FIDIC Tendering ProcedureFIDIC Tendering Procedure

Dr. X. ZHENGDr. X. ZHENG

China University of GeosciencesChina University of Geosciences

Tel.: 86-10-82321976Tel.: 86-10-82321976

E-mail: xiuhuazh@cugb.edu.cnE-mail: xiuhuazh@cugb.edu.cn

Obtaining Tender Procedure:Obtaining Tender Procedure:

1.1. Preparation Tender DocumentPreparation Tender Document

2.2. Issue of Tender Document Issue of Tender Document

3.3. Visit to Site by TenderersVisit to Site by Tenderers

4.4. Tenderer’s QueriesTenderer’s Queries

5.5. Addenda to Tender DocumentsAddenda to Tender Documents

6.6. Submission and Receipt of TenderersSubmission and Receipt of Tenderers

3.0 OBTANING TENDERS3.0 OBTANING TENDERS招标招标

3.1 Preparation of Tender Documents3.1 Preparation of Tender Documents

3.1.1 General3.1.1 General

- Letter of invitation to tender.- Letter of invitation to tender.

- Instructions to tenderers.- Instructions to tenderers.

- Tender form and appendices.- Tender form and appendices.

- Conditions of contract (Parts I and II) together with any Conditions of contract (Parts I and II) together with any requisite forms.requisite forms.

- Specification- Specification

- Drawings.- Drawings.

- Bill of quantities or schedule of prices.- Bill of quantities or schedule of prices.

- Information data.- Information data.

- List of additional information required from tenderers.- List of additional information required from tenderers.

The contents of tender documentsThe contents of tender documents

"Letter of invitation to ten"Letter of invitation to ten

der" and "Instructions to teder" and "Instructions to te

nderers" will normally nderers" will normally not fnot f

orm part of the contract agrorm part of the contract agr

eementeement and consequently r and consequently r

equirements and conditionequirements and condition

s applying to matters arisins applying to matters arisin

g g after award of contractafter award of contract m m

ust be incorporated elsewhust be incorporated elsewh

ere in the tender documentere in the tender document

s.s.

The The scope of the contract and an outline of thscope of the contract and an outline of th

e tender documentse tender documents （合同范围和招标文件纲（合同范围和招标文件纲要）要） should be prepared should be prepared before the prequalifibefore the prequalifi

cation documentscation documents in order to achieve consist in order to achieve consist

ency between these two sets of documents.ency between these two sets of documents.

The letter of invitation to tender should be an The letter of invitation to tender should be an employer's heemployer's headed paperaded paper and should include: and should include:

- Tender reference and title- Tender reference and title （招标编号和名称）（招标编号和名称） ..

- List of documents issued.- List of documents issued.

- Receipt form for the tender documents (to be signed and ret- Receipt form for the tender documents (to be signed and returned by the tenderers).urned by the tenderers).

- - Instruction to inform the employer/engineerInstruction to inform the employer/engineer, in writing, of an, in writing, of any significant changes to the data supplied in the prequalificy significant changes to the data supplied in the prequalification application.ation application.

- Date and place- Date and place of tender submission and tender opening. of tender submission and tender opening.

3.1.2 Letter of Invitation to Tender3.1.2 Letter of Invitation to Tender

The letter of invitation should The letter of invitation should be kept as be kept as short short as possible. as possible. Detailed information should bDetailed information should be contained in the instructione contained in the instructions to tenderers.s to tenderers.

3.1.3 Instructions to Tenderers3.1.3 Instructions to Tenderers投标人须知投标人须知

GeneralGeneral

Instructions to tenderers should be Instructions to tenderers should be prepared prepared

by the employer/engineer to meet the particulby the employer/engineer to meet the particul

ar requirements of individual contracts. ar requirements of individual contracts. The The

purpose of the documentpurpose of the document is to convey inform is to convey inform

ation and instructions that will govern the preation and instructions that will govern the pre

paration, submission and evaluation of tendeparation, submission and evaluation of tende

rs.rs.

When determining When determining the tender period,the tender period, th th

e employer/engineer must ensure that e employer/engineer must ensure that aa

dequate time is available for tenderers tdequate time is available for tenderers t

o prepareo prepare their tenders taking into acco their tenders taking into acco

unt the size, complexity and location of unt the size, complexity and location of

the project in question.the project in question.

Tenderers should be notified of the Tenderers should be notified of the number onumber o

f copiesf copies of their tender that are required, stip of their tender that are required, stip

ulating that one set of the documents should ulating that one set of the documents should

be clearly marked be clearly marked ""Original TenderOriginal Tender ”and the ”and the

others (which should be photocopies) markeothers (which should be photocopies) marke

d d ""CopyCopy"" and that, in the event of discrepanc and that, in the event of discrepanc

y, the "y, the "Original Tender" shall take precedencOriginal Tender" shall take precedenc

ee..

If If a power of attorney(a power of attorney( 委托书委托书 )) is required, de is required, de

tails of the precise requirements should be gitails of the precise requirements should be gi

ven.ven.

The tenderers‘ attention should be drawn tThe tenderers‘ attention should be drawn t

o any requirement for documents to be o any requirement for documents to be notnot

arised(arised( 公证）公证） and and legalisedlegalised （合法化） （合法化） aa

t the embassy or consulatet the embassy or consulate （领事馆）（领事馆） of of

the employer's country.the employer's country.

Tenderers should be informed whether the successful Tenderers should be informed whether the successful

tenderer will be required to establish tenderer will be required to establish a locally a locally

registered company for the purpose of the contract.registered company for the purpose of the contract.

The instructions to tenderers should state thThe instructions to tenderers should state th

at the employer does not at the employer does not bind himselfbind himself to awa to awa

rd a contract to any of the tenderers.rd a contract to any of the tenderers.

If If remunerationremuneration （报酬） （报酬） is to be made to tenis to be made to ten

derers who submit responsive tenders, derers who submit responsive tenders, the sthe s

um should be advised.um should be advised. If not, it should be sti If not, it should be sti

pulated that all costs and expenses associatpulated that all costs and expenses associat

ed with the preparation and submission of teed with the preparation and submission of te

nders shall be bornenders shall be borne （承担） （承担） by the tendereby the tendere

rs.rs.

Consideration should be given to offering soConsideration should be given to offering so

me me remunerationremuneration to tenderers if they, in orde to tenderers if they, in orde

r to provide a responsive tender, have to undr to provide a responsive tender, have to und

ertake studies or carry out design work of a certake studies or carry out design work of a c

onceptual nature. This will normally be the caonceptual nature. This will normally be the ca

se in se in "Design, Build, Operate and Transfer" p"Design, Build, Operate and Transfer" p

rojects or “Design, Build and Operate" rojects or “Design, Build and Operate" ..

The instructions to tenderers should The instructions to tenderers should contain a contain a list list

of the documentsof the documents required to form a complete tend required to form a complete tend

er.er.

Tenderers should be informed that a tender will Tenderers should be informed that a tender will be be

rejectedrejected unless it is substantially responsive. unless it is substantially responsive.

It should be made clear to tenderers that It should be made clear to tenderers that any correany corre

ctions must be initialledctions must be initialled. Data presented by tender. Data presented by tender

ers in the form of computer printouts, where approers in the form of computer printouts, where appro

priate, should normally be accepted.priate, should normally be accepted.

DocumentsDocuments

Alternative TendersAlternative Tenders投标书的替代方案投标书的替代方案

Tenderers should be informed of whether alternative tendeTenderers should be informed of whether alternative tende

rs will be considered or not. A compliant tender is normally rs will be considered or not. A compliant tender is normally

a precondition for considering alternative tenders.a precondition for considering alternative tenders.

Alternative tenders must include Alternative tenders must include a comprehensive and prea comprehensive and pre

cise descriptioncise description of the parts of the tender documents ,whic of the parts of the tender documents ,whic

h have been altered, The alternative tender should include fh have been altered, The alternative tender should include f

ull details of contractual conditions specification, drawings,ull details of contractual conditions specification, drawings,

calculations, environmental impacts and cost for the parts calculations, environmental impacts and cost for the parts

of the works that have been altered in order to allow a fair tof the works that have been altered in order to allow a fair t

echnical and financial evaluation of the alternative proposaechnical and financial evaluation of the alternative proposa

l.l.

Modification to TendersModification to Tenders对投标书的修正对投标书的修正

The tenderer should be informed that, if he has delThe tenderer should be informed that, if he has del

ivered, posted or dispatched his tender ivered, posted or dispatched his tender prior to the prior to the

formal submission dateformal submission date he has he has the right to modify the right to modify

or make corrections to it,or make corrections to it, provided that any such provided that any such

modifications or corrections are received by the emodifications or corrections are received by the e

mployer/engineer in writing prior to the time specifmployer/engineer in writing prior to the time specif

ied for submission of Tenders. ied for submission of Tenders. The original tender The original tender

thus modified or corrected would then be considerthus modified or corrected would then be consider

ed as the official tender.ed as the official tender.

Financing ArrangementsFinancing Arrangements

Tenderers should be advised of the Tenderers should be advised of the source of financsource of financ

e and related conditions.e and related conditions.

Where tenderers are required to Where tenderers are required to provide financingprovide financing

(( 带资承包）带资承包） they should be instructed to provide infthey should be instructed to provide inf

ormation as to source of finance and the conditions ormation as to source of finance and the conditions

which will apply.which will apply.

Currencies and PaymentsCurrencies and Payments货币与支付货币与支付

Specific instructions should be given concerning tSpecific instructions should be given concerning t

he currencies to be used in the preparation of the the currencies to be used in the preparation of the t

ender. ender. Tenderers should also be advised in which Tenderers should also be advised in which

currency/currencies payments will be effected.currency/currencies payments will be effected.

Where tenderers are required to empress their tenders in a Where tenderers are required to empress their tenders in a single currency (usually the currency of the country in whisingle currency (usually the currency of the country in which the works are to be carried out) ,ch the works are to be carried out) ,it is necessary to define it is necessary to define the rates of exchange which have been used to convert ththe rates of exchange which have been used to convert the various currencies in which payment is required into a sie various currencies in which payment is required into a single currency unit. ngle currency unit. As more than one tenderer may request As more than one tenderer may request part payment in one particular currency, it is preferable thapart payment in one particular currency, it is preferable that the exchange rates to be used should be consistent and, tt the exchange rates to be used should be consistent and, thereforeherefore, that they should be defined by the employer/engi, that they should be defined by the employer/engineer and notified to each tenderer a reason able time beforneer and notified to each tenderer a reason able time before the date of submission. e the date of submission. Normally, these rates should be tNormally, these rates should be the selling prices quoted by the local central bank and the rhe selling prices quoted by the local central bank and the rates should be those quoted at the time of closing 28 days ates should be those quoted at the time of closing 28 days before the tender submission date. The rates quoted are inbefore the tender submission date. The rates quoted are incorporated in the contract when awarded.corporated in the contract when awarded.

Domestic PreferencesDomestic Preferences

Tenderers should be advised if and how Tenderers should be advised if and how dd

omestic preferencesomestic preferences （国内优惠）（国内优惠） will be will be

applied in the evaluation of tenders.applied in the evaluation of tenders.

Tender SecuritiesTender Securities

The requirements for a The requirements for a tender securitytender security （投标保证）（投标保证） , if any, , if any,

will be determined by the circumstances of each project. will be determined by the circumstances of each project. If If

a tender security is required, a form should be included in ta tender security is required, a form should be included in t

he tender documentshe tender documents. A standard form of tender security is . A standard form of tender security is

shown in Appendix III . shown in Appendix III . The The amount and currency (ies)amount and currency (ies) of th of th

e security should be statede security should be stated. In all cases the surety(. In all cases the surety( 担保担保人） 人） or sureties must be satisfactory to the employer. or sureties must be satisfactory to the employer. If a tIf a t

ender security has been requested, any tender which, has ender security has been requested, any tender which, has

not been so secured will be rejected. not been so secured will be rejected.

Tenderers should be advised of the period of Tenderers should be advised of the period of validityvalidity

which is required for the which is required for the tender securitytender security,, and and the evethe eve

ntsnts which will entitle which will entitle the employer to call the securitthe employer to call the securit

y(y( 没收投标保证）没收投标保证） . The terms reflected in the standar. The terms reflected in the standar

d Form of Tender Security shown in Appendix are Ⅲd Form of Tender Security shown in Appendix are Ⅲ

as follows:as follows:

a. that it shall remain a. that it shall remain in full forcein full force and effect until and effect until

the earliest ofthe earliest of

i.i. [date], being [ ]days from [submission date], th [date], being [ ]days from [submission date], th

e date stipulated by the Authoritye date stipulated by the Authority （雇主） （雇主） for thfor th

e submission of tenders, or any prolongation of e submission of tenders, or any prolongation of

such date above notified to the Authority by the such date above notified to the Authority by the

Tenderer and the Surety in writing; Tenderer and the Surety in writing;

ii.ii. in the event of acceptance of the Tender by the A in the event of acceptance of the Tender by the A

uthority, the date upon which, the Tenderer proviuthority, the date upon which, the Tenderer provi

des a des a performance security(performance security( 履约担保）履约担保） to the Ato the A

uthority in accordance with the terms of the conuthority in accordance with the terms of the con

tract thereby made between them, ortract thereby made between them, or

iii.iii. in the event of acceptance by the Authority of a t in the event of acceptance by the Authority of a t

ender for the Works from a third party, the date uender for the Works from a third party, the date u

pon which such third party provides the relevant pon which such third party provides the relevant

performance security.performance security.

b. subject to this Bondb. subject to this Bond （保函） （保函） being in full force and being in full force and

effect, the Surety shall pay the full amount specified effect, the Surety shall pay the full amount specified

in this Bond upon receipt of a in this Bond upon receipt of a written certificatewritten certificate fro fro

m the Authority stating that:m the Authority stating that:

i. the Tenderer has withdrawn his Tender during the vai. the Tenderer has withdrawn his Tender during the va

lidity of this Bond, orlidity of this Bond, or

ii. the Tenderer has failed to provide a performance secii. the Tenderer has failed to provide a performance sec

urity to the Authority in accordance with the terms ourity to the Authority in accordance with the terms o

f the contract between them upon acceptance of the f the contract between them upon acceptance of the

Tender. Tender.

It is recommended that the period of validity of thIt is recommended that the period of validity of th

e security (Bond) shall equal the period of validity e security (Bond) shall equal the period of validity

of the tender plus the time allowed for the tendereof the tender plus the time allowed for the tendere

r to provide his performance security under the ter to provide his performance security under the te

rms of the eventual Contractrms of the eventual Contract （最终合同） （最终合同） betweebetwee

n n the contractor(the contractor( 中标人）中标人） and the employer. Tenand the employer. Ten

derers should be advised that their tender securitderers should be advised that their tender securit

ies will be returned to them as soon as the securities will be returned to them as soon as the securit

y is no longer in full force and effect as covered iy is no longer in full force and effect as covered i

n sub-paragraph (a) above. n sub-paragraph (a) above.

The employer/engineer should select the typThe employer/engineer should select the typ

e and amount of security most appropriate to e and amount of security most appropriate to

the contract to be awarded. It is preferable ththe contract to be awarded. It is preferable th

at the amount of security should be stated as at the amount of security should be stated as

a specific sum rather than as percentage of ta specific sum rather than as percentage of t

he tender price.he tender price.

Evaluation CriteriaEvaluation Criteria

The The evaluation criteria,evaluation criteria, which will form the ba which will form the ba

sis for the selection of the most advantageousis for the selection of the most advantageou

s tender, should be specified.s tender, should be specified.

If a If a specific method of evaluationspecific method of evaluation is to be use is to be use

d in selecting the successful tender, the metd in selecting the successful tender, the met

hod should be described in the instructions thod should be described in the instructions t

o tenderers.o tenderers.

While adjudication generally will be primarily While adjudication generally will be primarily on the basis oon the basis of tender pricef tender price , other factors which may be relevant include , other factors which may be relevant include（尽管对投标书的裁定一般主要依据投标价格，其他相关的因素（尽管对投标书的裁定一般主要依据投标价格，其他相关的因素还有）还有） ::

- time for completion- time for completion

- suitability of technology- suitability of technology

- life cycle costs of construction and plant- life cycle costs of construction and plant

- environmental impact during the lifetime of the project- environmental impact during the lifetime of the project

- avoidance of hazardous materials- avoidance of hazardous materials

- quality and serviceability of plant- quality and serviceability of plant

- project financing- project financing

- operation and maintenance costs- operation and maintenance costs

These factors shall be, to the extent practicaThese factors shall be, to the extent practica

ble, expressed in monetary terms or given a ble, expressed in monetary terms or given a

weightweight （权重） （权重） in the evaluation provision oin the evaluation provision o

f the tender documents.f the tender documents.

Performance SecuritiesPerformance Securities履约担保履约担保

If a security (guarantee or bond) for performance iIf a security (guarantee or bond) for performance i

s required, s required, the type and termsthe type and terms should be specified should be specified

in the in the conditions of contractconditions of contract. The terms should inc. The terms should inc

lude the lude the period of validity of the security, the procperiod of validity of the security, the proc

edure to be followed if the security is forfeitedure to be followed if the security is forfeit （没（没收）收） , arrangements for its release, arrangements for its release （退还） （退还） and thand th

e currency of any monetary transactionse currency of any monetary transactions （交易） （交易） involved.involved.

ChecklistChecklist

The following checklist is included to assist in the preparatThe following checklist is included to assist in the preparat

ion of instructions to tenderers and shows subjects which ion of instructions to tenderers and shows subjects which

should be covered:should be covered:

- The language of the tender.- The language of the tender.

- The number of copies of the tender that are required.- The number of copies of the tender that are required.

- Which documents have to be filled in by the tenderer and - Which documents have to be filled in by the tenderer and

returned by the submission date and which have to be signreturned by the submission date and which have to be sign

ed.ed.

- - The requirement for each tenderer to provide a power of aThe requirement for each tenderer to provide a power of a

ttorney for the signature (s) to the tender,ttorney for the signature (s) to the tender,

- Any special rules regarding treatment of taxes, duties and - Any special rules regarding treatment of taxes, duties and

other fiscal matters other fiscal matters （税收、关税以及其他财政事宜） （税收、关税以及其他财政事宜） in the in the

tender.tender.

- Validity period of the tender.- Validity period of the tender.

- Any documents other than those issued as part of the ten- Any documents other than those issued as part of the ten

der documents which the tenderer must include with his teder documents which the tenderer must include with his te

nder (e.g, technical description or drawings, proposed metnder (e.g, technical description or drawings, proposed met

hods of construction, proposed environmental protection hods of construction, proposed environmental protection

measurements, proposed programmemeasurements, proposed programme （拟定的进度计划）（拟定的进度计划） , ,

schedule of key staffschedule of key staff （关键职员表）（关键职员表） , quality control)., quality control).

- - Procedure for issuing addenda to the tender Procedure for issuing addenda to the tender

documentsdocuments （颁发招标补遗的程序）（颁发招标补遗的程序） ..

- - Procedure for dealing with queriesProcedure for dealing with queries （质疑） （质疑） raised by tenderersraised by tenderers..

- Instructions for packing, labelling and addre- Instructions for packing, labelling and addre

ssing the tender (including a supply of standssing the tender (including a supply of stand

ard labels if this is the practice of the employard labels if this is the practice of the employ

er).er).

- Procedure to be adopted for tenderers to in- Procedure to be adopted for tenderers to in

spect the site of the works.spect the site of the works.

- Procedure for inspecting any special docum- Procedure for inspecting any special docum

ents not issued with the tender documents (e.ents not issued with the tender documents (e.

g. site investigation reports).g. site investigation reports).

- Circumstances under which alternative offe- Circumstances under which alternative offe

rs may be submitted.rs may be submitted.

- - Confidentiality of tender documentsConfidentiality of tender documents （招标（招标文件的保密性）文件的保密性） ..

- Procedure for the return of tender documen- Procedure for the return of tender documen

ts by unsuccessful tenderers (if required).ts by unsuccessful tenderers (if required).

- - Procedure for dealing with requests for exteProcedure for dealing with requests for exte

nsion of time by tenderersnsion of time by tenderers （处理投标人的延（处理投标人的延期要求的程序）期要求的程序） ..

- Arrangements for the opening of tenders.- Arrangements for the opening of tenders.

- Procedure for dealing with arithmetic errors - Procedure for dealing with arithmetic errors

found in tenders during evaluation.found in tenders during evaluation.

- Rules relating to disqualification/rejection o- Rules relating to disqualification/rejection o

f tenders (f tenders (e. g. late arrivals, altered figures, ine. g. late arrivals, altered figures, in

complete submissions and deviations-complete submissions and deviations- 迟到、迟到、更改数字、提交文件不完全、偏离要求更改数字、提交文件不完全、偏离要求 ).).

- Any unusual features of the particular tende- Any unusual features of the particular tende

ring processring process （具体招标过程中的任何特殊情（具体招标过程中的任何特殊情况）况） ..

- Information about the evaluation criteria.- Information about the evaluation criteria.

3.1.4 Conditions of Contract3.1.4 Conditions of Contract

The The conditions of contract should be based on widconditions of contract should be based on wid

ely recognized conditionsely recognized conditions of contract such as "Co of contract such as "Co

nditions of Contract for Works of Civil Engineering nditions of Contract for Works of Civil Engineering

Construction" and "Conditions of Contract for EleConstruction" and "Conditions of Contract for Ele

ctrical and Mechanical Works" published by FIDIC.ctrical and Mechanical Works" published by FIDIC.

These documents comprise:These documents comprise:

Part : General Conditions (and Preamble, ⅠPart : General Conditions (and Preamble, Ⅰif applicable).if applicable).

Part : Conditions of Particular ⅡPart : Conditions of Particular ⅡApplication or Special Conditions. Application or Special Conditions.

Tender form.Tender form.

Agreement form.Agreement form.

3.1.5 Specification3.1.5 Specification

The specification will define the The specification will define the scope and technical scope and technical

requirements of the contract,requirements of the contract, including any including any

requirements for training and transfer requirements for training and transfer ofof

technology. The technology. The quality of materials and the quality of materials and the

standards of workmanshipstandards of workmanship to be provided by the to be provided by the

contractor must be clearly described, together with contractor must be clearly described, together with

requirements for requirements for quality assurancequality assurance to be performed to be performed

by the contractor and the required by the contractor and the required safety ,health safety ,health

and environmental measuresand environmental measures to be observed during to be observed during

the execution of the works. the execution of the works.

The extent, if any, to which the The extent, if any, to which the

contractor will be responsible for the contractor will be responsible for the

designdesign of the permanent works should of the permanent works should

also be specified. also be specified. Details should be Details should be

included of samplesincluded of samples to be provided and to be provided and

tests to be carried outtests to be carried out by the contractor by the contractor

during the course of the contract.during the course of the contract.

Any limitations on the contractor’s freedom of choiAny limitations on the contractor’s freedom of choi

ce in the order, timing or methods of executing the ce in the order, timing or methods of executing the

work or sections of the works should be clearly sework or sections of the works should be clearly se

t outt out and and any restrictions in his use of the site of tany restrictions in his use of the site of t

he workshe works, such as interface, such as interface （接合部分） （接合部分） requiremrequirem

ents with other parts of the work, or ents with other parts of the work, or provision of aprovision of a

ccess or space for other contractorsccess or space for other contractors （为其他承包（为其他承包商提供通道或空间）商提供通道或空间） , should be given., should be given.

The specification shall promote the The specification shall promote the

broadest possible competition and as far as broadest possible competition and as far as

possible follow international standards such possible follow international standards such

as those issued by ISO.as those issued by ISO.

3.1.6 Drawings3.1.6 Drawings

The drawings included in the tender documents shThe drawings included in the tender documents sh

ould provide tenderers with ould provide tenderers with sufficient detail to enasufficient detail to ena

ble them, in conjunction with the specification anble them, in conjunction with the specification an

d the bill of quantities, to make an accurate assessd the bill of quantities, to make an accurate assess

ment of the nature and scope of the works includement of the nature and scope of the works include

d in the contractd in the contract. The drawings should be listed in . The drawings should be listed in

the specification.the specification.

3.1.7 Bill of 3.1.7 Bill of Quantities/ScheduleQuantities/Schedule of of PricesPrices

The bill of quantities/schedule of prices shouThe bill of quantities/schedule of prices shou

ld provide ld provide identifying descriptions and estimidentifying descriptions and estim

ated quantities of workated quantities of work comprised in the exe comprised in the exe

cution of the works.cution of the works.

If the tenders are based on If the tenders are based on lump sumslump sums, a bre, a bre

ak down of such sums into constituent parts ak down of such sums into constituent parts

should be provided by the tenderer.should be provided by the tenderer.

3.1.8 List of Additional Information required fr3.1.8 List of Additional Information required from the Tenderersom the Tenderers

The employer/engineer should specify any additioThe employer/engineer should specify any additio

nal information that tenderers are required to subnal information that tenderers are required to sub

mit with their tenders. mit with their tenders. To ensure completeness anTo ensure completeness an

d uniformity between tenderers, a suitable form shd uniformity between tenderers, a suitable form sh

ould be prepared and issued as part of the tender ould be prepared and issued as part of the tender

documents.documents.

Information should not be sought on matters whicInformation should not be sought on matters whic

h affect neither the evaluation of tenders nor the sh affect neither the evaluation of tenders nor the s

ubsequent contract.ubsequent contract.

In order to assist the employer in forward budgetIn order to assist the employer in forward budget

inging （预算）（预算） , tenderers may be requested to pro, tenderers may be requested to pro

vide with the tender vide with the tender an estimate of disbursementan estimate of disbursement

ss （支付款项估算书）（支付款项估算书） (excluding provisional sum(excluding provisional sum

s-s- 临时预支款临时预支款 ) to be made by the employer durin) to be made by the employer durin

g the period of the contract. The instructions shog the period of the contract. The instructions sho

uld state uld state the periods to be adopted for this estimthe periods to be adopted for this estim

ateate （估算采用的时间段）（估算采用的时间段） ..

Depending on the particular requirements of a pDepending on the particular requirements of a p

roject, such additional information may include roject, such additional information may include

some of the following:some of the following:

- Tender's organisation for executing the contra- Tender's organisation for executing the contra

ct.ct.

- Tender programme (- Tender programme ( 进度计划）进度计划） for execution ofor execution o

f the works.f the works.

- Breakdown of prices- Breakdown of prices （价格分解）（价格分解） ..

- Estimates of cash flow- Estimates of cash flow （现金流量估算书）（现金流量估算书） ..

- List of proposed major subcontractors, t- List of proposed major subcontractors, t

ogether with details of those parts of the ogether with details of those parts of the

works which the tenderer would propose tworks which the tenderer would propose t

o subcontract.o subcontract.

- Details of key staff who would be emplo- Details of key staff who would be emplo

yed on the project.yed on the project.

--Proposed suretiesProposed sureties （担保人（担保人） ） for perforfor perfor

mance securities.mance securities.

- Proposal for accommodation of contractor's emp- Proposal for accommodation of contractor's emp

loyees.loyees.

- - Projected build-up of labour on siteProjected build-up of labour on site （现场劳务人（现场劳务人员的构成）员的构成） , both local and foreign., both local and foreign.

- Contractor's estimated electrical power requirem- Contractor's estimated electrical power requirem

ents on site.ents on site.

- List of construction equipment proposed.- List of construction equipment proposed.

- - Update of prequalification information, e.g. financUpdate of prequalification information, e.g. financ

ial status and projects in handial status and projects in hand （对资格预审中提供（对资格预审中提供的资料的更新，如：财务状况和现有的项目）的资料的更新，如：财务状况和现有的项目） ..

The list is not exhaustive. It should be The list is not exhaustive. It should be

clearly stated which clearly stated which items form part of items form part of

the evaluationthe evaluation and and which items are to which items are to

be incorporated into the contract.be incorporated into the contract.

3.2 Issue of Tender Documents3.2 Issue of Tender Documents

Tender documents should be issued by Tender documents should be issued by the employer/engineer to those firms the employer/engineer to those firms who who have been selected to tender. have been selected to tender.

If a charge for documents is to be raised, If a charge for documents is to be raised, issue should only be made against issue should only be made against payment.payment.

3.2 Issue of Tender Documents3.2 Issue of Tender Documents

As an alternative to postingAs an alternative to posting （（邮寄）邮寄） , or despatchi, or despatchingng （（发送）发送） by other means, tenderers should alwby other means, tenderers should always be given the option of ays be given the option of collecting tender documcollecting tender documentsents （领取）（领取） from the employer/engineer on the dfrom the employer/engineer on the due despatch date. Tenderers should be asked wheue despatch date. Tenderers should be asked whether they wish to collect the documents and instruther they wish to collect the documents and instructed as to the time and place for collection.cted as to the time and place for collection.

3.3 Visit to Site by Tenderers3.3 Visit to Site by Tenderers

Visits to the site of the works should be arranVisits to the site of the works should be arran

ged with the employer/engineer as laid down ged with the employer/engineer as laid down

in the instructions to tenderers.in the instructions to tenderers.

The The primary purposeprimary purpose of the visit is to enable of the visit is to enable

each tenderer to inspect the site and obtain aeach tenderer to inspect the site and obtain a

ll relevant information required for the preparll relevant information required for the prepar

ation of his tender.ation of his tender.

Tenderers should be advised of the probable Tenderers should be advised of the probable

duration of the visitduration of the visit （考察多长时间）（考察多长时间） , the per, the per

iod during which the visit may be madeiod during which the visit may be made （进（进行考察的时间） 行考察的时间） and the and the maximum number ofmaximum number of

（最多人数）（最多人数） persons from each tenderer allopersons from each tenderer allo

wed to participate.wed to participate.

The arrangements for the The arrangements for the sitesite visit should be visit should be

determined so that equal opportunities are odetermined so that equal opportunities are o

pen to all tenderers. The visit should take plapen to all tenderers. The visit should take pla

ce ce at approximately the end of the first half of at approximately the end of the first half of

the tender period and should include a tendethe tender period and should include a tende

rers' conference.rers' conference.

Tenderers should make Tenderers should make their own travelling atheir own travelling a

rrangements and bear the costsrrangements and bear the costs, including fa, including fa

resres （车票）（车票） , accommodation, accommodation （住宿） （住宿） and sand s

ubsistenceubsistence （食宿） （食宿） and they should be adviand they should be advi

sed of this in the instructions to tenderers.sed of this in the instructions to tenderers.

It is the It is the responsibilityresponsibility of the employer/engine of the employer/engine

er to make only those arrangements necessaer to make only those arrangements necessa

ry for the ry for the actual inspectionactual inspection of the site. of the site.

The employer/engineer should The employer/engineer should make a record make a record

of tenderers'of tenderers' representatives visiting the site. representatives visiting the site.

The employer/engineer may require tendererThe employer/engineer may require tenderer

s visiting the site to s visiting the site to indemnify the employer/indemnify the employer/

engineer against any claims for damage, injuengineer against any claims for damage, inju

ry or death as a result of the visitry or death as a result of the visit （保障雇主（保障雇主／工程师免遭因现场考察引起损害、人身伤亡所／工程师免遭因现场考察引起损害、人身伤亡所招致的索赔）招致的索赔） ..

3.4 Tenderers‘ Queries3.4 Tenderers‘ Queries（投标人质疑）（投标人质疑）

Tenderers' queries can he handled by Tenderers' queries can he handled by correscorres

pondence or by tenderers' conferencepondence or by tenderers' conference or by or by

a a combination of these methodscombination of these methods..

The intended method or methods should be The intended method or methods should be

described in the described in the instructions to tenderers.instructions to tenderers.

Correspondence MethodCorrespondence Method（信函往来方式）（信函往来方式）

Any tenderer requiring clarification of the tender documentAny tenderer requiring clarification of the tender document

s should submit his s should submit his queries to the employer/engineer in wrqueries to the employer/engineer in wr

iting.iting.

The employer/engineer should The employer/engineer should prepare and despatch writteprepare and despatch writte

n replies to queries.n replies to queries. These replies, together with the text of These replies, together with the text of

the queries should be issued to all tenderers without quotithe queries should be issued to all tenderers without quoti

ng the source of the queries, and the tenderers should be rng the source of the queries, and the tenderers should be r

equired to acknowledge receipt of the information.equired to acknowledge receipt of the information.

Tenderers should be instructed that queries Tenderers should be instructed that queries

will not be accepted by the employer/engineewill not be accepted by the employer/enginee

r r unless received 28 days before the date for unless received 28 days before the date for

submission of tenders.submission of tenders.

Replies to queries should, where appropriate, Replies to queries should, where appropriate,

be issued as be issued as addendaaddenda to the tender documen to the tender documen

ts(ts( 招标文件的补遗）招标文件的补遗） ..

Tenderers‘ Conference MethodTenderers‘ Conference Method投标人会议方式投标人会议方式

With the conference method, queries from the tenderers to With the conference method, queries from the tenderers to

the employer/engineer are dealt with at a tenderers' conferthe employer/engineer are dealt with at a tenderers' confer

ence arranged by the employer/engineer to take place ence arranged by the employer/engineer to take place at that th

e time of the site visite time of the site visit. . Tenderers' queries should be in writiTenderers' queries should be in writi

ng and should identify the party raising the query.ng and should identify the party raising the query.

As far as possible As far as possible oral answersoral answers should be given by the em should be given by the em

ployer/engineer during the conference.ployer/engineer during the conference.

Within a reasonable time after the conference, the emploWithin a reasonable time after the conference, the emplo

yer/engineer should send all tenderers, whether present yer/engineer should send all tenderers, whether present

at the conference or not, at the conference or not, a full set of minutes recording a full set of minutes recording

both the queries and formal repliesboth the queries and formal replies. Where appropriate, . Where appropriate,

an addenduman addendum to the tender document should be is sued. to the tender document should be is sued.

Receipt of the minutesReceipt of the minutes should be acknowledged by the t should be acknowledged by the t

enderers.enderers.

Representation from each tenderer should be limited to Representation from each tenderer should be limited to

two or threetwo or three persons at the conference. persons at the conference.

3.5 Addenda to Tender Documents3.5 Addenda to Tender Documents招标补遗文件招标补遗文件

Each addendum should, when issued, carry a Each addendum should, when issued, carry a serial numbserial numb

erer for reference purposes and contain a for reference purposes and contain a receipt slipreceipt slip which which

should be should be signed by the tendererssigned by the tenderers and returned immediat and returned immediat

ely to the employer/engineer.ely to the employer/engineer.

Addenda should be Addenda should be complete in themselvescomplete in themselves and should n and should n

ot rely on tenderers having to ot rely on tenderers having to appreciate the implicationsappreciate the implications

and decide whether other changes to the documents are rand decide whether other changes to the documents are r

equired as a consequenceequired as a consequence （补遗本身应完整，不能依赖投（补遗本身应完整，不能依赖投标人去理解其中隐含的意思，并根据自己的猜测来断定招标文标人去理解其中隐含的意思，并根据自己的猜测来断定招标文件是否要做出其它相应的变更）件是否要做出其它相应的变更） ..

Addenda become part of the tender Addenda become part of the tender

documentsdocuments..

It is possible that explanations, revisions, It is possible that explanations, revisions,

additions or deletions to the tender additions or deletions to the tender

documents may be necessary during the documents may be necessary during the

tender period and these should be notified in tender period and these should be notified in

accordance with the procedure shown above.accordance with the procedure shown above.

The employer/engineer should avoid, if possible, The employer/engineer should avoid, if possible,

the issue of addenda the issue of addenda during the latter part of the tduring the latter part of the t

ender period.ender period. If unavoidable, the employer/engine If unavoidable, the employer/engine

er should consider er should consider extendingextending the tender period to the tender period to

allow tenderers a reasonable time for their incorpallow tenderers a reasonable time for their incorp

oration. It should also be remembered that changoration. It should also be remembered that chang

es of a es of a minor natureminor nature can usually be dealt with in d can usually be dealt with in d

iscussions with the selected tenderer prior to awaiscussions with the selected tenderer prior to awa

rd.rd.

The The tender period should not be extendedtender period should not be extended unless unless

the circumstances are exceptional. In considering the circumstances are exceptional. In considering

the need for extensions which might arise, either the need for extensions which might arise, either

as the result of major amendments to the tender as the result of major amendments to the tender

documents or as a direct request from one or mordocuments or as a direct request from one or mor

e tenderers, the following criteria should be applie tenderers, the following criteria should be appli

ed:ed:

- Is there a convincing reason for - Is there a convincing reason for grantinggranting an extensi an extensi

on?on?

- Would the refusal of an extension reduce the numb- Would the refusal of an extension reduce the numb

er of tenders to be submitted?.er of tenders to be submitted?.

- Would an extension give preferential treatment to t- Would an extension give preferential treatment to t

hose tenderers who are unable to meet the original those tenderers who are unable to meet the original t

ender submission dateender submission date （延期是否让那些本不能按原规（延期是否让那些本不能按原规定提交投标书日期提交其投标书的投标人从中获益）定提交投标书日期提交其投标书的投标人从中获益） ??

- Would an extension create unacceptable delay to th- Would an extension create unacceptable delay to th

e project programmee project programme （进度计划）（进度计划） ??

3.6 Submission and Receipt of Tend3.6 Submission and Receipt of Tendersers （标书的提交与接收）（标书的提交与接收）

It is the responsibility of tenderers to ensurIt is the responsibility of tenderers to ensur

e that their tenders are delivered to the emple that their tenders are delivered to the empl

oyer/engineer by the due submission date aoyer/engineer by the due submission date a

nd time, properly signed by nd time, properly signed by authorised authorised signsign

atories(atories( 授权的签字人）授权的签字人） ..

Tenderers should be instructed to return their tenders Tenderers should be instructed to return their tenders

double-wrapped in plain envelopes or packages using double-wrapped in plain envelopes or packages using

pre-addressed labels provided by the employer/enginepre-addressed labels provided by the employer/engine

erer.. The labels should identify the particular tender and The labels should identify the particular tender and

should carry a codeshould carry a code （编码） （编码） to enable the employer/eto enable the employer/e

ngineer to identify the tenderer (for example, for use in ngineer to identify the tenderer (for example, for use in

the event of late tenders having to be returned unopenthe event of late tenders having to be returned unopen

ed). Labels should preferably be distinctive and carry ted). Labels should preferably be distinctive and carry t

he words “Tender Document-To remain sealed until offhe words “Tender Document-To remain sealed until off

icial opening”.icial opening”.

The employer/engineer should The employer/engineer should mark all mark all

tenders with the time and date of tenders with the time and date of

receipt and ensure that they are kept receipt and ensure that they are kept

secure and unopenedsecure and unopened until the date and until the date and

time appointed for the official opening.time appointed for the official opening.

If tenders are delivered by hand, tenderIf tenders are delivered by hand, tender

ers should ers should obtain a receipt fromobtain a receipt from the em the em

ployer/engineer recording the date and ployer/engineer recording the date and

time of delivery.time of delivery.

Tenders received after the appointed tiTenders received after the appointed ti

me should he immediately returned, unme should he immediately returned, un

opened, to tenderers, accompanied by opened, to tenderers, accompanied by

an explanatory letter an explanatory letter giving the date angiving the date an

d time of receipt.d time of receipt.

DiscussionDiscussion

The procedure of obtaining TenderThe procedure of obtaining Tender