国际承保实务重点(中英文)

1

．

为什么资格预审？

（

why prequalification

）

The successful execution of contracts for large buildings, civil engineering, supply

and installation, turnkey, and design- and-build projects requires that contracts are

awarded only to firms, or combinations of firms, that are suitably experienced in the

type

of

work

and

construction

technology

involved,

that

are

financially

and

managerially

sound,

and

that

can

provide

all

the

equipment

required

in

a

timely

manner.

The

assessment

by

an

implementing

agency

of

the

suitability

of

firms

to

carry

out

a

particular

contract

prior

to being invited to submit a bid is a process called

prequalification.

2.

< br>资格预审会不会降低后续施工招标中的积极性

不会。投标时并不是越多越好，而是要选择合格的承包商。不合格的承包商没有可比性。同一 流

的建筑公司，管理成本正规

i

，报价 保证自己的利润。竞争的是技术实力，投入更多精力来编织技术

标，竞争力更强。

同一档次的不是越多越好，二流三流成本低管理不好，容易胡报价。

t of prequalification

The

prequalification

process

is

of

benefit

to

both

bidders

and

Executing

Agencies

alike,

in that

?

the process enables prospective bidders, who may be insufficiently qualified on

their

own,

to

avoid

the

expense

of

bidding,

or

to

form

a

joint

venture

that

may

give

a

better

chance

of

success;

?

with

prequalification,

well

qualified

firms

will

price

their

bids

with

the knowledge that they are competing against other qualified bidders meeting realistic

minimum

competence

criteria,

and

with

the

assurance

that

inadequately

qualified

competitors

will be excluded from submitting unrealistically low bids, leading contractors are

encouraged

to

bid;

?

prequalification

enables

Executing

Agencies

to

assess

the

interest

from

qualified firms generated by the contract and, in the event that only a limited number of

applications are received, to make any necessary adjustments in the procurement process;

?

it helps to expose potential conflicts of interest of an applicant with other parties

involved

in

this

prequalification

process;

?

it

reduces

the

amount

of

work

and

time

involved

by

Executing

Agencies

in

evaluating

bids

from

unqualified

contractors;

it

encourages

local

firms to form joint ventures with other local or international firms, thereby benefiting

from their resources and experience;

?

it enables the Executing Agencies to assess the

likelihood

o

f

contractors’

eligibility

for

domestic

bidder

price

preference

in

borrowing

countries where this is applicable; and

?

it reduces significantly, if not eliminates,

problems of rejection associated with low-priced bids submitted by bidders of doubtful

capability.

e contract

将标划分成很多块来判断承保能力。不同性质的标段由不同 的承包商承担。判断承保能力。

5.

资格预审包含的内容

Instructions to Applicants (ITA). Application Data Sheet. Qualification Criteria.

Application Forms. Eligible Countries. Scope of Contract.

6.

业主有权拒绝资格预审资料

18.1 The Employer reserves the right to accept or reject late Applications.

s in qualification

Any change in the qualification status of an Applicant after being prequalified in

accordance with ITA Clause 27 shall be subject to the written approval of the Employer.

Any

such

change

shall

be

submitted

to

the

Employer

not

later

than

fourteen

(14)

days

after

the date of the Invitation to Bid. Such approval shall be denied if as a consequence of

any

change,

(a)

the

prequalified

Applicant,

after

the

change,

no

longer

substantially

meets

the qualification criteria set forth in Section III, Qualification Criteria; or (b) a new

partner that had not been prequalified as an Applicant or a Specialist Subcontractor as

per ITA 24.2 is added to a prequalified Applicant.

8.

甲方组织招标编制的招标文件的内 容

PART I Bidding Procedures

；

Section 1 - Instructions to Bidders (ITB)

；

Section 2

- Bid Data Sheet (BDS)

；

Section 3 - Evaluation and Qualification Criteria (EQC)

；

Section 4 - Bidding Forms (BDF)

；

Section 5 - Eligible Countries (ELC)

；

PART II

Req uirements

；

Section 6 - Employer

’

s Requirements (ERQ)

；

PART III Conditions of

Contract and Contract Forms

；

Section 7 - General Conditions (GCC)

Section 8 - Particular Conditions (PCC)

；

Section 9 - Contract Forms (COF)

10.

招标文件的修改

8.1 At any time prior to the deadline for submission of bids, the Employer may amend the

Bidding Document by issuing addenda. 8.2 Any addendum issued shall be part of the Bidding

Document

and

shall

be

communicated

in

writing

to

all

who

have

obtained

the

Bidding

Document

from the Employer in accordance with ITB 6.3.

11.

投标文件的内容

The Bid shall comprise the following:(a) Letter of Bid; (b) completed schedules as

required, including priced Bill of Quantities, in accordance with ITB 12 and 14; (c) Bid

Security, in accordance with ITB 19; (d) alternative bids, if permissible, in accordance

with ITB 13; (e) written confirmation authorizing the signatory of the Bid to commit the

Bidder, in accordance with ITB 20.2; (f) documentary evidence in accordance with ITB 17

establishing the

Bidder

’

s qualifications to perform the contract if its Bid is accepted;

(g) Technical Proposal in accordance with ITB 16; (h) any other document required in the

BDS.

12. alternative bids

13.1

Unless

otherwise

indicated

in

the

BDS,

alternative

bids

shall

not

be

considered.13.2

When alternative times for completion are explicitly invited, a statement to that effect

will

be

included

in

the

BDS,

as

will

the

method

of

evaluating

different

times

for

completion.

13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer technical

alternatives to the requirements of the Bidding Document must first price the Employer

’

s design as described in the Bidding Document and shall further provide all information

necessary

for

a

complete

evaluation

of

the

alternative

by

the

Employer,

including

drawings,

design calculations, technical specifications, breakdown of prices, and proposed

construction methodology and other relevant details. Only the technical alternatives, if

any, of the lowest evaluated Bidder conforming to the basic technical requirements shall

be considered by the Employer. 13.4 When specified in the BDS, Bidders are permitted to

submit alternative technical solutions for specified parts of the Works. Such parts will

be

identified

in

the

BDS

and

described

in

Section

6

(Employer

’

s

Requirements).

The

method

for their evaluation will be stipulated in Section 3 (Evaluation and Qualification

Criteria).

13.

开标顺序：

First, envelopes marked

“

WITHDRAWAL

”

shall be opened and read out

and the envelope with the corresponding bid shall not be opened, but returned to

the Bidder. Next, envelopes marked

“

SUBSTITUTION

< br>”

shall

be

opened

and

read

out

and

exchanged

with

the

corresponding

bid being

substituted,

and

the

substituted

bid

shall

not

be

opened,

but

returned

to

the

Bidder.

Envelopes

marked

“

MODIFICAT ION

”

shall

be

opened

and

read

out

with

the

corresponding

bid. All other envelopes shall be opened one at a time

如何判断标书是符合还是不符合包括哪几个内容

？

1.

未按业主要求投标，

2

增大业主责任，减轻自己责任

3

，关 键资料未提交

ions,reservations and omissions

(a)

“

D eviation

”

is

a

departure

from

the

requirem

ents

specified

in

the

Bidding

Document;

(b)

“

Reservation< /p>

”

is the setting of limiting conditions or withholding from complete

acceptance

of

the

requirements

specified

in

the

Bidding

Document;

and

(c)

“

Omission

”

is

the

failure

to

submit

part

or

all

of

the

information

or

documentation

required

in

the

Bidding

Document.

15.

实质性不符合

符合：

A

substantially responsive

bid is one that meets the requirements of the Bidding

Document without material deviation, reservation, or omission. A material deviation,

reservation,

or

omission

is

one

that,

(a)

if

accepted,

would:(i)

affect

in

any

substantial

way

the

scope,

quality,

or

performance

of

the

Works

specified

in

the

Contract;

or

(ii)

limit

in any substantial way,

inconsistent with the Bidding Document, the Employer

’

s rights or

the

Bidder

’

s

obligations

under

the

proposed

Contract;

or

(b)

if

rectified,

would

unfairly

affect

the

competitive

position

of

other

Bidders

presenting

substantially

responsive

bids.

16.

非实质性不符合可以补救，实质性不能补救

Provided that

a bid is substantially

responsive, the Employer may waive any nonconformities in the bid that do not

constitute a material deviation, reservation or omission.

Provided that

a bid

is substantially responsive, the Employer may request that the Bidder submit the

necessary information or documentation, within a reasonable period of time, to

rectify nonmaterial nonconformities in the bid related to documentation

requirements.

Provided

that

a

bid

is

substantially

responsive,

the

Employer

shall

rectify nonmaterial nonconformities related to the Bid Price.

< br>17.

投标人资格审查程序

（

Q ualification of the Bidder

）：

36.1

The Employer shall

determine to its satisfaction whether the Bidder that is selected as having

submitted the lowest evaluated and substantially responsive bid meets the

qualifying criteria specified in Section 3 (Evaluation and Qualification

Criteria).

36.2

The determination shall be based upon an examination of the

documentary evidence of the Bidder

’

s qualifications submitted by the Bidder,

pursuant

to

ITB

17.1.

36.3

An

affirmative

determination

shall

be

a

prerequisite

for

award of the Contract to the Bidder. A negative determination shall result in

disqualification

of

the

bid,

in

which

event

the

Employer

shall

proceed

to

the

next

lowest

evaluated

bid

to

make

a

similar

determination

of

that

Bidder

’

s

qualifications

to perform satisfactorily.

18.

业主评标的依据：

(a)

the

bid

price,

excluding

Provisional

Sums

and

the

provision,