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: ℃18.4 If the outer envelope is not marked as instructed above,_________ Company will assume no responsibility for the misplacement orpremature opening of the tender. A tender opened prematurely for thiscause will be rejected by the Employer or his agent ___________ andreturned to thetenderer.19. Deadline for Submission of Tenders
19.1 Tenders must be received by ______________ at the addressspecified above no later than _________.
19.2 The Employer or his agent __________ Company may, at theirdiscretion, on giving not less than ________ calendar days notice by telexor telegram to all pre-qualified tenderers who have picked up the tenderdocuments, extend the deadline for the submission of tenders by issuing anAddendum in accordance with Clause 8, in which case all rights andobligations of the Employer and the tenderers previously subject to thedeadline shall thereafter be subject to the new deadline as extended.20. Late Tenders
Any tender received by ___________ Company after the prescribeddeadline for submission of tenders wil
l be returned unopened.21. Modification andWithdrawal of Tenders
21.1 The tenderer may modify or withdraw his tender after submission,provided that the modification or notice of withdrawal is received inwritingby __________ Company prior to the prescribed deadline forsubmission of tenders.
21.2 The tenderer's modification or notice of withdrawal shall beprepared, sealed, marked and despatched in accordance with the provisionsfor thesubmission of tenders. A notice of withdrawal may also be sent bytelex 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 subsequentto the deadline for submission of tenders.
21.4 Withdrawal of a tender during the interval between the deadlineforsubmission of tenders and the expiration of the period of tendervaliditymay result in the forfeiture of tender security pursuant toClause 14.
Tender Opening and Evaluation22. Tender Opening
22.1 The Employer or his agent __________ will open the tenders, inthepresence of tenderers' representatives who choose to attend, at___________ on _______________ at the offices of __________. Tenderers'representatives who are present shall sign a register evidencing theirattendance.
22.2 Tenders for which an acceptable notice of withdrawal has beensubmitted pursuant to Clause 21 hereof shall not be opened. The Employeror his agent ___________ will examine the tenders to determine whetherthey are complete, whether the requisite tender securities have beenfurnished, whether the documents have been Properly signed, and whetherthe tenders are generally in order.
22.3 The tenderers' names, total amounts of tenders, tender pricemodifications and tender withdrawals, if any, the presence of therequisite tender security and such other details as the Employer or hisagent ____________, at their discretion, may consider appropriate will beannounced at the opening.
22.4 The Employer or his agent _____________ shall prepare minutes ofthetender opening for his own records. Such minutes shall be sent to theWorld Bank together with the report on the evaluation of tenders as soonas the latter is available.23. Process to be Confidential
23.1 After the public opening of tenders, information relating to theexamination, clarification, evaluation and comparison of tenders andrecommendations concerning the award of contract shall not be disclosed totenderers or other persons not officially concerned with such processuntil the awardof a contract to the successful tenderer has beenannounced.
23.2 Any effort by a tenderer to influence the Employer in the processof examination, clarification, evaluation and comparison of tenders anddecisions concerning award of contract may result in the rejection of histender.24. Clarification of Tenders
To assist in the examination, evaluation and comparison of tenders,theEmployer and _______________ Company may ask tenderers individuallyfor clarification of their tenders, including breakdowns of unit prices.The requestfor clarification and the response shall be in writing or bytelex or telegram, but no change in the price or substance of the tendershall be sought, offered or permitted except as required to confirm thecorrection of arithmetical errors discovered by the Employer during theevaluation 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 substantiallyresponsive to the requirements of the tender documents.
25.2 For the purpose of this Clause, a substantially responsive tenderis one which conforms to all the terms, conditions and specifications ofthe tender documents without material deviation or reservation. A materialdeviat
ion is one which affects in any substantial way the scope, qualityor administration of the Works, or which limits in any substantial way,inconsistent with the tender documents, the Employer's rights or thetenderer's obligations under the Contract, and the rectification of whichdeviation or reservation would affect unfairly the competitive position ofother tenderers offering substantially responsive tenders.
25.3 If a tender is not substantially responsive to the requirementsof the tender documents, it shall be rejected by the Employer and_________ Company.26. Correction of Errors
26.1 Tenders determined to be substantially responsive will be checkedby 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 inwords, the amount in words will normally govern, unless it is clear fromthe context that the amount in figures is correct; and
(b) where there is a discrepancy between the unit rate and the totalamount derived from the multiplication of the unit rate and the quantity,the unit rate as quoted will normally govern unless, in the opinion of theEmployer, there is obviously a gross error in the unit rate; in whichevent the totalamount as quoted will govern and the unit rate will becorrected.
26.2 The amount stated in the Form of Tender will be adjusted by theEmployer in accordance 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 “Basic” 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 a
dded 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
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