14.Bid Prices投标价格 14.1 Unless stated otherwise in the bidding documents, the Contract shall be for the whole Works as described in Sub-Clause 1.1, based on the schedule of unit rates and prices submitted by the bidder. 除非投标文件另有14.Bid Prices投标价格
14.1 Unless stated otherwise in the bidding documents, the Contract shall be for the whole Works as described in Sub-Clause 1.1, based on the schedule of unit rates and prices submitted by the bidder.
14.2 The bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities,. Items against which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities.
14.3 All duties, taxes and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of bids, shall be included in the rates and prices and the total bid price submitted by the bidder. The bidder shall be familiar with the Tax laws of the Employer’s country. ［List taxes exempted, if any, by referring to the related clause numbers of the Tax law.］
14.4 The rates and prices quoted by the bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of Clause 79 of the Conditions of Contract. The bidder shall furnish the indices for the price adjustment formulae in the Appendix to Bid, and shall submit with its bid such other supporting information as required under Clause 70 of the Conditions of Contract.
15. Currencies of Bid and Payment报价和付款的币别
15.1 The unit rates and the prices shall be quoted by the bidder separately in
(a) Japanese Yen and/or for those inputs to the Works which the bidder expects to supply from outside the Employer’s country (referred to as “the foreign currency requirements”);and
投标商应按下述规定分别报出单价和总价：日元和/或--，投标商拟从买方所在国家以外其他国家的工厂生产供货时适用。 (参见“ 外国货币要求” ) ；和
(b) Currency of Employer’s country for those inputs to the Works which the bidder expects to supply from within the Employer’s country.
15.2 Payment of the contract price shall be made in the currency or currencies in which the bid price is expressed in the bid of the successful bidder.
15.3 The rates of exchange to be used by the bidder for currency conversion during bid preparation shall be the selling rates for similar transactions prevailing on the date 28 days prior to the date of bid opening, as published by . If exchange rates are not so published for certain currencies, the bidder shall state the rates used and the source.
15.4 The foreign currency requirements generally include the following:
（a）expatriate staff and labor employed directly on the Works;
（b）social, insurance, medical and other charges relating to such expatriate staff and labor, and foreign travel expenses;
（c）imported materials, both temporary and permanent, including fuels, oil and lubricants required for the Works;
(d) depreciation and usage of imported Plant and Contractor’s Equipment, including spare parts, required for the Works;
（e） foreign insurance and freight charges for imported materials, Plant and Contractor’s Equipment, including spare parts; and
(f) overhead expenses, fees, profit, and financial charges arising outside in connection with the Works.
15.5 Bidders may be required by the Employer to clarify their foreign currency requirements, and to substantiate that the amounts included in the unit rates and prices and shown in the Appendix to Bid are reasonable and responsive to Sub-Clause 15.1, in which case a detailed breakdown of its foreign currency requirements shall be provided by the bidder.
15.6 Bidders should note that during the progress of the Works, the foreign currency requirements of the outstanding balance of the Contract Price may be adjusted by agreement between the Employer and the Contractor in order to reflect any changes in foreign currency requirements for the Contract, in accordance with Sub-Clause 72.2 of the Conditions of Contract. Any such adjustment shall be effected by comparing the amounts quoted in the bid with the amounts already used in the Works and the Contractor’s future needs for imported items.
16. Bid Validity 投标文件的有效性
16.1 Bids shall remain valid for a period of 120 ［or specify number］days after the date of bid opening specified in Clause 25.
16.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request that the bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by fax. A bidder may refuse the request without forfeiting its bid security. A bidder agreeing to the request will not be required or permitted to modify its bid, but will be required to extend the validity of its bid security for the period of the extension, and in compliance with Clause 17 in all respects.
17. Bid Security 保证金
17.1 The bidder shall furnish, as part of its bid, a bid security in the amount of
［indicate amount in currency of Employer’s country］ or an equivalent amount in a freely convertible currency.
17.2 The bid security shall, at the bidder’s option, be in the form of a certified check, bank draft, standby letter of credit or guarantee from a reputable bank. The format of the bank guarantee shall be in accordance with the sample form of bid security included in Section 5; other formats may be permitted, subject to the prior approval of the Employer. Letters of credit and bank guarantees issued as surety for the bid shall be valid for 28 days beyond the validity of the bid.
投标保证的形式，投标商可以选择经银行确认的支票的形式、银行汇票形式、备用信用证或由信誉卓著银行出具的保函形式 12。银行保函的格式应根据第五部分投标保证的样本出具；如果买方事先同意，其他形式的保证也是允许的。信用证和银行保函形式的投标担保的有效期应截止到投标有效期满后第 28天。
17.3 Any bid not accompanied by an acceptable bid security shall be rejected by the Employer as nonresponsive.
17.4 The bid securities of unsuccessful bidders will be returned as promptly as possible, but not later than 28 days after the exp0iration of the period of bid validity.
17.5 The bid security of the successful bidder will be returned when the bidder has signed the Agreement and furnished the required performance security.
17.6 The bid security may be forfeited 下列情况将被没收保证金
(a) if the bidder withdraws its bid during the period of bid validity; or
(b) if the bidder does not accept the correction of its bid price, pursuant to Sub-Clause 29.2; or
(c) in the case of a successful bidder, if it fails within the specified time limit to 如果中标人没有在规定时间内
(i) sign the Agreement, or 签订协议，或
(ii) furnish the required performance security. 提交规定的履约保证金。
Alternative A: Technical alternatives accepted, but only that of the lowest evaluated conforming bidder considered.
18. Alternative Proposals by Bidders 投标人的可选项建议
18.1 Bidders wishing to offer technical alternatives to the requirements of the bidding documents must first price the Employer’s design as described in the bidding documents and shall further provide all information necessary for a complete evaluation of the alternative by the Employer, including drawings, design calculations, technical specifications, breakdown of prices, and proposed construction methods. Only the technical alternatives, if any, of the lowest evaluated bidder conforming to the basic technical requirements shall be considered by the Employer.
Alternative B: To be used when alternative proposals are not permitted
18. Alternative Proposals by Bidders 由投标人提出的选择建议
18.1 Bidders shall submit offers which comply with the documents, including the basic technical design as indicated in the Drawings and Specifications. Alternatives will not be considered. The attention of bidders is drawn to the provisions of Clause 28 regarding the rejection of bids which are not substantially responsive to the requirements of the bidding documents.
19. Pre-Bid Meeting 标前会议
19.1 The bidder or its official representative is invited to attend a pr-bid meeting which will take place at ［address of venue］on ［time and date］.
19.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.
19.3 The bidder is requested to submit any questions in writing or by fax, to reach the Employer not later than one week before the meeting.
19.4 Minutes of the meeting, including the text of the questions raised and the responses given, will be transmitted without delay to all purchasers of the bidding documents. Any modification of the bidding documents listed in Sub-Clause 9.1 which may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 11 and not through the minutes of the pre-bid meeting.
19.5 Bidders are advised to attend the pre-bid meeting. However, nonattendance at the pre-bid will not be a cause for disqualification of a bidder. Bidders who do not attend the pre-bid meeting assume the responsibility to comply with modifications to the bidding documents mentioned in sub-clause 19.4 above and which are communicated through an Addendum pursuant to Clause 11.
20. Format and Signing of Bid 标书文件的格式和签署
20.1 The bidder shall prepare one original and ［insert number ］copies of the Bid documents comprising the bid as described in Clause 13 of these Instructions to Bidders, bound with the volume containing the Form of Bid , and clearly marked “ORIGINAL” and “ COPY” as appropriate. In the event of discrepancy between them, the original shall prevail.
买方应在标书23 条和24 条规定的时间、日期和地点收到清楚地标明“ 正本投标文件” 和（X） 14份副本的投标格式及其附属文件（具体规定见 13条）。如果正本文件和副本文件的规定不一致，应以正本文件为准。
20.2 The original and all copies of the bid shall be typed or written in indelible ink ( in the case of copies, Photostats are also acceptable) and shall be signed by person or persons duly authorized to sign on behalf of the bidder, pursuant to Sub-Clauses 5.1(a) or 5.2(b), as the case may be. All pages of the bid where entries or amendments have been made shall be initialed by the person or persons signing the bid.
20.3 The bid shall contain no alterations, omissions or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the bidder, in which case such corrections shall be initialed by the person or persons signing the bid.
SUBMISSION OF BIDS投标文件的提交
21. Sealing and Marking of Bids投标文件的密封和标记
21.1 The bidder shall seal the original and each copy of the bid in an inner and an outer envelope, duly marking the envelopes as “ORIGINAL”and “COPY”.
封上恰当的标明“ 正本” 和“ 副本” 字样。
21.2 The inner and outer envelopes shall
(a) be addressed to the Employer at the following address: ［insert address of office for bid submission］:and
(b) bear the following identification: 载明如下信息：
Bid for ［name of Contract］对 投标［合同名称］
Bid Reference Number: ［insert loan and contract number］标书号
DO NOT OPEN BEFORE ［time and date for bid opening, per Sub-Clause 25.1］
21.3 In addition to the identification required in Sub-Clause 21.2, the inner envelope shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared “late” pursuant to Clause 23.
根据标书第21.2 条的规定，买方在其规定的截标时间之后收到的任何投标文件都应明确为“ 迟到的标书” ，并根据第23条规定将投标文件原封不动的退回给投标商。
21.4 If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the bid.
22. Deadline for Submission of Bids 投标截止期限
22.1 Bids must be received by the Employer at the address specified above no later than ［insert time and date, which must be the same as those given in the Invitation for Bids］.
22.2 The Employer may, at its discretion, extend the deadline for submission of bids by issuing an addendum in accordance with Clause 11, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will thereafter be subject to the deadline as extended.
23. Late Bids
23.1 Any bid received by the Employer after the deadline for submission of bids prescribed in Clause 22 will be rejected and returned unopended to the bidder.
24. Modification and Withdrawal of Bids投标文件的修改和撤回
24.1 The bidder may modify or withdraw its bid after bid submission, provided that written notice of the modification or withdrawal is received by the Employer prior to the deadline for submission of bids.
24.2 The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and delivered in accordance with the provisions of Clause 21, with the outer and inner envelopes additionally marked “MODIFICATION” or “WITHDRAWAL”, as appropriate. A withdrawal notice may also be sent by fax but must be followed by a signed confirmation copy.
24.3 No bid may be modified by the bidder after the deadline for submission of bids.
24.4 Withdrawal of a bid during the interval between the deadline for submission of bids and the expiration of the period of bid validity specified in the Form of Bid may result in the forfeiture of the bid security pursuant to Clause 17.
A. BID OPENING AND EVALUATION 开标和评标
25. Bid Opening 开标
25.1 The Employer will open the bids, including modifications made pursuant to Clause 24, in the presence of bidders’ representatives who choose to attend, at ［insert time and date］
［insert Address］. The bidders’ representatives who are present shall sign a register evidencing their attendance.
25.2 Envelopes marked “WITHDRAWAL” shall be opened first and the name of the bidder shall be read out. Bids for which an acceptable notice of withdrawal has been submitted pursuant to Clause 24 shall not be opened and will be returned to the bidder.
25.3 The bidders’ names, the Bid Prices, the total amount of each bid ［and of any alternative bid］, any discounts, bid modifications and withdrawal, the presence or absence of bid security, and such other details as the Employer may consider appropriate, will be announced and recorded by the Employer at the opening. Any bid price, discount or alternative bid price which is not read out and recorded at bid opening will not be taken into account in bid evaluation. The bidders’ representatives will be required to sign the record.
25.4 The Employer shall prepare, besides the record of bid opening, minutes of the bid opening, including the information disclosed to those present in accordance with Sub-Clause 25.3.
26． Process to Be Confidential保密程序
26.1 Information relating to the examination, clarification, evaluation and comparison of bids and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced. Any effort by a bidder to influence the Employer’s processing of bids or award decisions may result in the rejection of the bidder’s bid.
27. Clarification of Bids
27.1 To assist in the examination, evaluation and comparison of bids, the Employer may, at its discretion, ask any bidder for clarification of its bid, including breakdowns of unit rates. The request for clarification and the response shall be in writing or by fax, but no change in the price or substance of the bid shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids in accordance with Clause 29.
28. Preliminary Examination of Bids and Determination of Responsiveness
28.1 Prior to the detailed evaluation of bids, the Employer will determine whether each bid (i) meets the eligibility criteria of JBIC ODA Loans; (ii) has been properly signed; (iii) is accompanied by the required securities; (iv) is substantially responsive to the requirements of the bidding documents; and (v) provides any clarification and/or substantiation that the Employer may require pursuant to Clause 27.
28.2 A substantially responsive bid is one which conforms to all the terms, conditions and specifications of the bidding documents, without material deviation or reservation. A material deviation or reservation is one (1) which affects in any substantial way the scope, quality or performance of the Works; (ii) which limits in any substantial way, inconsistent with the bidding documents, the Employer’s rights or the bidder’s obligations under the Contract; or (iii) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids.
28.3 If a bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.
29. Correction of Errors 错误校正
29.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Arithmetic errors will be rectified on the following basis. If there is a discrepancy between the unit rate and the total cost per item that is obtained by multiplying the unit rate and quantity, the unit rate shall prevail and the total cost per item will be corrected unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit rate, in which case the total cost per item as quoted will govern and the unit rate corrected. If there is a discrepancy between the total bid amount and the sum of total costs per item, the sum of the total costs per item shall prevail and the total bid amount will be corrected.
29.2 The amount stated in the Form of Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, shall be considered as binding upon the bidder. If the bidder does not accept the corrected amount of bid, its bid will be rejected, and the bid security may be forfeited in accordance with Sub-Clause 17.6（b）.
30. Conversion to Single Currency单一货币的换算
30.1 The Employer will convert the amounts in various currencies in which the Bid Price is payable (excluding Provisional Sums but including Daywork where priced selected by the Employer and to be specified here) at the selling exchange rates officially prescribed for similar transactions as established by ［name of central bank in Employer’s country or other authoritative source for similar transactions ］ on the date of bid opening.
31. Evaluation and Comparison of Bid投标文件的评估和比较
31.1 The Employer will evaluate and compare only the bids determined to be substantially responsive in accordance with Clause 28 and qualified for award of Contract in accordance with Clause 5.
31.2 In evaluation the bids, the Employer will determine for each bid the Evaluated Bid Price by adjusting the Bid Price as follows:
(a) making any correction for errors pursuant to Clause 29;
(b) excluding Provisional Sums and the provision, if any, for Contingencies in the Summary Bill of Quantities, but including Daywork, where priced competitively;
(c) making an appropriate adjustment for any other acceptable variations, deviations or alternative offers submitted in accordance with Clause 18;
(d) applying any discounts offered by the bidder for the award;
(e) excluding ［specify and list taxes included in the bid price but not to be considered when evaluating and comparing bids］.
（f）converting the amount resulting from applying (a) to (e) above to a single currency in accordance with Clause 30.
31.3 The Employer 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 bidding documents or otherwise result in the accrual of unsolicited benefits to the Employer shall not be taken into account in bid evaluation.
31.4 The evaluation of bids shall take into account the price and other commercial features of the offer. In addition, it may also take into account other criteria, such as those in the sample listed below.
Construction Time Schedule 施工时间表
Construction Method 施工方法
Quality Control System 质量管理系统
Labour and Materials 劳工与材料
Safety Measures 安全措施
31.5 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in bid evaluation.
31.6 If the bid of the successful bidder is seriously unbalanced in relation to or substantially below the Engineer’s estimate of the cost of work to be performed under the Contract, the Employer may require the bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed.
After evaluation of the price analyses, the Employer may require that the amount of the performance security set forth in Clause 36 be increased at the expense of the successful bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful bidder under the Contract.
B. AWARD OF CONTRACT合同授予
32. Award 授标
32.1 Subject to Clause 33, the Employer will award the Contract to the bidder whose bid has been determined to be substantially responsive to the bidding documents and who has offered the Lowest Evaluated Bid Price, provided that such bidder has been determined to be (i) eligible in accordance with the provisions of Sub-Clause 3.1 and 4.1;and (ii) qualified in accordance with the provision of Clause 5. When there was pre-qualification, the latter examination shall be limited to confirming that the bidders’ conditions for pre-qualification remain substantially unchanged, but this examination remains a prerequisite for award.
33. Employer’s Right to Accept any Bid and to Reject any or all Bids
33.1 Notwithstanding Clause 32, the Employer reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of Contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Employer’s action.
34. Notification of Award 授标通知
34.1 Prior to expiration of the period of bid validity prescribed by the Employer, the Employer will notify the successful bidder by cable confirmed by registered letter that its bid 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 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 Contract Price”).
34.2 The notification of award will constitute the formation of the Contract.
34.3 Upon the furnishing by the successful bidder of a performance security, the Employer will promptly notify the other bidders that their bids have been unsuccessful.
35. Signing of Agreement
35.1 At the same time that the Employer notifies the successful bidder that its bid has been accepted, the Employer will send the bidder the Form of Agreement provided in the bidding documents, incorporating all agreements between the parties.
35.2 Within ［insert number ］days of receipt of the Form of Agreement, the successful bidder shall sign the Form and return it to the Employer.
36. Performance Security 履约保证金
36.1 Within 28 days of receipt of the notification of award from the Employer, the successful bidder shall furnish to the Employer a performance security in an amount of ［inert figure］ percent of the Contract Price in accordance with the Conditions of Contract. The form of performance security provided in Section 8 of the bidding documents may be used or some other form acceptable to the Employer.
36.2 Failure of the successful bidder to comply with the requirements of Clauses 35 or 36 shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security.
如果中标商不能满足标书 35条和 36条的要求，买方将有足够的理由宣布授标无效并罚没投标保证。