（３）没有外方参与，在技术或金融方面国内合伙人没有资格进行合同工程。
（三）实行优惠须遵守下列程序：
（１）在按条款二十八全面评标后，合乎要求的标书被分成下列几组：
甲组：国内投标者的标书，满足上述（一）的标准；和合资投标者的标书，满足上述（二）的标准；
乙组：其他投标者的标书。
（２）在进一步评估、比较中，相当于投标价格７．５％的数额（按条款二十八调整后）将被加在Ｂ组标书的投标价格上。
授 标
三十、授标标准
按条款三十一，业主和Ａ公司将把合同交给标书符合投标文件的要求，且按条款二十八和二十九（如果适用）评价后价格最低的投标者，且该投标者有能力和资源来有效执行合同。业主和Ａ公司不保证报价最低或任何标书将被接受。
三十一、业主的权利
尽管有条款三十，业主保留以下权利：接受或拒绝任何标书；在授标前任何时候取消招标，拒绝所有标书，且对因此受影响的投标者不负任何责任，也无义务告知投标者他的行为动机。
三十二、授标通知
（一）在业主规定的标书有效期结束前，业主将用电传或电报（事后用挂号信书面确认）通知成功的投标者其标书已被接受挂号信（合同条款中称作“接受证书”）中应明确业主在考虑工程建设、完成及维修等因素后将支付给承包人的款额（合同条款中称作“投标额”）。
（二）授标通知构成合同的一部分。
（三）在成功投标者按条款三十四提交一份履约保函后，业主立即通知其他投标者他们的投标不成功。
三十三、签订合同
（一）在通知成功投标者后２８天内，业主将寄去两份投标文件提供的协议，双方同意的规定已写入。
（二）收到协议后２８天内，成功投标者签字、封缄使协议生效，把两份都还给业主。业主签字协议生效后，还给承包人一份。
三十四、履约保函
（一）在收到接受证书后２８天内，成功投标者应按合同条款向业主提交一份保函，保证将执行合同。保函可以使用投标文件中提供的格式，也可使用其他业主接受的格式。
（二）如果成功投标者提交的是一份银行保函，则保函应由一家当地银行，或外国银行通过一家当地代理行，或投标者认为业主可接受的一家外国银行开具。
（三）如果保函采取债券方式，债券应由投标者认为业主可接受的债券公司或保险公司发行。
（四）如果成功投标者未遵守条款三十三、三十四的要求，将构成充足理由使业主取消对其授标，投标者还将失去投标保证书。
在此情况下，业主可向其次的评价最低的投标者授标。如果没有其他投标者，可重新招标。
【名称】 11. INVITATION TO TENDER
【题注】 Whole Doc.
Date:
Tender No.
1. The People's Republic of China has-applied for a loan and creditfrom the World Bank towards the cost of ________________ Project. It isintended that part of the proceeds of this loan and credit will be appliedto eligiblepayment under various contracts for ____________ , __________,__________. Tendering is open to all tenderers from eligible sourcecountries as definedunder the \ the WorldBank.
2. ___________ Company now invites sealed tenders from pre-qualifiedtenderers for provision of the necessary labour, materials, equipment andservices for the construction and completion of the project.
3. Pre-qualified tenderers may obtain further information from, andinspect the tender documents at the office of: ________.
4. A complete set of tender documents may be obtained by anypre-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 anacceptable form and must be delivered to ________ Company at theabove-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 venturewith a domestic contractor, such a request will be considered if receivedwithin ______ days before the closing date for submission of tenders. Theselected local contractor shall be subject to approval by the Employer.
8. The Pre-Tender Meeting will be held on __________ at the followingaddress: _________. Instructions to Tenderers
General1. Description of Works (sketch)
All tenderers shall have equal access for supply of domestic labourandmaterial.
The Contractor shall make his own arrangements for the procurement oflocal labour, materials, transportation and other services.
The Employer will assist Contractor in locating potential number ofsuppliers for local labour, materials. The Employer will also assist thecontractor in making his own arrangement for supply of fuel andexplosives.2. Source of Funds
2.1 The People's Republic of China has applied for a loan and creditfrom the World Bank (hereinafter referred to as the IFI) towards the costof ____________ Project, and intends to apply a portion of the proceeds ofthe loan and credit to eligible payments under the Contract for whichthese documentsare issued. Payment by the IFI will be made only at therequest of the Chinese Government and upon approval by the IFI and will besubject in all respectsto the terms and conditions of the Loan Agreement.No party other than the People's Republic of China shall derive any rightsfrom the Loan Agreement or haveany claim to the loan proceeds.
2.2 Payment from the proceeds of the World Bank Loan will be limitedto goods produced in, and services supplied from, Switzerland and themember countries of the World Bank which have commercial relations withChina.
2.3 All costs not met by the IFI Loan will be paid by the Employerfrom funds allocated by the Government of China.3. Eligibility and Qualification Requirements
3.1 This tender is open to all pre-qualified tenderers from eligiblesource countries as defined under the \ theworld Bank.
3.2 All goods and services to be supplied under this Contract shallhave their origin in eligible source countries, and all expenditures madeunder the Contract will be limited to such goods and services.
3.3 The origin of goods and services is distinct from the nationalityof the tenderer.
3.4 To be eligible for award of contract, tenderers shall haveprovided evidence satisfactory to the Employer of their eligibility underclause 3.1 above, and of their capability and adequacy of resources toeffectivelycarry out the Contract. To this end, the Employer and____________ company may, at any time prior to award of contract, requesttenderers to amplifyor update previously submitted prequalification data.All Tenders submitted sha
【正 文】include the following information:
(a) copies of original documents defining the constitution or legalstatus, place of registration and principal place of business of thecompany, firm or partnership or, if a joint venture, of each party theretoconstituting the tenderer;
(b) the qualifications and experience of key personnel proposed foradministration and execution of the Contract, both on and off site, in theformat prescribed in Schedule V;
(c) major items of constructional plant and equipment proposed for usein carrying out the Contract in the format prescribed in Schedule IV;
(d) a list of proposed sub-contractors in the format prescribed inSchedule VI;
(e) information regarding any current litigation in which the tendereris involved;
(f) the details of the construction methods proposed.
3.5 For the purposes of sub-clause 3.4, tenderers who have beenpre-qualified may update and augment the information supplied with theirapplication for pre-qualification, and, in particular, shall giveparticularsof work in hand at the date of tendering.
3.6 Tenders submitted by a joint venture of two or more firms aspartners shall comply with the following requirements:
(a) the tender, and in case of a successful tender the Form ofAgreement, shall be signed so as to be legally binding on all partners;
(b) one of the Joint Venture members shall be nominated as sponsor;andthis authorisation shall be evidenced by submitting a power ofattorneysigned by legally authorised signatories of all the members ofthe joint venture;
(c) the joint venture sponsor shall be authorised to incur liabilitiesandreceive instructions for and on behalf of any and all members of thejoint venture and the entire execution of the Contract including paymentshall be done exclusively with the joint venture sponsor;
(d) all members of the joint venture shall be liable jointly andseverally for the execution of the Contract in accordance with theContract terms, and a relevant statement to this effect shall be includedin the authorisation mentioned under (b) above as well as in the Form ofTender and the Form of Agreement (in case of a successful tender); and
(e) a copy of the agreement entered into by the joint venture partnersshall be submitted with the tender.
3.7 Domestic tenderers or combinations or joint ventures of domesticandforeign tenderers applying for eligibility for the application of a_____% margin of preference in the comparison of their tender with othertenders shall supply all information required to satisfy the criteria foreligibility as described in Clause 29 of these Instructions.4. Cost of Tendering
The tenderer shall bear all costs associated with the preparation andsubmission of his tender and neither the Employer nor his agent___________ Company will in any way be responsible or liable for thosecosts, 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 Worksandthe surroundings and to obtain for himself on his own responsibility,all information that may be necessary for preparing the tender andentering into a contract. The costs of visiting the site shall be at thetenderer's own expense.
5.2 Arrangements for a visit to site, including transportation andaccommodation. will be made by the Employer or his agent _________ Companyand will be advised to tenderers at the pre- tender meeting, details ofwhich are given in Clause 16 of these Instructions to Tenderers.,
5.3 The tenderer and any of his representatives will be grantedpermission by the Employer or his agent ___________ company to enter uponits premises and lands for the purpose of such inspection by priorarrangement, but only upon the express condition that the tenderer and hisrepresentatives, will release and indemnify the Employer or his agent___________ Companyand its personnel from and against all liability inrespect thereof and willbe responsible for personal injury (whether fatalor otherwise), loss of or damage to property and any other loss, damage,costs and expenses however caused, which, but for the exercise of suchpermission, would not have arisen.
Tender Documents6. Content of Tender Documents