英文正文.docx

1、英文正文The Bidding Documents forICB Procurement of Mechanic & Electronic Products(Volume One)Department of Mechanic, Electronicand Hi-Tech IndustryMinistry of Commerce, P.R.C2008Table of ContentsVolume OneSection 1. Instructions to Bidders 7A. Introduction 71. Source of Funds 72. Tendering Agent and El

2、igible Bidders 73. Eligible Goods and Services 74. Cost of Bid 8B. The Bidding Documents 85. Compilation Principle and Content of Bidding Documents 86. Clarification of Bidding Documents 87. Amendment of Bidding Documents 9C. Preparation of Bids 98. Language of Bid 99. Documents Comprising the Bid 9

3、10. Compilation of Bid 911. Bid Prices 1012. Bid Currencies 1113. Documents Establishing Bidders Eligibility and Qualifications 1114. Documents Establishing Goods Eligibility and Conformity to Bidding Documents 1115. Bid Security 1216. Period of Validity of Bids 1317. Format and Signing of Bids 13D.

4、 Submission of Bids 1318. Sealing and Marking of Bids 1319. Deadline for Submission of Bids 1420. Late Bids 1421. Modification and Withdrawal of Bids 14E. Opening and Evaluation of Bids 1522. Opening of Bids 1523. Bid Evaluation Committee and Evaluation Method 1524. Preliminary Examination 1525. Con

5、version to Single Currency 1726. Evaluation and Comparison of Bids 1727. Determination of Final Evaluated Bid Prices 2028. Contacting the Tendering Agent and the Tenderee 20F. Award of Contract 2029. Check before Contract Award 2030. Award Criteria 2031. Registration on Website and Publication, Quer

6、y of Evaluation Result 2032. Right to Reject Any or All Bids 2133. Registration on website and Notification of Award 2134. Signing of Contract 2135. Performance Security 2136. Service Charge for Bidding 21Section 2. General Conditions of Contract 251. Definitions 252. Application 253. Country of Ori

7、gin 254. Standards 265. Use of Contract Documents and Information 266. Intellectual Property Rights 267. Performance Security 268. Inspections and Tests 279. Packing 2810. Marking for Shipment 2811. Terms of Shipment 2812. Shipping Advice 2913. Delivery and Documents 3114. Insurance 3115. Transporta

8、tion 3216. Incidental Services 3217. Spare Parts 3318. Warranty 3319. Claims 3320. Payment 3421. Prices 3422. Change Orders 3423. Contract Amendments 3524. Assignment 3525. Subcontracts 3526. Delays in Suppliers Performance 3527. Liquidated Damages 3528. Termination for Default 3629. Force Majeure 3

9、630. Termination for Insolvency 3631. Termination for Convenience 3732. Resolution of Disputes 3733. Governing Language 3734. Applicable Law 3735. Notices 3736. Taxes and Duties 3837. Effectiveness of the Contract and Miscellaneous 38Section 3. Contract Form 41Form -1 Form of Contract Agreement 41Fo

10、rm -2 Form for Performance Security 43Form -3 Bank Guarantee Form for Advance Payment 44Form -4 Specimen of Letter of Credit 45Section 4. Formats of Bids 51Form -1 Bid Form 51Form -2 Summary Sheet for Bid Opening 53Form -3 Bid Schedules of Prices 54Form -4 Brief Description of the Goods 56Form -5 Re

11、sponsiveness/Deviation Form for Technical Specifications 57Form -6 Responsiveness/Deviation Form for Commercial Terms 58Form -7 Form for Bid Security 59Form -8 Form for Power of Attorney 60Form -9 Qualification Documents 61Form-9-1 Statement Concerning Qualification 62Form-9-2 Manufacturers Qualific

12、ation Statement 63Form-9-3 Trading Companys or Agents Qualification Statement 66Form-9-4 Letter of Authority from Manufacturer 68Form-9-5 Certificate 69Volume Two (Bound Separately)Section 5. Invitation for BidsSection 6. Bid Data SheetSection 7. Special Conditions of ContractSection 8. Schedule of

13、Requirements and Technical SpecificationsSection 1Instructions to BiddersInstructions to BiddersA. Introduction1. Source of Funds1.1 The Tenderee named in the Volume II Section 6 Bid Data Sheet of the bidding documents has obtained a fund/loan. The Tenderee intends to apply a portion of the proceeds

14、 of this fund/loan to the payments under the contract for which this Invitation for Bids is issued.2. Tendering Agent and Eligible Bidders2.1 Tendering Agent The Tendering Agent for ICB Procurement of Mechanic and Electronic Products (hereinafter referred to as Tendering Agent) means the Legal Perso

15、n approved and authorized by the Ministry of Commerce to handle the procurement of mechanic and electronic products by way of International Competitive Bidding (ICB) in accordance with the Measures for Examining and Approving the Qualification of International Tendering Institutions for Electromecha

16、nical Products, Decree No.6, 2005 of the Ministry of Commerce of the Peoples Republic of China. Details such as name, address, telephone and facsimile of the Tendering Agent for this bidding are listed in the Bid Data Sheet.2.2 Eligible Bidders1) Bidders are legal persons or other organizations who

17、participate in bidding. This Invitation for Bids is open to all suppliers from within the Peoples Republic of China (hereinafter abb. as PRC) and all countries/areas which have regular trade relations with PRC (hereinafter called the eligible source countries/areas), except as provided hereinafter.

18、2) Bidders should not be associated, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Tenderee to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods to be purchased

19、under this Invitation for Bids.3) The Suppliers may participate in the bids only if they are legally and financially autonomous, if they operate under relevant law, and if they are not a dependent agency of the Tendering Agent and the Tenderee.3. Eligible Goods and Services3.1 All goods and related

20、services to be supplied under the contract shall have their origin in eligible source countries/areas, as defined in clause 2.2 above, and all expenditures made under the contract will be limited to such goods and services.3.2 For purposes of this clause, origin means the place where the goods are m

21、ined, grown or produced, or the place from which the related services are supplied. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially-recognized product results that is substantially different in basic characteristics or in pu

22、rpose or utility from its components.3.3 The origin of goods and services is distinct from the nationality of the Bidder.4. Cost of Bid4.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Tendering Agent and the Tenderee, named in the Bid Data Sheet,

23、 will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bid process.B. The Bidding Documents5. Compilation Principle and Content of Bidding Documents5.1 The bidding document is compiled based on “The Bidding Law of the Peoples Republic of China” and Ord

24、er No.13 2004 of the Ministry of Commerce “The Measures for the Implementation of International Competitive Bidding of Mechanical and Electrical Products.”5.2 The goods required, bidding procedures and contract terms are prescribed in the bidding documents. The bidding document is written either by

25、Chinese or by Chinese and English. In the case of Chinese and English, two languages have the same effectiveness. In the event of any discrepancies between them, the Chinese version shall govern.The content of the bidding documents will be separated into two volumes as follows:Volume One:Section I I

26、nstructions to BiddersSection II General Conditions of ContractSection III Contract FormSection IV Formats of BidsVolume Two:Section V Invitation for BidsSection VI Bid Data SheetSection VII Special Conditions of ContractSection VIII Schedule of Requirements and Technical Specifications5.3 The Bidde

27、r is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required by the bidding documents or to submit a bid not substantially responsive to the bidding documents in every respect will be at the Bidders risk and may resu

28、lt in the rejection of its bid.6. Clarification of Bidding Documents6.1 A prospective Bidder requiring any clarification of the bidding documents may notify the Tendering Agent and the Tenderee in writing. The Tendering Agent will respond in writing to any request for clarification of the bidding do

29、cuments which it receives no later than five (5) days prior to the deadline for the submission of bids prescribed in the Bid Data Sheet. Written copies of the Tendering Agents response (without identifying the source of inquiry) will be sent to all prospective bidders who have purchased the bidding

30、documents.6.2 If the Bidder regards any discrimination clause or unreasonable requirement in the bidding document, he shall submit once and for all in the stipulated time.7. Amendment of Bidding Documents7.1 Prior to the deadline for submission of bids, the Tendering Agent, for any reason, whether a

31、t its own initiative or in response to a clarification requested by a prospective Bidder, may modify the bidding documents by amendment.7.2 All prospective bidders who have purchased the bidding documents will be notified of the amendment in writing, and will be binding on them. The amendment is a p

32、art of the bidding document. Prospective Bidders shall promptly acknowledge the receipt thereof in writing to the Tendering Agent/the Tenderee.7.3 In order to afford prospective bidders reasonable time in which to take the amendment into account in preparing their bids, the Tendering Agent, at its discretion,