标书(英文版)样本及常用词汇

标书中英文样本及常用词汇

1. Tender

1.1 Among the tender documents, tenderers shall fill out completely the Business Tender, Technical Tender, Tender List and Tender Quotation. The Quotation (all items in the Quotation shall be filled out except for the prices) and three copies (one Original and two Duplicates) of the Instructions to Quotations as well as the letter of guarantee from the bank of tenderers must be sealed separately, and be submitted together with the tender documents.

1.2 The Attachment 6 to be submitted after the tender documents have been clarified the Original and Duplicate copies of the Quotation must be sealed separately in different envelops, on which the item names, tender codes, tenderer addresses, words of ‘Original’, ‘Duplicate’ and ‘Item Price’ and ‘Confidential’ must be written. An e-version of the Quotation (in WORD format) that is separately sealed must be furnished at the same time.

2. Tender Offers

2.1 On the tender offer summary sheet and the item tender offer sheets, tenderers shall indicate clearly the unit price (if applicable) and the total price of the goods planned to be provided according to the Contract.

2.2 Prices on the item tender offer sheet shall be filled out in the following manner:

2.2.1 Goods provided from the People’s Re public of China:

1) Price of delivering goods to the site, inclusive of the EXW (inclusive of VAT), transportation cost from factory to site, insurance premium, costs generated because of the delivery of goods, as well as other incidental expenses.

2) Cost for technical services and trainings

This item includes:

A) Cost for technical service provided by the Seller’s personnel:

Expenses for on-site installation instruction, debugging, and inspection

B) Expenses for training the personnel of the Buyer

3) In the tender price sheet, tenderers shall include the unit prices of the attached parts and components, special tools and instrumentations that are listed in the Technical Specifications. The price of these goods shall be included into the tender sum, and shall be deliberated at the tender evaluation.

4) Tenderers shall list separately parts and components that satisfy the recommended three years’ normal operation, and quote their prices. The owner has the option to purchase these goods, and their expenses will be referred to at the tender evaluation.

2.2.2 Goods provided outside the People’s Republic of China:

1) Shanghai CIF berth terms (the price is inclusive of the packaging cost of equipments and documents, as well as unloading expenses in the destination). When offering, tenders may obtain insurance services from an eligible country of origin that is to the satisfaction of the People’s Republic of China or the Buyer.

2) Expenses for technical services and trainings

This item includes:

A) Expenses for technical services provided by the Seller: costs for on-site project installation instruction, debugging, and testing

B) Training expenses for the Buyer

The above A) and B) clauses refer to the expenses of the Seller itself and do not include the cost for Buye r’s personnel for traveling abroad.

Tenderers shall list and offer separately after the item tender offer sheet the cost per person per day for Buyer’s personnel to attend designing communication meetings and factory inspection outside China and to receive trainings from Seller outside China. Expenses of the above three items will serve as references for Buyer when the Contract is signed, but will not be included into the tender sum. It is to make it convenient for Buyer to compare and choose from the combinations of the final contract price. It does not restrict the rights of Buyer to choose one quotation or the combination of several quotations to sign the Contract.

3) In the tender price sheet, tenderers shall list the unit price of the required parts, components, special tools and instrumentations that are listed in the Technical Specifications. The prices of these goods shall be included in the tender sum for tender evaluation.

4) Tenderers shall list and quote separately parts and components that satisf y the three years’ recommended normal operation. The owner has the option to purchase these goods, the price of which will serve as reference for Tenderee at tender evaluation.

2.3 Ex works (EXW), CIF, ‘carriage and insurance paid to’ (CIP) and other techn ical terms shall be construed according to the 2000 Paris version of International Chamber of Commerce Terms (Incoterms 2000).

2.4 According to Clause 2.2 of the Notice, tenderers shall divide the tender price into several parts, the sole objective of whic h is to make it convenient for Tenderee and Buyer to compare the tender documents, but will not restrict Buyer’s rights to conclude the Contract according to any of the above terms.

2.5 A tender price offered by a tenderer shall remain unchanged during the performance of the Contract, but shall not be modified because of any reasons. According to Clause 2.4 of the Notice, tender documents containing any adjustable prices will be rejected as non-responsive tenders.

3. Tender Currency

Goods and services to be provided by tenderers shall be quoted in the currency of US dollar.

4. Tender bond

4.1 Tenderers shall submit a tender bond that is no less than 2% of the total sum of the tender offer. It shall be part of the tender.

4.2 Tender bond is designed to protect Tenderee and Buyer from losses because of any actions of tenderers. In case Tenderee and Buyer suffers any losses because of any actions of tenderers, the tender bond will be confiscated according to Clause 1

5.7 of the Notice.

4.3 The tender bond shall be in the tender currency and shall be in the following form:

A bank that enjoys good reputation in or outside the People’s Republic of China issues a letter of guarantee and an irrevocable stand-by letter of credit in the form provided by the tender invitation documents or in a form that is acceptable to Tenderee, the valid period being thirty (30) days more than the valid period of the tender;

4.4 Tenders to which a tender bond is not attached according to Clause 1

5.1 and 15.3 of the Notice shall be rejected as non-responsive tenders according to Clause 24 of the Notice.

4.5 Tender bonds of tenderers who fail in the tender will be returned to tenders in full amount as soon as possible and no later than thirty (30) days after the expiration of the valid period of the tender as provided in Clause 16 of the Notice.

4.6 The tender bond of the successful tenderer will be returned after the tenderer signs the Contract according to Clause 34 of the Notice and submits the performance bond according to Clause 35 of the Notice.

4.7 Tender bond will be confiscated in case:

1) Tenderers withdraw their tenders within the valid period of the tender as provided in the tender invitation documents; or

2) The successful tenderer fails to sign the Contract within the prescribed period according to Clause 34 of the Notice; or

3) The successful tenderer fails to submit the performance bond within the prescribed period according to Clause 35 of the Notice.

5. Valid period of tender

5.1 According to Clause 19 of the Notice, a tender remains valid within the 180 days after the prescribed tender opening date. Tenders with an ineligible valid period shall be rejected as non-responsive tenders.

6．Termination of Contract for Buyer’s Convenience

6.1 Buyer may send a written notice to Seller at any time for its own convenience to terminate all or part of the Contract. The termination notice shall indicate clearly that it is for Buyer’s convenience t hat the Contract is terminated, the scale to which the Contract is terminated, as well as the effective date of the termination.

6.2 Buyer shall receive according to the original contract price and terms goods that Seller has completed and prepared for shipping within thirty (30) days after it receives the termination notice. For the rest of goods, Buyer may:

1) Accept only part of goods according to the original contract price and terms; or

2) Cancel the purchase to the remained goods, and pay Seller the amount agreed by both parties for part of the goods and services completed as well as materials and parts Seller has purchased.

7．Dispute Settlement

7.1 Both parties shall aim to settle any disputes concerning the Contract or the execution of the Contract through consultation. In case any dispute cannot be settled within 60 days after the consultation begins, it shall be brought to arbitration.

7.2 Arbitration shall be held in Beijing or some other place within China by China International Economic and Trade Arbitration Committee (CIETAC) according to its arbitration rules and procedures. Except where both sides otherwise agree, the official language for arbitration shall be English.

7.3 The arbitration award shall be final and has legal binding forces to both sides.

7.4 The cost for arbitration shall be borne by the losing party if it is not otherwise ruled by the arbitration authority.

7.5 During arbitration, except for the parts of the Contract that is under arbitration, other parts of the Contract shall continue to rule.

8．Contract languages

8.1 Except where both sides otherwise agree, the Contract languages shall be Chinese and English, and the Chinese version shall prevail. Correspondences between both sides concerning the Contract shall be written in the Contract languages.

9．Applicable law

The Contract shall be construed according to laws of the People’s Republic of China

标书常用词汇：

报价quotation、采购procurement、撤标withdrawal of bid、承包商contractor、澄清要求requests of clarification、迟到的标书late bid、采购代理procurement agent、采购公告procurement notice、采购计划procurement plan、采购决定procurement decision、付款方式methods of payment、工程范围scope of works、工程量清单bill of quantities、工程量清单报价priced bill of quantities、工期days for construction、公开招标open tendering、固定总价fixed lump sum、分包商subcontractor、封标sealing of bid、货物清单list of goods、计划完工日期intended completion date、每投标人一标one bid per bidder、评标标准evaluation criteria、潜在的投标人potential bidder、施工机械construction equipment, construction plant、实质性响应substantial response, be substantially responsive to、事后情况说明debriefing、事后审查post review、事前审查prior review、适用法律applicable law、授予合同award of contract、替代方案alternative solution、替代建议alternative proposal、两步法招标two-stage bidding、履约保证金performance security、合格标准eligibility criteria、合格的投标人eligible bidder、合同价格contract price、合同金额contract amount、核标examination of bid、初步描述preliminary description、初步设计preliminary design、错误纠正correction of error、单一招标或局限性招标single or restricted tendering、通用条款general terms and conditions、土建承包商civil construction contractor、完工日期date of completion, completion date、完税后交货Delivered Duty Paid, DDP、违约赔偿liquidated damages、现场参观site visit、现场查勘site survey、现场管理人员site management personnel、现场技术人员site technical personnel、响应性responsiveness、项目评估文件Project Appraisal Document, PAD、项目时间表，项目计划project schedule、修改标书modification of bid、选择性招标selective tendering、询价采购shopping、银行保函bank guarantee、应标response to the bidding documents、有限国际招标Limited International Bidding, LIB、招标代理bidding agency、招标附录appendix to tender、招标公告notification of bidding, tender notice、招标号bidding no., tendering no、招标文件澄清clarification of bidding documents、招标文件修改amendment of bidding documents、招标资料表bidding data sheet, tendering data sheet、招投标范围scope of bid、争端解决settlement of dispute、政府采购法government procurement law、政府采购协议government procurement agreement、政府采购指令government procurement directives、直接签订合同direct contracting、中标标准award criteria、中标通知notification of award, award of tender、注册地点place of registration、专用条款special terms and conditions、准备投标书preparation of bid, preparation of tender、资金来源source of fund、资质信息qualification information、自营工程force accounting、技术规范specifications、监理supervisor、建筑工程construction works、交货时间delivery time、接受函letter of acceptance、截止时间deadline、截至日期deadline、解释要求requests of explanation、局限性招标limited tendering、开标bid opening, tender opening, opening of tender、开标地点place of bid opening、开工日期date of commence、联营体joint venture、投标保证金bid security, tender security、投标保证金bid security、投标费用cost of bidding、投标函bid letter、投标价格bid price、投标书澄清clarification of bid、投标书的提交submission of bid, submission of tender、投标书有效期validity of bid、投标书有效期延长extension of validity of bid、投标书语言language of bid、投标书组成documents comprising the bid、投标邀请invitation for bids, invitation to tenders、投标有效性bid availability、投标人合格性eligibility of bidder、投标人须知instruction to bidders, instruction to tenderers、投标人资质qualifications of the bidder、投标书bid, tender