RULES AND GUIDELINES FOR PROCUREMENT CONTRACT UNDER DANISH MIXED CREDIT TO CHINA INTRODUCTION 本站注：本文件由中国财政部于2001年3月25日向各
RULES AND GUIDELINES FOR PROCUREMENT CONTRACT UNDER
DANISH MIXED CREDIT TO CHINA INTRODUCTION
1 Purpose of the Rules and Guidelines第一部分：规定和导则的目的
The purpose of the rules is to inform the Buyer and other participants involved in the implementation of a project financed, in whole or in part, under a Danish Mixed Credit of the detailed rules to be complied with when procuring goods and works for a project. Reference to the Buyer includes a purchasing agent (window company) and the end-user.
References to ＂goods＂ and ＂work＂in these Guidelines include related services such as transportation, insurance, installation, commissioning, training, and initial maintenance. “Goods” includes commodities, machinery, equipment and industrial plant.
The procurement shall be carried out m accordance with the national law “PRC, Invitation and Submission of Bids Law (Promulgated on 30 August 1999 and effective as of 1 January 2000).
Section 1 and 2 are mandatory and shall be complied with for all procurement financed under Danish Mixed Credit. Section 3 are guidelines, which, if followed by the Buyer, will ensure procurement in accordance with good and internationally recognized practice，and in compliance with the law and rules.
2 Rules for Procurement financed under Danish Mixed Credit
2.1 Supply of goods and works financed under Mixed Credit shall be tendered and contracted as one contract with a Danish supplier/contractor. Any local or third countries supplies and works to be financed under Mixed Credit shall be included in this tendering whether in this contract or in sub-supplies or sub-contracts, with the Danish supplier/contractor being-responsible towards the Buyer.
2.2 Supply of goods and works financed under Mixed Credit should be of at least 50% Danish origin in the supply contract. Deliveries from third countries can be equivalent to max. 30%, while deliveries from local sources may make up for the remaining part of the deliveries, i.e. max. 50% of the contract.
2.3 Project -preparations (feasibility study, preparation of specifications, etc.) and procurement are the responsibilities of the Buyer. Procurement includes pre-qualification or short listing, issue of tender documents, arranging site－visit or－pre－tender meeting, receipt and opening of bids, Evaluation, post-qualification, and finalization and award of contract.
2.4 The contractor/supplier of the works and goods should be selected through limited competitive bidding (competitive bidding by direct invitation, here called LCB) among Danish contractors/suppliers.
A sufficient number of bidders shall be invited to ensure competitiveness (i.e. that technically acceptable bids are obtained from at least two qualified bidders). If the number is less than two re-tendering shall take place.
In circumstances where LCB cannot be applied the procedure for procurement shall be agreed in advance between Ministry of Finance of China and Danida.
2.5 The Buyer may decide to use pre-qualification and only send out invitations to bid to suppliers/contractors found qualified through the pre-qualification.
If pre-qualification is not carried out invitations to bid should be issued to all potential Danish bidders. All bidders shall submit with their bid the required qualification information and documentation, and only the qualifications of the bidder with the best evaluated bid shall be verified (post-qualification).
The Buyer shall in due time advertise the pre-qualification or directly invite all potential Danish suppliers/contractors to apply for pre-qualification. The notice shall contain information on the scope of procurement under LCB, the deadline for submitting pre-qualification applications or bids, and the name and address of the Buyer.
Invitations to bid shall be issued in due time for the bidders to prepare their bids.
2.6 In carrying out the receipt and opening of bids, seeking clarifications, examination and evaluation of bids, the Buyer shall ensure that all bids are treated fairly and objectively, that the process is confidential but transparent and that all transactions are recorded in an evaluation report.
2.7 The Buyer shall invite the bidder with the best evaluated bid to finalize a contract, but without making material changes in bid price, commercial terms, or technical specifications in the tender.
2.8 Contractors or suppliers having participated in the project identification and project preparations as e.g. a feasibility study shall not be disqualified from bidding, but shall not be given any preference in the tendering or evaluation of the bids. Costs incurred by a contractor／supplier in carrying out studies or project preparations cannot be financed under a mixed credit loan.
2.9 Pre-qualification documents, tender documents, addenda to the tender document issued by the Buyer, bids, evaluation report as well as the final contract shall be prepared in the English language and if required by the Buyer with a translation into the national language.
The tender documents shall furnish all information necessary for a prospective bidder to prepare a bid for the goods and works to be provided. The basis for bid evaluation and selection of the lowest evaluated bid shall be clearly outlined in the tender documents.
Commercial contracts should follow recognized international standards, e.g. FIDIC-Conditions of Contract for Plant and Design-Build, 1999, or FIDIC - Conditions of Contract for EPC Turnkey Projects, 1999, whichever is most relevant to the specific project. Furthermore, contracts must comply with Danida－s “General Conditions for Approval of Commercial Contracts financed under the Mixed Credit Scheme” (annexed).
2.10 Prior to finalization of Danida＂s appraisal a fully detailed tender evaluation report and a conditional contract agreement shall be forwarded for review by Danida and the Chinese Ministry of Finance. The tender evaluation report and the contract documents shall document that competitive procurement has taken place, that the process has been carried out observing internationally recognized procurement practice, and that the selected bid is competitive with regard to technology, price, and quality.
On request the Buyer shall submit to Danida a copy of the tender documents and bids.
Danida may request price verification to be carried out by an independent verification institute.
3 Guidelines for procurement under Danish Mixed Credit
3.1 Advertisement or invitation for pre-qualification or invitation to bid
The Buyer is required to prepare a notice or invitation to pre-qualify as the case may be. The notice or the invitation shall contain information on the scope of procurement under LCB, the deadline for submitting pre-qualification applications, and the name and address of the Buyer.
The Buyer has three options
- to advertise a notice of pre-qualification in a Danish newspaper or periodical with sufficient coverage and request interested Danish bidders to obtain pre-qualification documents and submit pre-qualification applications (this option should be used if not all potential bidders are known to the Buyer), or
- to invite all Danish potential bidders to submit pre-qualification applications, or
- to invite all Danish potential bidders to submit bids including post-qualification information.
Notice or invitation for pre-qualification should be advertised or issued in sufficient time to enable prospective bidders to obtain the documents and prepare and submit their application and normally not be less than 4 weeks. The Buyer should maintain a list of responses and should respond quickly to all requests for obtaining the relevant documents.
Invitation for bidding should be issued normally not less than 8-12 weeks before the submission deadline. The Buyer should maintain a list of any requests for clarifications and should respond quickly in writing to such requests.
3.2 Pre-qualification or post-qualification criteria资格预审或资格后审的标准
Pre-qualification or post-qualification should be based entirely upon the capability and resources of (prospective) bidders to perform the particular contract satisfactorily, taking into account e.g. their
- experience and performance from similar assignments, 完成类似任务的经验和业绩：
- experience and performance in the geographical region, 在同一地理区域内的经验和业绩；
- key personnel and management available for the assignment,
- supplies or work previously carried out for the Buyer, 以前为买方做过的供货或工作；
- equipment available for the assignment,
- financial status (e.g. annual turn-over in similar assignments during past 5 years and available cash net of other commitments),
- present work load, 目前的工作负荷；
- involvement in litigation. 是否卷入法律诉讼。
The qualification documents to be sent to the applicants for pre-qualification or the bidders as the case may be, should include a clear statement of the minimum requirements for qualification, standard forms where the applicants or bidders are required to give exact and verifiable information oh their qualifications, and a list of documentation to be attached.
Qualified applicants or bidders are those meeting all the minimum requirements. In the case of pre-qualification the Buyer should inform all applicants whether they are pre-qualified or not.
In the case of post-qualification, if the bidder with the best evaluated bid is not qualified, this bidder should be disqualified and the bidder with the second best evaluated bid shall be considered.
3.3 Tender documents, generalThe tender 招标文件的一般规定
documents shall be in the English language.招标文件应用英文编制。
The tender documents should furnish all information necessary for a prospective bidder to prepare a bid for the goods and works to be provided. While the detail and complexity of these documents may vary with the size and nature of the project and contract, they should generally include:
- invitation to bid, 投标邀请函；
- instructions to bidders, general and special (special instructions may be given in the invitation)
- form of bid, 标书的格式；
- forms of contract, conditions of contract (general and special),
- specifications and drawings, 技术规范和图纸；
- forms of verification of qualifications, 资格审查表格；
- schedule of completion, 履约时间表；
- formats for various securities. 各种保函表格。
The Buyer should use the tender documents based on recognized international (as for example the Standard Bidding Documents issued by the World Bank) tender documents with minimum changes as necessary to address country and project specific issues. Any such changes should be introduced as addenda to the instructions to bidders or in the special conditions of contract, and not by introducing changes in the wording of the standard tender documents.
3.4 Instructions to bidders should as a minimum include instructions/information on
(a) scope of bid, 投标的范围；
(b) who is financing, 资金来源；
(c) who are eligible to bid, 合格投标人；
(d) required qualifications, 资格要求；
(e) each bidder to submit one bid only, 每个投标人只能提交一份标书；
(f) bidder to pay cost of bidding, 投标费用由投标人负担；
(g) bidder responsibility to inspect/investigate site, site visits and pre-tender meeting,
(h) contents of tender documents, 招标文件的内容；
(i) bidder＇s responsibility to examine tender documents and seek clarification if necessary,
(j) buyer＇s right to amendment tender documents, rules for extension of bidding period,
(k) language and contents of bid, 标书的语言和内容；
(l) currencies of bid, 投标使用的货币；
(m) bid validity period, 标书的有效期限；
(n) bid security and performance security投标的保函和履约保函；
(o) bids to comply with the requirements of the tender documents, and if alternative bids are allowed in addition to the complying bid,
(p) format, number, and signing of bids, 投标书的格式、数量和签字要求；
(q) place and time to submit bids, 提交投标书的地点和时间；
(r) bid opening procedure, late bids, 开标程序和迟到的投标书；
(s) confidentiality of the evaluation process and bidders not to influence,
(t) examination and determination of responsiveness, correction of errors,
(u) basis for evaluation of bids and selection of the best evaluated bid,
(v) award and signing of contract, Buyer’s right to accept and reject any bid or cancel the tendering.
The specifications, drawings, and list of goods shall clearly and precisely describe the works and the location of the works, the goods to be supplied and the place of delivery or installation, the schedule for delivery or completion, minimum performance requirements, and the warranty and maintenance requirements.
In addition, the documents shall define any tests, standards, or methods that will be employed to judge the conformity of equipment as delivered, or works as performed, with the specifications:
Drawings shall be consistent with the text of the specifications and an order of precedence between two shall be specified.
Standards and technical specifications quoted in tender documents shall promote the broadest possible competition, while assuring the critical performance or other requirements for the goods and/or works under procurement. As far as possible, the Buyer shall specify internationally accepted standards with which the equipment or materials or workmanship shall comply. Where such international standards are unavailable or are inappropriate, national standards may be specified. In all cases, the tender documents shall state that equipment, material or workmanship meeting other standards, which promise at least substantial equivalence, which also be accepted.
Specifications shall be based on relevant characteristics and/or performance requirements. References to brand names, catalogue numbers or similar shall be avoided. If it is necessary to quote a brand name or catalogue number of a particular manufacturer to clarify an otherwise incomplete specification, the words “or equivalent” shall be added after such reference. The specifications shall permit the acceptance of offers for goods which have similar characteristics and which provide performance at least substantially equivalent to those specified.
3.6 Evaluation criteria评标标准
The tender documents shall specify any technical factors, which in addition to price, will be taken into account in evaluating bids, and how these will be capitalized or, if this is not possible, quantified and weighted and how the final evaluation will be arrived at. The technical component may comprise factors e.g.
- suitability of work program, 工作计划的合适性；
- suitability of technology proposed, 所建议采用技术的合适性；
- lifetime of plant, 设备寿命；
- efficiency of plant or operational cost, 设备效率和运行成本；
- environmental benefits, 环境效益；
- available service and spare parts, 服务和备品备件；
- training program included, 包括的培训计划；
- relevant qualifications of proposed key staff and back-up staff.
The price component may include the price of the works/supplies and installation plus e.g.
- time of delivery (capitalised), 交货时间（折为价格）；
- price of a package of selected spare parts, 所选全部备品备件价格；
- O&M costs (capitalised), 运行和维护费用（折为价格）
- price increases applying to the period of implementation (capitalised).
The factors other than price to be used for determining the best evaluated bid shall, to the extent practicable, be expressed in cost terms, or given a relative weight in accordance with the model specified in the tender documents.
If bids based on alternative designs, materials, completion schedules, payment terms, etc. Are permitted, conditions for their acceptability and the method of their evaluation shall be expressly stated
3.7 All prospective bidders shall be provided the same information, and shall be assured of equal opportunities to obtain additional information.
The Buyer shall provide reasonable access to the project site for visits by prospective bidders. For works or complex supply and installation contracts, particularly for those requiring refurbishing existing works or equipment, a pre-tender meeting may be arranged whereby potential bidders may meet with the Buyer representatives to seek clarifications. Minutes of the meeting shall be provided to all prospective bidders.
Any additional information, clarification, correction of errors or modifications of tender documents shall be sent to each recipient of the original tender documents in sufficient time before the deadline for receipt of bids to enable bidders to take appropriate actions. If necessary, the deadline shall be extended.
3.8 Receipt and opening of bids接受投标书和开标
The time for the bid opening shall be the same as for the deadline for receipt of bids or promptly thereafter, and shall be announced, together with the place for bid Opening, in the tender documents or as amended later.
The Buyer shall open all bids at the stipulated time and place.
Bids shall be opened in public, i.e. bidders or their representatives shall be allowed to be present.
The name of the bidder and total amount of each bid including modifications, and of any alternative bids if they have been requested or permitted, shall be read aloud and recorded when opened and a copy of this record shall be included in the evaluation report. Bids received after the time stipulated, as well as those withdrawn, shall not be considered and shall be returned unopened to the bidder.
3.9 Clarifications or alterations of bids标书的澄清或改动
Bidders shall not be requested or permitted to alter their bids after the deadline for receipt of bids. The Buyer shall ask bidders for clarification needed to evaluate their bids but shall not ask or permit bidders to change the substance or price of their bids after the bid opening. Requests for clarification and the bidders’ responses shall be made in writing.
3.10 Examination of bids标书的审查
For each bid the Buyer shall ascertain whether对每一份标书，买方应确认；
- the bidder is eligible, i.e. is the same entity as invited,
- the bid has been properly signed, 标书是否已签字；
- the bid is accompanied by the required securities, 是否随标书附上所要求的各种担保；
- the bid is substantially responsive to the tender documents. 标书是否在实质上响应招标文件。
If a bid is not substantially responsive, that is, it contains material deviations from or reservations to the terms, conditions and specifications in the tender documents, it shall not be considered further. A material deviation or reservation is one which affects in any substantial way the scope of the supplies/works, or which limits in any substantial way inconsistent with the Tender Documents the Buyer rights or the bidders obligations under the. contract, and the rectification of which deviation or reservation would affect unfairly the competitive position of other bidders presenting substantially responsive bids.
A bidder shall not be permitted to correct or withdraw material deviations or reservations once bids have been opened.
3.11 Evaluation and comparison of bids标书的评定和比较
The purpose of bid evaluation is to determine the most favorable bid for the Buyer, taking cost as well as technical merits into consideration.
The bid price read out at the bid opening shall be adjusted to correct any arithmetical errors. Also, for the purpose of evaluation, adjustments shall be made for any quantifiable non-material deviations or reservations.
The evaluation and comparison of bids shall be based on the prices as specified in the tender documents. This would usually for supply and installation of goods or turnkey contracts include
- marine and local transportation and insurance (CLP),
- installation and commissioning,
- associated works and all other services included in the scope such as design, training and maintenance and operation during the guarantee period,
- exclusive customs, duties, and taxes (which shall be paid by the Buyer).
The evaluation should to the extent possible be carried out in an objective manner and consistent with the evaluation criteria and weights specified in the tender documents.
In order to achieve objectivity as much as possible it is advisable to compare and evaluate technical factors and capitalize or quantify and weight these before calculating the sum of the adjusted price components and comparing the bids.
If pre-qualification has not been carried out, it shall after selection of the bidder with the best evaluated bid it shall be verified that this bidder meets the criteria for qualification as communicated to the bidders in the bidding documents (see 3.2 above).
3.13 Requirements to country of origin原产国要求
After selection of the bidder with the best evaluated bid, the buyer shall ascertain that this bid complies with the country of origin requirements of the goods and work being of Danish origin (including related services such as transportation, insurance, installation; commissioning, training, and spare parts). Compliance with the requirements of origin will later be checked and verified b by Danida.
If this bid does not comply with the requirement, this bidder shall be disqualified and the second best evaluated bid shall be consider.
3.14 Evaluation report评标报告
The Buyer shall prepare a detailed report on the evaluation and comparison of bids setting forth the specific reasons on which the recommendation is based for the award of the contract.
The evaluation report should include at least the following details:
(w) formation of the tender committee or similar, 标委员会或类似机构的组成；
(x) description of the short-listing or pre-qualification giving dates of notification, responses, minimum criteria for pre-qualification arid the summary of results giving reasons for not qualifying applicants,
(y) date of invitation to tender, list of bidders invited, list of contents of the Tender documents,
(z) description of activities in the tender period including withdrawals, queries and clarifications, site-visits, amendments issued,
(aa) minutes of the bid opening, 开标记录；
(bb) clarifications requested and given to the bids, 对投标书进行澄清的结果；
(cc) summary of the examination of the bids indicating for each bid, whether the bidder is eligible, the bid is properly signed, is accompanied by the requited securities, and is substantially responsive, and reasons for deciding that a bid is non-responsive,
(dd) summary of the evaluation and comparison of the bids, for each bid specifying
- corrections of arithmetical errors, if any, 纠正算术上的错误，如果有的话；
- adjustments made for quantifiable non-material deviations or reservations, if any,
- detailed rating for the technical and cost price components for each bid and
- comparison and determination of the best evaluated bid, 最佳标的比较和确定；
(ee) verification of the qualifications of the bidder with the best evaluated bid,
(ff) verification that the best evaluated bid meets the requirements to origin, and
(gg) recommendations. 推荐意见。
Documentation of correspondence, minutes, etc. shall be included as annexes. On request the Buyer shall submit to Danida a copy of the tender documents and bids.
3.15 Canceling the tender招标的取消
The Buyer should reserve his right to reject all bids cancel the Tender, and if applicable to re-tender.
Rejection of all bids and canceling the tender should, however, only take place where none of the bids are responsive to the tender documents or within the budget estimate established. It none of the bids are responsive, the Buyer may decide advertise the tender, pre-qualify and re-tender the project. However, re-tendering should never be used as means just to reduce the kid. prices from the same bidders.
3.16 Finalizing the contract最终确定合同
The Buyer shall together with the selected bidder finalise the contract, i.e. agree on technical details not specified in the tender including alternative solutions or proposals as e.g. final list of spare parts, final time schedule, any changes in key personnel, detailed training arrangements, etc.
Attempts from the Supplier or the Buyer to introduce material changes in the bid price, commercial terms, or technical specifications in the tender should not be made and are not in accordance with international good procurement practise.
The Buyer shall forward the final draft contract to Danida and annex a documentation of the contract negotiations including all changes made to the technical and financial part of the bids.
1.1 投标人应完整地填写招标文件中提供的商务投标书、技术投标书、投标一览表和投标报价表(包括投标报价汇总表和分项报价表)。价格表（表中项目除价格数字外都要填写）及报价说明三份（一正二副）和投标人银行保函应分别单独密封，随投标文件一同递交。Among the tender documents, tenderers shall fill out completely the Business Tender, Technical Tender, Tender List and Tender Quotation. The Quotation (all items in the Quotation shall be filled out except for the prices) and three copies (one Original and two Duplicates) of the Instructions to Quotations as well as the letter of guarantee from the bank of tenderers must be sealed separately, and be submitted together with the tender documents.
1.2 在投标文件澄清后提交的附件6价格表部分正、副本应用信封单独密封，封面上注明项目名称、招标编号、投标人名址、“正本”“副本”字样及“分项价格”和“保密”字样。同时提供单独密封的价格表电子版本一份（WORD格式）。The Attachment 6 to be submitted after the tender documents have been clarified the Original and Duplicate copies of the Quotation must be sealed separately in different envelops, on which the item names, tender codes, tenderer addresses, words of ‘Original’, ‘Duplicate’ and ‘Item Price’ and ‘Confidential’ must be written. An e-version of the Quotation (in WORD format) that is separately sealed must be furnished at the same time.
2. 投标报价Tender Offers
On the tender offer summary sheet and the item tender offer sheets, tenderers shall indicate clearly the unit price (if applicable) and the total price of the goods planned to be provided according to the Contract.
Prices on the item tender offer sheet shall be filled out in the following manner:
从中华人民共和国提供的货物：Goods provided from the People’s Republic of China:
Price of delivering goods to the site, inclusive of the EXW (inclusive of VAT), transportation cost from factory to site, insurance premium, costs generated because of the delivery of goods, as well as other incidental expenses.
2) 技术服务及培训的费用Cost for technical services and trainings
本项包括：This item includes:
A)卖方人员技术服务费用：Cost for technical service provided by the Seller’s personnel:
Expenses for on-site installation instruction, debugging, and inspection
B)对买方人员的培训费用Expenses for training the personnel of the Buyer
In the tender price sheet, tenderers shall include the unit prices of the random parts and components, special tools and instrumentations that are listed in the Technical Specifications. The price of these goods shall be included into the tender sum, and shall be deliberated at the tender evaluation.
Tenderers shall list separately parts and components that satisfy the recommended three years’ normal operation, and quote their prices. The owner has the option to purchase these goods, and their expenses will be referred to at the tender evaluation.
Goods provided outside the People’s Republic of China:
1) 中国上海港CIF班轮条件（该价格包含设备和文件的包装费用以及在目的港的卸货费用），报价时投标人可以从中华人民共和国或买方同意的其他合格来源国取得保险服务。Shanghai CIF berth terms (the price is inclusive of the packaging cost of equipments and documents, as well as unloading expenses in the destination). When offering, tenders may obtain insurance services from an eligible country of origin that is to the satisfaction of the People’s Republic of China or the Buyer.
2) 技术服务和培训的费用Expenses for technical services and trainings
本项包括：This item includes:
Expenses for technical services provided by the Seller: costs for on-site project installation instruction, debugging, and testing
B)对买方人员的培训费用Training expenses for the Buyer
The above A) and B) clauses refer to the expenses of the Seller itself and do not include the cost for Buyer’s personnel for traveling abroad.
Tenderers shall list and offer separately after the item tender offer sheet the cost per person per day for Buyer’s personnel to attend designing communication meetings and factory inspection outside China and to receive trainings from Seller outside China. Expenses of the above three items will serve as references for Buyer when the Contract is signed, but will not be included into the tender sum. It is to make it convenient for Buyer to compare and choose from the combinations of the final contract price. It does not restrict the rights of Buyer to choose one quotation or the combination of several quotations to sign the Contract.
In the tender price sheet, tenderers shall list the unit price of the required parts, components, special tools and instrumentations that are listed in the Technical Specifications. The prices of these goods shall be included in the tender sum for tender evaluation.
Tenderers shall list and quote separately parts and components that satisfy the three years’ recommended normal operation. The owner has the option to purchase these goods, the price of which will serve as reference for Tenderee at tender evaluation.
2.4出厂价(EXW)、到岸价(CIF)和“运费、保险付至……”价(CIP) 等术语。应根据巴黎国际商会二OOO版本的《国际贸易术语解释通则》(Incoterms 2000)的规定来解释。
Ex works (EXW), CIF, ‘carriage and insurance paid to’ (CIP) and other technical terms shall be construed according to the 2000 Paris version of International Chamber of Commerce Terms (Incoterms 2000).
According to Clause 11.2 of the Notice, tenderers shall divide the tender price into several parts, the sole objective of which is to make it convenient for Tenderee and Buyer to compare the tender documents, but will not restrict Buyer’s rights to conclude the Contract according to any of the above terms.
2.6投标人所报的投标价在合同执行期过程中是固定不变的，不得以任何理由予以变更。根据本须知第24条的规定，以可调整的价格提交的投标文件将作为非响应性投标而予以拒绝。A tender price offered by a tenderer shall remain unchanged during the performance of the Contract, but shall not be modified because of any reasons. According to Clause 24 of the Notice, tender documents containing any adjustable prices will be rejected as non-responsive tenders.
3. 投标货币Tender Currency
Goods and services to be provided by tenderers shall be quoted in the currency of US dollar.
4. 投标保证金Tender bond
4.1 投标人应提交金额为不少于投标报价总价2%的投标保证金，并作为其投标的一部分。Tenderers shall submit a tender bond that is no less than 2% of the total sum of the tender offer. It shall be part of the tender.
4.2 投标保证金是为了保护招标机构和买方免遭因投标人的行为而蒙受损失。招标机构和买方在因投标人的行为受到损害时可根据本须知第15.7条的规定没收投标人的投标保证金。Tender bond is designed to protect Tenderee and Buyer from losses because of any actions of tenderers. In case Tenderee and Buyer suffers any losses because of any actions of tenderers, the tender bond will be confiscated according to Clause 15.7 of the Notice.
The tender bond shall be in the tender currency and shall be in the following form:
由一家在中华人民共和国国内或国外信誉好的银行用招标文件提供的格式或招标机构接受的其他格式出具的银行保函、不可撤销的备用信用证，其有效期应超过投标有效期三十(30)天；A bank that enjoys good reputation in or outside the People’s Republic of China issues a letter of guarantee and an irrevocable stand-by letter of credit in the form provided by the tender invitation documents or in a form that is acceptable to Tenderee, the valid period being thirty (30) days more than the valid period of the tender;
Tenders to which a tender bond is not attached according to Clause 15.1 and 15.3 of the Notice shall be rejected as non-responsive tenders according to Clause 24 of the Notice.
Tender bonds of tenderers who fail in the tender will be returned to tenders in full amount as soon as possible and no later than thirty (30) days after the expiration of the valid period of the tender as provided in Clause 16 of the Notice.
The tender bond of the successful tenderer will be returned after the tenderer signs the Contract according to Clause 34 of the Notice and submits the performance bond according to Clause 35 of the Notice.
4.7 下列任何情况发生时，投标保证金将被没收：Tender bond will be confiscated in case:
Tenderers withdraw their tenders within the valid period of the tender as provided in the tender invitation documents; or
The successful tenderer fails to sign the Contract within the prescribed period according to Clause 34 of the Notice; or
The successful tenderer fails to submit the performance bond within the prescribed period according to Clause 35 of the Notice.
5. 投标有效期Valid period of tender
根据本须知第19条规定，投标应在规定的开标日后的180天内保持有效。投标有效期不满足要求的投标将被视为非响应性投标而予以拒绝。According to Clause 19 of the Notice, a tender remains valid within the 180 days after the prescribed tender opening date. Tenders with an ineligible valid period shall be rejected as non-responsive tenders.