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STANDARD BIDDING DOCUMENTS

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1 STANDARD BIDDING DOCUMENTS
Procurement of Works STANDARD BIDDING DOCUMENTS Procurement of Works The World Bank Washington, D.C. May 2000

2 PROCUREMENT OF WORKS Volume I Section 1. Invitation for Bids
PROCUREMENT OF WORKS Volume I Section 1. Invitation for Bids Section 2. Instructions to Bidders Section 3. Bidding Data Section 4. Part I – General Conditions of Contract Section 5. Part II – Special Conditions of Contract Volume II Section 6. Technical Specifications Volume III Section 7. Form of Bid, Appendix to Bid, and Form of Bid Security Section Bill of Quantities Section 9. Form of Agreement, Forms of Performance Security, and Bank Guarantee for Advance Payment Volume IV Section 10. Drawings

3 工程项目采购招标文件结构 第2节 投标者须知 第3节 招标资料表 第4节 第一部分:通用合同条件 第5节 第二部分:专用合同条件
Procurement of Works 工程项目采购招标文件结构  第一卷 第1节 招标邀请书 第2节 投标者须知 第3节 招标资料表 第4节 第一部分:通用合同条件 第5节 第二部分:专用合同条件 第二卷 第6节 技术规范 第三卷 第7节 投标书格式、投标书附录与投标保证格式 第8节 工程量清单 第9节 合同协议书格式、履约保证格式 与动员预付款银行保函格式 第四卷 第10节 图纸 招标文件各部分之间的关系是什么? 施工类型招标文件、投标文件、合同文件之间的关系?

4 Form of Invitation for Bids
Procurement of Works Form of Invitation for Bids [letterhead paper of the Employer] To: [name of Contractor] [date] [address] Reference: [Insert IBRD Loan No. or IDA Credit No.] Contract Name, and Identification No. ________ / ________] Dear Sirs: We hereby inform you that you are prequalified for bidding for the above cited contract. A list of prequalified and conditionally prequalified Applicants is attached to this invitation. On the basis of information submitted in your application, you would [not] (insert if appropriate) appear eligible for application of the domestic bidder price preference in bid evaluation. Eligibility is subject to confirmation at bid evaluation. We now invite you and other prequalified Applicants to submit sealed bids for the execution and completion of the cited contract. You may obtain further information from, and inspect and acquire the bidding documents at, our offices at [mailing address, street address, and cable/telex/facsimile numbers]. A complete set of bidding documents may be purchased by you at the above office, on or after [time and date] and upon payment of a nonrefundable fee of [insert amount and currency]. All bids must be accompanied by a security in the form and amount specified in the bidding documents, and must be delivered to [address and exact location] at or before [time and date]. Bids will be opened immediately thereafter in the presence of bidders’ representatives who choose to attend. Please confirm receipt of this letter immediately in writing by cable, fax, or telex. If you do not intend to bid, we would appreciate being so notified also in writing at your earliest opportunity. Yours truly, Authorized signature Name and title Employer

5 INSTRUCTIONS TO BIDDERS
Procurement of Works INSTRUCTIONS TO BIDDERS GENERAL BIDDING DOCUMENTS PREPARATION OF BIDS SUBMISSION OF BIDS BID OPENING AND EVALUATION AWARD OF CONTRACT

6 4. Eligible Materials, Plant, Supplies, Equipment, and Services
Procurement of Works GENERAL 1. Scope of Bid 2. Source of Funds 3. Eligible Bidders 4. Eligible Materials, Plant, Supplies, Equipment, and Services 5. Qualification of the Bidder 6. One Bid per Bidder Cost of Bidding Site Visit

7 9. Content of Bidding Documents 10. Clarification of Bidding Documents
Procurement of Works B. BIDDING DOCUMENTS 9. Content of Bidding Documents 10. Clarification of Bidding Documents 11. Amendment of Bidding Documents

8 13. Documents Comprising the Bid Bid Prices
Procurement of Works C. PREPARATION OF BIDS 12. Language of Bid 13. Documents Comprising the Bid Bid Prices Currencies of Bid and Payment 16. Bid Validity 17. Bid Security 18. Alternative Proposals by Bidders Pre-Bid Meeting Format and Signing of Bid

9 Sealing and Marking of Bids Deadline for Submission of Bids
Procurement of Works D. SUBMISSION OF BIDS Sealing and Marking of Bids Deadline for Submission of Bids 23. Late Bids 24. Modification and Withdrawal of Bids

10 E. BID OPENING AND EVALUATION 25. Bid Opening
Procurement of Works E. BID OPENING AND EVALUATION 25. Bid Opening 26. Process to Be Confidential Clarification of Bids and Contacting the Employer Examination of Bids and Determination of Responsiveness 29. Correction of Errors 30. Conversion to Single Currency for Comparison of Bids 31. Evaluation and Comparison of Bids 32. Preference for Domestic Bidders

11 38. Disputes Review Method 39. Corrupt or Fraudulent Practices
Procurement of Works F. AWARD OF CONTRACT 33. Award Employer’s Right to Accept Any Bid and to Reject Any or All Bids 35. Notification of Award 36. Signing of Agreement 37. Performance Security 38. Disputes Review Method 39. Corrupt or Fraudulent Practices

12 招标资料表(Bidding Data)

13

14 Procurement of Works 通用合同条件是针对某一类项目所设计的,是对应类型项 目的公共合同平台;专用合同条件是根据项目的具体特点 和业主的不同要求,对通用合同条件的补充、修改和具体 化;投标书附录与通用合同条件是对应的,其中列出了合 同条件中关键的、根据项目特点可变的数据和信息。 将合同条件分为通用和专用两个部分可提高合同文件的标 准化程度,有利与项目相关各方对合同的理解,也便于合 同管理人员的使用,减少管理人员的合同学习时间。 并不是所有项目的合同条件都分为通用和专用两部分。当 业主同时管理多个类似项目时,或总承包商同时管理多个 分包商时,应考虑将合同条件分为通用和专用两部分。

15 Form of Bid/Letter of Bid
Procurement of Works Form of Bid/Letter of Bid Name of Contract:* To:* [insert name of Employer] Gentlemen: 1. In accordance with the Conditions of Contract, Specification, Drawings, and Bill of Quantities and Addenda Nos. [insert Addenda Nos.] for the execution of the above-named Works we, the undersigned, offer to construct and install such Works and remedy any defects therein in conformity with the Conditions of Contract, Specifications, Drawings, Bill of Quantities, and Addenda for the sum of [insert amounts in numbers and words] [as specified in the Appendix to Bid or such other sums as may be ascertained in accordance with the conditions]. 2. We acknowledge that the Appendix forms part of our Bid. 3. We undertake, if our Bid is accepted, to commence the Works as soon as is reasonably possible after the receipt of the Engineer’s notice to commence, and to complete the whole of the Works comprised in the Contract within the time stated in the Appendix to Bid. 4. We agree to abide by this Bid until the date specified in ITB Clause 16 [insert date], and it shall remain binding upon us and may be accepted at any time before that date. 5. Unless and until a formal Agreement is prepared and executed this Bid, together with your written acceptance thereof, shall constitute a binding Contract between us. 6. We understand that you are not bound to accept the lowest or any bid you may receive. 7. We certify/confirm that we comply with the eligibility requirements as per ITB Clause 3 of the bidding documents. Dated this day of 20 Signature in the capacity of duly authorized to sign bids for and on behalf of [in block capitals or typed] Address: Witness: Address: Occupation

16 Form of Bid Security (Bank Guarantee)
Procurement of Works Form of Bid Security (Bank Guarantee) WHEREAS, [name of Bidder] (hereinafter called “the Bidder”) has submitted his Bid dated [date] for the execution of [name of Contract] (hereinafter called “the Bid”). KNOW ALL PEOPLE by these presents that We [name of Bank] of [name of country] having our registered office at [address] (hereinafter called “the Bank”) are bound unto [name of Employer] (hereinafter called “the Employer”) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds himself, his successors, and assigns by these presents. SEALED with the Common Seal of the said Bank this day of THE CONDITIONS of this obligation are: (1) if the Bidder withdraws his Bid during the period of Bid validity specified in the Form of Bid; or (2) if the Bidder refuses to accept the correction of errors in his Bid; or (3) if the Bidder, having been notified of the acceptance of his Bid by the Employer during the period of Bid validity; (a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the Instruction to Bidders; we undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This Guarantee will remain in force up to and including the date 28 days after the date of expiration of the Bid Validity, as stated in the Instructions to Bidders, or as it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date. DATE SIGNATURE OF THE BANK WITNESS SEAL [signature, name, and address]

17 BILL OF QUANTITIES Objectives
Procurement of Works BILL OF QUANTITIES Objectives The objectives of the Bill of Quantities are (a) to provide sufficient information on the quantities of Works to be performed to enable bids to be prepared efficiently and accurately; and (b) when a contract has been entered into, to provide a priced Bill of Quantities for use in the periodic valuation of Works executed. In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient detail to distinguish between the different classes of Works, or between Works of the same nature carried out in different locations or in other circumstances which may give rise to different considerations of cost. Consistent with these requirements, the layout and content of the Bill of Quantities should be as simple and brief as possible.

18 (b) Work Items (grouped into parts); (c) Daywork Schedule; and
Procurement of Works BILL OF QUANTITIES Content The Bill of Quantities should be divided generally into the following sections: (a) Preamble; (b) Work Items (grouped into parts); (c) Daywork Schedule; and (d) Summary.

19 BILL OF QUANTITIES Bill No.1: General Items Item no. Description Unit
Procurement of Works BILL OF QUANTITIES Bill No.1: General Items Item no. Description Unit Quantity Rate Amount 101 Performance Guarantee sum item 102 Insurance of the Works 103 Allow for maintenance of Works for 12 months after completion month 12 203 —etc.— Total for Bill No.1 (Carried forward to Grand Summary, p )

20 BILL OF QUANTITIES Bill No.2: Earthworks Item no. Description Unit
Procurement of Works BILL OF QUANTITIES Bill No.2: Earthworks Item no. Description Unit Quantity Rate Amount 201 Excavate topsoil to maximum depth 25 cm and stockpile for reuse, maximum haul distance 1 km m3 95,000 202 Excavate topsoil to maximum depth 25–50 cm, and dispose 15,000 203 —etc.— Total for Bill No.2 (Carried forward to Grand Summary, p )

21 BILL OF QUANTITIES Grand Summary General Summary Page Amount
Procurement of Works BILL OF QUANTITIES Grand Summary General Summary Page Amount Bill No.1 General Items Bill No.2 Earthworks —etc.— Total for Daywork (Provisional Sum) Subtotal of Bills (A) Special Provisional Sum included in subtotal of bills (B) 5,400,000 Total of Bills Less Specified Provisional Sums (A-B) (C) Add Provisional Sum for Contingency Allowance (D) [sum] Bid Price (A+D) (Carried forward to Form of Bid) (E)

22 Form of Agreement Procurement of Works AGREEMENT
THIS AGREEMENT made the day of 20 between of (hereinafter called “the Employer”) of the one part and of (hereinafter called “the Contractor”) of the other part. WHEREAS the Employer is desirous that certain Works should be executed by the Contractor, viz., , and has accepted a Bid by the Contractor for the execution and completion of such Works and the remedying of any defects therein. NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to. The following documents shall be deemed to form and be read and construed as part of this Agreement, and the priority of the documents shall be as follows: (a) the Letter of Acceptance; (b) the said Bid and Appendix to Bid; (c) the Conditions of Contract (Part II); (d) the Conditions of Contract (Part I); (e) the Specifications; (f) the Drawings; (g )the Priced Bill of Quantities; and (h) other documents, as listed in the Appendix to Bid

23 Form of Agreement Procurement of Works
3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract. 4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties hereto have caused this Agreement to be executed the day and year first before written. The Common Seal of was hereunto affixed in the presence of: or Signed, sealed, and delivered by the said in the presence of: Binding Signature of Employer Binding Signature of Contractor

24 Performance Bank Guarantee (Unconditional)
Procurement of Works Performance Bank Guarantee (Unconditional) To: [name and address of Employer] WHEREAS [name and address of Contractor] (hereinafter called “the Contractor”) has undertaken, in pursuance of Contract No. ____ dated ____ to execute [name of Contract and brief description of Works] (hereinafter called “the Contract.”); AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of [amount of Guarantee], [amount in words], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of [amount of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents that may be made between you and the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification. This guarantee shall be valid until a date 28 days from the date of issue of the Taking-Over Certificate. SIGNATURE AND SEAL OF THE GUARANTOR Name of Bank: Address: Date:

25 Parent Company Guarantee Bid Security
Procurement of Works Parent Company Guarantee Bid Security Performance Bank Guarantee Performance Security Performance Bond Bank Guarantee for Advance Payment Retention Money Guarantee Payment Guarantee by Employer 各类保函(保证)的作用是什么 ?额度一般是多少? 审核保函的要点是什么?

26 Conditions of Contract for Construction
General Conditions of Contract

27 1 General Provisions 2 The Employer 3 The Engineer 4 The Contractor 5 Nominated Subcontractors 6 Staff and Labour 7 Plant, Materials and Workmanship

28 8 Commencement, Delays and Suspension
9 Tests on Completion 10 Employer’s Taking Over 11 Defects Liability 12 Measurement and Evaluation 13 Variations and Adjustments 14 Contract Price and Payment

29 15 Termination by Employer
16 Suspension and Termination by Contractor 17 Risk and Responsibility 18 Insurance 19 Force Majeure 20 Claims, Disputes and Arbitration

30 哪些条款中有明示的承包商可向业主索赔的条款?
如何分组理解上述20个合同条款 ? 2、3、4、5 条为一组; 8、9、10、11 条为一组; 15、16 条为一组; 17、18、19 条为一组。 关于质量管理的主要有哪些条款? 与费用有关的有哪些主要条款? 哪些条款中有明示的承包商可向业主索赔的条款? 在学习FIDIC合同条件时,还可以依据什么对条款进行分类?

31 合同条件的层次是什么 ? Contract Documents (Volume Section)
Conditions of Contract Clause Sub-Clause Items

32 1 一般性规定 2 业主 3 工程师 4 承包商 5 指定分包商 6 人员与劳工 7 工程设备,材料与工艺

33 8 开工,延误与暂停 9 竣工检验 10 业主的接收 11 缺陷责任 12 测量和估价 13 变更与调整 14 合同价格与支付

34 15 业主终止合同 16 承包商暂停与终止合同 17 风险与责任 18 保险 19 不可抗力 20 索赔,争端与仲裁


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