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11. INVITATION TO TENDER
Whole Doc.
Date:
Tender No.
1. The People's Republic of China has-applied for a loan and credit
from the World Bank towards the cost of ________________ Project. It is
intended that part of the proceeds of this loan and credit will be appliedto eligible payment under various contracts for ____________ , __________,__________. Tendering is open to all tenderers from eligible sourcecountries as defined under the "Guidelines for procurement" of the WorldBank.
2. ___________ Company now invites sealed tenders from pre-qualified
tenderers for provision of the necessary labour, materials, equipment andservices for the construction and completion of the project.
3. Pre-qualified tenderers may obtain further information from, and
inspect the tender documents at the office of: ________.
4. A complete set of tender documents may be obtained by any
pre-qualified tenderer for the cost of RMB _________ or US $ ___________on the submission of a written application to the above.
5. All tenders must be accompanied by a Tender Security in an
acceptable form and must be delivered to ________ Company at the
above-mentioned address (refer to Item 3) on or before ___________.
6. Tenders will be opened in the presence of those tenderers'
representatives who choose to attend at ____________ (time).
7. If a prequalified foreign tenderer wishes to form Joint venture
with a domestic contractor, such a request will be considered if receivedwithin ______ days before the closing date for submission of tenders. Theselected local contractor shall be subject to approval by the Employer.
8. The Pre-Tender Meeting will be held on __________ at the following
address: _________.
Instructions to Tenderers
General
1. Description of Works (sketch)
All tenderers shall have equal access for supply of domestic labour
and material.
The Contractor shall make his own arrangements for the procurement of
local labour, materials, transportation and other services.
The Employer will assist Contractor in locating potential number of
suppliers for local labour, materials. The Employer will also assist thecontractor in making his own arrangement for supply of fuel and
explosives.
2. Source of Funds
2.1 The People's Republic of China has applied for a loan and credit
from the World Bank (hereinafter referred to as the IFI) towards the costof ____________ Project, and intends to apply a portion of the proceeds of the loan and credit to eligible payments under the Contract for whichthese documents are issued. Payment by the IFI will be made only at the request of the Chinese Government and upon approval by the IFI and will be subject in all respects to the terms and conditions of the Loan Agreement.
No party other than the People's Republic of China shall derive any rights from the Loan Agreement or have any claim to the loan proceeds.
2.2 Payment from the proceeds of the World Bank Loan will be limited
to goods produced in, and services supplied from, Switzerland and the
member countries of the World Bank which have commercial relations with
China.
2.3 All costs not met by the IFI Loan will be paid by the Employer
from funds allocated by the Government of China.
3. Eligibility and Qualification Requirements
3.1 This tender is open to all pre-qualified tenderers from eligible
source countries as defined under the "Guidelines for Procurement" of the world Bank.
3.2 All goods and services to be supplied under this Contract shall
have their origin in eligible source countries, and all expenditures made under the Contract will be limited to such goods and services.
3.3 The origin of goods and services is distinct from the nationality
of the tenderer.
3.4 To be eligible for award of contract, tenderers shall have
provided evidence satisfactory to the Employer of their eligibility under clause 3.1 above, and of their capability and adequacy of resources to effectively carry out the Contract. To this end, the Employer and
____________ company may, at any time prior to award of contract, request tenderers to amplify or update previously submitted prequalification data.
All Tenders submitted shall include the following information:
(a) copies of original documents defining the constitution or legal
status, place of registration and principal place of business of the
company, firm or partnership or, if a joint venture, of each party thereto constituting the tenderer;
(b) the qualifications and experience of key personnel proposed for
administration and execution of the Contract, both on and off site, in the format prescribed in Schedule V;
(c) major items of constructional plant and equipment proposed for use in carrying out the Contract in the format prescribed in Schedule IV;
(d) a list of proposed sub-contractors in the format prescribed in
Schedule VI;
(e) information regarding any current litigation in which the tenderer is involved;
(f) the details of the construction methods proposed.
3.5 For the purposes of sub-clause 3.4, tenderers who have been
pre-qualified may update and augment the information supplied with their application for pre-qualification, and, in particular, shall give
particulars of work in hand at the date of tendering.
3.6 Tenders submitted by a joint venture of two or more firms as
partners shall comply with the following requirements:
(a) the tender, and in case of a successful tender the Form of
Agreement, shall be signed so as to be legally binding on all partners;
(b) one of the Joint Venture members shall be nominated as sponsor;
and this authorisation shall be evidenced by submitting a power of
attorney signed by legally authorised signatories of all the members of
the joint venture;
(c) the joint venture sponsor shall be authorised to incur liabilities and receive instructions for and on behalf of any and all members of the joint venture and the entire execution of the Contract including payment shall be done exclusively with the joint venture sponsor;
(d) all members of the joint venture shall be liable jointly and
severally for the execution of the Contract in accordance with the
Contract terms, and a relevant statement to this effect shall be included in the authorisation mentioned under (b) above as well as in the Form of Tender and the Form of Agreement (in case of a successful tender); and
(e) a copy of the agreement entered into by the joint venture partners shall be submitted with the tender.
3.7 Domestic tenderers or combinations or joint ventures of domestic
and foreign tenderers applying for eligibility for the application of a
_____% margin of preference in the comparison of their tender with other tenders shall supply all information required to satisfy the criteria for eligibility as described in Clause 29 of these Instructions.
4. Cost of Tendering
The tenderer shall bear all costs associated with the preparation and
submission of his tender and neither the Employer nor his agent
___________ Company will in any way be responsible or liable for those
costs, regardless of the outcome of the tendering process.
5. Site Visit
5.1 The tenderer is advised to visit and examine the Site of the Works and the surroundings and to obtain for himself on his own responsibility,all information that may be necessary for preparing the tender and entering into a contract. The costs of visiting the site shall be at the tenderer's own expense.
5.2 Arrangements for a visit to site, including transportation and
accommodation. will be made by the Employer or his agent _________ Company and will be advised to tenderers at the pre- tender meeting, details of which are given in Clause 16 of these Instructions to Tenderers.,
5.3 The tenderer and any of his representatives will be granted
permission by the Employer or his agent ___________ company to enter upon its premises and lands for the purpose of such inspection by prior
arrangement, but only upon the express condition that the tenderer and his representatives, will release and indemnify the Employer or his agent
___________ Company and its personnel from and against all liability in
respect thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage,costs and expenses however caused, which, but for the exercise of such permission, would not have arisen.
Tender Documents
6. Content of Tender Documents
6.1 The set of documents issued to pre-qualified tenderers for the
purpose of tendering will cost RMB_______ or US $ ______ and will include the stated number of copies of the following:
Number of copies Description
1 Volume 1 Instructions to Tenderers
Conditions of Contract:
Part I--General
Part II--Conditions of Particular
Application
1 Volume 2 Specification
(incl. list of Drawings)
3 Volume 3 Form of Tender and Appendix thereto
Form of Tender Security
Bill of Quantities
Schedules of Supplementary Information
1 Volume 4 Drawings
6.2 Tender documents shall include any addenda issued prior to the
closing date of tenders in accordance with Clause 8 and any minutes of
pre-tender meetings issued in accordance with Clause 16 of these
Instructions to Tenderers.
6.3 Further copies of the documents may be purchased by pre-qualified
tenderers for a non-refundable fee as follows: (sketch)
6.4 Sub-contractors, manufacturers, suppliers and others who require
copies of the documents shall not request them directly from _____________
but shall obtain them only from pre-qualified tenderers.
6.5 On return of the documents in an undamaged and useable condition,
either as part of a tender or otherwise, within the specified time limits,
the tenderer's pre-qualification fee will be refunded, as follows:
(a) Tender submitted: _________________% refund of fee
(b) Tender not submitted but ________________% refund of fee
documents returned prior to closing date of tender
6.6 The tenderer is expected to examine carefully all instructions,
conditions, forms, terms, specifications and drawings in the tender
documents. Failure to comply with the requirements of the Instructions to
Tenderers will be at the tenderer's own risk. Tenders which are not
substantially responsive to the requirements of the tender documents may be rejected.
6.7 The four volumes of the tender documents have been collated and
bound by mechanical means and tenderers should check to ensure that they contain all pages (which are numbered consecutively) and that all
supplements referred to are also included.
7. Clarification of Tender Documents
7.1 A Prospective tenderer requiring any clarification of the tender
documents may notify ___________ in writing or by telex at the following address: __________.
The Employer or his agent _____________ will respond in writing to any request for clarification which is received more than _____ days prior to the deadline for submission of tenders. Written copies of the response
(including an explanation of the query, but without identifying the source
of the inquiry) will be sent to all prequalified tenderers who have been
issued with tender documents.
8. Amendment of Tender Documents
8.1 Prior to the deadline for submission of tenders, the Employer may,
for any reason, whether at its own initiative or in response to a
clarification requested by a prospective tenderer, modify the tender
documents by the issue of an Addendum.
8.2 The Addendum will be sent in writing or by telex or telegram to
all pre-qualified tenderers who have picked up the tender documents and
will be binding upon them. Prospective tenderers shall promptly
acknowledge receipt thereof by telex or telegram to ____________.
8.3 In order to afford prospective tenderers reasonable time in which
to take an Addendum into account in preparing their tenders, the Employer
or his agent _________ may, at their discretion, extend the deadline for
the submission of tenders in accordance with Clause 19 hereof.
Preparation of Tenders
9. Language of Tender
9.1 The tender and all correspondence relating to the tender exchanged
by the tenderer and the Employer or his agent __________ shall be in
English. Supporting documents and printed literature furnished by the
tenderer with the tender may be in another language provided they are
accompanied by an appropriate English translation of pertinent passages.
For the purpose of interpretation of the tender, the English version shall
prevail.
10. Documents Comprising the Tender
10.1 The tender to be Prepared by the tenderer shall contain the
following:
the Form of Tender and Appendix thereto;
the Tender Security;
the priced Bill of Quantities;
the Schedules of Supplementary Information;
the information on eligibility and qualifications;
alternative offers, if any; and
any other information required to be submitted in accordance with
these Instructions.
The Forms, Bill of Quantities and Schedules provided in Volume 3 of
these documents shall be used without exception (subject to extensions of
the Schedules in the same format, and to the provisions of Clause 14.2
hereof regarding the alternative forms of tender security).
10.2 All documents issued for the purpose of tendering as described in Clause 6.1 and addenda issued in accordance with Clause 8 shall be deemed incorporated in the tender. Tender documents not required to be signed and
submitted in accordance with Clauses 17 and 18 shall be returned to the
office of issue before the expiry of the tender validity period, but must not be enclosed with the Tender.
10.3 Tenderers s
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