condition,
either as part of a tender or otherwise, within the specified time limits,
the tenderer’s pre-qualification fee will be refunded, as follows:
(a) Tender submitted: _________________% refund of fee
(b) Tender not submitted but ________________% refund of fee
documents returned prior to closing date of tender
6.6 The tenderer is expected to examine carefully all instructions,
conditions, forms, terms, specifications and drawings in the tender
documents. Failure to comply with the requirements of the Instructions to
Tenderers will be at the tenderer’s own risk. Tenders which are not
substantially responsive to the requirements of the tender documents may
6.7 The four volumes of the tender documents have been collated and
bound by mechanical means and tenderers should check to ensure that they
contain all pages (which are numbered consecutively) and that all
supplements referred to are also included.
7. Clarification of Tender Documents
7.1 A Prospective tenderer requiring any clarification of the tender
documents may notify ___________ in writing or by telex at the following
The Employer or his agent _____________ will respond in writing to any
request for clarification which is received more than _____ days prior to
the deadline for submission of tenders. Written copies of the response
(including an explanation of the query, but without identifying the source
of the inquiry) will be sent to all prequalified tenderers who have been
issued with tender documents.
8. Amendment of Tender Documents
8.1 Prior to the deadline for submission of tenders, the Employer may,
for any reason, whether at its own initiative or in response to a
clarification requested by a prospective tenderer, modify the tender
documents by the issue of an Addendum.
8.2 The Addendum will be sent in writing or by telex or telegram to
all pre-qualified tenderers who have picked up the tender documents and
will be binding upon them. Prospective tenderers shall promptly
acknowledge receipt thereof by telex or telegram to ____________.
8.3 In order to afford prospective tenderers reasonable time in which
to take an Addendum into account in preparing their tenders, the Employer
or his agent _________ may, at their discretion, extend the deadline for
the submission of tenders in accordance with Clause 19 hereof.
Preparation of Tenders
9. Language of Tender
9.1 The tender and all correspondence relating to the tender exchanged
by the tenderer and the Employer or his agent __________ shall be in
English. Supporting documents and printed literature furnished by the
tenderer with the tender may be in another language provided they are
accompanied by an appropriate English translation of pertinent passages.
For the purpose of interpretation of the tender, the English version shall
10. Documents Comprising the Tender
10.1 The tender to be Prepared by the tenderer shall contain the
the Form of Tender and Appendix thereto;
the Tender Security;
the priced Bill of Quantities;
the Schedules of Supplementary Information;
the information on eligibility and qualifications;
alternative offers, if any; and
any other information required to be submitted in accordance with
The Forms, Bill of Quantities and Schedules provided in Volume 3 of
these documents shall be used without exception (subject to extensions of
the Schedules in the same format, and to the provisions of Clause 14.2
hereof regarding the alternative forms of tender security).
10.2 All documents issued for the purpose of tendering as described in
Clause 6.1 and addenda issued in accordance with Clause 8 shall be deemed
incorporated in the tender. Tender documents not required to be signed and
submitted in accordance with Clauses 17 and 18 shall be returned to the
office of issue before the expiry of the tender validity period, but must
not be enclosed with the Tender.
10.3 Tenderers shall submit with their tender a preliminary Programme
in the format required by Clause 14 of the Conditions of Contract.
10.4 The successful tenderer will be required to revise or augment his
Programme as set out in the Contract.
11. Tender Prices
11.1 Unless explicitly stated otherwise in the tender documents, the
Contract shall be for the whole of the Works ______ as described in Clause
1 hereof, based on the schedules of unit rates and amounts submitted by
11.2 The tenderer shall fill in rates and amounts for all items of
work described in the Bill of Quantities, whether quantities are stated or
not. Items against which no rate or amount is entered by the tenderer will
not be paid for by the Employer when executed and shall be deemed covered
by the other rates and amounts entered in the Bill of Quantities.
11.3 All duties, taxes and other levies payable by the Contractor
under the Contract, or for any other cause, as at the date ________ days
prior to the date for submission of tenders shall be included in the rates
and amounts and total tender sum submitted by the tenderer, and the
evaluation and comparison of tenders by the Employer shall be made
11.4 The rates and amounts entered by the tenderer shall be subject to
adjustment during the performance of the Contract in accordance with the
provisions of the Conditions of Contract. The tenderer shall complete
Schedule III-Price Adjustment Provisions and shall submit with his tender
such other supporting information as is required under Clause 70 of the
Conditions of Contract.
12. Currencies of Tender and Payment
12.1 The unit rates and prices shall be quoted by the tender entirely
in RMB. A tenderer expecting to incur expenditures in other currencies for
inputs to the Works supplied from outside China (referred to as “the
foreign currency requirements”) shall indicate in Schedule I of “Foreign
Currency Requirements” the percentage of the Tender Price (excluding
Provisional Sums) needed by him for the payment of such foreign currency
requirements either (i) entirely in the currency of the tenderer’s home
country or, at the tenderer’s option, (ii) entirely in US dollars, always
provided that a tenderer expecting to incur expenditures in a currency or
currencies other than those stated in (i) and (ii) above for a portion of
the foreign currency requirements, and wishing to be paid accordingly,
shall so indicate the percentage portion in his tender. The percentage
portion indicated shall remain fixed for the duration of the Contract. The
amounts in various currencies calculated on the basis of the percentages
indicated in the Tender and by use of the exchange rates indicated in
subclause 12.2 hereinafter, shall be used for the purpose of conversion
and comparison of tenders pursuant to Clause 70.
12.2 The rates of exchange to be used by the tenderer for currency
conversion shall be the governing selling rates published by the Bank of
China on the date ______ day prior to the latest date for the submission
of tenders. If exchange rages are not so published for certain currencies,
the tenderer shall state the rates used and the source. For the purpose of
payments, the exchange rates used in tender preparation shall apply for
the duration of the Contract.
12.3 The total amount of foreign and local currencies expected to be
required by tenderers shall be substantiated in Schedules I and I
(A)-Foreign Currency and Local Currency Requirements, and the annex
thereto, Tenderers shall describe the manner in which such foreign and
local currencies are expected to be used, relating specifically, but not
(a) Expatriate staff directly employed on the Works:
(b) social charges, insurance premiums and medical care related to
such staff, and travel expenses between China and the country of origin;
(c) a list of the imported materials, both temporary and permanent,
required for the Works;
(d) depreciation and usage of plant and equipment, including spare
parts, required for the Works;
(e) insurance and freight charges for imported materials, plant and
equipment, including spare parts; and
(f) overhead expenses, fees and financial charges incurred outside
(g) local labour;
(h) local materials;
(i) other services, and;
(j) overhead expenses, fees and financial charges within China.
12.4 Tenderers may be required by the Employer to clarify their
foreign currency requirements, and to provide satisfactory proof that the
amounts included in the unit rates and in Schedule I are reasonable and
responsive to sub-clause 12.1 hereof.
12.5 The tender shall complete Schedule II – Estimated Contract
Payments and shall substantiate the tabulation of this Schedule by
attaching a table indicating anticipated major quantities of work
performed over the duration of the Works.
13. Tender Validity
13.1 The tender shall remain valid and open for acceptance for a
period of six calendar months from the specified date of tender closing.
13.2 In exceptional circumstances, prior to expiry of the original
tender validity period, the Employer or his agent ____________ may request
the tenderers for a specified extension to the period of validity. The
request and the responses thereto shall be made in writing or by telex or
telegram. A tenderer may refuse the request without forfeiting his tender
security. A tenderer agreeing to the extension will not be required nor
permitted to alter his tender, but will be required to extend the validity
of his tender security correspondingly. The provisions of Clause 14 hereof
regarding discharge and forfeiture of tender security shall continue to
apply during the extended period.
14. Tender Security
14.1 The tenderer shall furnish, as part of his tender, a tender
security in RMB Yuan in an amount of not less than _____ % of the Tender
14.2 The tender security shall, at the tenderer’s option, be in the
form of a certified cheque, a bank draft, an irrevocable letter of credit
or a guarantee from either:
(a) Bank of China;
(b) any of its correspondent bank abroad through Bank of China;
(c) any other Chinese or foreign bank operating in China;
(d) any other foreign bank determined by the Tenderer in advance of
submission of bids to be acceptable to ___________.
or a bond issued by an insurance company or bonding company likewise
located. The format of the bank guarantee or bond shall be in accordance
with one of the sample forms included in these documents; other formats
may be permitted subject to the prior approval of the Employer or his
agent __________. Letters of credit, bank guarantees and tender bonds
shall be valid for one calendar month beyond the validity of the tender.
14.3 In the event of a Tenderer agreeing to a specified extension of
tender validity in accordance with Clause 13 of the Instructions to
Tenderers, the Tenderer shall Provide an extension in the validity of the
tender security of one calendar month beyond the validity of the extended
14.4 Any tender not accompanied by an acceptable tender security will
be rejected by _________ as non-responsive.
14.5 The tender securities of unsuccessful tenderers will be
discharged or returned as promptly as possible, but not later than ______
days after the expiration of the period of tender validity prescribed.
14.6 The tender security of the successful tenderer will be discharged
or returned upon the tenderer executing the Contract and furnishing the
required performance security.
14.7 The tender security may be forfeited:
(a) if a tenderer withdraws his tender during the period of tender
(b) in the case of the successful tenderer, if he fails to:
(i) sign the Agreement; or
(ii) furnish the necessary performance security.
15. Alternative Offers
15.1 The tenderer shall submit a basic tender which complies fully
with the requirements of the tender documents. The tenderer may, at his
option, and in addition to the basic tender, offer tenders incorporating
alternatives to any of the following items now specified:
(a) Advance Loan for Mobilisation
An interest free advance loan will be made available to assist the
Contractor before commencing construction of the Works. Offers may be made
for such a loan of up to ________% of the Tender Sum. Evaluation will be
made of the associated costs or savings accruing to the Employer in
accordance with Clause 28.
(b) (written as specific conditions).
15.2 Alternatives may be submitted in addition to basic tender. In
order for alternatives to be considered in the process of tender
evaluation, each alternative shall be accompanied by a detailed price
breakdown indicating the tenderer’s estimate of the additional or reduced
cost in present value to the Employer (refer to subclause 28.3 hereof)
compared to the basic Tender Sum. Comparison and evaluation will be done
for the basic offer and alternatives of the lowest evaluated tenderer will
be given due consideration. If the alternative offers were to be accepted
by the Employer, these will be incorporated into the Contract. Alternative
offers which are not priced, or which are not substantiated in sufficient
detail, will be rejected.
15.3 Offers of technical alternatives shall be accompanied by all
information necessary for a complete evaluation, including design
calculations, drawings, method statements and specifications for materials
and workmanship where the alternative is not covered by the Specification,
together with a breakdown of the alternative prices and the Total
Alternative Contract Sum.
15.4 Only those alternative offers which appear to provide additional
financial, economic or technical benefits over the basic offer will be
considered by the Employer in tender evaluation (refer to Clause 28).
16. Pre-Tender Meeting
16.1 The tenderer or his official representative is advised to attend
a pre-tender meeting which will convene on ______________at ___________ at
16.2 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage and to
allow tenderers to inspect the Site and to examine conditions.
16.3 Tenderers are requested to submit any questions in writing or by
telex or telegram, to reach__________ not later than one week before the
16.4 Minutes of the meeting, including copies of the questions raised
and responses given, will be furnished expeditiously to all those
attending the meeting, and subsequently to all pre-qualified tenderers who
have picked up the tender documents. Any modification of the tender
documents listed in sub-clause 6.1 which may become necessary as a result
of the pre-tender meeting shall be made by the Employer or his agent
___________ exclusively through the issue of an Addendum pursuant to
Clause 8, and not through the minutes of the pre-tender meeting.
17. Format and Signing of Tenders
17.1 The tenderer shall prepare one original and two duplicate copies
of the documents comprising the tender as described in Clause 10.1 hereof,
bound within the Volume 3, and clearly marked “Original Tender” and
“Duplicate Tender” as appropriate. In the event of any discrepancy between
them, the original shall prevail.
17.2 The original and two duplicate copies of the tender shall be
typed or written in indelible ink and shall be signed by a person or
persons duly authorised to bind the tenderer to the Contract. Proof of
authorisation shall be furnished in the form of a written Power of
Attorney which shall accompany the tender. All pages of the tender where
entries or amendments have been made shall be initialled by the person or
persons signing the tender.
17.3 The complete tender shall be without alterations, interlineations
or erasures, except those to accord with the instructions of any Agenda
issued, or as necessary to correct errors made by the tenderer, in which
case such corrections shall be initialled by the person or persons signing
17.4 Only one tender may be submitted by each tenderer, not including
alternative offers submitted pursuant to Clause 15 hereof. No tenderer may
participate in the tender of another for the same contract in any relation
18. Sealing and Marking of Tenders
18.1 The tenderer shall seal the original and two duplicate tenders
each in an inner and an outer envelope, duly marking the envelopes as
“Original” and “Duplicate”.
18.2 The inner and outer envelopes shall:
(a) be addressed to _________. (address of employer’s agent)
(b) bear the following details:
(i) Tender for Construction of Contract _________;
(ii) _________ Project;
(iii) “Do not open before __________.”
18.3 The inner envelopes shall bear the name and address of the
tenderer to enable the tender to be returned unopened in case it is
declared late. The outer envelope shall not bear any identification of the
18.4 If the outer envelope is not marked as instructed above,
_________ Company will assume no responsibility for the misplacement or
premature opening of the tender. A tender opened prematurely for this
cause will be rejected by the Employer or his agent ___________ and
returned to the tenderer.
19. Deadline for Submission of Tenders
19.1 Tenders must be received by ______________ at the address
specified above no later than _________.
19.2 The Employer or his agent __________ Company may, at their
discretion, on giving not less than ________ calendar days notice by telex
or telegram to all pre-qualified tenderers who have picked up the tender
documents, extend the deadline for the submission of tenders by issuing an
Addendum in accordance with Clause 8, in which case all rights and
obligations of the Employer and the tenderers previously subject to the
deadline shall thereafter be subject to the new deadline as extended.
20. Late Tenders
Any tender received by ___________ Company after the prescribed
deadline for submission of tenders will be returned unopened.
21. Modification and Withdrawal of Tenders
21.1 The tenderer may modify or withdraw his tender after submission,
provided that the modification or notice of withdrawal is received in
writing by __________ Company prior to the prescribed deadline for
submission of tenders.
21.2 The tenderer’s modification or notice of withdrawal shall be
prepared, sealed, marked and despatched in accordance with the provisions
for the submission of tenders. A notice of withdrawal may also be sent by
telex or telegram, but shall be followed by a signed confirmation copy,
postmarked not later than the deadline for submission of tenders.
21.3 Subject to Clause 24 hereof, no tender may be modified subsequent
to the deadline for submission of tenders.
21.4 Withdrawal of a tender during the interval between the deadline
for submission of tenders and the expiration of the period of tender
validity may result in the forfeiture of tender security pursuant to
Tender Opening and Evaluation
22. Tender Opening
22.1 The Employer or his agent __________ will open the tenders, in
the presence of tenderers’ representatives who choose to attend, at
___________ on _______________ at the offices of __________. Tenderers’
representatives who are present shall sign a register evidencing their
22.2 Tenders for which an acceptable notice of withdrawal has been
submitted pursuant to Clause 21 hereof shall not be opened. The Employer
or his agent ___________ will examine the tenders to determine whether
they are complete, whether the requisite tender securities have been
furnished, whether the documents have been Properly signed, and whether
the tenders are generally in order.
22.3 The tenderers’ names, total amounts of tenders, tender price
modifications and tender withdrawals, if any, the presence of the
requisite tender security and such other details as the Employer or his
agent ____________, at their discretion, may consider appropriate will be
announced at the opening.
22.4 The Employer or his agent _____________ shall prepare minutes of
the tender opening for his own records. Such minutes shall be sent to the
World Bank together with the report on the evaluation of tenders as soon
as the latter is available.
23. Process to be Confidential
23.1 After the public opening of tenders, information relating to the
examination, clarification, evaluation and comparison of tenders and
recommendations concerning the award of contract shall not be disclosed to
tenderers or other persons not officially concerned with such process
until the award of a contract to the successful tenderer has been
23.2 Any effort by a tenderer to influence the Employer in the process
of examination, clarification, evaluation and comparison of tenders and
decisions concerning award of contract may result in the rejection of his
24. Clarification of Tenders
To assist in the examination, evaluation and comparison of tenders,
the Employer and _______________ Company may ask tenderers individually
for clarification of their tenders, including breakdowns of unit prices.
The request for clarification and the response shall be in writing or by
telex or telegram, but no change in the price or substance of the tender
shall be sought, offered or permitted except as required to confirm the
correction of arithmetical errors discovered by the Employer during the
evaluation of tenders in accordance with Clause 26 hereof.
25. Determination of Responsiveness
25.1 Prior to the detailed evaluation of tenders, the Employer and
_________ Company will determine whether each tender is substantially
responsive to the requirements of the tender documents.
25.2 For the purpose of this Clause, a substantially responsive tender
is one which conforms to all the terms, conditions and specifications of
the tender documents without material deviation or reservation. A material
deviation is one which affects in any substantial way the scope, quality
or administration of the Works, or which limits in any substantial way,
inconsistent with the tender documents, the Employer’s rights or the
tenderer’s obligations under the Contract, and the rectification of which
deviation or reservation would affect unfairly the competitive position of
other tenderers offering substantially responsive tenders.
25.3 If a tender is not substantially responsive to the requirements
of the tender documents, it shall be rejected by the Employer and
26. Correction of Errors
26.1 Tenders determined to be substantially responsive will be checked
by the Employer for any arithmetical errors in computation and summation.
Errors will be corrected by the Employer as follows:
(a) Where there is a discrepancy between amounts in figures and in
words, the amount in words will normally govern, unless it is clear from
the context that the amount in figures is correct; and
(b) where there is a discrepancy between the unit rate and the total
amount derived from the multiplication of the unit rate and the quantity,
the unit rate as quoted will normally govern unless, in the opinion of the
Employer, there is obviously a gross error in the unit rate; in which
event the total amount as quoted will govern and the unit rate will be
26.2 The amount stated in the Form of Tender will be adjusted by the
Employer in accordance with the above procedure for the correction of
errors and, with the concurrence of the tenderer, shall be considered as
binding upon the tenderer. The tenderer may, at his option, withdraw his
tender if acceptance of the corrected amount would cause hardship. However
in cases such as this, the tenderer is warned that such an action may
cause his tender security to be forfeited.
27. Conversion to Single Currency
The Tender Price is the sum of all payments stated or expressed as a
percentage in various currencies required to be made to the tenderer. To
facilitate evaluation and comparison of tenders, the Employer will convert
the amounts in various currencies in which the Tender Price is payable
(excluding Provisional Sums but including Daywork, where priced
competitively) to RMB at the selling rates established by Bank of China,
on the date specified for the opening of tenders.
28. Evaluation and Comparison of Tenders
28.1 The Employer and _____________ Company will evaluate and compare
only those tenders determined to be substantially responsive to the
requirements of the tender documents in accordance with Clause 25 hereof.
The Evaluation and comparison shall be based only on the “Basic” offer to
determine the lowest evaluated tenderer for award of the Contract.
28.2 In evaluating tenders, the Employer will determine for each
tender the Evaluated Tender Price by adjusting the tender price as
(a) making any correction for errors pursuant to Clause 26;
(b) excluding Provisional Sums and the provision, if any, for
Contingencies in the Summary Bill of Quantities, but including Dayworks
where priced competitively;
(c) converting all amounts to a single currency;
(d) adding any monetary cost of Mobilisation Advances, assessed in
accordance with sub-clause 28.3
(e) making an appropriate adjustment for any other acceptable
quantifiable variations, deviations or alternative offers not reflected in
the tender price or in the above-mentioned other adjustments.
(f) such other factors as the Employer considers may have a
potentially significant impact on contract execution, price and payments,
including the effect of items or unit rates in the tender that are
unbalanced or unrealistically priced.
28.3 The monetary costs to the Employer of variations in the amount of
mobilisation advances requested by tenderers pursuant to sub-clauses 15.1
(a), using a discount rate of ______ percent per annum, shall be added to
the respective tenderer’s tender price for comparison purposes only.
28.4 The Employer and ___________ Company reserves the right to accept
or reject any variation, deviation or alternative offer. Variations,
deviations, alternative offers and other factors which are in excess of
the requirements of the tender documents or otherwise result in the
accrual of unsolicited benefits to the Employer may not be taken into
account in tender evaluation.
28.5 Price adjustment provisions applying to the period of execution
of the Contract shall not be taken into account in tender evaluation.
28.6 If the tender of the successful tenderer is seriously unbalanced
in relation to the Engineer’s estimate of the real cost of work to be
performed under the Contract, the Employer may require that the amount of
the performance security set forth in Clause 34 be increased at the
expense of the successful tenderer to a level sufficient to protect the
Employer against financial loss in the event of subsequent default of the
successful tenderer under the Contract.
29. Preference for Domestic Tenderers
29.1 Domestic tenderers shall satisfy the following criteria to be
eligible for a _______% margin of preference in the comparison of their
tenders with those of non-eligible tenderers:
(a) be registered within China;
(b) have majority ownership by nationals of China; and
(c) shall not subcontract more than ________% of the contract works
(in terms of value) to foreign contractors.
29.2 Combinations and joint ventures between domestic and foreign
firms shall be eligible for the margin of preference provided:
(a) the domestic partner or partners individually satisfy the criteria
for eligibility set out above;
(b) the domestic partner or partners will, under the arrangements
proposed, carry out at least ________% of the contract works, measured in
terms of value.
(c) The domestic partner or partners would not be qualified for the
Contract Works in question on technical or financial grounds without the
29.3 The following procedure will be used to give effect to the margin
(a) After tenders have been evaluated fully in accordance with the
provisions of Clause 28 hereinabove, responsive tenders will be classified
into the following groups;
(i) Group A: tenders offered by domestic tenderers meeting the
criteria set forth in sub-clause 29.1 hereinabove and by joint ventures
meeting the criteria set forth in sub-clause 29.2 hereinabove; and
(ii) Group B: tenders offered by other tenderers.
(b) For the purpose of further evaluation and comparison of tenders
only, an amount equal to _________ percent of the tender price (as
adjusted pursuant to paragraphs (a), (b) and (c) of sub-clause 28.2) will
be added to the Evaluated Tender Price of tenders classified in Group B.
Award of Contract
30. Award Criteria
Subject to Clause 31, the Employer and ________ Company may award the
Contract to the tenderer whose tender has been determined to be
substantially responsive to the tendering documents and who has offered
the lowest Evaluated Tender Price pursuant to Clause 28 and paragraph (b)
of sub-clause 29.3 (if applicable), provided further that the tenderer has
the capability and resources to carry out the Contract effectively (refer
to sub-clause 3.5), but the employer and _________ Company gives no
guarantee that the lowest or any tender will be accepted.
31. Employer’s Rights
Notwithstanding Clause 30, the Employer reserves the right to accept
or reject any tender, and to annul the tendering process and reject all
tenders, at any time prior to award of contract, without thereby incurring
any liability to the affected tenderer or tenderers or any obligation to
inform the affected tenderer or tenderers of the grounds for the
32. Notification of Award
32.1 Prior to the expiration of the period of tender validity
prescribed by the Employer, the Employer will notify the successful
tenderer by telex or telegram confirmed in writing by registered letter
that his tender has been accepted. This letter (hereinafter and in the
Conditions of Contract called the “Letter of Acceptance”) shall name the
sum which the Employer will pay to the Contractor in consideration of the
execution, completion and maintenance of the Works by the Contractor as
prescribed by the Contract (hereinafter and in the Conditions of Contract
called the “Tender Sum”).
32.2 The notification of award will constitute the formation of the
32.3 Upon the furnishing by the successful tenderer of a performance
security in accordance with the provisions of Clause 34 hereof, the
Employer will promptly notify the other tenderers that their tenders have
33. Signing of Agreement
33.1 Within ________ days of notifying the successful tenderer that
his tender has been accepted, the Employer will send to the tenderer two
copies of the Form of Agreement provided in the tender documents,
incorporating all agreements between the parties.
33.2 Within__________ days of receipt of the Form of Agreement, the
successful tenderer shall execute the Agreement by signing or sealing, as
appropriate, and return both copies to the Employer. The Employer will
then execute the Agreement and return one copy to the Contractor.
34. Performance Security
34.1 Within _________ days of receipt of the Letter of Acceptance, the
successful tenderer shall furnish to the Employer a security for the due
performance of the Contract, in accordance with the Conditions of
Contract. The form of performance security provided in the tender
documents may be used, or some other form acceptable to the Employer.
34.2 If the performance security is to be provided by the successful
tenderer in the form of a bank guarantee, it shall be issued either by a
local bank; by a foreign bank through a correspondent local bank; or by a
foreign bank which has been determined by the tenderer to be acceptable to
34.3 If the performance security is to be provided by the successful
tenderer in the form of a bond, it shall be issued by a bonding or
insurance company which has been determined by the tenderer to be
acceptable to the Employer.
34.4 Failure of the successful tenderer to comply with the
requirements of Clauses 33 or 34 hereof shall constitute sufficient
grounds for the annulment of the award and forfeiture of the tender
security, in which event the Employer may make the award to the next
lowest evaluated tenderer or, if there are no other tenderers, call for