西安第五包商务英文标书.doc

INVITATION TO BIDS
DATE: Feb.18, 2008
Loan Agreement No.: C01-P148

1. XI’AN MUNICIPAL PEOPLE’S GOVERNMENT OF REPUBLIC OF CHINA has received an ODA Loan from Japan Bank for International Cooperation (hereinafter referred to as the JBIC) in the amount of 9.764 billion Japanese Yen toward the cost of the Xi’an Environment Improvement Project of which the Loan Agreement concluded on Mar. 29, 2002 (C01-P148) ，and intends to apply a portion of the proceeds of the loan to eligible payments under the contracts of procurement of wastewater & sludge treatment equipment and the relative equipment of Xi’an No.4 Sewage Treatment Plant, package No.5 of the project（details as per shopping list in Section VII Technical Specifications of VOLUME 2）, for which this Invitation to Bids is issued.Disbursement of the ODA Loan by JBIC will be subject, in all respects, to the terms and conditions of the Loan Agreement, including the disbursement procedures and the 'Guidelines for Procurement under JBIC ODA Loans'. No party other than XI’AN MUNICIPAL PEOPLE’S GOVERNMENT OF REPUBLIC OF CHINA shall derive any rights from the Loan Agreement or have any claim to Loan proceeds. The above Loan Agreement will cover only a part of the project cost. As for the remaining portion, XI’AN MUNICIPAL PEOPLE’S GOVERNMENT OF CHINA will take appropriate measures for finance.

2. JBIC requires that bidders and contractor, CHINA INTERNATIONAL TENDERING COMPANY (hereinafter called the “Procurement Agency”) as well as XI’AN MUNICIPAL INFRASTRUCTURE CONSTRUCTION INVESTMENT & MANAGEMENT CO. LTD (hereinafter called the “Employer”) entrusted by XI’AN MUNICIPAL PEOPLE’S GOVERNMENT, under contracts funded with JBIC ODA Loans and other Japanese ODA, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, JBIC
(a) will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;
(b) will recognize a contractor as ineligible, for a period determined by JBIC, to be awarded a contract funded with JBIC ODA Loans if it at any times determines that the contractor has engaged in corrupt or fraudulent practices in competing for, or in executing, another contract funded with JBIC ODA Loans or other Japanese ODA.

3.China International Tendering Company,hereinafter referred to as the Agency，is authorized by Xi’an Municipal Infrastructure Construction Investment & Management Co. Ltd, hereinafter referred to as the Employer, to invite qualified bidders from manufacturers and/or trading companies organized and registered in and controlled by the eligible source countries: China and Japan, according to the stipulations of the Loan Agreements，to submit the sealed bids for supply, transportation, delivery, testing, commissioning, training, documentation and 12 months defect liability period of Xi’an No.4 Sewage Treatment Plant, package No.5 of the Xi’an Environment Improvement Project.

4. Interested qualified Bidders may purchase the Bidding documents from Procurement
agency from 9:00 to 16:00 o’clock Beijing time on working days at the Room 1102, Genertec Plaza, No.90, Xi San Huan Zhonglu Fengtai district, Beijing from Feb. 18, 2008 upon non-refundable payment of RMB8,000.- for the contract package. The document will be promptly dispatched by registered airmail if it is requested by the Bidder, but under no circumstances will it be held responsibility for late delivery or loss of the documents so mailed.

5.The Employer and the Procurement Agency reserves the right to accept or reject late bids.
6. All expenses relating to participation in this bid shall be borne by the bidder.

Name of the Employer:
XI’AN MUNICIPAL INFRASTRUCTURE CONSTRUCTION
INVESTMENT & MANAGEMENT CO. LTD
Address: No.58, Nan Er Huan Xi Duan, Xian, China.
Post Code: 710075 Contact: Mr. Chen jing an
Tel: [phone]; Fax. [phone]
E-Mail: jhb@

Name of the Procurement Agency:
CHINA INTERNATIONAL TENDERING COMPANY
Address: Room 910, Genertec Plaza, No.90, Xi San Huan Zhonglu Fengtai District,Beijing, China
Contact: Mr. Jia Guo Qiang Telephone No.: 0086-10-63348559
Fax No.: 0086-10-63373575 Post Code: 100089

Procurement Agency:
CHINA INTERNATIONAL TENDERING COMPANY

Employer:
XI’AN MUNICIPAL INFRASTRUCTURE CONSTRUCTION
INVESTMENT& MANAGEMENT CO. LTD

Table No.1-1:
Contents of Bidding Package

Item No.
Name of Commodity
Specifications
Quantity
Package No.5
wastewater & sludge treatment equipment and the relative equipment of Xi’an No.4 Sewage Treatment Plant
As per Technical Specifications
As per Technical Specifications

Table Of General Contents

Volume 1/Commercial Part
Section I Instruction to Bidders………………………………………………..………8
Section II Table of General Requirement for Bid………………………………..…… 27
Section III Qualification Documents…………………………………………………… 28
Section IV General Condition of Contract…………………………………..…….…… 52
Section V Special Conditions of Contract………………………………..……………61
Section VI Sample Forms………………………………………………………….……97

Volume 2
Section VII Technical Specifications…………………… ………………………126


Volume 1

CONTENTS
Section I Instruction to Bidders………………………………………………..………8
Section II Table of General Requirement for Bid………………………………… … 27
Section III Qualification Documents……………………………………………… …… 28
Section IV General Condition of Contract…………………………………..……. …… 52
Section V Special Conditions of Contract………………………………..………… …61
Section VI Sample Forms………………………………………………………….… …97

Section I Instructions to Bidders

TABLE OF CLAUSES

Clause Number
A. General
1. Source of Funds 10
2. Scope of Bid 10
3. Eligible Bidders 10
4. Eligible Goods 11
5. Qualification of the Bidder 11
6. One Bid per Bidder 11
7. Cost of Bidding 12
8. Assurance 12

B. Bidding documents
9. Bidding Documents 12
10. Clarification of Bidding Documents 12
11. Amendment of Bidding Documents 12
12. PRE-BIDMEETING……………………………………………….…………………….. 13

C. Preparation of Bids
13. Language of Bid 13
14. Documents Comprising the Bid 13
15. Bid Prices 14
16. Currencies of Bid and Payment 16
17. Documents Establishing Eligibility of the Bidder and the Goods 16
18. Documents Establishing the Bidder’s Qualifications to Perform the Contract 17
19. Documents Establishing the Good’s Conformity to the Bidding Documents 15
20. Bid Security 16
21. Period of Validity of Bids 16
22. Alternative Bids 17
23. Format and Signing of Bids 17

D. Submission of Bids
24. Sealing and Marking of Bids 17
25. Deadline for Submission of Bids 18
26. Late Bids 18
27. Modification and Withdrawal of Bids 18
E. Bid Opening and Evaluation

28. Opening of Bids by Purchaser 19
29. Process to be Confidential 19
30. Clarification of Bids 19
31. Preliminary Examination of Bids 19
32. Evaluation and Comparison of Bids 20
33. Contacting the Purchaser 22
34. Purchaser’s Right to Accept Any Bid and to Reject Any or All Bids 22

F. Award of Contract
35. Qualification and Award 22
36. Notification of Award 22
37. Signing of Contract 23
38. Performance Security 23
39. Others 23

Section I Instructions to Bidders

A. GENERAL

1. Source of Funds
1.1 THE MINISTERY OF FINANCE OF THE PEOPLE’S REPUBLIC OF CHINA has received an ODA Loan from Japan Bank for International Cooperation (hereinafter referred to as the JBIC) in the amount of 9.764 billion Japanese Yen toward the cost of the Xi’an Environment Improvement Project of which the Loan Agreement concluded on Mar. 29, 2002 (C01-P148)，and intends to apply a portion of the proceeds of the loan to eligible payments under the contracts of procurement of wastewater & sludge treatment equipment and the relative equipment of Xi’an No.4 Sewage Treatment Plant, package No.5 of the project（details as per shopping list in Section VII Technical Specifications of VOLUME 2 .Disbursement of the ODA Loan by JBIC will be subject, in all respects, to the terms and conditions of the Loan Agreement, including the disbursement procedures and the 'Guidelines for Procurement under JBIC ODA Loans'. No party other than THE MINISTRY OF FINANCE OF THE PEOPLE’S REPUBLIC OF CHINA ENTRUSTED BY THE MINISTRY OF FINANCE OF THE PEOPLE’S REPUBLIC OF CHINA shall derive any rights from the Loan Agreement or have any claim to Loan proceeds.

1.2 JBIC requires that bidders and contractors, China International Tendering Company(hereinafter called “ITC”/”Procurement Agency” as well as XI’AN MUNICIPAL INFRASTRUCTURE CONSTRECTION INVRSTMENT & MANAGEMENT CO.LTD(hereinafter called "the Employer"), under contracts funded with JBIC ODA Loans and other Japanese ODA, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, JBIC;
(a) Will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;
(b) Will recognize a contractor as ineligible, for a period determined by JBIC, to be awarded a contract funded with JBIC ODA Loans if it at any times determines that the contractor has engaged in corrupt or fraudulent practices in competing for, or in executing, another contract funded with JBIC ODA Loans or other Japanese ODA.

2. Scope of Bid
2.1 China International Tendering Company (hereinafter referred to as “ITC”) is authorized by the Employer to receive International Bids for supply and delivery of the materials and equipment described in Volume 2 of the Bidding Documents hereof (hereinafter referred to as “the Goods”).

3. Eligible Bidders
3.1 The Invitation for Bids is open to all suppliers from eligible bidders from eligible source countries, and meeting both of the following requirements:
（a）A bidder (including all members of a joint venture) shall be from an eligible source country; which refers to Japan and China; and
(b) A bidder (including all members of a joint venture) shall not be one of the followings:
(i) A firm or an organization which has been engaged by the Employer to provide
consulting services for the preparation related to procurement for or implementation of this project;
(ii)Any associates/affiliates (inclusive of parent firms) of a firm or an organization mentioned in subparagraph (i) above;
(iii)A firm or an organization who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project, if the personnel would be involved in any capacity on the same project.

3.2 If a joint-venture in China is a Sino-Japan joint-venture or is incorporated by Japanese Company and another Japanese Company, the sale’s experience of the Goods can be counted form the date of the parent Company separately. Otherwise, the sale’s experience of the Goods can only be counted from the date of the joint venture’s registration in P. R. China拟加此条。老贾是否同意？
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4. Eligible Goods
4.1Any contract under which Goods are procured from countries other than the eligible source countries as defined in sub-clause 3.1 for the implementation of the project will be eligible for financing under JBIC ODA Loans if the combined costs of such Goods are less than 50 percent of the price of the said contract.
4.2 At ITC/THE Employer’s request, bidders may be required to provide evidence documents of the origin of the goods.

5. Qualification of the Bidder
5.1 Qualification of the Bidder
To be qualified for award of Contract, bidders shall:
(a) Submit a written power of attorney authorizing the signatory of the bid to commit the bidder; and
(b) Submit documentary evidence establishing that the bidder has adequate experience, financial capacity and technical capability to undertake the Contract.
5.2 Bids submitted by a joint venture of two or more firms as partners shall comply with the following requirements:
(a) The bid, and in case of a successful bid, the Form of Agreement, shall be signed so as to be legally binding on all partners;
(b) One of the partners shall be authorized to be of a general sponsor; and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners;
(c)The partner of general sponsor shall be authorized to incur liabilities, receive payments and receive instructions for and on behalf of any or all partners of the joint venture;
(d) All partners of the joint venture shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms, and a relevant statement to this effect shall be included in the authorization mentioned under (b) above as well as in the Bid Form and the Form of Agreement (in case of a successful bid); and
(e) Qualification in conformity with the sample form in SECTION III of the bidding documents for each of the joint venture partners红字为拟加内容，老贾是否同意？

and a copy of the agreement entered into by the joint venture partners shall be submitted with the bid.

6. One Bid per Bidder
6.1 Each bidder shall submit only one bid either by itself, or as a partner in a joint venture. Alternative bid price will be rejected by China International Tendering Company / the Purchaser.

7. Cost of Bidding
7.1 The bidder shall bear all costs associated with the preparation and delivery of its Bid, and ITC/THE EMPLOYER will in no case be responsible or liable for those costs.

8. Assurance
8.1 The successful bidder will be required to give satisfactory assurance of its ability and intention to deliver the Goods, pursuant to the Contract, within the time set forth therein. The Bid will be rejected by China International Tendering Company / the Purchaser, when the bidder fails to submit the documents establishing bidder’s satisfactory assurance of its ability and intention to deliver the Goods, pursuant to the Contract, within the time set forth therein红字为拟加内容，老贾是否同意？
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B. THE BIDDING DOCUMENTS

9. Bidding Documents
9.1 The bidding documents are those stated below, and should be read in conjunction with any Addenda issued in accordance with Clause 11.
VOLUME 1
Invitation for Bids
Sectio