3.0 OBTAINING TENDERS
3. 1 Preparation of Tender Documents
The tender documents prepared by the employer/engineer will normally include the following：
-Letter of invitation to tender,
-Instructions to tenderers,
-Tender form and appendices,
-Conditions of contract (Parts I and Ⅱ ) together with any requisite forms,
-Bill of quantities or schedule of prices,
-List of additional information required from tenderers.
The scope of the contract and an outline of the tender documents should be prepared before the prequalification documents in order to achieve consistency between these two sets of documents.
Some of the above items, such as “Letter of invitation to tender” and “Instructions to tenderers” will normally not form part of the contract agreement (see chapter 6.2) and consequently requirements and conditions applying to matters arising after award of contract must be incorporated elsewhere in the tender documents.
前面所列的某些项（如“投标邀请函”和“投标人须知”）一般不构成 合同协议书中的--部分（见第6. 2章），所以，适用于授予合同之后的 各项，宜的要求和条件必须纳入招标文件其他部分中。
Essential features of the tender documents are described below.
3.1. 2 Letter of Invitation to Tender
The letter of invitation to tender should be on employer^ headed paper and should include：
- Tender reference and title,
- List of documents issued.
- Receipt form for the tender documents (to be signed and returned by the tenderers)
- Instruction to inform the employer/engineer, in writing, of any significant changes to the data supplied in the prequalification application.
- 要求投标人对其在资格预审申请书提供的资料的任何重要变化应 书面通知雇主/工程师的指示。
- Date and place of tender submission and tender opening.
The letter of invitation should he kept as short as possible. Detailed information should he contained in the instructions to tenderers.
3.1.3 Instructions to Tenderers
Instructions to tenderers should be prepared by the employer/engineer to meet the particular requirements of individual contracts. The purpose of the document is to convey information and instructions that will govern the preparation, submission and evaluation of tenders.
雇主/工程师应编制投标人须知，以满足每个合同的具体要求，这个文 件的目的是传递关于编制、提交和评估投标书时所需要的信息和应遵 循的指示。
When determining the tender period, the employer/engineer must ensure that adequate time is available for tenderers to prepare their tenders taking into account the size, complexity and location of the project in question.
Tenderers should be notified of the number of copies of their tender that are required, stipulating that one set of the documents should be clearly marked “Original Tender” and the others(which should be photocopies )marked “Copy” and that，in the event of discrepancy, the “Original Tender” shall take precedence.
If a power of attorney is required» details of the precise requirements should be given.
The tenderers’ ttention should be drawn to any requirement for documents to be notarised and legalised at the embassy or consulate of the employer’s country,
Tenderers should be informed whether the successful tenderer will be required to establish a locally registered company for the purpose of the contract.
The instructions to tenderers should state that the employer does not bind himself to award a contract to any of the tenderers.
If remuneration is to be made to tenderers who submit responsive tenders ,the sum should be advised. If not，it should be stipulated that all costs and expenses associated with the preparation and submission of tenders shall be borne by the tenderers.
如果对那些提交符合要求的投标书的投标人给予某些补偿，则应将该 笔金额通知他们。如果不给补偿的话，应说明与編制和提交投标书有 关的一切费用均有投标人承担。
Consideration should he given to offering some remuneration to tenderers if they, in order to provide a responsive tender, have to undertake studies or carry out design work of a conceptual nature. This will normally he the case in “Design, Build, Operate and Transfer” projects or “Design, Build and Operate” projects, see Appendix I .
如果投标人为了提交符合要求的投标书必须进行研究或进行概念设计 的话，可考虑給予他们某些补偿。在“设计、建造、运營和转让”项 目或“设计、建造和运營”项目中情况常常如此，見附录I。
The instructions to tenderers should contain a list of the documents required to form a complete tender.
Tenderers should be informed that a tender will be rejected unless it is substantially responsive.
It should be made clear to tenderers that any corrections must be initialled. Data presented by tenderers in the form of computer printouts ,where appropriate，should normally be accepted.
Tenderers should be informed of whether alternative tenders will be considered or not. A compliant tender is normally a precondition for considering alternative tenders.
Alternative tenders must include a comprehensive and precise description of the parts of the tender documents vuhich have been altered. The alternative tender should include fall details of contractual conditions, specification，drawings, calculations, environmental impacts and costs for the parts of the works that have been altered in order to allow afair technical and financial evaluation of the alternative proposal.
投标书的替代方案中必须全面准确地说明招标文件中的更改部分。为 了能在财务和技米方面对替代方案作出的公平评估，在投标书替代方 案中必须包括涉及更换的那部分工程的合同条件、规范、图纸、计算 书、环境影响以及费用的详细情况。
Modification to Tenders
The tenderer should be informed that, if he has delivered, posted or dispatched his tender prior to the formal vsubmission date he has the right to modify or make corrections to it, provided that any such modifications or corrections are received by the employer/engineer in writing prior to the time specified for submission of tenders. The original tender thus modified or corrected would then be considered as the official tender.
应通知投标人，如果他在正式的提交日期递交、发送了他的投标书，他 有权对其作出修改或更正，但规定，关于任何此类修改或更正，投标 人必须使雇主/工程师在规定的投标书提交日期之前收到书面通知。如此修改或更正后的投标书正本即被认为是正式的投标书。
Tenderers should be advised of the source of finance and related conditions.
Where tenderers are required to provide financing they should be instructed to provide information as to source of finance and the conditions which will appy.
Currencies and Payments
Specific instructions should be given concerning the currencies to be used in the preparation of the tender. Tenderers should also be advised in which currency/currencies payments will be effected.
Where tenderers are required to express their tenders in a single currency (usually the currency of the country in which the works are to be carried out) is necessary to define the rates of exchange which have been used to convert the various currencies in which payment is required into a single currency unit. more than (me tenderer may request part payment in one particular currency, it is preferable that the exchange rates to he used should he consistent and, therefore, that they should he defined by the employer/engineer and notified to each tenderer a reasonable time before the date of submission. Normally, these rates should he the selling prices quoted at the local central hank and the rates should he those quoted at the time of closing 28 days before the tender submission date. The rates quoted are incorporated in the contract when awarded.
如果要求投标人使用单ー货币来表示他们的投标报价（一般为工程实 施所在国的货币），则有必要规定汇率，以便将支付要求的各种货币兑 换成单一货币单位。由于若干投标人要求支付他们一定量的某一特定货币，所以，使用的汇率最好保持一致。因此，汇率应由雇主/工程师 规定，并在提交投标书之前的一段合理的时间内通知给每个投标人，一般来说，此类汇率为当地中央银行在投标书递交之前第二十八天之日 发布的售价，并在授予合同时写入的合同中。
Tenderers should be advised if and how domestic preferences will be applied in the evaluation of tenders,
The requirements for a tender security, if any, will be determined by the circumstances of each project- If a tender security is required, a form should be included in the tender documents. A standard form of tender security is shown in Appendix DI . The amount and currency (ies ) of the security should be stated. In all cases the surety or sureties must be satisfactory to the employer^ If a tender security has been requested. any tender which has not been so secured will be rejected.
对投标保证的要求应视每个项目的具体情况而定。如果要求提交投标 保证，则应将其格式包括在招标文件中，附录Ⅲ中列出了一个标准的 投标保证格式。此类保证的金额和使用的货币应予以规定，在所有情况下，担保人应令雇主满意，如果已经要求提交投标保证，则没有按 要求附有此类保证的投标书将被拒绝。
Tenderers should be advised of the period of validity which is required for the tender security, and the events which will entitle the employer to call the security. The terms reflected in the standard Form of Tender Security shown in Appendix I are as follows ；
a. that it shall remain in full force and effect until the earliest of
i. [date], being [ ]days form [submission date], the date stipulated by the Authority for the submission of tenders , or any prolongation of such date above notified to the Authority by the Tenderer and the Surety in writing ；
ⅰ 从[提交日期]或当局规定的提交投标书的日期算起的天 的[日期]，或投标人和担保人书面通知给当局（即：雇主--译者注， 以下同）的对该日期延长的日期；
ii. in the event of acceptance of the Tender by the Authority, the date upon which the Tenderer provides a performance security to the Authority in accordance with the terms of the contract thereby made between them, or
ⅲ the event of acceptance by the Authority of a tender for the Works from a third party, the date upon which such third party provides the relevant performance security.
ⅲ 如果当局从第三方接受了对工程的投标书，该第三方提交相关 履约保证的日期。
b. subject to this Bond being in full force and effect, the Surety shall pay the full amount specified in this Bond upon receipt of a written certificate from the Authority stating that
b. 在本保函仍完全有效的情况下，担保人在收到当局的说明下列情况 的证明后，应支付保函中规定的全部金额：
i. the Tenderer has withdrawn his Tender during the validity of this Bond，or
ii. the Tenderer has failed to provide a performance security to the Authority in accordance with the terms of the contract between them upon acceptance of the Tender.
It is recommended that the period of validity of the security (Bond) shall equal the period of validity of the tender plus the time allowed for the tenderer to provide his performance security under the terms of the eventual Contract between the contractor and the employer* Tenderers should be advised that their tender securities will be returned to them as soon as the security is no longer in full force and effect as covered in sub-paragraph (a) above.
在此建议，履约保证（保函）应等于投标有效期加上允许投标人按雇 主与承包商（即：中标的投标人--译者注）之间签订的最终的合同提 交履约保证的时间。应通知投标人，当他们的投标保证如上面（a)中 所述不再有效之后，投标保证将被尽快退还给他们。
The employer/engineer should select the type and amount of security most appropriate to the contract to he awarded. It is preferable that the amount of security should he stated as a specific sum rather than as a percentage of the tender price.
雇主/工程师应选择最适合于所授出的合同的投标保证类型和金额。最 好将该保证金额规定为ー笔固定数额，而不要规定成投标价格的百分 数。
The evaluation criteria, which will form the basis for the selection of the most advantageous tender, should be specified.
If a specific method of evaluation is to be used in selecting the successful tender，the method should be described in the instructions to tenderers.
While adjudication generally will be primarily on the basis of tender price，other factors which may be relevant include：
- time for completion -suitability of technology
- 竣工时间 -技术的适合性
- life cycle costs of construction and plant
- environmental impact during the lifetime of the project
- avoidance of hazardous materials
- quality and serviceability of plant
- project financing
- operation and maintenance costs
These jactors shall he ? to the extent practicable i expressed in monetary terms or given a weight in the evaluation provision of the tender documents.
If a security (guarantee or bond )for performance is required, the type and terms should be specified in the conditions of contract. The terms should include the period of validity of the security t the procedure to be followed if the security is forfeit, arrangements for its release and the currency of any monetary transactions involved.
如果要求履约保证（保证书或担保函），其类型和条件应在合同条件中 予以规定。它的条件应包括保证的有效期、没收的采用的程序、退还 的安排、以及资金交易时所使用的货币。
The following checklist: is included to assist in the preparation of instructions to tenderers and shows subjects which should be covered ；
- The language of the tender.
- The number of copies of the tender that are required.
- Which documents have to be filled in by the tenderer and returned by the submission date and which have to be signed,
- The requirement for each tenderer to provide a power of attorney for the signature (s) to the tender.
- Any special rules regarding treatment of taxes, duties and other fiscal matters in the tender.
- Validity period of the tender.
- Any documents other than those issued as part of the tender documents which the tenderer must include with his tender (e. g- technical description or drawings，proposed methods of construction 5 proposed environmental protection measurements, proposed programme, schedule of key staff, quality control).
- Procedure for issuing addenda to the tender documents.
- 除作为招标文件一部分的那些文件之外，投标人还必须随其投标 书提交的任何文件（技术说明或图纸、拟定的施工方法、拟定的 环保措施、拟定的进度计划、关键职员表、质量控制等）。
- Procedure for dealing with queries raised by tenderers.
- Instructions for packing .labelling and addressing the tender (including a supply of standard labels if this is the practice of the employer).
- Procedure to be adopted for tenderers to inspect the site of the works.
- Procedure for inspecting any special documents not issued with the tender documents (e. g. site investigation reports), circumstances under which alternative offers may be submitted, confidentiality of tender documents.
- Procedure for the return of tender documents by unsuccessful tenderers (if required),
- Procedure for dealing with requests for extension of time by tenderers.
- Arrangements for the opening of tenders,
- Procedure for dealing with arithmetic errors found in tenders during evaluation,
- Rules relating to disqualification/rejection of tenders (e- g. late arrivals, altered figures, incomplete submissions and deviations).
- Any unusual features of the particular tendering process.
- Information about the evaluation criteria
3.1.4 Conditions of Contract
- 关于取消投标资格/拒绝投标书的规定（如迟到、更改数字、提交 文件不全、以及偏离要求等）。
The conditions of contract should be based on widely recognised conditions of contract such as “Conditions of Contract for Works of Civil Engineering Construction” and “Conditions of Contract for Electrical and Mechanical Works” published by FIDIC,
- 具体招标过程中的任何特殊情况ö 评标标准的说明。
These documents comprise ：
Part 1 ： General Conditions (and Preamble, if applicable).
Part II ： Conditions of Particular Application or Special Conditions.
If one of the above mentioned conditions is specified j guidance in its use is given in one of the following two publications “Guide to the use of FIDIC Conditions of Contract for Works of Civil Engineering Construction” and “Guide to the use of FIDIC Conditions of Contract for Electrical and Mechanical Works”
It should he noted that the conditions have been prepared to provide a fair sharing of responsibility and risk between employer and contractor and contain many interdependent clauses. They should therefore he adopted with as few alterations as possible.
3.1. 5 Specification
如果规定了上述合同条件中的ー种，在下面的两本书中的一本中給出 了它们的应用指南，ー本是《FIDIC 土木工程施工合同应用指南》，另一本是《FIDIC电气与机械工程合同条件应用指南》。
The specification will define the scope and technical requirements of the contract, including any requirements for training and the transfer of technology. The quality of materials and the standards of workmanship to be provided by the contractor must be clearly described, together with requirements for quality assurance to be performed by the contractor and the required safety ,health and environmental measures to be observed during the execution of the works, The extent, if any，to which the contractor will be responsible for the design of the permanent works should also be specified . Details should be included of samples to be provided and tests to be carried out by the contractor during the course of the contract, Any limitations on the contractor^ freedom of choice in the order, timing or methods of executing the work or sections of the works should be clearly set out and any restrictons in his use of the site of the works, such as interface requirements with other parts of the work, or provision of access or space for other contractors，should be given.
The specification shall promote the broadest possible competition and as far as possible follow international standards such as those issued by ISO.
3. 1. 5规范
规范应规定合同的范围和技术要求，包括任何培训和技术转让要求，承 包商提供的材料质量和エ艺标准应予以明确规定，同时还应说明对承 包商执行质量保证的要求;要求承包商在工程施工期间遵守的安全、卫 生和环保措施，承包商负责永久工程的设计范围（如果负责的话）亦 应在规范中明确规定，在规范中应包括合同期内承包商提供的样品和 须做的试验的详细规定，任何对承包商自由选择工程或其区段实施的 顺序、时间安排及其方法的限制应明确列出。同时任何对现场使用的限 制（如：与工程其它部分接合部的要求或为其它承包商提供通道或空 间的要求）亦应说明。
The drawings included in the tender documents should provide tenderers with sufficient detail to enable them, in conjunction with the specification and the bill of quantities ^ to make an accurate assessment of the nature and scope of the works included in the contract. The drawings should be listed in the specification.
3.1.7 Bill of Quantities/Schedule of Prices
3. 1. 6图纸
The bill of quantities/schedule of prices should provide identifying descriptions and estimated quantities of work comprised in the execution of the works.
If the tenders are based on lump sums ^ a break-down of such sums into constituent parts should be provided by the tenderer,
3. 1. 8 List of Additional Information required from the Tenderers
The employer/engineer should specify and additional information that tenderers arc required to submit with their tenders. To ensure completeness and uniformity between tenderers, a suitable form should be prepared and issued as part of the tender documents.
Information should not be sought on matters which affect neither the evaluation of tenders nor the subsequent contract.
3. 1. 8要求投标人提供的附加资料清单
hi order to assist the employer in forward budgeting, tenderers may he requested to provide with the tender an estimate of disbursements (excluding provisional sums) to he made by the employer during the period of the contract. The instructions should state the periods to he adopted for this estimate.
The estimates of cash flow will not become part of the contract as the figures may have to he reviewed and adjusted as the work proceeds. Expenditure tinder provisional sums will affect the figures, and so also will changes in the source of supply of goods and modifications to the programme or the extent of the works.
Depending on the particular requirements of a project^ such additional information may include some of the following:
为了有助于雇主制订预算，可要求投标ん随他们的投标书一起提交一 份在合同期内雇主将支付他们款项的估算书（临时预支款除外）。在技 标人须知中应说明姑算采用的时间段。
- Tenderer’s organisation for executing the contract.
现金流量估算书将不构成合同的一部分，因为估算数字可能随工程的 进展而需进行审查和调整，临时预支款下的开支将影响估算数字，同 时，供货渠道的变动以及工程进度或范围的修改也会影响此类估算数字。
- Tender programme for execution of the works.
- Breakdown oj prices.
- Estimates of cash flow.
- List of proposed major subcontractors, together with details of those parts of the works which the tenderer would propose to subcontract.
- Details of key staff who would he employed on the project.
- Proposed sureties for performance securities.
- 拟使用的分包商的清单，以及投标ん准备分包出去的那部分工程 的详细情况。
- Proposal for accommodation of contractor1 s employees.
- Projected build-up of labour on site, both Local and foreign.
- Contractor s estimated electrical power requirements on site.
- List of construction equipment proposed.
- Update of prequalification information j e. g. financial status and projects in hand.
The list is not exhaustive. It should he clearly stated which items form part of the evaluation and which items are to be incorporated into the contract,
3. 2 Issue of Tender Documents
Tender documents should be issued by the employer/engineer to those firms who have been selected to tender.
If a charge for documents Ls to he raised, issue should only he made against payment.
As an alternative to postings or despatching by other means, tenderers should always be given the option of collecting tender documents from the employer/engineer on the due despatch date. Tenderers should he asked whether they wish to collect the documents and instructed as to the time and place for collection.
3.3 Visit to Site by Tenderers
Visits to the site of the works should be arranged with the employer/ engineer as laid down in the instructions to tenderers.
The primary purpose of the visit is to enable each tenderer to inspect the site and obtain all relevant information required for the preparation of his tender.
Tenderers should he advised of the probable duration of the visits the period during which the visit may he made and the maximum number of persons from each tenderer allowed to participate.
The arrangements for the site visit should he determined so that equal opportunities are open to all tenderers. The visit should take place at approximately the end of the first half of the tender period and should include a tenderer^ conference,
Tenderers should make their own travelling arrangements and hear the costs, including fares, accommodation and subsistence and they should he advised of this in the instructions to tenderers.
It is the responsibility of the employer/engineer to make only those arrangements necessary for the actual inspection of the site.
The employer/engineer should make a record of tenderers representatives visiting the site.
The employer I engineer may require tenderers visiting the site to indemnify the employer/engineer against any claims for damage^ injury or death as a result of the visit.
3.4 Tenderers’ Queries
Tenderers’ queries can be handled by correspondence or by tenderers’ conference or by a combination of these methods.
The intended method or methods should be described in the instructions to tenderers.
Any tenderer requiring clarification of the tender documents should submit his queries to the employer/engineer in writing.
The employer/engineer should prepare and despatch written replies to queries. These replies, together with the text of the queries should be issued to all tenderers without quoting the source of the queries, and the tenderers should be required to acknowledge receipt of the information.
雇主/工程师应解答这些问题，并将书面解答发送给投标人。这些解答 以及原问题应发送给所有的投标人，但不应说明问题的来源，应要求 投标人复函说明收到有关资料。
Tenderers should be instructed that queries will not be accepted by the employer/engineer unless received 28 days before the date for submission of tenders.
Replies to queries should, where appropriate, be issued as addenda to the tender documents.
Tenderers’ Conference Method
With the conference method，queries from the tenderers to the employer/engineer are dealt with at a tenderers1 conference arranged by the employer/engineer to take place at the time of the site visit.
Tenderers’ queries should be in writing and should identify the party raising the query.
As far as possible oral answers should be given by the employer/engineer during the conference.
在会议之后的合理时间内，雇主/工程师应向所有投标人（不管他们是 否与会）发送记录问题与解答的整套会议纪要。如果需要的话，应将此 类问题与解答作为招标文件的补遗来颁发。
Within a reasonable time after the conference, the employer/engineer should send all tenderers, whether present at the conference or not, a full set of minutes recording both the queries and formal replies. Where appropriate, an addendum to the tender document should be issued.
Receipt of the minutes should be acknowledged by the tenderers.
Representation from each tenderer should be limited to two or three persons at the conference.
3. 5 Addenda to Tender Documents
Each addendum should, when issued, carry a serial number for reference purposes and contain a receipt slip which should be signed by the tenderers and returned immediately to the employer/engineer.
Addenda should be complete in themselves and should not rely on tenderers having to appreciate the implications and decide whether other changes to the documents are required as a consequence.
Addenda become part of the tender documents.
It is possible that explanations, revisions, additions or deletions to the tender documents may be necessary during the tender period and these should he notified in accordance with the procedure shown above.
The employer/engineer should avoids if possible, the issue of addenda during the latter part of the tender period. If unavoidable, the employer / engineer should consider extending the tender period to allow tenderers a reasonable time for their incorporation. It should also he remembered that changes of a minor' nature can usually he dealt with in discussions with the selected tenderer prior to award.
如果不可避免的话，雇主/工程师可考虑将投标期限延长，以给予投标 人一合理的时间，让他们在其投标中对招标文件补遗予以考虑。同时应 当记住，对于无关紧要的小变动，常常可以在授予合同之前通过与选 定的投标人商榷的方式来处理。
The tender period should not he extended unless the circumstances are exceptional. In considering the need for extensions which might arise, either as the result of major amendments to the tender documents or as a direct request from one or more tenderers ^ the following criteria should be applied :
除非情尤特殊，否则，投标期限一般不予延长。在考虑可能出现的延期 需要时，不管是由于招标文件作了重大修改，或是由于ー个或更多投 标:人的要求而致，均需按下列标准来判断是否予以延期：
- Is there a convincing reason for granting an extension?
- Would the refusal of an extension reduce the number of tenders to he submitted?
- Would an extension give preferential treatment to those tenderers who are unable to meet the original tender submission dated?
- Would an extension create unacceptable delay to the project programme?
3. 6 Submission and Receipt of Tenders
It is the responsibility of tenderers to ensure that their tenders are delivered to the employer/engineer by the due submission date and time, properly signed by authorised signatories.
Tenderers should be instructed to return their tenders double-wrapped in plain envelopes or packages using pre-addressed labels provided by the employer/engineer. The labels should identify the particular tender and should carry a code to enable the employer/engineer to identify the tenderer (for example t for use in the event of late tenders having to be returned unopened), Labels should preferably be distinctive and carry the words 4*Tender Document-To remain sealed until official opening”.
应指示投标人，在提交投标书时，要使用双S普通信封或封套，并将 雇主/工程师提供的が先写好地址的标签贴在上面，标签应能标明所涉 及的投标，并应有一编码，以便雇主/工程师能够看出是哪位投标人的 投标书（如：在役标书迟到，不得不在不启封的情况下退还给投标人 时，这种做法就很有用），标签最好醒目，并标有“投标文件---正式开标示前不得启封”的字样。
The employer/engineer should mark all tenders with the time and date of receipt and ensure that they are kept secure and unopened until the date and time appointed for the official opening.
If tenders are delivered by hand. Tenderers should obtain a receipt from the employer/engineer recording the date and time of delivery.
Tenders received after the appointed time should be immediately returned, unopened, to tenderers, accompanied by an explanatory letter giving the date and time of receipt.