中英文对照:国际工程招标说明书
2009-03-24 法律英语 来源:互联网 作者: ℃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 ex
ercise of suchpermission, would not have arisen.
Tender Documents6. Content of Tender Documents
6.1 The set of documents issued to pre-qualified tenderers for thepurpose of tendering will cost RMB_______ or US $ ______ and will includethe stated number of copies of the following: Number of copies Description 1 Volume 1 Instructions to Tenderers
Conditions of Contract:
Part I——General
Part II——Conditions of Particular
Application 1 Volume 2 Specification
(incl. list of Drawings) 3 Volume 3 Form of Tender andAppendix 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 theclosing date of tenders in accordance with Clause 8 and any minutes ofpre-tender meetings issued in accordance with Clause 16 of theseInstructions to Tenderers.
6.3 Further copies of the documents may be purchased by pre-qualifiedtenderers for a non-refundable fee as follows: (sketch)
6.4 Sub-contractors, manufacturers, suppliers and others who requirecopies 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 tenderdocuments. Failure to comply with the requirements of the Instructions toTenderers wi
「正 文」be at the tenderer's own risk. Tenders which are notsubstantially responsive to the requirements of the tender documents maybe rejected.
6.7 The four volumes of the tender documents have been collated andbound by mechanical means and tenderers should check to ensure that theycontaina
「正 文」pages (which are numbered consecutively) and that allsupplementsreferred to are also included.7. Clarification of Tender Documents
7.1 A Prospective tenderer requiring any clarification of the tenderdocuments may notify ___________ in writing or by telex at the followingaddress: __________.
The Employer or his agent _____________ will respond in writing to anyrequest for clarification which is received more than _____ days prior tothe deadline for submission of tenders. Written copies of the response(including an explanation of the query, but without identifying the sourceof the inquiry) will be sent to all prequalified tenderers who have beenissued with tender documents.8. Amendment of Tender Documents
8.1 Prior to the deadline for submission of tenders, the Employer may,forany reason, whether at its own initiative or in response to aclarification requested by a prospective tenderer, modify the tenderdocuments bythe issue of an Addendum.
8.2 The Addendum will be sent in writing or by telex or telegram toallpre-qualified tenderers who have picked up the tender documents andwill bebinding upon them. Prospective tenderers shall promptlyacknowledgereceipt thereof by telex or telegram to ____________.
8.3 In order to afford prospective tenderers reasonable time in whichto take an Addendum into account in preparing their tenders, the Employeror his agent _________ may, at their discretion, extend the deadline forthe submission of tenders in accordance with Clause 19 hereof.
Preparation of Tenders9. Language of Tender
9.1 The tender and all correspondence relating to the tend
er exchangedby the tenderer and the Employer or his agent __________ shall be inEnglish. Supporting documents and printed literature furnished by thetenderer with the tender may be in another language provided they areaccompanied by an appropriate English translation of pertinent passages.For the purpose of interpretation of the tender, the English version shallprevail.10. Documents Comprising the Tender
10.1 The tender to be Prepared by the tenderer shall contain thefollowing:
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 withthese Instructions.
The Forms, Bill of Quantities and Schedules provided in Volume 3 ofthese documents shall be used without exception (subject to extensions ofthe Schedules in the same format, and to the provisions of Clause 14.2hereof regarding the alternative forms of tender security)。
10.2 All documents issued for the purpose of tendering as described inClause 6.1 and addenda issued in accordance with Clause 8 shall be deemedincorporated in the tender. Tender documents not required to be signed andsubmitted in accordance with Clauses 17 and 18 shall be returned to theoffice of issuebefore the expiry of the tender validity period, but mustnot be enclosed withthe Tender.
10.3 Tenderers shall submit with their tender a preliminary Programmein the format required by Clause 14 of the Conditions of Contract.
10.4 The successful tenderer will be required to revise or augment hisProgramme as set out in the Contract.11. Tender Prices
11.1 Unless explicitly stated otherwise in the tender documents, theContract shall be for the whole of the Works ______ as described in Clause1 hereof, based on the schedules of unit rates and amounts submitted bythe tenderer.
11.2 The tenderer shall fill in rates and amounts for all items ofwork described in the Bill of Quantities, whether quantities are stated ornot. Items against which no rate or amount is entered by the tenderer willnot be paidfor by the Employer when executed and shall be deemed coveredby the other rates and amounts entered in the Bill of Quantities.
11.3 All duties, taxes and other levies payable by the Contractorunder the Contract, or for any other cause, as at the date ________ daysprior to the date for submission of tenders shall be included in the ratesand amountsand total tender sum submitted by the tenderer, and theevaluation and comparison of tenders by the Employer shall be madeaccordingly.
11.4 The rates and amounts entered by the tenderer shall be subject toadjustment during the performance of the Contract in accordance with theprovisions of the Conditions of Contract. The tenderer shall completeSchedule III-Price Adjustment Provisions and shall submit with his tendersuch other supporting information as is required under Clause 70 of theConditions of Contract.12. Currencies of Tender and Payment
12.1 The unit rates and prices shall be quoted by the tender entirelyin RMB. A tenderer expecting to incur expenditures in other currencies forinputs to the Works supplied from outside China (referred to as “theforeign currency requirements”) shall indicate in Schedule I of “ForeignCurrency Requirements” the percentage of the Tender Price (excludingProvisional Sums) needed by him for the payment of such foreign currencyrequirements either (i)entirely in the currency of the tenderer's homecountry or, at the tenderer's option, (ii) entirely in US dollars, alwaysprovided that a tenderer expecting to incur expenditures in a currency orcurrencies other than those stated in (i) and (ii) above for a portion ofthe foreign currency requirements, and wishing to be paid
accordingly,shall so indicate the percentage portion in his tender. The percentageportion indicated shall remain fixed for the duration of the Contract. Theamounts in various currencies calculated on the basisof the percentagesindicated in the Tender and by use of the exchange rates indicated insubclause 12.2 hereinafter, shall be used for the purposeofconversionand comparison of tenders pursuant to Clause 70.
12.2 The rates of exchange to be used by the tenderer for currencyconversion shall be the governing selling rates published by the Bank ofChina on the date ______ day prior to the latest date for the submissionof tenders.If exchange rages are not so published for certain currencies,the tenderer sha
「正 文」state the rates used and the source. For the purpose ofpayments, the exchange rates used in tender preparation shall apply forthe duration of the
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