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1、Summary DescriptionCHINESE MODEL BIDDING DOCUMENTSPROCUREMENT OF GOODSUNDERNational Competitive Bidding (ncb) Ministry of FinanceThe Peoples Republic of China January 2012 PrefaceIn order to regulate and standardize procurement activities of World Bank financed projects in China, in 1991 the Ministr
2、y of Finance (MOF) organized to produce and published Model Bidding Documents for World Bank Financed Projects (MBDs), which were revised in 1993 by MOF and the World Bank based on trial use of these documents. In 1995, the World Bank revised its Procurement Guidelines and then developed and publish
3、ed Standard Bidding Documents (SBDs) for World Bank financed projects, and requested that its borrowers must use SBDs in World Bank financed projects. After extensive consultations, MOF and the World Bank agreed to revise and update MBDs developed since 1991 in reference to SBDs. The revised and upd
4、ated MBDs were re-published in 1997. Over the past 20 years, use of MBDs has played a positive role in regulating and standardizing procurement activities of World Bank financed projects in China and has also produced favorable impacts on the development of Chinas relevant procurement systems. In Oc
5、tober 2001, multilateral development banks and relevant international financial institutions produced and published Harmonized Bidding Documents and Users Guide. These harmonized documents extensively reflect “best practice” results of these international institutions. The World Banks SBDs prepared
6、based on the harmonized bidding documents have since been used in international competitive bidding activities for World Bank financed projects in China. In recent years and in response to the developing and changing situation, international financial institutions including the World Bank have been
7、revising and improving their procurement policies and begun to emphasize and promote the use of country procurement systems in projects financed by them. Meanwhile, in recent years Chinas domestic project development environments have experienced remarkable changes, procurement related laws and inst
8、itutions have been improving, and carrying out open tendering and use of SBDs in public procurement have been widely accepted. These have had some positive effects on bidding activities, especially national competitive bidding (NCB) activities of projects financed by the World Bank and other interna
9、tional financial institutions. Based on the above and considering that the operations of Asian Development Bank (ADB) have also been managed by MOF since the 1998 institutional reform, in order to adapt to a developing situation, further strengthen management of projects financed by international fi
10、nancial institutions and regulate and standardize relevant procurement activities, with the assistance from the World Bank and ADB, MOF conducted comprehensive revision of Model NCB Procurement Documents for World Bank Financed Projects and changed the name to Model NCB Procurement Documents for Pro
11、jects Financed by International Financial Institutions (the new MBDs) to enable their broader application. The new MBDs have adequately considered Chinas relevant procurement laws and regulations as well as requirements in the World Banks and ADBs procurement guidelines and policies, reflecting the
12、cost-effectiveness, efficiency and transparency principles that shall be complied with in the procurement cycle and stressing the requirements of fighting against fraud and corruption in procurement. The new MBDs apply to NCB procurement activities for all lending and grant projects financed by the
13、World Bank and ADB in China. In the meantime, MOF encourages use of new MBDs for NCB procurement activities of projects financed by other international financial institutions. The new MBDs include National Competitive Bidding Document for Procurement of Goods and National Competitive Bidding Documen
14、t for Procurement of Civil Works. The two documents have both Chinese and English versions so that they can meet the needs of different language users. The new MBDs comprise three parts and nine chapters. Part One provides bidding procedures, including Instructions to Bidders, Bidding Data Sheet, Bi
15、d Evaluation and Qualification Criteria, Bidding Document Format and Eligible Countries; Part Two specifies procurement requirements, including Demand for Supply of Goods or Buyers Requirements; Part Three relates to contract, including General Conditions of Contract, Special Conditions of Contract
16、and Contract Format. Considering their widespread application and project-specific conditions, the new MBDs include fixed clauses and variable clauses. Fixed clauses are universally applicable clauses that cannot be changed; variable clauses are clauses that can be adjusted according to project-spec
17、ific conditions and procurement requirements. Concrete procurement requirements and special contract provisions can be reflected in Bidding Data Sheet and Special Contract Clauses. In the process of revising and preparing the new MBDs, great support and assistance have been received from ADB and Wor
18、ld Bank procurement specialists. Their efforts and contributions are appreciated. International DepartmentMinistry of FinanceThe Peoples Republic of China January 2012Summary DescriptioniiProcurement of GoodsSummaryInvitation for Bids (IFB)PART 1 BIDDING PROCEDURESSection I.Instructions to Bidders (
19、ITB) This Section provides information to help Bidders prepare their bids. Information is also provided on the submission, opening, and evaluation of bids and on the award of Contracts. Section I contains provisions that are to be used without modification.Section II.Bidding Data Sheet (BDS)This Sec
20、tion includes provisions that are specific to each procurement and that supplement Section I, Instructions to Bidders. Section III.Evaluation and Qualification CriteriaThis Section specifies the criteria to be used to determine the lowest evaluated bid, and the Bidders qualification requirements to
21、perform the contract.Section IV.Bidding FormsThis Section includes the forms for the Bid Submission, Price Schedules, Bid Security, and the Manufacturers Authorization to be submitted with the Bid.Section V. Eligible CountriesPART 2 SUPPLY REQUIREMENTSSection VI.Schedule of RequirementsThis Section
22、includes the List of Goods and Related Services, the Delivery and Completion Schedules, the Technical Specifications and the Drawings that describe the Goods and Related Services to be procured.PART 3 CONTRACTSection VII.General Conditions of Contract (GCC)This Section includes the general clauses t
23、o be applied in all contracts. The text of the clauses in this Section shall not be modified. Section VIII:Special Conditions of Contract (SCC)This Section includes clauses specific to each contract that modify or supplement Section VII, General Conditions of ContractSection IX: Contract FormsThis S
24、ection includes the form for the Agreement, which, once completed, incorporates corrections or modifications to the accepted bid that are permitted under the Instructions to Bidders, the General Conditions of Contract and Special Conditions of Contract. The forms for Performance Security and Advance
25、 Payment Security, when required, shall only be completed by the successful Bidder after contract award. Summary DescriptioniiiTable of ContentsPART 1 Bidding ProceduresSection I. Instructions to BiddersSection II. Bidding Data Sheet (BDS)Section III. Evaluation and Qualification CriteriaSection IV.
26、 Bidding Forms Section V. Eligible CountriesPART 2 Supply RequirementsSection VI. Schedule of RequirementsPART 3 - ContractSection VII. General Conditions of ContractSection VIII. Special Conditions of ContractSection IX. Contract FormsInvitation for Bids (IFB)vInvitation for Bids (IFB) This IFB sha
27、ll not be included in the final bidding document when they are issued.Date: _NCB Bid No.: _1.The _ (insert name of Borrower2. Words in brackets are instruction for completing IFB.3. In case of the Government financing, the first paragraph shall be replaced entirely with “The _ (insert name of Purcha
28、ser) intends to use the Government funds toward the cost of _ (insert name of project) and it intends to apply the proceeds of the fund to payments under the Contract for _ (insert name / no. of contract).) has received / has applied for / intends to apply for the loan / grant from the _ (insert nam
29、e of international financial institutions, e.g., World Bank, Asian Development Bank) toward the cost of _ (insert name of project) and it intends to apply part of the proceeds of this _ (select loan or grant as appropriate) to payments under the Contract for _ (insert name / no. of contract) 3/.2.Th
30、e _ (insert name of the Purchaser) now invites sealed bids from all eligible and qualified bidders for _ (insert brief description of the goods and related services to be procured). The delivery period is _(insert number) days from contract signature.3.Bidding will be conducted through the National
31、Competitive Bidding procedures. The bidding is open to all bidders from Eligible Sources Countries as defined in the Procurement Guidelines of _ (select the World Bank or Asian Development Bank as appropriate) as defined in the Tendering and Bidding Law and Government Procurement Law of the Peoples
32、Republic of China.4.Interested eligible bidders may obtain further information from _ (insert name of Purchaser, and name and e-mail of officer in charge) and inspect the Bidding Documents at the address given below from (insert time and date).5.Qualifications requirements include: _ (insert a list
33、of technical, financial, legal and other requirements). Additional details are provided in the Bidding Documents.6.A complete set of Bidding Documents in Chinese may be purchased by interested bidders on the submission of a written application to the address below and upon payment of a nonrefundable
34、 fee _ (insert amount in Chinese Renminbi) . The method of payment will be _ (insert method of payment, e.g., cashier check, direct deposit to specified account no., etc.). The Bidding Documents will be sent by _ (insert delivery procedure, e.g. courier.).7.Bids must be delivered to the address belo
35、w at or before _ (insert time and date). Late bids will be rejected. Bids will be opened in the presence of the bidders representatives who choose to attend in person at the address below at _ (insert time and date). All bids must be accompanied by a bid security of _ (insert amount in Chinese Renmi
36、nbi.8.The address referred to above is: Name of Purchaser: _Postal Address: _Contact Person: _Office Rm. No.: _Email Address: _Tel. No.: _Fax No.: _Section I. Instruction to Bidders (ITB)22PART 1 Bidding ProceduresSection I. Instructions to BiddersTable of ClausesA.General1.Scope of Bid2.Source of F
37、unds3.Corrupt and Fraudulent Practices4.Eligible Bidders5.Eligible Goods and Related ServicesB.Contents of Bidding Documents6.Sections of Bidding Documents7.Clarification of Bidding Documents8.Amendment of Bidding DocumentsC.Preparation of Bids9.Cost of Bidding10.Language of Bid11.Documents Comprisi
38、ng the Bid12.Bid Submission Form and Price Schedules13.Alternative Bids14.Bid Prices and Discounts15.Currency of Bid16.Documents Establishing the Eligibility of the Bidder17.Documents Establishing the Eligibility of the Goods and Related Services18.Documents Establishing the Conformity of the Goods
39、and Related Services19.Documents Establishing the Qualifications of the Bidder20.Period of Validity of Bids21.Bid Security22.Format and Signing of BidD.Submission and Opening of Bids23.Submission, Sealing and Marking of Bids24.Deadline for Submission of Bids25.Late Bids26.Withdrawal, Substitution, a
40、nd Modification of Bids27.Bid OpeningE.Evaluation and Comparison of Bids28.Confidentiality29.Clarification of Bids30.Responsiveness of Bids31.Non-conformities, Errors, and Omissions32.Preliminary Examination of Bids33.Examination of Terms and Conditions; Technical Evaluation34.Evaluation of Bids35.C
41、omparison of Bids36.Qualification of the Bidder37.Purchasers Right to Accept Any Bid, and to Reject Any or All BidsF.Award of Contract38.Award Criteria39.Purchasers Right to Vary Quantities at Time of Award40.Notification of Award41.Signing of Contract42.Performance SecuritySection I. Instructions t
42、o Bidders (ITB)A. General1. Scope of Bid1.1 The Purchaser indicated in the Bidding Data Sheet (BDS), issues these Bidding Documents for the supply of Goods and Related Services incidental thereto as specified in Section VI, Schedule of Requirements. The name and identification number of this Nationa
43、l Competitive Bidding (NCB) procurement are specified in the BDS. The name, identification, and number of lots of are provided in the BDS.1.2 Throughout these Bidding Documents:(a) the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, telex) and delivered against recei
44、pt; and(b) “day” means calendar day.2. Source of Funds2.1 The Purchaser intends to use the funds as defined in the BDS towards the cost of the Project defined in the BDS. The Purchaser intends to apply a portion of the funds to eligible payments under the contract for which these Bidding Documents a
45、re issued.2.2 Payments shall comply with the provisions as defined in the BDS 3. Corrupt and Fraudulent Practices3.1 Chinese anticorruption policy requires purchasers, as well as bidders, suppliers and contractors, and their agents (whether declared or not), personnel, subcontractors and service pro
46、viders observe the highest standard of ethics during the procurement and execution of such contracts.3.2 In pursuance of this policy, the terms and sanction actions for fraud and corruption are detailed in the BDS.3.3 Bidders shall be aware of the provisions stated in the Clause 35.1 (a) (iii) of Section VII of the General Conditions
