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 tender
documents. Failure to comply with the requirements of the Instructions to
Tenderers will be at the tenderer's own risk. Tenders which are not
substantially responsive to the requirements of the tender documents may
be rejected.
6.7 The four volumes of the tender documents have been collated and
bound by mechanical means and tenderers should check to ensure that they
contain all pages (which are numbered consecutively) and that all
supplements referred to are also included.
7. Clarification of Tender Documents
7.1 A Prospective tenderer requiring any clarification of the tender
documents may notify ___________ in writing or by telex at the following
address: __________.
The Employer or his agent _____________ will respond in writing to any
request for clarification which is received more than _____ days prior to
the deadline for submission of tenders. Written copies of the response
(including an explanation of the query, but without identifying the source
of the inquiry) will be sent to all prequalified tenderers who have been
issued with tender documents.
8. Amendment of Tender Documents
8.1 Prior to the deadline for submission of tenders, the Employer may,
for any reason, whether at its own initiative or in response to a
clarification requested by a prospective tenderer, modify the tender
documents by the issue of an Addendum.
8.2 The Addendum will be sent in writing or by telex or telegram to
all pre-qualified tenderers who have picked up the tender documents and
will be binding upon them. Prospective tenderers shall promptly
acknowledge receipt thereof by telex or telegram to ____________.
8.3 In order to afford prospective tenderers reasonable time in which
to take an Addendum into account in preparing their tenders, the Employer
or his agent _________ may, at their discretion, extend the deadline for
the submission of tenders in accordance with Clause 19 hereof.
Preparation of Tenders
9. Language of Tender
9.1 The tender and all correspondence relating to the tender exchanged
by the tenderer and the Employer or his agent __________ shall be in
English. Supporting documents and printed literature furnished by the
tenderer with the tender may be in another language provided they are
accompanied by an appropriate English translation of pertinent passages.
For the purpose of interpretation of the tender, the English version shall
prevail.
10. Documents Comprising the Tender
10.1 The tender to be Prepared by the tenderer shall contain the
following:
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 with
these Instructions.
The Forms, Bill of Quantities and Schedules provided in Volume 3 of
these documents shall be used without exception (subject to extensions of
the Schedules in the same format, and to the provisions of Clause 14.2
hereof regarding the alternative forms of tender security).
10.2 All documents issued for the purpose of tendering as described in
Clause 6.1 and addenda issued in accordance with Clause 8 shall be deemed
incorporated in the tender. Tender documents not required to be signed and
submitted in accordance with Clauses 17 and 18 shall be returned to the
office of issue before the expiry of the tender validity period, but must
not be enclosed with the Tender.
10.3 Tenderers shall submit with their tender a preliminary Programme
in the format required by Clause 14 of the Conditions of Contract.
10.4 The successful tenderer will be required to revise or augment his
Programme as set out in the Contract.
11. Tender Prices
11.1 Unless explicitly stated otherwise in the tender documents, the
Contract shall be for the whole of the Works ______ as described in Clause
1 hereof, based on the schedules of unit rates and amounts submitted by
the tenderer.
11.2 The tenderer shall fill in rates and amounts for all items of
work described in the Bill of Quantities, whether quantities are stated or
not. Items against which no rate or amount is entered by the tenderer will
not be paid for by the Employer when executed and shall be deemed covered
by the other rates and amounts entered in the Bill of Quantities.
11.3 All duties, taxes and other levies payable by the Contractor
under the Contract, or for any other cause, as at the date ________ days
prior to the date for submission of tenders shall be included in the rates
and amounts and total tender sum submitted by the tenderer, and the
evaluation and comparison of tenders by the Empoyer shall be made
accordingly.
11.4 The rates and amounts entered by the tenderer shall be subject to
adjustment during the performance of the Contract in accordance with the
provisions of the Conditions of Contract. The tenderer shall complete
Schedule III-Price Adjustment Provisions and shall submit with his tender
such other supporting information as is required under Clause 70 of the
Conditions of Contract.
12. Currencies of Tender and Payment
12.1 The unit rates and prices shall be quoted by the tender entirely
in RMB. A tenderer expecting to incur expenditures in other currencies for
inputs to the Works supplied from outside China (referred to as "the
foreign currency requirements") shall indicate in Schedule I of "Foreign
Currency Requirements" the percentage of the Tender Price (excluding
Provisional Sums) needed by him for the payment of such foreign currency
requirements either (i) entirely in the currency of the tenderer's home
country or, at the tenderer's option, (ii) entirely in US dollars, always
provided that a tenderer expecting to incur expenditures in a currency or
currencies other than those stated in (i) and (ii) above for a portion of
the foreign currency requirements, and wishing to be paid accordingly,
shall so indicate the percentage portion in his tender. The percentage
portion indicated shall remain fixed for the duration of the Contract. The
amounts in various currencies calculated on the basis of the percentages
indicated in the Tender and by use of the exchange rates indicated in
subclause 12.2 hereinafter, shall be used for the purpose of conversion
and comparison of tenders pursuant to Clause 70.
12.2 The rates of exchange to be used by the tenderer for currency
conversion shall be the governing selling rates published by the Bank of
China on the date ______ day prior to the latest date for the submission
of tenders. If exchange rages are not so published for certain currencies,
the tenderer shall state the rates used and the source. For the purpose of
payments, the exchange rates used in tender preparation shall apply for
the duration of the Contract.
12.3 The total amount of foreign and local currencies expected to be
required by tenderers shall be substantiated in Schedules I and I
(A)-Foreign Currency and Local Currency Requirements, and the annex
thereto, Tenderers shall describe the manner in which such foreign and
local currencies are expected to be used, relating specifically, but not
limited to:
Foreign Currency
(a) Expatriate staff directly employed on the Works:
(b) social charges, insurance premiums and medical care related to
such 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 spare
parts, required for the Works;
(e) insurance and freight charges for imported materials, plant and
equipment, including spare parts; and
(f) overhead expenses, fees and financial charges incurred outside
China.
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 their
foreign currency requirements, and to provide satisfactory proof that the
amounts included in the unit rates and in Schedule I are reasonable and
responsive to sub-clause 12.1 hereof.
12.5 The tender shall complete Schedule II - Estimated Contract
Payments and shall substantiate the tabulation of this Schedule by
attaching a table indicating anticipated major quantities of work
performed over the duration of the Works.
13. Tender Validity
13.1 The tender shall remain valid and open for acceptance for a
period of six calendar months from the specified date of tender closing.
13.2 In exceptional circumstances, prior to expiry of the original
tender validity period, the Employer or his agent ____________ may request
the tenderers for a specified extension to the period of validity. The
request and the responses thereto shall be made in writing or by telex or
telegram. A tenderer may refuse the request without forfeiting his tender
security. A tenderer agreeing to the extension will not be required nor
permitted to alter his tender, but will be required to extend the validity
of his tender security correspondingly. The provisions of Clause 14 hereof
regarding discharge and forfeiture of tender security shall continue to
apply during the extended period.
14. Tender Security
14.1 The tenderer shall furnish, as part of his tender, a tender
security in RMB Yuan in an amount of not less than _____ % of the Tender
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