TENDERING PROCEDURE
The FIDIC Conditions of Contract envisage that a contractor will be lected by the Employer following competitive tendering.
FIDIC has published a document entitled 'Tendering Procedure' which prents a systematic approach to the lection of tenderers and the obtaining and evaluating of tenders. It is intended to assist the Employer/Engineer to receive sound competitive tenders with a minimum of qualifications and formulated so that they can be quickly and efficiently assd. At tile same time, every effort has been made to provide the opportunity and incentive for contractors to respond easily to invitations to tender for projects they are well qualified to implement.
Experience has shown that, for major projects and tho involving international tendering, prequalification of tenderers is desirable since it enable the Employer/Engineer to establish. In advance the competence of the firms subquently invited to tender. It also ensures that invitations are addresd to leading companies who would not necessarily participate in open or unrestricted tendering. Such unrestricted tendering does not always facilitate appropriate competition becau the number of tenderers may be so great as to make the odds against tendering successfully unacceplable.
Additionally, prequalification has the advantage of reducing the inflationary effect which must ari where firms incur unproductive expen in submitting a large number of tenders in the knowledge that a high proportion of the must be unsuccessful.
A flowchart illustrating the recommended procedures for the prequalification of tenderers, for obtaining tenders and for opening and evaluation of tenders is reproduced on subquent pages.
The documents issued to tenderers (the Tender documents) normally compri Condition of Contract, Specifications, Drawings, Bill of Quantities and form of Tender, together with Instructions to Tenderers. All except Instructions to Tenderers become Contract documents on award of Contract. It is usual to nd the Tender document to tenderers under cover of latter, which should be limited to identifying the documents and giving the recipient an invitation to tender.
加拿大日Conditions of Contract
The Conditions of Contract will consist of Part I and Part II of the Red Book. The Conditions t out the legal/contractual arrangements that will apply to the Contract. The principles and the method to be followed in their preparation are described in a later chapter of this Guide,
Specification贠璐
The Specifications will define the scope and the technical requirements of the Contract. The quality of materials and the standards of workmanship to be provided by the Contractor must be clearly desirable, together with the extent, if any, to which the Contractor will be responsible for the design of the permanent works. Details must be included of samples to be provided and tests to be carried out by the Contractor during the cour of the Contract. Any limitations on the Contractor's freedom of choice in the order, timing or methods of executing the work or ctions of the works must be clearly t out and any restrictions in his u of the site of the works, such as the provision of access or space for other contractors, must be given.
o asss accurately, in conjunction with t f work included in the Contract. Only et of drawings so fully detailed that the work cessary. On most contracts supplementary d estimated quantities of work to be executed ent form of contract, although that does not he Bill of Quantities provided that the scope of ined.
I a number of tenderers, that the tenders erms and conditions and prented in a
Drawings
The Drawings must be in sufficient detail to enable tenderers t he Specification and the Bill of Quanti
说普通话写规范字手抄报内容ties, the nature and scope o rarely is it possible to provide, at tender stage, a complete s can be executed without any further drawings becoming ne drawings will be issued after award as work proceed.
Bill of Quantities
The Bill of Quantities is a list of items giving descriptions an under the Contract. The Red Book assumes a remeasurem preclude the inclusion of a number of lump sum items in t work to be covered by each lump sum item is adequately def The Tender
t is highly desirable when inviting competitive offers from received should be bad as far as possible on equal t
standardized manner. In this way evaluations and comparison between the tenders received can be made more simply and accurately with less risk of misunderstandings errors and omissions.
The Tender is the most important single documenl submitted by the tenderer. It is here that each tenderer comfirms that he has read and understood the requirements of the Tender documents and bad on such requirements it is here that be states his tender sum for undertaking and fulfilling all h
is obligations under the Contract, It is therefore esntial for the Employer that all Tenders received are stated in identical terms and thus it is necessary for the Employer, when inviting Tenders, to provide tenderers with a standard form of tender which each tenderer is required to complete and sign.
The form of Tender which is included at the end of the first volume of the Red Book following Part I of the Conditions of Contract is recommended for this purpo. It is short, it is clear and when signed and submitted creates a legally binding and valid offer.勇敢者的游戏决战丛林
It is common for Tenders to be identified by a tender reference or contract number which should be added to link the Tender to the project in question.
The organisation to which the Tender is being submitted must be stated in the appropriate space on the form.
The sum to be entered under paragraph 1 of the Tender is the tenderer's total Tender stun, which should be the same as the total from the summary page of the Bill of Quantities. The amount shall be entered in words and in figures and in the event of a discrepancy between the two it is common practice in most countries that the written amount shall prevail over the amount expresd in figures.
The sum agreed may vary during the execution of the project depending on what circumstances occur, e.g. the instruction of variations, the occurrence of unforeen events, which in accordance with the Conditions of Contract entitled the Contractor to additional (or reduced) payment.
Under paragraph 4 the Employer must state the time during which he requires the Tender to remain valid and open to acceptance. This time should be adequate to permit proper evaluation and award procedures to be completed.
In the event that the stated time proves Io be insufficient, the Employer may ask tenderers to extend the period of validity of their Tenders for a further named period. At the same time tenderers should be asked to extend the validity of any tender bond accordingly. Tenderers are free to extend or not, if so requested, and in the event that they choo not to do so, the Employer has no right to cash or hold their tender bond.
The Employer must also fill in, before the issue of the Tender documents, the necessary details in the list given in the Appendix to Tender, in accordance with the Notes at the foot of the Appendix. Instructions to Tenderers
Instructions to Tenderers must be prepared to meet he requirements of individual contracts. Their pu
rpo is to convey information and instructions which apply during the tendering period. Any material on which it is intend to rely after award must be include elwhere, e.g. in the Conditions of Contract or the Specification.
The following notes provide a guide to subjects to be covered, but they are not necessarily exhaustive.
1.General
Under this heading should be included brief details of the organization (Government, Ministry, Department, Authority, etc.) calling for Tenders, together with an outline of the project to be covered by the Contract.
Any stipulations regarding firms and persons qualified to tender, such as prior prequalification and/or requirements in the event of formation of joint ventures, should be stated, together with details of any special requirements to establish the validity of the Tender and the authority of the signatory, e.g. Power of Attorney.
Tenderers must be advid if the successful tenderer will be required to establish a locally registered company for the purpo of the Contract.
2.Documents
A list of documents issued to tenderers should be included together with instructions as to which of the documents must be completed by the tenderer and handed in the submission date.
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If the Tender documents are not issued free of charge then the sum required for the original t and for any additional ts should be stated and whether payment is to be made in local or equivalent foreign currency. Tenderers should be advid as to how the extra ts of documents can be obtained and also of procedures to be followed for the return of the documents by unsuccessful tenderers.
3.Completion and Submission of Tenders
Conci instructions as to the time, date and place for the submission of Tenders should be given.
It should also be made clear to tenderers that all entries and signature should be in indelible ink and that no erasures or additions are permitted other than tho necessary to correct errors. All such corrections must be initialed.
It is normal to ask for more than one copy of the Tender, in which ca tenderers should be instructe
d as to the manner in which the Tenders are to be packaged.
It is usual to stipulate that one t of documents should be clearly marked ‘Original Tender’ and other marked 'Copy', and that if there are discrepancies the Original Tender takes precedence. Photocopies of the Original Tender minimize the risk of discrepancies.
The tenderer should be told whether, if he has handed in his Tender before the formal submission date or has nt it by post, he has the right to withdraw, modify or correct it after dispatch. This would normally be permitted, provided that a request for modification etc., has been received by the Employer either in writing or by cable, telex or facsimile transmission before the time t for receiving Tenders. The Original Tender as amended would then be considered as the official offer.
4.Supplementary Information Required
斯科特杨Tenderers should be advid of any supplementary information to be submitted with the Tender documents, such as details of the propod sureties for any performance curity general terms of insurance (e Sub-Clau 25.1 of the Conditions of Contract) the constitution of the tenderer's organization together with the address to be ud for the purpo of the Contract, a preliminary programme of work (the Instruction to Tenderers should give an indication of what is required) and a
张添list of major items of Contractor's Equipment required for the purpo of executing the works.
A forecast of labour and staff, local and foreign, may be requested. Where a Tender sum has been requested on the basis that it is adjustable by reason of changes in the cost of labour, materials and transport, the tenderer should ,unless the particulars are given by the Employer in the Tender documents, be requested to indicate the formula or formulae which he wishes to u as the basis for adjusting the sum. If his formula is to be index bad, officially, published indices should be ud. The would normally be indices published in the country where the project is to be located. The tenderers should also provide the names of any subcontractors he propos to employ, together with details of tho part of the works propod to be subcontracted.
It must also be made clear in the Instruction to Tenderers to what extent the supplementary information is required by the Employer purely to demonstrate that the tenderer has understood the extent and the nature of the work and the program required and to what extent. If at all the supplementary information is required as a part of the offer for inclusion in the Contract documents on award.
5. Amendments to Tender Documents
It is possible that explanations, revisions, additions or deletions to the documents issued to tenderers may be necessary during the tendering period. Tenderers should be told how the will be dealt with, the normal method being by formal addenda. If a tenderer is in doubt about the meaing of some item in the Tender documents, he should be advid to notify the Engineer not later than a given number of days (e.g. 42days) before the Tender submission date. The Engineer will then issue to all tenderers an explanation in the form of addendum. Each addendum should be accompanied by a receipt form which must be returned so that the Employer and the Engineer have confirmation that each tenderer has receipted all the necessary information. Failure to acknowledge receipt of an addendum may result in rejection of a Tender. The addenda become part of the Tender documents and the numbers issued should be inrted by tenderers in the space provided in paragraph 1 of the form of Tender.
Tenderers would normally be require to submit their offers strictly in accordance with the requirement of the Tender documents. If tenderers are permitted to offer an alternative Tender, any departure from the document issued to tenderers should be clearly identified and detailed. The option to submit alternative Tenders may make the evaluation process difficult.
6.Currency Requirements and Exchange Rates
Tenderers should be required to give notice to the Employer of the various currencies in which they may wish to be paid if the Contract is awarded to them. This information should be supplied as soon as possible after invitations to tender have been issued and not less than a given number of days (e.g. 42 days) before the tender submission date.
The Employer may wish to specify in the instructions to Tenderers that payments will be made only in the
currencies of the countries from which the goods and rvices are to be acquired.
The Tender documents should include a schedule in which tenderers record the sums in the various approved currencies that together constitute their total Tender sum. This schedule becomes a part of the Contract when awarded.
It is common practice to require tenderers to submit their Tenders in a single currency, usually of the country in which the Works are to be executed. If this is the ca it is necessary to define the rates of exchange, which have been ud to convert the various currencies, in which payment is required, into a single currency unit. As more than one tenderer may request part payment in one particular currency, it is preferable that the exchange rates to be ud should be consistent and, therefore, that
they should be defined by the Employer and notified by him, or the Engineer on his behalf, to each tenderer a reasonable time before the date of submission. In accordance with Sub-Clau 72.2 of the Conditions of Contract, the rates shall be stated in Part II or, if not so stated, shall be tho prevailing, as determined by the Central Bank of the country in which the works are to be executed, on the date 28 days prior to the latest date for the submission of Tenders or as provided for in the Tender. The rates quoted are incorporated in the Contract when awarded.
In order to assist in forward budgeting it is uful to request tenderers to provide an estimate of the payments to be made by the Employer to the Contractor during the period of the Contract, preferably in quarterly periods.
The estimate of payments referred to above does not become a part of the Contract and should not be regarded as binding. The figures may have to be reviewed and adjusted as the work proceeds. Expenditure under Provisional Sums will affect the figures, and so also will changes in the source of supply of materials and modifications to the programme or variations of the Works.
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7.Site Visits
It is customary to expect tenderers to visit the site of the project during the tender period. Details sho
uld be given of the date and arrangements for visiting when staff of the Employer and the Engineer will be on site to answer questions and when any exploratory work carried out will be available for inspection, e.g. borehole cores laid out and exploratory audits lit. A summary of all questions and answers thereto should be issued to all tenderers. Tenderers should not be restricted in their site visits and details of who to contact for further visits should be given.
8.Tender Bond
If a tender bond is required, a pro forma version of such bond should be included in the Tender documents. The amount of the bond should be stated and the currency or currencies required. In all cas the surety, or sureties must be satisfactory to the Employer. If a tender bond has been requested, any Tender that has not been so cured will be rejected unless otherwi indicated.
Tenderers should be advid that the bond will be relead after a specified period, or earlier if one of the Tenders has, within the period, been accepted by the Employer and an acceptable performance curity has been submitted by the successful tenderer. It should also be made clear what will happen to the tender bond if the tenderer who has been accepted fails to provide a performance curity within a specified number, of days after being requested to do so. Usually the tender bond will be forfeited.
9.Bonus
If a bonus in relation to early completion is to be included in the Contract, tenderers should be reminded to state in the space provided in the Appendix to Tender what proportions of local and foreign currencies they wish to receive if they earn it.
10. Local Legislation'
If there are any local laws or decrees or any special arrangements which the Employer wishes the tenderers to note particularly, the should be listed in the Instructions to Tenderers. It should be made clear that the list is not comprehensive.
11.Examination of Tenders
Tenderers should be advid that the Employer or the Engineer on behalf of the Employer, may ask any tenderer for clarification of his Tender, but that no tenderer wiIl be permitted to alter his tender sum after Tenders have been opened, Clarifications that do not change the T ender sum may, if they are acceptable, be incorporated in the Contract.
It should be made clear that all Tenders must remain valid for a specified validity period and any exte
nsion thereto agreed to by the respective tenderer.
Tenderers should be advid if any factors other than the Tender sum, such as foreign currency proportions, are to be taken into account when evaluating Tenders.
12.Acceptance of Tender
The Employer will normally state that he does not bind himlf to award the Contract to the tenderer submitting the lowest lender or to any tenderer.
Evaluation of Tenders
Tenders for mi0or and international contracts arc generally opened in public when the names of the tenderers are announced together with the Tender sum. No other details are given at that time. Thereafter the Tenders are checked and studied by the Engineer on behalf of the Employer.
One of the first tasks of the Engineer is to establish whether the Tenders are arithmetically correct, and if they are not, how to overcome any errors. Another task is to check that the Tenders are responsive, that all the required information has been provided and that everything is consistent with the terms of the Tender documents.
If errors, omissions or inconsistencies are apparent a meeting should be held with the lowest tenderer and possibly with one or two other tenderers, to clarify the position and to agree how to deal with the points in the event of an award. At such meetings, tenderers should not be permitted change the substance of their Tenders. If it does not prove possible to clarify and agree how differences are to be resolved, the particular Tender should be treated, as unresponsive and further consideration should be given lo that Tender.
Award of Contract
When the Engineer has completed the evaluation of tenders, and has obtained any necessary clarifications, he will make a recommendation to the Employer on the award of the Contract. If the Employer agree with the Engineer’ s recommendation and is in a Position to award the Contract immediately he will issue a Letter of Acceptance to the successful tenderer.
On occasions certain steps may still be necessary before the Employer can award the Contract, e.g. Government approval or ratification of a loan agreement. In such a ca, the Employer may decide to issue to the potential Contractor a letter of intent. Such a letter should state the conditions that must be not before the award can be made. In most cas letters of intent are worded in such a way
as to create no commitment on the part of the Employer and the potential Contractor carries out any preliminary work or incurs costs at his own risk. Sometimes a letter of intent gives instructions to the potential Contractor to take some action, such as to order materials and Plant or to carry out limited work. In this ca, it is necessary for the letter of intent to be clear about how, and to what extent, the potential Contractor will be paid for what he does if, for any reason, the Contract is not ultimately entered into.
In most cas it is the Employ’s Letter of Acceptance which, together with the tenderer's Tender. will form a binding Contract between the two parties, valid from the date of issue of the Letter. If on account of errors, omissions or inconsistencies in the Tender, or for any other reason, any changes have been tentatively agreed at a meeting of clarification, the Employer's letter may constitute only a counter-offer and the Contract will only be binding on the date that the Contractor acknowledges and confirms, in writing, agreement to the terms of the Letter of Acceptance.
Contract Agreement
The Conditions of Contract Sub-Clau 9.1. make provision for the execution of a Contract Agreement between the parties which will record all the terms of the Contract between them. Howev
er, the execution of this document is not normally necessary to create a legal binding contract. Nevertheless, in some countries a Contract Agreement is a requirement of law to create a binding, Contract irrespective of the existence of a Tender and a Letter of Acceptance. In such cas, in particular, the Contract Agreement must be carefully prepared to comply the requirements of the relevant law.
An example form of Contract Agreement is included at the end of the first volume of the Red Book following Part 1 of the Conditions of Contract and may be ud in the event that the Employer wishes to execute a formal agreement. In such event, it is important to ensure that tile exact wording of the Contract Agreement, including the documents listed as forming part thereof, properly records what has been agreed.
The parties must ensure that the signature and method of signature are in accordance with all the applicable laws.
Note: The FIDIC publication Tendering Procedure' mentioned at the beginning of this chapter, gives fuller details of all stages of tendering and should be studied by all tho involved in such process.
