or his agent ___________ will examine the tenders to determine whether
they are complete, whether the requisite tender securities have been
furnished, whether the documents have been Properly signed, and whether
the tenders are generally in order.
22.3 The tenderers' names, total amounts of tenders, tender price
modifications and tender withdrawals, if any, the presence of the
requisite tender security and such other details as the Employer or his
agent ____________, at their discretion, may consider appropriate will be
announced at the opening.
22.4 The Employer or his agent _____________ shall prepare minutes of
the tender opening for his own records. Such minutes shall be sent to the
World Bank together with the report on the evaluation of tenders as soon
as the latter is available.
23. Process to be Confidential
23.1 After the public opening of tenders, information relating to the
examination, clarification, evaluation and comparison of tenders and
recommendations concerning the award of contract shall not be disclosed to
tenderers or other persons not officially concerned with such process
until the award of a contract to the successful tenderer has been
announced.
23.2 Any effort by a tenderer to influence the Employer in the process
of examination, clarification, evaluation and comparison of tenders and
decisions concerning award of contract may result in the rejection of his
tender.
24. Clarification of Tenders
To assist in the examination, evaluation and comparison of tenders,
the Employer and _______________ Company may ask tenderers individually
for clarification of their tenders, including breakdowns of unit prices.
The request for clarification and the response shall be in writing or by
telex or telegram, but no change in the price or substance of the tender
shall be sought, offered or permitted except as required to confirm the
correction of arithmetical errors discovered by the Employer during the
evaluation 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 substantially
responsive to the requirements of the tender documents.
25.2 For the purpose of this Clause, a substantially responsive tender
is one which conforms to all the terms, conditions and specifications of
the tender documents without material deviation or reservation. A material
deviation is one which affects in any substantial way the scope, quality
or administration of the Works, or which limits in any substantial way,
inconsistent with the tender documents, the Employer's rights or the
tenderer's obligations under the Contract, and the rectification of which
deviation or reservation would affect unfairly the competitive position of
other tenderers offering substantially responsive tenders.
25.3 If a tender is not substantially responsive to the requirements
of 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 checked
by 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 in
words, the amount in words will normally govern, unless it is lear from
the context that the amount in figures is correct; and
(b) where there is a discrepancy between the unit rate and the total
amount derived from the multiplication of the unit rate and the quantity,
the unit rate as quoted will normally govern unless, in the opinion of the
Employer, there is obviously a gross error in the unit rate; in which
event the total amount as quoted will govern and the unit rate will be
corrected.
26.2 The amount stated in the Form of Tender will be adjusted by the
Employer in accordance with the above procedure for the correction of
errors and, with the concurrence of the tenderer, shall be considered as
binding upon the tenderer. The tenderer may, at his option, withdraw his
tender if acceptance of the corrected amount would cause hardship. However
in cases such as this, the tenderer is warned that such an action may
cause his tender security to be forfeited.
27. Conversion to Single Currency
The Tender Price is the sum of all payments stated or expressed as a
percentage in various currencies required to be made to the tenderer. To
facilitate evaluation and comparison of tenders, the Employer will convert
the amounts in various currencies in which the Tender Price is payable
(excluding Provisional Sums but including Daywork, where priced
competitively) to RMB at the selling rates established by Bank of China,
on the date specified for the opening of tenders.
28. Evaluation and Comparison of Tenders
28.1 The Employer and _____________ Company will evaluate and compare
only those tenders determined to be substantially responsive to the
requirements of the tender documents in accordance with Clause 25 hereof.
The Evaluation and comparison shall be based only on the "Basic" offer to
determine the lowest evaluated tenderer for award of the Contract.
28.2 In evaluating tenders, the Employer will determine for each
tender the Evaluated Tender Price by adjusting the tender price as
follows:
(a) making any correction for errors pursuant to Clause 26;
(b) excluding Provisional Sums and the provision, if any, for
Contingencies in the Summary Bill of Quantities, but including Dayworks
where priced competitively;
(c) converting all amounts to a single currency;
(d) adding any monetary cost of Mobilisation Advances, assessed in
accordance with sub-clause 28.3
(e) making an appropriate adjustment for any other acceptable
quantifiable variations, deviations or alternative offers not reflected in
the tender price or in the above-mentioned other adjustments.
(f) such other factors as the Employer considers may have a
potentially significant impact on contract execution, price and payments,
including the effect of items or unit rates in the tender that are
unbalanced or unrealistically priced.
28.3 The monetary costs to the Employer of variations in the amount of
mobilisation advances requested by tenderers pursuant to sub-clauses 15.1
(a), using a discount rate of ______ percent per annum, shall be added to
the respective tenderer's tender price for comparison purposes only.
28.4 The Employer and ___________ Company reserves the right to accept
or reject any variation, deviation or alternative offer. Variations,
deviations, alternative offers and other factors which are in excess of
the requirements of the tender documents or otherwise result in the
accrual of unsolicited benefits to the Employer may not be taken into
account in tender evaluation.
28.5 Price adjustment provisions applying to the period of execution
of the Contract shall not be taken into account in tender evaluation.
28.6 If the tender of the successful tenderer is seriously unbalanced
in relation to the Engineer's estimate of the real cost of work to be
performed under the Contract, the Employer may require that the amount of
the performance security set forth in Clause 34 be increased at the
expense of the successful tenderer to a level sufficient to protect the
Employer against financial loss in the event of subsequent default of the
successful tenderer under the Contract.
29. Preference for Domestic Tenderers
29.1 Domestic tenderers shall satisfy the following criteria to be
eligible for a _______% margin of preference in the comparison of their
tenders with those of non-eligible tenderers:
(a) be registered within China;
(b) have majority ownership by nationals of China; and
(c) shall not subcontract more than ________% of the contract works
(in terms of value) to foreign contractors.
29.2 Combinations and joint ventures between domestic and foreign
firms shall be eligible for the margin of preference provided:
(a) the domestic partner or partners individually satisfy the criteria
for eligibility set out above;
(b) the domestic partner or partners will, under the arrangements
proposed, carry out at least ________% of the contract works, measured in
terms of value.
(c) The domestic partner or partners would not be qualified for the
Contract Works in question on technical or financial grounds without the
foreign participation.
29.3 The following procedure will be used to give effect to the margin
of preference:
(a) After tenders have been evaluated fully in accordance with the
provisions of Clause 28 hereinabove, responsive tenders will be classified
into the following groups;
(i) Group A: tenders offered by domestic tenderers meeting the
criteria set forth in sub-clause 29.1 hereinabove and by joint ventures
meeting the criteria set forth in sub-clause 29.2 hereinabove; and
(ii) Group B: tenders offered by other tenderers.
(b) For the purpose of further evaluation and comparison of tenders
only, an amount equal to _________ percent of the tender price (as
adjusted pursuant to paragraphs (a), (b) and (c) of sub-clause 28.2) will
be added to the Evaluated Tender Price of tenders classified in Group B.
&bsp; Award of Contract
30. Award Criteria
Subject to Clause 31, the Employer and ________ Company may award the
Contract to the tenderer whose tender has been determined to be
substantially responsive to the tendering documents and who has offered
the lowest Evaluated Tender Price pursuant to Clause 28 and paragraph (b)
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