机电产品采购国际竞争性招标文件(英文版)

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1、The Bidding Documents For ICB Procurement of Mechanic& Electronic Products(Volume One)The Bidding Documents ForICB Procurement of Mechanic & Electronic Products(Volume One)Mechanic & Electronic ProductsImport & Export DepartmentMinistry of Foreign Trade & Economic Cooperation P.R.C2002Total Table of

2、 ContentsVolume OneSection l. Instructions to BiddersSection 2. Terms and Conditions of ContractSection 3. Contract FormSection 4. AttachmentsVolume TwoSection 5. Invitation for BidsSection 6. Bid Data SheetSection 7. Contract Data SheetSection 8. Schedule of Requirements and Technical Specif1cation

3、sTable of ContentsSection 1. Instructions To Bidders 6A. lntroduction 71. Source of Funds 72. Tendering Agent for ICB Procurement of Mechanic and Electronic Productsand Eligible Bidders 73. Eligible Goods and Services 74. Cost of Bid 8B. The Bidding Documents 85. Content of Bidding Documents 86. Cla

4、rification of Bidding Documents 97. Amendment of Bidding Documents 9C. Preparation of Bids 98. Language of Bid 99. Documents Comprising the Bid 910. Bid Form 1011. Bid Prices 1012. Bid Currencies 1113. Documents Establishing Bidders Eligibility and Q11aliacations 1114. Documents Establishing Goods E

5、ligibility and Conformity to Bidding Documents 1215. Bid Security 1316. Period of Validity of Bids 13l7. Format and Signing of Bids 14D. Submission of Bids 1418. Sealing and Marking of Bids 1419. Deadline for Submission of Bids 1520. Late Bids 1521. Modif1cation and Withdrawal of Bids 15E. Opening a

6、nd Evaluation of Bids 1522. Opening of Bids 1623. Clarification of Bids 1624. Preliminary Examination 1625. Conversion to Single Currency 1726. Evaluation and Comparison of Bids 1727. Determination of Final Evaluated Bid Prices 2128. Contacting the Tendering Agent and the Tenderer 21F. Award of Cont

7、ract 2129. Post qualification 2130. Award Criteria 2131. Right to Vary Quantities at Time of Award 2232. Publication of Evaluation Result 2233. Right to Accept Any Bid and to Reject Any or All Bids 2234. Notification of Award 2235. Signing of Contract 2236. Performance Security 23Section 2. Terms an

8、d Conditions of Contract 241. Definitions 252. Application 253. Country of Origin 254. Standards 265. Use of Contract Documents and Information 266. Patent Rights 267. Performance Security 268. Inspections and Tests 279. Packing 2810. Marking for Shipment 2811. Terms of Shipment 2912. Shipping Advic

9、e 3013. Delivery and Documents 3114. Insurance 3215. Transportation 3216. Incidental Services 3217. Spare Parts 3218. Warranty 3319. Claims 3320. Payment 3421. Prices 3522. Change Orders 3523. Contract Amendments 3624. Assignment 3625. Subcontracts 3626. Delays in Suppliers Performance 3627. Liquida

10、ted Damages 3628. Termination for Default 3729. Force Majeure 3730. Termination for Insolvency 3831. Termination for Convenience 3832. Resolution of Disputes 3833. Governing Language 3934. Applicable Law 3935. Notices 3936. Taxes and Duties 3937. Effectiveness of the Contract and Miscellaneous 40Sec

11、tion 3. Contract Form 41Section 4. Attachments 441. Bid Form 452. Summary Sheet for Bid Opening 473. Bid Schedule of Prices 484. Brief Description of the Goods 505. Deviation Form for Technical Specifications 516. Deviation Form for Commercial Terms 527. Form for Bid Security 538. Form for Power of

12、Attorney 549. Qualification Documents 55Fom9-1 Statement Concerning Qualification 56Fom9-2 Manufacturers Quaiif1cation Statement 57Form9-3 Trading Companys or Agents Qualification Statement 60Fom9-4 Letter of Authority from Manufacturer 62Fom9-5 certificate 6310. Form for Performance seCllr1ty 6411.

13、 Bank Guarantee Form for Advance Payment 6512. Specimen of Letter of Credit 66Section 1Instructions To BiddersInstructions to BiddersA. Introduction1. Source of Funds1.1 The Tenderer named in the Bid Data Sheet has received a loan/fund as identified in the Bid DataSheet. The Tenderer intends to appl

14、y a portion of the proceeds of this loan/fund to the paymentsunder the contract for which this Invitation for Bids is issued.2.Tendering Agent for ICB Procurement of Mechanic and Electronic Products and Eligible Bidders2.1 The Tendering Agent for ICB Procurement of Mechanic and Electronic Products(h

15、ereinafter called“Tender1ng Agent”) in this ITB means the qualified Legal Person approved and authorised by the Ministry of Foreign Trade and Economic Cooperation to handle the procurement of mechanic and electronic products by way of International Competitive Bidding (ICB) on behalf of the Tenderer

16、.2.2 Eligible Bidders1) This Invitation for Bids is open to all suppliers from within the Peoples Republic of China (hereinafter abb. as “PRC”) and al1countries/areas which have regular trade relations with PRC (hereinafter called “the eligible source countries”), except as provided hereinafter.2) B

17、idders should not be associated, directly or indirectly, with a firm or any of its affi1iates which have ken engaged by the Tenderer to provide consulting services for the preparation of the design, specif1cations, and other documents to be used for the procurement of the goods to be purchased under

18、 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 Tenderer.3. Eligible Goods and Services3.1 All goods and related servic

19、es to be supplied under the contract shall have their origin in eligiblesource counties, as denned in clause 2.2 above, and all expenditures made under the contract willbe limited to such goods and services.3.2 For purposes of this clause,“origin” means the place where the goods are mined, grown or

20、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 recognised product results that is substantially different in basic characteristics or in purpose or utilit

21、y 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 Tenderer, named in the Bid Data Sheet, will in no cas

22、e be responsible or liable for those costs, regardless of the conduct or outcome of the bid process.B. The Bidding Documents5. Content of Bidding Documents5.1 The goods required, bidding procedures and contract terms are prescribed in the bidding documents.The content of the bidding documents will b

23、e separated into two volumes as follows:Volume One:Section I Instructions to BiddersSection Terms and Conditions of ContractSection III Contract FormSection IV AttachmentsVolume Two:Section V Invitation for BidsSection VI Bid Data SheetSection VII Contract Data SheetSection VIII Schedule of Requirem

24、ents and Technical Specifications5.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish a11 information required by the bidding documents or to submit a bid not substantially responsive to the bidding documents in every re

25、spect will be at the Bidders risk and may result in the rejection of its bid.6. Cladf1cation of Bidding Documents6.1 A prospective Bidder requiring any clarification of the bidding documents may notify the Tendering Agent and the Tenderer in writing. The Tendering Agent will respond in writing to an

26、y request for clarification of the bidding documents which it receives no later than fifteen (15) days prior to the deadline for the submission of bids prescribed in the Bid Data Sheet. Written copies of the Tender1ng Agents response (without identifying the source of inquiry) will be sent to all pr

27、ospective bidders who have purchased the bidding documents.7. Amendment of Bidding Documents7.1 At any time prior to the deadline for submission of bids, the Tendering Agent, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder,may modify

28、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. Prospective Bidders shall promptly acknow1edge the receipt thereof by cable or fax to the Tendering Agent.7.3 In order to

29、 afford prospective bidden reasonable time in which to take the amendment into account in preparing their bids, the Tendering Agent, at its discretion, may extend the deadline for the submission of bids.C. Preparation of Bids8. Language of Bid8.1 The bid prepared by the Bidder, as well as all corres

30、pondence and documents relating to the bidexchanged by the Bidder and the Tender1ng Agent/the Tenderer, shall be written in the language specified in the Bid Data Sheet. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an

31、 accurate translation of the relevant passages in the language specified in the Bid Data Sheet, in which case, for purposes of interpretation of the Bid, the translation shall govern.9. Documents Comprising the Bid9.1 The bid prepared by the Bidder shall comprise the following components:1) A Bid Fo

32、rm, Bid Schedule of Prices and a Summary Sheet for Bid Opening which shall be submitted in a separate envelope completed in accordance with ITB Clauses 10,1l and 12;2) Documentary evidence established in accordance with ITB Clause 13 that the Bidder is eligible to bid and is qualified to perform the

33、 contract if its bid is accepted;3) Documentary evidence established in accordance with ITB Clause 14 that the goods and ancillary services to be supplied by the Bidder are eligib1e goods and services and conform to the bidding documents;4) Bid security furnished in accordance with ITB Clause 15.10.

34、 Bid Form10.l The Bidder shall complete the Bid Form, Summary Sheet for Bid Opening and Price Schedule furnished in the bidding documents.11. Bid Prices11.1 The Bidder shall indicate on the appropriate Bid Schedule of Prices the unit prices (where applicable) and total bid price of the goods it prop

35、oses to supply under the contract.11.2 Prices indicated on the Bid Schedule of Prices shall be entered separately in the following manner:11.2.1 For goods offered from within PRC:1) The price of the goods quoted EXW (ex-works, ex-factory, ex-warehouse, ex-showroom, or off-the-shelf, as applicable),

36、including Value Added Taxes (VAT) and other taxes already paid or payable to the government of PRC, as well as all customs duties, VAT and other taxes paid or payable:a) on the components and raw material used in the manufacture or assembly or goods of foreign origin quoted ex-works or ex-factory; o

37、rb) on the previously imported goods of foreign origin quoted ex-warehouse, ex-showroom, or off-the-shelf.2) The price for inland transportation, insurance, and other local costs incidental to delivery of the goods to their final destination, if specified in the Bid Data Sheet.3) The price of other

38、(incidental) services, if any, listed in the Bid Data Sheet.11.2.2 For goods offered from abroad:1) The price of the goods shall be quoted CIF named port of destination, or CIP named place of destination in PRC, as specified in the Bid Data Sheet. In quoting the price, the Bidder shall use transport

39、ation through carriers registered in PRC or other carriers registered in my eligible countries with the Tenderers prior approval. Similarly, the Bidder may obtain insurance services from PRC or any eligible source country upon the prior approval of the Tenderer.2) The price of goods quoted FOB port

40、of shipment (or FCA, as the case may be), if specified in the Bid Data Sheet.3) The price of goods quoted CFR port of destination (or CPT, as the case may be), if specified in the Bid Data Sheet.4) The price for inland transportation, insurance, and other local costs incidental to delivery of the go

41、ods from the port of entry to their final destination, if specified in the Bid Data Sheet.5) The price of (incidental) services, If any, listed in the Bid Data Sheet.11.3 The terms EXW, CIF, CIP, etc., shall be governed by the rules prescribed in the current edition of Incoterms published by the Int

42、ernational Chamber of Commerce, Paris.11.4 The Bidders separation of price components in accordance with ITB Clause 11.2 above will be solely for the purpose of facilitating the comparison of bids by the Tendering Agent and the Tenderer and will not in my way limit the Tenderers right to contract on

43、 any of the terms offered.11.5 Prices quoted by the Bidder shall be fixed during the Bidders performance of the contract and not subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and will be rejected, pursuant to ITB Clause 24.1

44、2. Bid Currenciesl2.1 The prices shall be quoted in RMB for goods and services that the Bidder will supply from within PRC, unless specified or permitted otherwise;12.2 The prices shall be quoted in any of the currencies defined in the Bid Data Sheet for goods and services that the Bidder will suppl

45、y from outside PRC.13. Documents Establishing Bidders Eligibility and Qualifications13.1 The Bidder shall furnish, as pad of its bid, documents estab1ishing the Bidders eligibility to bid and its qualifications to perform contract if its bid is accepted. If the Bidder is a Joint Venture, each member

46、 of the Joint Venture shall submit the Qualification Documents respectively together with the Joint Venture Agreement while indicating the leading member of the Joint Venture.13.2 The documentary evidence of the Bidders eligibility to bid shall establish to the Tendering Agent and the Tenderers sati

47、sfaction that the Bidder, at the time of submission of its bid, is from an eligible country as defined under ITB Clause 2.13.3 The documentary evidence of the Bidders qualifications to perform the contract if its bid is accepted shall establish to the Tendering Agent and the Tendeers satisfaction:1) that, in the case of a Bidder offering to supply goods under the contract which the Bidder does not manufacture or otherwise produce, the Bidder has been duly authorised b