I. General Provisions
1. Content of the Procurement
1.1. The content of this procurement is detailed in Chapter 3 of the bidding documents.
2. Definitions
2.1. "Purchaser" means XXXXXXXXXXX (a unit).
2.2. "Bidder" means manufacturers and companies submitting bidding documents to the Purchaser.
2.3. "Purchasing Agent" means XXXXXXXXXX Co.
2.4. "Goods" means the XXXX equipment and other technical data listed in the invitation to tender.
2.5. "Service" means after-sales service and other similar obligations of the equipment provided by the bidder as stipulated in the bidding documents.
3. Source of Funds
3.1. The funds for the procurement of the goods and services have been secured by the Purchaser and the Purchaser plans to use the procurement funds for the eligible payments for the goods and services under the Contracts entered into as a result of this tender.
4. Eligible Bidders
4.1. Bidders must meet the requirements for Bidder Eligibility and Qualifications in the Invitation to Bid.
5. Bidding Costs
5.1. The Bidder shall bear all costs associated with the preparation of and participation in the Bid and neither the Purchaser nor the Purchasing Agent shall have any obligation or responsibility to bear such costs regardless of the outcome of the Bid.
II. TENDERING DOCUMENTS
6. Composition of Tender Documents
6.1. Tender Documents are used to set out the goods and services required, the procedures for solicitation of tenders and the terms of the contract. There are six chapters in the solicitation documents***. The details are as follows:
Chapter I. Invitation to Tender
Chapter II. Instructions to Tenderers and Preliminary Schedule
Chapter III. Requirements for Tendering
Chapter IV. Methods and Criteria for Marking
Chapter V. Form of Contract and Main Terms of the Contract
Chapter VI. Format of Tender Documents
Please double-check that the tender documents are complete, If there is any deficiency, please contact the purchasing agent immediately to solve the problem.
6.2. In addition to the contents of 6.1, the clarifications or modifications of the tender documents issued by the bidder in writing shall be an integral part of the tender documents and shall be binding on the bidder and the tenderers.
6.3. The Bidder is deemed to be fully familiar with the various circumstances of the location of the project for which this tender is issued in relation to the performance of the contract, including the natural environment, climatic conditions, labor force and utilities, etc., which are no longer described in this tender document.
6.4. The Bidder shall carefully read all the matters, formats, clauses, technical requirements, etc. in the Bidding Documents. Failure of the Bidder to submit all information as required in the Bidding Documents or failure of the Bidding Documents to respond substantially to the Bidding Documents in all respects is a risk to the Bidder and may result in the rejection of its Bid.
7. Clarification of the Tender Documents
7.1. The Bidder's request for clarification of the Tender Documents shall be notified to the Purchasing Agent in writing (including letter, facsimile, etc., hereinafter referred to as the same) not later than 15 (calendar) days before the deadline for submission of the Tender. The Purchasing Agent will respond to the request for clarification received before 15 days of the deadline for submission of bids by holding a Q&A session or in writing, as appropriate, and will send the written response to each bidder who has purchased the bidding documents, with no indication of the source of the question in the written response.
7.2. If the Purchasing Agent convenes a Q&A session, it will notify all Bidders who have purchased the solicitation documents and registered to attend the Q&A session.
8. Modification of the Tender Documents
8.1. At any time prior to the deadline for submission of tenders, the Purchaser and the Purchasing Agent may modify the Tender Documents, for whatever reason, either on their own initiative or in response to clarifying questions from Tenderers.
8.2. The modified documents will be made an integral part of the Bidding Documents and will be binding on all Bidders.
8.3. In order to allow sufficient time for the Bidders to revise the Bidding Documents in accordance with the modifications made to the Bidding Documents, the Purchasing Agent may, at its discretion, postpone the deadline for submission of Bids and the time for opening of Bids, and will notify all Bidders of such postponement in writing.
9. Notices
9.1. The Purchasing Agent will deliver notices relating to this project to all bidders who have registered in connection with the notices and purchased the bidding documents in writing or by e-mail or by publication of a notice in the media in which this notice of invitation to tender is published, with the e-mail address and facsimile number of the bidders being taken as the registration of the bidders. The bidders receiving the notice shall immediately respond to the confirmation in the same manner. The Purchasing Agent shall not be liable for any delay in delivery or non-delivery of the notice due to error in registration or failure of the e-mail server or fax line.
3. Preparation of Bidding Documents
10. Language and Measurement of Bidding Documents
10.1. Bidding Documents submitted by the Bidder, as well as all correspondence between the Bidder and the Purchaser and the Purchasing Agent regarding the Bidding, shall be written in Chinese. Supporting documents and printed literature submitted by the Bidder may be in another language, but the corresponding contents shall be accompanied by a Chinese translation, which shall prevail in case of discrepancies and contradictions.
10.2. Unless otherwise specified in the bidding documents, the units of measurement in the bidding documents and in all documents of the Bidders' correspondence with the Purchaser and the Purchasing Agent shall be in the legal units of measurement of the People's Republic of China*** and the State.
11. Composition of the Bidding Documents
11.1. The Bidder shall prepare the Bidding Documents in strict accordance with the relevant requirements in the Bidding Documents in a truthful manner and provide supporting materials. The Purchaser reserves the right to further request the Bidders to provide additional relevant materials, and refusal to provide additional materials or providing untrue materials will be regarded as an automatic waiver of the bidding qualification.
11.2. The bidding documents submitted by the bidders mainly include:
11.2.1 Bidding Letter and Price Bidding Section
1) Bidding Letter;
2) Bid Opening List;
3) Itemized Quotation List.
11.2.2 Commercial part
1) Bidder/manufacturer's profile;
2) Authorization letter of legal representative;
3) Relevant qualification and qualification documents;
4) Performance of similar projects (in the past three years) and supporting materials;
5) Commercial response, deviation statement form: all clear or agreeable to the bidder on commercial terms and conditions. All unclear or disagreeable points in the clauses must be included in the Commercial Deviation Table. If this table is blank, it means that the bidder fully accepts all the contents stated in the bidding document;
6) Others.
11.2.3 Technical Part
1) Technical force and equipment;
2) Technical proposal;
3) After-sales service plan;
4) Technical response, deviation table: the bidder shall explain the technical specifications of the goods tendered in Chapter 3 of the bidding documents, parameters and technical requirements of the goods tendered, and explain the goods supplied in the order of the technical specifications/demands of the bidding documents, one by one. The bidder shall state that the goods supplied have responded substantially to the technical specifications/requirements of the bidding documents and affirm the deviations and exceptions from the provisions of the technical specifications. In particular, for indicators with specific parameter requirements, the bidder must provide the specific parameter values of the equipment offered. Simply stating "conforms to", "meets" or simply reproducing the requirements of the bidding document may result in rejection of the bid.
5) Others.
11.2.4 Bidders are required to provide.
12. Tender Offer
12.1. All goods and services offered by the Tenderer shall be quoted in RMB.
12.2. The Bidder's tender quotation shall include the full cost of completing the Project. The Bidder is responsible for the accuracy of the quoted price and any omission, misstatement etc. shall be at the risk of the Bidder.
12.3. Only one quotation will be allowed for each type of goods and any quotation with alternatives will not be accepted.
12.4. The price quoted by the tenderer shall be fixed during the execution of the contract and shall not be varied for any reason.
12.5. The total price quoted shall include all the direct and indirect costs of standard configuration of the goods, accessories and spare parts (if any), transportation of the goods to the place of delivery, insurance, installation and commissioning, testing, acceptance, after-sales service, insurance, taxes, vehicle purchase tax, etc.
13.
13. Format and Signature of Bidding Documents
13.1. The Bidding Documents shall be prepared in accordance with the provisions and requirements of these Instructions for Bidding, and the Bidding Documents submitted by the Bidder must, without exception, be in the format of the Bidding Documents provided in the Bidding Documents (forms may be expanded in the same format).
13.2. The Bidding Documents shall be printed and filled in on A4 size paper, and the handwriting on the filled-in parts shall be neat and clear.
13.3. The bidder shall prepare one original and two copies of the bidding document (if the bidder participates in the bidding for more than two packages, each package shall prepare separate bidding document), and both the original and copies shall be bound into a book. Each bidding document shall be clearly labeled as "original" or "copy". If the original and the copy do not match, the original shall prevail. The copy of the tender document may be a photocopy of the original.
13.4. The Bidder shall fill in the full name of the Bidder, affix the Bidder's seal, and sign the full name of the legal representative or the legal representative's authorized agent at the appropriate place in the Bidding Documents in accordance with the requirements of the Bidding Documents.
13.5. The bidding document shall be signed by the legal representative of the bidder or the proxy of the legal representative if there is any alteration in the bidding document.
14. Bid Security
14.1. The Bidder shall submit the Bid Security at the time and in the amount specified in the Invitation to Bid and as part of its Bid.
14.2. The Bid Security shall be in any of the following forms: wire transfer, bank check, bank draft or cash.
14.3. The Bid Bond is intended to protect the Purchasing Agent and the Purchaser from loss due to the actions of the Bidder. The Purchasing Agent and the Purchaser may forfeit a Bidder's Bid Security in accordance with the provisions of Clause 14.6 of these Instructions in the event of loss suffered by the Bidder as a result of the Bidder's conduct.
14.4. Any Bid not submitted with Bid Security in accordance with Clause 14.1 and 14.2 of these Instructions will be rejected as non-responsive.
14.5. The Bid Security of the unsuccessful Bidder will be refunded to the Bidder in the original amount within five (5) working days of the Notice of Award. The Bid Security of the successful Bidder will be refunded in the original amount within five (5) working days of the signing of the Contract by the successful Bidder in accordance with Clause 30 of these Instructions.
14.6. The Bid Security shall be forfeited in the event of any of the following:
14.6.1 withdrawal of the Bid by the Bidder within the Bid validity period stipulated in the Bidding Documents;
14.6.2 failure to provide true and effective supporting materials in the Bidding Documents;
14.6.3 the Bidder's cheating of the winning Bid by any other falsehood;<
14.6.4 Failure of the successful bidder to sign a contract in accordance with the provisions of Article 30 of these Instructions;
14.6.5 Failure of the successful bidder to pay the winning service fee to the purchasing agent in accordance with the regulations;
14.6.6 Failure to comply with the bidding discipline unreasonably disrupting the order of bidding in government procurement.
15. Bid Validity Period
15.1. Bids shall remain valid for a period of ninety (90) days after the required bid deadline. Bids that do not meet the required bid validity period will be rejected as non-responsive.
4. Presentation of Bid Documents
16. Sealing and Marking of Bid Documents
16.1. For the convenience of the bids to be sung, the bidders shall submit the Bid Opening Schedule in a separate sealed envelope marked with the words "Bid Opening Schedule" when submitting the bid documents. For the convenience of inspection, the bidder shall submit a separate authorization letter for legal representative.
16.2. The Bidder shall seal the original Bidding Documents, all copies in separate envelopes and mark the envelopes with the words "Original" and "Copies". Then all the envelopes will be encapsulated in the outer envelope.
16.3. The outer envelope shall be marked with the words "[name of project] tender document", "[project number]", "not to be opened before [time of opening]", "[name and address of the bidder]".
16.4. The inner envelope shall be sealed, and the seal of the bidder may be affixed to its seal; the seal of the bidder (or the official seal) shall be affixed to the seal and the riding seam of the outer envelope.
16.5. The Purchaser and the Purchasing Agent shall not be liable for any misdelivery or premature opening of the Tender Documents if they are not sealed and marked as specified above. The Purchasing Agent will reject and return to the Bidder any Bidding Documents thus prematurely unsealed.
17. Bidding Deadline
17.1. The Bidder shall deliver the original and all copies of the Bidding Documents to the place of opening of the Bids not later than the Bidding Deadline specified in the Invitation to Bid.
17.2. If the Purchaser and the Purchasing Agent decide to extend the Tender Deadline, as appropriate, all rights and obligations of the Purchasing Agent, the Purchaser and the Bidders subject to the Tender Deadline shall be extended to the new Deadline.
18. Late Submission of Tender Documents
18.1. The Purchaser and the Purchasing Agent will reject and return in their original packaging Tender Documents received after the prescribed Tender Deadline.
19. Modification and Withdrawal of Bidding Documents
19.1. A Bidder may modify or withdraw its Bid after submitting the Bidding Documents, provided that the Purchaser and the Purchasing Agent receive a written notice of such modification or withdrawal prior to the prescribed Bidding Deadline.
19.2. The Bidder's notice of modification or withdrawal shall be signed or stamped with the Bidder's official seal by the Bidder's legal representative or the legal person's authorized agent, and shall be sealed, marked and sent in accordance with the provisions of Clause 16 of these Instructions.
19.3. A Bidder may not withdraw its Bid after the Bidding Deadline, failing which its Bid Security shall be forfeited in accordance with the provisions of Clause 14.6 of these Instructions.
19.4. A Bidder shall not make any modification in its Bid after the Bidding Deadline.
V. Opening, Evaluation and Finalization of Bids
20. Opening of Bids
20.1 The Purchasing Agent shall organize the public opening of bids at the date, time and place specified in the Invitation to Bid. Bidders are required to send authorized representatives to participate in the opening of the bidder's representative shall present a valid identity document and a legal person's authorization letter and sign the report to prove their presence. No valid identification documents or person does not match its bid will be rejected.
20.2. When opening the bids, the bidders or their elected representatives shall check the sealing of the bidding documents, the purchaser and the purchasing agent shall check the legal person's authorization letter of the bidders and the identity document of the entrusted person (the original), and after confirming that there is no mistake, the bids shall be unsealed and sung, and the contents of the "List of Bid Openings" shall be announced for each bidding document, as well as the content of each bidding document that the purchaser deems appropriate. The contents of the "Bid Opening List" in each bid document and other contents deemed appropriate by the purchaser shall be announced. Only the discounts and affirmations read out at the opening of the bids will be taken into account in the evaluation of the bids. No Bid shall be rejected at the opening of Bids except for the return of late Bids in their original packaging as provided for in Article 18 of these Instructions.
20.3. Unopened and unread Bid Documents will be returned to the Bidder unopened. Bidding documents after opening and singing of bids will not be returned.
20.4. The Purchasing Agent is responsible for the record of the opening of bids. The record of bid opening requires the signature of each bidder's representative for confirmation.
21. Composition of Bid Evaluation Committee and Methods of Bid Evaluation
21.1. The evaluation of bids shall be carried out by the Bid Evaluation Committee formed by the Purchasing Agent in accordance with the relevant regulations. The evaluation committee shall be composed of one representative of the purchaser and four members randomly selected from the expert pool of XXXXXXXXXX Government Procurement Office.
21.2. The Bid Evaluation Committee will conduct the bid evaluation in accordance with the bid evaluation methods determined in the bidding documents. The evaluation of the tender documents by the Tender Evaluation Committee is divided into preliminary examination and evaluation.
21.3. The bid evaluation will be conducted by comprehensive scoring method, with a score of 100 points, as described in Chapter IV, Bid Evaluation Methods and Scoring Criteria.
22. Preliminary Review of Bidding Documents
22.1. The Bid Evaluation Committee will review the bidding documents to see if they are complete, the general organization is in order, the documents are signed in a satisfactory manner, the bidders have submitted the bidding security, and there are no errors in calculations.
22.2. Arithmetic errors will be corrected as follows: if the value expressed in words is inconsistent with the value expressed in figures, the value expressed in words will prevail; other calculation errors will be the responsibility of the bidder. If the bidder does not accept the correction of his errors, his bid will be rejected.
22.3. Irregularities, inconsistencies or irregularities in the Bidding Documents which do not constitute substantial deviations may be accepted by the Bid Evaluation Committee provided that such acceptance does not prejudice or affect the relative ranking of any Bidder.
22.4. Before evaluating the bids in detail, the Bid Evaluation Committee examines whether each bid document is substantially responsive to the requirements of the bidding documents. Substantially responsive bids should be those that conform to the key terms, conditions and specifications required by the bidding documents without significant deviations. Deviations, reservations or objections to key provisions will be considered material. The Tender Evaluation Committee decides on the responsiveness of the tender only on the basis of the true and correct contents of the tender document itself and not on the basis of external evidence, except in the case of untrue and incorrect contents of the tender document.
23. CLARIFICATIONS OF BID DOCUMENTS
23.1. During the evaluation of bids, in order to assist in the examination, evaluation and comparison of the bidding documents, the bidders will be separately requested to make clarifications of their bidding documents, provided that no changes in the substance, such as the bidding price, shall be sought, offered or permitted. Both requests for clarification and responses shall be submitted in writing.
23.2. In case of any inconsistency between the prices quoted in the Bidding Documents and the contents of the publicly sung Bid Opening List, the publicly sung shall prevail.
23.3. The Bidder's explanation or response to questions of clarification shall be submitted in writing to the Agency and shall be signed by the Bidder's legal representative or authorized agent of the legal representative or stamped with the Bidder's official seal.
23.4. The Bidder's clarification document is an integral part of its Bidding Document.
24. Evaluation of Bidding Documents
24.1. The Bid Evaluation Committee will evaluate only those Bids determined to be substantially responsive to the requirements of the Bidding Documents in accordance with Chapter IV of these Bidding Documents.
24.2. The evaluation will be based on the bidding documents and all substantially responsive bids will be evaluated and scored in accordance with the methods and criteria for evaluating bids set forth in Chapter IV of these bidding documents in order to determine the ranking of the recommended successful bidder.
24.3. Basic conditions for winning the bid:
24.3.1 The bidding document fully responds to the substantive requirements in the bidding document;
24.3.2 Good ability to execute the contract and commitment to after-sales service;
24.3.3 The one who has the highest score of the comprehensive evaluation of bids.
25. Tender evaluation
25.1. The Tender Evaluation Committee shall, based on the evaluation results of each tender document, submit a written report on the evaluation of tenders and recommend to the purchaser the ranking of 2-3 qualified successful candidates in descending order of their scores in accordance with the provisions of the tender documents. The purchaser determines the successful bidder according to the recommended ranking in accordance with the law.
25.2. If the successful candidate abandons the bidding due to special reasons or fails to fulfill the contract due to force majeure, the successful candidate in the order of the evaluation ranking can be replaced as the successful bidder in turn.
26. Confidentiality and other precautions
26.1 The Tender Evaluation Committee and the personnel concerned shall not disclose to the bidders or other uninvolved persons from the beginning to the end of the Tender Evaluation Committee the information related to the examination, clarification, evaluation and comparison of the bids as well as the intention of awarding a contract.
26.2. During the evaluation of bids, any activity of a bidder that attempts to influence the bidder, the bidding agent and the bid evaluation committee to obtain information on the evaluation of bids will result in the rejection of its bid and will result in its legal responsibility.
26.3. The Bid Evaluation Committee will not explain to unsuccessful suppliers the reasons for not winning the bid and will not return the bidding documents.
VI. Award of Contract
27. Notification of Successful Bid
27.1. The Purchasing Agent publishes the "Notice of Successful Bid" on China XXXXXXXXXX Government Procurement Online. It shall also issue the Notice of Award in writing to the successful bidder, which shall have legal effect upon issuance.
27.2. The Purchasing Agent will notify other unsuccessful bidders within five working days after the issuance of the Notice of Successful Bid and refund their bidding deposit; the successful bidder will refund the bidding deposit within five working days after signing the contract.
27.3. The Notice of Successful Bid will be the basis for signing the contract.
28. Signing of Contract
28.1. Upon receipt of the Notice of Award, the Successful Bidder shall, within three (3) days, dispatch its representative authorized to sign the contract (such representative shall have a certificate of formal authorization from the Successful Bidder) in accordance with the designated location to conduct the commercial negotiation, and sign the contract within thirty (30) days.
28.2. The solicitation documents, the bidding documents of the successful bidder and its relevant clarifications, etc. shall be the basis for the conclusion of the contract.
28.3. The successful bidder shall submit a performance bond to the purchaser before signing the contract as stipulated in the bidding documents. If the successful bidder fails to submit the performance bond as stipulated, the Purchaser and the Purchasing Agent will disqualify its bid. In such case, the Purchaser and the Purchasing Agent may award the bid to the next successful candidate.
28.4. If the Bidder fails to sign the contract in accordance with the above provisions, the Purchaser and the Purchasing Agent will disqualify it from the bidding and confiscate its Bidding Deposit, and if the damage caused to the Purchaser is more than the Bidding Deposit, the Purchaser shall also compensate for the exceeding portion, and at the same time, shall bear the corresponding legal responsibility according to the law; the Bidder, once it has been awarded the bid, shall not privately subcontract the project after it has signed the contract through the business negotiation. Otherwise, it will be regarded as a breach of contract and automatically suspend the contract.
29. Agency Service Fee
29.1. The successful bidder shall pay the agency service fee to the purchasing agent in accordance with the provisions of the State Planning Commission's Price [2002] No. 1980 and the Development and Reform Office [2003] No. 857.
30. Provisions relating to performance bond
30.1. The successful bidder shall submit a performance bond to the purchaser in the amount stipulated in the foregoing schedule of the bidding documents to be deposited in its account as a condition precedent to the signing of the contract.
30.2. In case of default, the performance bond shall be forfeited and any damage caused to the Purchaser in excess of the amount of the performance bond shall be compensated in accordance with the provisions of the law.
Answers are for reference only and may not be exactly the same for specific items.