INVITATION TO TENDER

23.2 Any effort by a tenderer to influence the Employer in the process of examination, clarification, evaluation and comparison of tenders and decisions concerning award of contract may result in the rejection of his tender.

24. Clarification of Tenders
To assist in the examination, evaluation and comparison of tenders, the Employer and _______________ Company may ask tenderers individually for clarification of their tenders, including breakdowns of unit prices. The request for clarification and the response shall be in writing or by fax or e-mail, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetical errors discovered by the Employer during the evaluation of tenders in accordance with Clause 26 hereof.

25. Determination of Responsiveness

25.1 Prior to the detailed evaluation of tenders, the Employer and_________ Company will determine whether each tender is substantially responsive to the requirements of the tender documents.

25.2 For the purpose of this Clause, a substantially responsive tender is one which conforms to all the terms, conditions and specifications of the tender documents without material deviation or reservation. A material deviation is one which affects in any substantial way the scope, quality or administration of the Works, or which limits in any substantial way, inconsistent with the tender documents, the Employer's rights or the tenderer's obligations under the Contract, and the rectification of which deviation or reservation would affect unfairly the competitive position of other tenderers offering substantially responsive tenders.

25.3 If a tender is not substantially responsive to the requirements of the tender documents, it shall be rejected by the Employer and_________ Company.

26. Correction of Errors

26.1 Tenders determined to be substantially responsive will be checked by the Employer for any arithmetical errors in computation and summation. Errors will be corrected by the Employer as follows:
(a) Where there is a discrepancy between amounts in figures and in words, the amount in words will normally govern, unless it is clear from the context that the amount in figures is correct; and
(b) Where there is a discrepancy between the unit rate and the total amount derived from the multiplication of the unit rate and the quantity, the unit rate as quoted will normally govern unless, in the opinion of the Employer, there is obviously a gross error in the unit rate; in which event the total amount as quoted will govern and the unit rate will be corrected.

26.2 The amount stated in the Form of Tender will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the tenderer, shall be considered as binding upon the tenderer. The tenderer may, at his option, withdraw his tender if acceptance of the corrected amount would cause hardship. However in cases such as this, the tenderer is warned that such an action may cause his tender security to be forfeited.

27. Conversion to Single Currency
The Tender Price is the sum of all payments stated or expressed as a percentage in various currencies required to be made to the tenderer. To facilitate evaluation and comparison of tenders, the Employer will convert the amounts in various currencies in which the Tender Price is payable (excluding Provisional Sums but including Day works, where priced competitively) to RMB at the selling rates established by Bank of China, on the date specified for the opening of tenders.

28. Evaluation and Comparison of Tenders

28.1 The Employer and _____________ Company will evaluate and compare only those tenders determined to be substantially responsive to the requirements of the tender documents in accordance with Clause 25 hereof. The Evaluation and comparison shall be based only on the "Basic" offer to determine the lowest evaluated tenderer for award of the Contract.

28.2 In evaluating tenders, the Employer will determine for each tender the Evaluated Tender Price by adjusting the tender price as follows:
(a) Making any correction for errors pursuant to Clause 26;
(b) Excluding Provisional Sums and the provision, if any, for Contingencies in the Summary Bill of Quantities, but including works where priced competitively;
(c) Converting all amounts to a single currency;
(d) Adding any monetary cost of mobilization advances, assessed in accordance with Clause 28.3
(e) Making an appropriate adjustment for any other acceptable quantifiable variations, deviations or alternative offers not reflected in the tender price or in the above-mentioned other adjustments.
(f) Such other factors as the Employer considers may have a potentially significant impact on contract execution, price and payments, including the effect of items or unit rates in the tender that are unbalanced or unrealistically priced.

28.3 The monetary costs to the Employer of variations in the amount of mobilization advances requested by tenderers pursuant to Clauses 15.1(a), using a discount rate of ______ percent per annum, shall be added to the respective tenderer's tender price for comparison purposes only.

28.4 The Employer and ___________ Company 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 tender documents or otherwise result in the accrual of unsolicited benefits to the Employer may not be taken into account in tender evaluation.

28.5 Price adjustment provisions applying to the period of execution of the Contract shall not be taken into account in tender evaluation.

28.6 If the tender of the successful tenderer is seriously unbalanced in relation to the Engineer's estimate of the real cost of work to be performed under the Contract, the Employer may require that the amount of the performance security set forth in Clause 34 be increased at the expense of the successful tenderer to a level sufficient to protect the Employer against financial loss in the event of subsequent default of the successful tenderer under the Contract.

29. Preference for Domestic Tenderers

29.1 Domestic tenderers shall satisfy the following criteria to be eligible for a _______% margin of preference in the comparison of their tenders with those of non-eligible tenderers:
(a) Be registered within China;
(b) Have majority ownership by nationals of China; and
(c) Shall not subcontract more than ________% of the contract works (in terms of value) to foreign contractors.

29.2 Combinations and joint ventures between domestic and foreign firms shall be eligible for the margin of preference provided:
(a) The domestic partner or partners individually satisfy the criteria for eligibility set out above;
(b) The domestic partner or partners will, under the arrangements proposed, carry out at least ________% of the contract works, measured in terms of value.
(c) The domestic partner or partners would not be qualified for the Contract Works in question on technical or financial grounds without the foreign participation.

29.3 The following procedure will be used to give effect to the margin of preference:
(a) After tenders have been evaluated fully in accordance with the provisions of Clause 28 hereinabove, responsive tenders will be classified into the following groups:

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