with the above procedure for the correction oferrors and, with the concurrence of the tenderer, shall be considered asbinding upon the tenderer. The tenderer may, at his option, withdraw histender if acceptance of the corrected amount would cause hardship. Howeverin cases such as this, the tenderer is warned that such an action maycause his tender security to be forfeited.27. Conversion to Single Currency
The Tender Price is the sum of all payments stated or expressed as apercentage in various currencies required to be made to the tenderer. Tofacilitate evaluation and comparison of tenders, the Employer will convertthe amountsin various currencies in which the Tender Price is payable(excluding Provisional Sums but including Daywork, where pricedcompetitively) to RMB atthe selling rates established by Bank of China,on the date specified for theopening of tenders.28. Evaluation and Comparison of Tenders
28.1 The Employer and _____________ Company will evaluate and compareonly those tenders determined to be substantially responsive to therequirements of the tender documents in accordance with Clause 25 hereof.The Evaluation and comparison shall be based only on the \offer todetermine the lowest evaluated tenderer for award of the Contract.
28.2 In evaluating tenders, the Employer will determine for eachtender the Evaluated Tender Price by adjusting the tender price asfollows:
(a) making any correction for errors pursuant to Clause 26;
(b) excluding Provisional Sums and the provision, if any, forContingencies in the Summary Bill of Quantities, but including Dayworkswhere priced competitively;
(c) converting all amounts to a single currency;
(d) adding any monetary cost of Mobilisation Advances, assessed inaccordance with sub-clause 28.3
(e) making an appropriate adjustment for any other acceptablequantifiable variations, deviations or alternative offers not reflected inthe tender price or in the above-mentioned other adjustments.
(f) such other factors as the Employer considers may have apotentially significant impact on contract execution, price and payments,including the effect of items or unit rates in the tender that areunbalanced or unrealistically priced.
28.3 The monetary costs to the Employer of variations in the amount ofmobilisation advances requested by tenderers pursuant to sub-clauses 15.1(a), using a discount rate of ______ percent per annum, shall be added tothe respective tenderer's tender price for comparison purposes only.
28.4 The Employer and ___________ Company reserves the right to acceptor reject any
variation, deviation or alternative offer. Variations,deviations, alternative offers and other factors which are in excess ofthe requirements of the tender documents or otherwise result in theaccrual of unsolicited benefits to the Employer may not be taken intoaccount in tender evaluation.
28.5 Price adjustment provisions applying to the period of executionof the Contract shall not be taken into account in tender evaluation.
28.6 If the tender of the successful tenderer is seriously unbalancedin relation to the Engineer's estimate of the real cost of work to beperformed under the Contract, the Employer may require that the amount ofthe performance security set forth in Clause 34 be increased at theexpense of the successful tenderer to a level sufficient to protect theEmployer against financial loss in the event of subsequent default of thesuccessful tenderer under the Contract.29. Preference for Domestic Tenderers
29.1 Domestic tenderers shall satisfy the following criteria to beeligible for a _______% margin of preference in the comparison of theirtenderswith 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 foreignfirms shall be eligible for the margin of preference provided:
(a) the domestic partner or partners individually satisfy the criteriaforeligibility set out above;
(b) the domestic partner or partners will, under the arrangementsproposed, carry out at least ________% of the contract works, measured interms of value.
(c) The domestic partner or partners would not be qualified for theContract Works in question on technical or financial grounds without theforeignparticipation.
29.3 The following procedure will be used to give effect to the marginof preference:
(a) After tenders have been evaluated fully in accordance with theprovisions of Clause 28 hereinabove, responsive tenders will be classifiedinto the following groups;
(i) Group A: tenders offered by domestic tenderers meeting thecriteria set forth in sub-clause 29.1 hereinabove and by joint venturesmeetingthe 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 tendersonly, an amount equal to _________ percent of the tender price (asadjusted pursuant to paragraphs (a), (b) and (c) of sub-clause 28.2) willbe added tothe Evaluated Tender Price of tenders classified in Group B. Award of Contract30. Award Criteria
Subject to Clause 31, the Employer and ________ Company may award theContract to the tenderer whose tender has been determined to besubstantially responsive to the tendering documents and who has offeredthe lowest Evaluated Tender Price pursuant to Clause 28 and paragraph (b)of sub-clause 29.3 (if applicable), provided further that the tenderer hasthe capability and resources to carry out the Contract effectively (referto sub-clause 3.5), butthe employer and _________ Company gives noguarantee that the lowest orany tender will be accepted.31. Employer's Rights
Notwithstanding Clause 30, the Employer reserves the right to acceptor reject any tender, and to annul the tendering process and reject alltenders, at any time prior to award of contract, without thereby incurringany liability to the affected tenderer or tenderers or any obligation toinform the affected tenderer or tenderers of the grounds for theEmployer's action.32. Notification of Award
32.1 Prior to the expiration of the period of tender validityprescribed by the Employer, the Employer will notify the successfultenderer by telex or telegram confirmed in writing by registered letterthat his tender has been accepted. This letter (hereinafter and in theConditions of Contract called the \of Acceptance\shall name thesum which the Employer will pay to the Contractor in consideration of theexecution, completion and maintenance of the Works by the Contractor asprescribed by the Contract (hereinafter and in the Conditions of Contractcalled the \
32.2 The notification of award will constitute the formation of theContract.
32.3 Upon the furnishing by the successful tenderer of a performancesecurity in accordance with the provisions of Clause 34 hereof, theEmployer will promptly notify the other tenderers that their tenders havebeen unsuccessful.33. Signing of Agreement
33.1 Within ________ days of notifying the successful tenderer thathistender has been accepted, the Employer will send to the tenderer twocopies 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, thesuccessful tenderer shall execute the Agreement by signing or sealing, asappropriate, and return both copies to the Employer. The Employer willthen execute the Agreement and return one copy to the Contractor.34. Performance Security
34.1 Within _________ days of receipt of the Letter of Acceptance, thesuccessful tenderer shall furnish to the Employer a security for the dueperformance of the Contract, in accordance with the Conditions ofContract. The form of performance security provided in the tenderdocuments may be used, or some other form acceptable to the Employer.
34.2 If the performance security is to be provided by the successfultenderer in the form of a bank guarantee, it shall be issued either by alocal bank; by a foreign bank through a correspondent local bank; or by aforeign bank which has been determined by the tenderer to be acceptable tothe Employer.
34.3 If the performance security is to be provided by the successfultenderer in the form of a bond, it shall be issued by a bonding orinsurance company which has been determined by the tenderer to beacceptable to the Employer.
34.4 Failure of the successful tenderer to comply with therequirements of Clauses 33 or 34 hereof shall constitute sufficientgrounds for the annulment of the award and forfeiture of the tendersecurity, inwhich event the Employer may make the award to the nextlowest evaluatedtenderer or, if there are no other tenderers, call fornew tenders.
中英文对照:国际工程招标说明书
英文对照：国际工程招标说明书 中英文对照：国际工程招标说明书 国际工程招标说明书 日期： 合同招标 一、中华人民共和国从世界银行申请获得贷款，用于支付＿＿＿＿＿项目的费用。部分贷款将用于支付工程建筑、＿＿＿＿等各种合同。所有依世界银行指导原则具有资格的国家，都可参加招标。 二、中国＿＿公司（以下简称A公司）邀请具有资格的投标者提供密封的标书，提供完成合同工程所需的劳力、材料、设备和服务。 三、具有资格的投标者可从以下地址获得更多的信息，或参看招标文件： 中国A公司 （地址） 四、每一位具有资格的投标者在交纳＿＿＿＿＿美元（或人民币），并提交书面申请后，均可从上述地址获得招标文件。 五、每一份标书都要附一份投标保证书，且应不迟于＿＿＿＿＿（时间）提交给A公司。 六、所有标书将在＿＿＿＿＿（时间）当着投标者代表的面开标。 七、如果具有资格的国外投标者希望与一位中国国内的承包人组建合资公司，需在投标截止日期前30天提出要求。业主有权决定是否同意选定的国内承包人。 八、标前会议将在＿＿＿＿＿（时间）＿＿＿＿＿（地址）召开。 投标者须知 一、工程概述（根据具体情况写） 二、资金来源 （一）中华人民共和国向世界银行（以下简称IFI）申请一笔贷款，用以支付＿＿＿＿＿工程。其中部分贷款将用于支付此合同工程。只有应中国政府的要求，根据贷款协议的条件，IFI才会同意付款。除中国外，任何组织不能从贷款协议中获得权利或取得贷款。 （二）世行贷款只用于支付瑞士和与中国有商贸关系世行成员国生产的产品和提供的服务。