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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:
Contract.

  12.3 The total amount of foreign and local currencies expected to berequired by tenderers shall be substantiated in Schedules I and I(A)-Foreign Currency and Local Currency Requirements, and the annexthereto, Tenderers shall describe the manner in which such foreign andlocal currencies are expected to be used, relating specifically, but notlimited to:

  Foreign Currency

  (a) Expatriate staff directly employed on the Works:

  (b) social charges, insurance premiums and medical care related tosuch 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 spareparts, required for the Works;

  (e) insurance and freight charges for imported materials, plant andequipment, including spare parts; and

  (f) overhead expenses, fees and financial charges incurred outsideChina.

  Local Currency

  (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 theirforeign currency requirements, and to provide satisfactory proof that theamountsincluded in the unit rates and in Schedule I are reasonable andresponsive to sub-clause 12.1 hereof.

  12.5 The tender shall complete Schedule II - Estimated ContractPayments and shall substantiate the tabulation of this Schedule byattaching a  table indicating anticipated major quantities of  workperformed over the duration of the Works.13. Tender Validity

  13.1 The tender shall remain valid and open for acceptance for aperiod of six calendar months from the specified date of tender closing.

  13.2 In exceptional circumstances, prior to expiry of the originaltender validity period, the Employer or his agent ____________ may requestthe tenderers for a specified extension to the period of validity. Therequest andthe responses thereto shall be made in writing or by telex ortelegram. A tenderer may refuse the request without forfeiting his tendersecurity. A tendereragreeing to the extension will not be required norpermitted to alter his tender, but will be required to extend the validityof his tender security correspondingly. The provisions of Clause 14 hereofregarding discharge and forfeiture of tender security shall continue toapply during the extended period.14.Tender Security

  14.1 The tenderer shall furnish, as part of his tender, a tendersecurity in RMB Yuan in an amount of not less than _____ % of the TenderSum.

  14.2 The tender security shall, at the tenderer's option, be in theform of a certified cheque, a bank draft, an irrevocable letter of creditor 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 for

eign bank determined by the Tenderer in advance ofsubmission of bids to be acceptable to ___________.

  or a bond issued by an insurance company or bonding company likewiselocated. The format of the bank guarantee or bond shall be in accordancewith one of the sample forms included in these documents; other formatsmay be permitted subject to the prior approval of the Employer or hisagent __________. Letters of credit, bank guarantees and tender bondsshall 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 oftender validity in accordance with Clause 13 of the Instructions toTenderers, the Tenderer shall Provide an extension in the validity of thetender security of one calendar month beyond the validity of the extendedtender.

  14.4 Any tender not accompanied by an acceptable tender security willbe rejected by _________ as non-responsive.

  14.5 The tender securities of unsuccessful tenderers will  bedischarged 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 dischargedor returned upon the tenderer executing the Contract and furnishing therequired performance security.

  14.7 The tender security may be forfeited:

  (a) if a tenderer withdraws his tender during the period of tendervalidity; or

  (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 fullywith the requirements of the tender documents. The tenderer may, at hisoption,and in addition to the basic tender, offer tenders incorporatingalternativesto any of the following items now specified:

  (a) Advance Loan for Mobilisation

  An interest free advance loan will be made available to assist theContractor before commencing construction of the Works. Offers may be madefor such a loan of up to ________% of the Tender Sum. Evaluation will bemade of theassociated costs or savings accruing to the Employer inaccordance withClause 28.

  (b) (written as specific conditions)。

  15.2 Alternatives may be submitted in addition to basic tender. Inorder for alternatives to be considered in  the process of tenderevaluation, each alternative shall be accompanied by a detailed pricebreakdown indicating the tenderer's estimate of the additional or reducedcost in presentvalue to the Employer (refer to subclause 28.3 hereof)compared to the basic Tender Sum. Comparison and evaluation will be donefor the basic offer andalternatives of the lowest evaluated tenderer willbe given due consideration.Ifthe alternative offers were to be acceptedby the Employer, these will be incorporated into the Contract. Alternativeoffers which are not priced, or which are not substantiated in sufficientdetail, will be rejected.

  15.3 Offers of technical alternatives shall be accompanied by allinformation necessary for a  complete evaluation,  including  designcalculations, drawings, method statements and specifications for materialsand workmanship where the alternative is not covered by the Specification,together with a breakdown of the alternative prices and the TotalAlternative Contract Sum.

  15.4 Only those alternative offers which appear to provide additionalfinancial, economic or technical benefits over the basic offer will beconsidered 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 attenda pre-tender meeting which will convene on ______________at ___________ atthe ___________.

  16.2 The purpose of the meeting will be to clarify issues and toanswer questions on any matt

er that may be raised at that stage and toallow tenderers to inspect the Site and to examine conditions.

  16.3 Tenderers are requested to submit any questions in writing or bytelex or telegram, to reach__________ not later than one week before themeeting.

  16.4 Minutes of the meeting, including copies of the questions raisedandresponses given, will be furnished expeditiously to  all thoseattendingthe meeting, and subsequently to all pre-qualified tenderers whohave pickedupthe tender documents. Any modification of the tenderdocuments listed in sub-clause 6.1 which may become necessary as a resultof the pre-tender meeting shall be made by the Employer or his agent___________ exclusivelythrough the issue of an Addendum pursuant toClause 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 copiesof 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 betweenthem, the original shall prevail.

  17.2 The original and two duplicate copies of the tender shall betyped or written in indelible ink and shall be signed by a person orpersonsduly authorised to bind the tenderer to the Contract. Proof ofauthorisation shall be furnished in the form of a written Power ofAttorney which shall accompany the tender. All pages of the tender whereentries or amendments have been made shall be initialled by the person orpersons signing the tender.

  17.3 The complete tender shall be without alterations, interlineationsor erasures, except those to accord with the instructions of any Agendaissued,or as necessary to correct errors made by the tenderer, in whichcase such corrections shall be initialled by the person or persons signingthe tender.

  17.4 Only one tender may be submitted by each tenderer, not includingalternative offers submitted pursuant to Clause 15 hereof. No tenderer mayparticipate in the tender of another for the same contract in any relationwhatsoever.18. Sealing and Marking of Tenders

  18.1 The tenderer shall seal the original and two duplicate tenderseach 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

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