INVITATION TO TENDER

概要：28.3 The monetary costs to the Employer of variations in the amount of mobilization advances requested by tenderers pursuant to 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 ex

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28.3 The monetary costs to the Employer of variations in the amount of mobilization advances requested by tenderers pursuant to 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 Clause 29.1 hereinabove and by joint ventures up to the criteria set forth in 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 Clause 28.2(a), (b) and (c) will be added to the Evaluated Tender Price of tenders classified in Group B.

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 clause 29.3 (b) (if applicable), provided further that the tenderer has the capability and resources to carry out the Contract effectively (refer to Clause 3.5), but the Employer and _________ Company gives no guarantee that the lowest or any tender will be accepted.

31. Employer's Rights
Notwithstanding Clause 30, the Employer reserves the right to accept or reject any tender, and to annul the tendering process and reject all tenders, at any time prior to award of contract, without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Employer's action.

32. Notification of Award

32.1 Prior to the expiration of the period of tender validity prescribed by the Employer, the Employer will notify the successful tenderer by fax or e-mail confirmed in writing by registered letter that his tender has been accepted. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") shall name the sum which the Employer will pay to the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Conditions of Contract called the "Tender Sum").

32.2 The notification of award will constitute the formation of the Contract.

32.3 Upon the furnishing by the successful tenderer of a performance security in accordance with the provisions of Clause 34 hereof, the Employer will promptly notify the other tenderers that their tenders have been unsuccessful.

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