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.
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. 投标报价Tender Offers
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.
Prices on the item tender offer sheet shall be filled out in the following manner:
2.2.1从中华人民共和国提供的货物：Goods provided from the People’s Republic of China:
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) 技术服务及培训的费用Cost for technical services and trainings
本项包括：This item includes:
A)卖方人员技术服务费用：Cost for technical service provided by the Seller’s personnel:
Expenses for on-site installation instruction, debugging, and inspection
Expenses for training the personnel of the Buyer
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.
5) 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从中华人民共和国境外提供的货物：Goods provided outside the People’s Republic of China:
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.
Expenses for technical services and trainings
本项包括：This item includes:
Expenses for technical services provided by the Seller: costs for on-site project installation instruction, debugging, and testing
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 Buyer’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.
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.
Tenderers shall list and quote separately parts and components that satisfy 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 出厂价(EXW)、到岸价(CIF)和“运费、保险付至……”价(CIP) 等术语。应根据巴黎国际商会二OOO版本的《国际贸易术语解释通则》(Incoterms 2000)的规定来解释。
Ex works (EXW), CIF, ‘carriage and insurance paid to’ (CIP) and other technical terms shall be construed according to the 2000 Paris version of International Chamber of Commerce Terms (Incoterms 2000).
According to Clause 11.2 of the Notice, tenderers shall divide the tender price into several parts, the sole objective of which 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.
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 24 of the Notice, tender documents containing any adjustable prices will be rejected as non-responsive tenders.
3. 投标货币Tender Currency
Goods and services to be provided by tenderers shall be quoted in the currency of US dollar.
4. 投标保证金Tender bond
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.
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 15.7 of the Notice.
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;
Tenders to which a tender bond is not attached according to Clause 15.1 and 15.3 of the Notice shall be rejected as non-responsive tenders according to Clause 24 of the Notice.
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.
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.
Tender bond will be confiscated in case:
Tenderers withdraw their tenders within the valid period of the tender as provided in the tender invitation documents; or
2)中标人在规定期限内未能根据本须知第34条规定签订合同；或The successful tenderer fails to sign the Contract within the prescribed period according to Clause 34 of the Notice; or
3)中标人在规定期限内未能根据按投标人须知第35条规定提交履约保证金。The successful tenderer fails to submit the performance bond within the prescribed period according to Clause 35 of the Notice.
5. 投标有效期Valid period of tender
5.1 根据本须知第19条规定，投标应在规定的开标日后的180天内保持有效。投标有效期不满足要求的投标将被视为非响应性投标而予以拒绝。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.
Termination of Contract for Buyer’s Convenience
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 that the Contract is terminated, the scale to which the Contract is terminated, as well as the effective date of the termination.
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:
Accept only part of goods according to the original contract price and terms; or
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.
7.1 合同实施或与合同有关的一切争端应通过双方协商解决。如果协商开始后60天还不能解决，争端应提交仲裁。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.
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.
The arbitration award shall be final and has legal binding forces to both sides.
The cost for arbitration shall be borne by the losing party if it is not otherwise ruled by the arbitration authority.
During arbitration, except for the parts of the Contract that is under arbitration, other parts of the Contract shall continue to rule.
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.
The Contract shall be construed according to laws of the People’s Republic of China