TenderingProcedure推荐文档

1、Tendering ProcedureThis document presents a systematic approach for tendering and awarding of contracts for international construction projects. It is intended to assist the employer / engineer to receive sound competitive tenders in accordance with the tender documents so that they can be quickly a

2、nd efficiently assessed. At the same time, an effort has been made to provide the opportunity and incentive to contractors to respond easily to invitations to tender for projects which they are qualified to implement. It is hoped that the adoption of this procedure will minimize tendering costs and

3、ensure that all tenderers receive a fair and equal opportunity to submit their offers on a reasonable and comparable basis.Introduction Establishment of Procurement Method and Form of Tendering.In the context of this document the word “project ' covers all the stages from the initial idea to con

4、struct a given physical asset to the final taking-over by the employer of the completed work.Project StrategyProjects may be organized and implemented inaccordance with different strategies. Which strategy is best suited for the purpose depends on, for example, the nature and complexity of the proje

5、ct, the access to finance, life cycle costs of the projects, the technical and administrative capability of the employer and the general political and economic environment.The project strategy defines the way in which the project will be implemented, determines the role of each party involved and, w

6、here appropriate,specifies the way the project will operate. To a large degreecontractualrelationship(合同 关系) between the parties and theirindividual rights, duties and risks are thereby also determined by the project strategy.At the implementation stage of a project, tendering serves as a method to

7、ensure that the work is procured at competitive terms.The choice of strategy is a major decision which has far-reaching consequences. Once a strategy has been settled it is of great importance that it be followed throughout the implementation of the project. Lack of strict adherence to the strategy

8、may lead to flaws in the procurement process, resulting in claims, disputes and extra cost for all concerned.Any part of a project which can be covered by a separate contract may in principle be made subject to tendering.As soon as the project strategy has been decided, the employer, assisted by his

9、 engineer, should establish procurement methods and forms of tendering to be used in the project.The procurement methods and forms of tendering are established by determining:(1) The parts of the project for which tenders are to be sought;(2) The conditions of contract to be adopted;(3) The award cr

10、iteria; and(4) The tendering procedure.Once these basic preconditions have been determined and agreed between the employer and his engineer, the planning of when and how the tendering can be carried out may commence.If, for unforeseen reasons, changes in principle and form have to be madeat a later

11、stage in the project the implications of such changes have to be considered and assessed carefully.Preparation of Programmes The tendering procedure, as described in this document, implies that certain activities have to be carried out in connection with each part of the project for which a separate

12、 tender is to be called.It is important that these activities are carried out in a systematic and timely manner. They should therefore be planned carefully and incorporated in the programme for the project.Normally, preliminary overall programme covering all major activities of the project is prepar

13、ed in the initial stage of the project. As a minimum (作为最低要求),such programme should comprise the mainphases of the project, that is:-Project definition-Tendering procedure-Design-Construction-Taking-overand should establish all milestones of significance in connection with each phase.Calling tenders

14、 for a given part of the project should be carried out in compliance with the overall programme.In order to ensure this compliance, detailed programmesshould be made for implementing the tendering procedure for each part of the project.As a minimum, these programmes should specify duration and deadl

15、ines for the following activities in connection with each potential contract.-Preparation of tender documents-Preparation of prequalification document-Prequalification of tenderers-Obtaining tenders-Opening of tenders-Evaluation of tenders-Award of contractTime should be allowed in each programme fo

16、r the employer to make necessary decisions and give required approvals.Further information about content and scope of each of these activities is given in the following section of this document.Prepration of Prequalification Documents General: Prequalificationis recommended to ensure that tenders ar

17、e sought only from contractors whom the employer / engineer has already established as having the requisite resources and experience to perform the intended work satisfactorily.Prequalification of TenderersThe aim of prequalification is toestablish a list of capable firms whilst ensuring that a prop

18、er level of competition is safeguarded.To achieve these objectives and to give added encouragement for contractors to respond to invitations to tender, no more than seven organizations should be prequalified unless the rules of the employer or financing institution otherwise dictate.Prequalification

19、 Document Prequalification documents should give information about the project, the tendering procedure and the prequalification procedure. They should also specify what data is required from contractors wishing to prequalify.The documents are prepared by the employer / engineer and will normally in

20、clude the following:-Letter of invitation to prequalify-Information about the prequalification procedure-Project information-Prequalification applicationThe documents should include inter alia the following:-Name and address of the employer-Name and address of the engineer-Location of the project-De

21、scription of the project and scope of workincluded in thecontract-Anticipated programme, indicating the tender period, contract award date,design/construction/ commissioning periods and any other key dates-Conditions of contract to be used-Criteria for evaluation of tenders-Criteria for prequalifica

22、tion-Details of any work intended to be undertaken by nominated subcontractor(s)-Anticipated sources of finance (including any requirement for contractor financing)-Payment arrangements envisaged (including currencies)-Any financial guarantees to be given by contractors-Whether price escalation arra

23、ngements will be included-Language and law of the contract-Any aspect of the intended work which is unusual and would thus have a bearing on the contractors obligations-Charges for purchase of tender documents,if applicableApplicants should also be advised of:-The policy of the employer concerning d

24、omestic preference-The attitude of the employer to joint ventures. It is recommended that Joint ventures should be allowed to prequalify but that the subsequent formation of Joint ventures from amongst prequalified organizations should be controlled as this reduces the breadth of competition. A preq

25、ualified organization should be allowed to strengthen its capability by the subsequent incorporation, during the tender period,of non-prequalified firm(s), subject to the approval of the employer.-The number of copies of prequalification applications to be submitted.-The name, address and latest dat

26、e for receipt of submissions, including any particular instructions for labeling.-The language to be used for the submissions-The currency to be used for presenting financial information.Invitation to PrequalifyThe employer/engineer should publisha notice of inviting interested contractors to apply

27、for prequalification documents, stating that tender documents will be issued only to a limited number of companies/joint ventures selected by the employer/engineer as having the necessary qualifications to perform the work satisfactorily.The notice should be published in appropriate newspapers and j

28、ournals to give sufficient publicity according to the particular circumstances of the project. The notice may also be issued to financing institution representatives, if relevant, and to government agencies responsible for foreign trade so that the international community receives timely notificatio

29、n of the proposed project and instructions on how to apply.The notice should be reasonably brief and where feasible contain:-Name of the employer.-Name of the engineer.-Location of the project.-Description of the project and scope of work.-Source of finance.-Anticipated programme (i.e. award of cont

30、ract, completion and any other key dates).-Planned dates for issue of tender documentsand submission oftenders.-Instructions for applying for prequalification documents.-Date by which applications to prequalify must be submitted.-Minimum qualification requirements and any particular aspects which co

31、uld be of concern to prospective tenderers.Issue and Submission of Prequalification Documents On receipt of requests from contractors, the employer/engineer should issue the prequalification document.The letter of invitation to prequalify should state how the application is to be packaged and sent.T

32、he employer/engineer should acknowledge receipt of the completed prequalification applications from the contractors.Analysis of Prequalification ApplicationsThe employer/engineershould evaluate the prequalification applications to identify those companies/joint ventures whomthey consider to be suita

33、bly qualified and experienced to undertake the project.The evaluations should determine, for each companyor joint venture:-Structure and organization.-Experience in both the type of work and the country or region in which it is to be undertaken.-Available resources, in terms of management capability

34、, technicalstaff, construction and fabrication facilities, maintenance and training facilities, or other relevant factors.-Quality assurance procedures and environmental policy.-Extent to which any work would be likely to be subcontracted.-Financial stability and resources necessary to execute the p

35、roject.-General suitability, taking into account any potentiallanguagedifficulties.-Litigation or arbitration history.Selection of Tenderers If the resulting list, after those firms who were found unsuitable have been excluded, exceeds six potential tenderers and there are no special regulations or

36、conditions imposed on the employer, the selection procedure should be continued to eliminate the less well-qualified in order to arrive at no more than six.Notification of ApplicantsWhen the list of the selectedtenderers has been prepared, successful applicants should be notified and requested to co

37、nfirm their intention to submit a tender. This should ensure, as far as possible, an adequate number of competitive tenders.If a potential tenderer wishes to drop out at this stage, the next best-placed should be invited and asked to confirm as above. Following this, all applicants should be notifie

38、d of the list of selected tenderers without giving explanation for the decisions.招投标本文介绍了国际间的建筑工程的招投标和签订合同的系统方法.它用以帮助雇主/工程师收到合理的、与招标文件一致的公开投标,从而对它们进行快速和 有效地评估.同时,努力地给予承包商时机和鼓励,使他们顺利地接受邀请而对 他们有资格履行的工程进行投标.希望采用这种方法将使招投标的费用最小,并 保证所有的投标者在合理和同等的根底上能获得公正与公平的时机来提交他们 的建议.介绍 建立获取投标的方法和形式.在本篇的上下文中,“工程 一词包括了从最

39、初建造一个特定的有形资产的构思到最后雇主接收已完工程的全部阶段.工程策略工程可以根据不同的策略进行组织和实施.何种策略最适合于项目的目标,依赖于如工程的性质和复杂性、融资渠道、工程的生命周期费用、雇主的技术和治理水平以及总的政治与经济环境.工程策略规定了工程实施的途径,确定了有关各方的任务,并在适当处指定 了工程运作的方法.因此,在很大程度上双方的合同关系以及各自的权利、 义务 和风险也由工程的策略来确定.在工程的执行阶段,投标作为一种保证在竞争的条件下获得该项工作的方法.策略的选择是具有深远意义的较重要的决定.一旦定下策略,它即具有非常 重要的意义,应在整个工程的执行过程中被遵循.没有严格遵

40、守该策略可能导致 获取过程中的缺陷,导致索赔、争端以及所有有关的额外费用.一份单独合同所包含的工程中的任何一局部通常都可以根据投标进行.一旦确定工程策略,雇主应该在工程师的帮助下建立用于该工程的获取投标 的方法和形式.通过确定以下内容来建立获取投标的方法和形式：(1)试图获得投标的工程局部；(2)采用的合同条件；(3)授予合同的标准；(4)投标过程.一旦这些根本的前提被确定并在雇主和工程师之间协商一致,那么何时和如何进行投标的方案便可开始.由于无法预料的原因,如果在工程的后期不得不发生原那么和形式上的变化, 那么必须小心考虑并估计这些变化的含意.方案的准备 正如本文所描述的,投标过程意味着某些

41、活动必须连同工程的 各个局部一起进行,而该工程是进行单独招标的.这些活动应该系统和适时地进行, 这点很重要.因此,它们应该被仔细地计 划,且并入工程的方案中.通常在工程的初期准备好初步的、 包括工程所有主要活动的总体方案. 作为 最低要求,该方案应包含工程的主要阶段,即：一工程定义一投标过程一设计一施工一接管并且应该设立与各个阶段有关的所有的重要的里程碑.对特定工程局部的招标应该根据总体方案进行.为了保证一致性,应该对履行工程各个局部的投标过程作详细的方案.作为 最低要求,这些方案应该规定以下与各个潜在合同有关的活动的持续时间和最终 期限.准备投标文件一准备预审文件一投标人的预审一获得投标一开

42、标一评标一签定合同在每一项方案中应该留给雇主一定的时间, 以使他作出必要的决定,并给出 所需的批准.关于每一项活动的内容和范围的进一步信息,在本文后面的章节中给出.预审文件的准备一般：预审被建议用来保证投标只从那些雇主 /工程师已 经确定的、具有必要的资源和经验从而能圆满地完成预期工作的承包商中去寻 找.投标人的资格预审 预审的目的是为了确定有可能的公司名单,同时保证维 护适当的竞争水平.为了到达这些目的,并给予承包商更多的鼓励,使他们响应 招标,预审应该不超过七个组织,除非雇主或贷款机构的规那么另有规定.预审文件 预审文件应该提供关于工程、投标过程和预审过程的信息.它们 也应该规定来自承包商的