机电产品采购国际竞争性招标文件(英文版)模板.doc

The Bidding Documents For
ICB Procurement of Mechanic
& Electronic Products

(Volume One)

The Bidding Documents For
ICB Procurement of
Mechanic & Electronic Products

(Volume One)

Mechanic & Electronic Products
Import & Export Department
Ministry of Foreign Trade & Economic Cooperation P.R.C

Total Table of Contents

Volume One

Section l. Instructions to Bidders

Section 2. Terms and Conditions of Contract

Section 3. Contract Form

Section 4. Attachments

Volume Two

Section 5. Invitation for Bids

Section 6. Bid Data Sheet

Section 7. Contract Data Sheet

Section 8. Schedule of Requirements and Technical Specif1cations

Table of Contents

Section 1. Instructions To Bidders 6

A. lntroduction 7
1. Source of Funds 7
2. Tendering Agent for ICB Procurement of Mechanic and Electronic Products
and Eligible Bidders 7
3. Eligible Goods and Services 7
4. Cost of Bid 8

B. The Bidding Documents 8
5. Content of Bidding Documents 8
6. Clarification of Bidding Documents 9
7. Amendment of Bidding Documents 9

C. Preparation of Bids 9
8. Language of Bid 9
9. Documents Comprising the Bid 9
10. Bid Form 10
11. Bid Prices 10
12. Bid Currencies 11
13. Documents Establishing Bidder’s Eligibility and Q11aliacations 11
14. Documents Establishing Goods’ Eligibility and Conformity to Bidding Documents 12
15. Bid Security 13
16. Period of Validity of Bids 13
l7. Format and Signing of Bids 14

D. Submission of Bids 14
18. Sealing and Marking of Bids 14
19. Deadline for Submission of Bids 15
20. Late Bids 15
21. Modif1cation and Withdrawal of Bids 15

E. Opening and Evaluation of Bids 15
22. Opening of Bids 16
23. Clarification of Bids 16
24. Preliminary Examination 16
25. Conversion to Single Currency 17
26. Evaluation and Comparison of Bids 17
27. Determination of Final Evaluated Bid Prices 21
28. Contacting the Tendering Agent and the Tenderer 21

F. Award of Contract 21
29. Post qualification 21
30. Award Criteria 21
31. Right to Vary Quantities at Time of Award 22
32. Publication of Evaluation Result 22
33. Right to Accept Any Bid and to Reject Any or All Bids 22
34. Notification of Award 22
35. Signing of Contract 22
36. Performance Security 23

Section 2. Terms and Conditions of Contract 24
1. Definitions 25
2. Application 25
3. Country of Origin 25
4. Standards 26
5. Use of Contract Documents and Information 26
6. Patent Rights 26
7. Performance Security 26
8. Inspections and Tests 27
9. Packing 28
10. Marking for Shipment 28
11. Terms of Shipment 29
12. Shipping Advice 30
13. Delivery and Documents 31
14. Insurance 32
15. Transportation 32
16. Incidental Services 32
17. Spare Parts 32
18. Warranty 33
19. Claims 33
20. Payment 34
21. Prices 35
22. Change Orders 35
23. Contract Amendments 36
24. Assignment 36
25. Subcontracts 36
26. Delays in Supplier’s Performance 36
27. Liquidated Damages 36
28. Termination for Default 37
29. Force Majeure 37
30. Termination for Insolvency 38
31. Termination for Convenience 38
32. Resolution of Disputes 38
33. Governing Language 39
34. Applicable Law 39
35. Notices 39
36. Taxes and Duties 39
37. Effectiveness of the Contract and Miscellaneous 40

Section 3. Contract Form 41

Section 4. Attachments 44
1. Bid Form 45
2. Summary Sheet for Bid Opening 47
3. Bid Schedule of Prices 48
4. Brief Description of the Goods 50
5. Deviation Form for Technical Specifications 51
6. Deviation Form for Commercial Terms 52
7. Form for Bid Security 53
8. Form for Power of Attorney 54
9. Qualification Documents 55
Fom9-1 Statement Concerning Qualification 56
Fom9-2 Manufacturer’s Quaiif1cation Statement 57
Form9-3 Trading Company’s or Agent’s Qualification Statement 60
Fom9-4 Letter of Authority from Manufacturer 62
Fom9-5 certificate 63
10. Form for Performance seCllr1ty 64
11. Bank Guarantee Form for Advance Payment 65
12. Specimen of Letter of Credit 66

Section 1
Instructions To Bidders

Instructions to Bidders

A. Introduction

1. Source of Funds
1.1 The Tenderer named in the Bid Data Sheet has received a loan/fund as identified in the Bid Data
Sheet. The Tenderer intends to apply a portion of the proceeds of this loan/fund to the payments
under the contract for which this Invitation for Bids is issued.
2.Tendering Agent for ICB Procurement of Mechanic and Electronic Products and Eligible Bidders
2.1 The Tendering Agent for ICB Procurement of Mechanic and Electronic Products(hereinafter called“Tender1ng Agent”) in this ITB means the qualified Legal Person approved and authorised by the Ministry of Foreign Trade and Economic Cooperation to handle the procurement of mechanic and electronic products by way of International Competitive Bidding (ICB) on behalf of the Tenderer.
2.2 Eligible Bidders
1) This Invitation for Bids is open to all suppliers from within the People’s Republic of China (hereinafter abb. as “PRC”) and al1countries/areas which have regular trade relations with PRC (hereinafter called “the eligible source countries”), except as provided hereinafter.
2) Bidders should not be associated, directly or indirectly, with a firm or any of its affi1iates which have ken engaged by the Tenderer to provide consulting services for the preparation of the design, specif1cations, and other documents to be used for the procurement of the goods to be purchased under this Invitation for Bids.
3) The Suppliers may participate in the bids only if they are legally and financially autonomous,
if they operate under relevant law, and if they are not a dependent agency of the Tendering Agent and the Tenderer.
3. Eligible Goods and Services
3.1 All goods and related services to be supplied under the contract shall have their origin in eligible
source counties, as denned in clause 2.2 above, and all expenditures made under the contract will
be limited to such goods and services.
3.2 For purposes of this clause,“origin” means the place where the goods are mined, grown or produced, or the place from which the related services are supplied. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially recognised product results that is substantially different in basic characteristics or in purpose or utility from its components.
3.3 The origin of goods and services is distinct from the nationality of the Bidder.
4. Cost of Bid
4.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and the
Tendering Agent and the Tenderer, named in the Bid Data Sheet, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bid process.

B. The Bidding Documents

5. Content of Bidding Documents
5.1 The goods required, bidding procedures and contract terms are prescribed in the bidding documents.
The content of the bidding documents will be separated into two volumes as follows:
Volume One:
Section I Instructions to Bidders
SectionⅡ Terms and Conditions of Contract
Section III Contract Form
Section IV Attachments
Volume Two:
Section V Invitation for Bids
Section VI Bid Data Sheet
Section VII Contract Data Sheet
Section VIII Schedule of Requirements and Technical Specifications
5.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the bidding
documents. Failure to furnish a11 information required by the bidding documents or to submit a bid not substantially responsive to the bidding documents in every respect will be at the Bidder’s risk and may result in the rejection of its bid.
6. Cladf1cation of Bidding Documents
6.1 A prospective Bidder requiring any clarification of the bidding documents may notify the Tendering Agent and the Tenderer in writing. The Tendering Agent will respond in writing to any request for clarification of the bidding documents which it receives no later than fifteen (15) days prior to the deadline for the submission of bids prescribed in the Bid Data Sheet. Written copies of the Tender1ng Agent’s response (without identifying the source of inquiry) will be sent to all prospective bidders who have purchased the bidding documents.
7. Amendment of Bidding Documents
7.1 At any time prior to the deadline for submission of bids, the Tendering Agent, for any reason,
whether at its own initiative or in response to a clarification requested by a prospective Bidder,
may modify the bidding documents by amendment.
7.2 All prospective bidders who have purchased the bidding documents will be notified of the amendment in writing, and will be binding on them. Prospective Bidders shall promptly acknow1edge the receipt thereof by cable or fax to the Tendering Agent.
7.3 In order to afford prospective bidden reasonable time in which to take the amendment into account in preparing their bids, the Tendering Agent, at its discretion, may extend the deadline for the submission of bids.

C. Preparation of Bids

8. Language of Bid
8.1 The bid prepared by the Bidder, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Tender1ng Agent/the Tenderer, shall be written in the language specified in the Bid Data Sheet. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the Bid Data Sheet, in which case, for purposes of interpretation of the Bid, the translation shall govern.
9. Documents Comprising the Bid
9.1 The bid prepared by the Bidder shall comprise the following components:
1) A Bid Form, Bid Schedule of Prices and a Summary Sheet for Bi