INVITATION TO TENDER

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
(a) Volume 1 Instructions to Tenderers
Conditions of Contract:
Part I--General
Part II--Conditions of Particular
Application

(b) Volume 2 Specification
(incl. list of Drawings)

(c) Volume 3 Form of Tender and Appendix thereto
Form of Tender Security
Bill of Quantities
Schedules of Supplementary Information

(d) 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 pre-qualified 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 fax or e-mail 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 fax or e-mail 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 Employeror his agent __________ shall be in . 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 shall submit with their tender a preliminary program in the format required by Clause 14 of the Conditions of Contract.

10.4 The successful tenderer will be required to revise or augment his Program as set out in the Contract.

11. Tender Prices

11.1 Unless explicitly stated otherwise in the tender documents, the Contract shall be for the whole of the Works ______ as described in Clause 1 hereof, based on the schedules of unit rates and amounts submitted by the tenderer.

11.2 The tenderer shall fill in rates and amounts for all items of work described in the Bill of Quantities, whether quantities are stated or not. Items against which no rate or amount is entered by the tenderer will not be paid for by the Employer when executed and shall be deemed covered by the other rates and amounts entered in the Bill of Quantities.

11.3 All duties, taxes and other levies payable by the Contractor under the Contract, or for any other cause, as at the date ________ days prior to the date for submission of tenders shall be included in the rates and amounts and total tender sum submitted by the tenderer, and the evaluation and comparison of tenders by the Employer shall be made accordingly.

11.4 The rates and amounts entered by the tenderer shall be subject to adjustment during the performance of the Contract in accordance with the provisions of the Conditions of Contract. The tenderer shall complete Schedule III-Price Adjustment Provisions and shall submit with his tender such other supporting information as is required under Clause 70 of the Conditions of Contract.

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