INVITATION TO TENDER

12. Currencies of Tender and Payment

12.1 The unit rates and prices shall be quoted by the tender entirely in RMB. A tenderer expecting to incur expenditures in other currencies for inputs to the Works supplied from outside China (referred to as "the foreign currency requirements") shall indicate in Schedule I of "Foreign Currency Requirements" the percentage of the Tender Price (excluding Provisional Sums) needed by him for the payment of such foreign currency requirements either (i) entirely in the currency of the tenderer's home country or, at the tenderer's option, (ii) entirely in US dollars, always provided that a tenderer expecting to incur expenditures in a currency or currencies other than those stated in (i) and (ii) above for a portion of the foreign currency requirements, and wishing to be paid accordingly, shall so indicate the percentage portion in his tender. The percentage portion indicated shall remain fixed for the duration of the Contract. The amounts in various currencies calculated on the basis of the percentages indicated in the Tender and by use of the exchange rates indicated in clause 12.2 hereinafter, shall be used for the purpose of conversion and comparison of tenders pursuant to Clause 7.

12.2 The rates of exchange to be used by the tenderer for currency conversion shall be the governing selling rates published by the Bank of China on the date ______ day prior to the latest date for the submission of tenders. If exchange rages are not so published for certain currencies, the tenderer shall state the rates used and the source. For the purpose of payments, the exchange rates used in tender preparation shall apply for the duration of the Contract.

12.3 The total amount of foreign and local currencies expected to be required by tenderers shall be substantiated in Schedules I and I (A)-Foreign Currency and Local Currency Requirements, and the annex thereto, Tenderers shall describe the manner in which such foreign and local currencies are expected to be used, relating specifically, but not limited to:
Foreign Currency
(a) Expatriate staff directly employed on the Works:
(b) Social charges, insurance premiums and medical care related to such staff, and travel expenses between China and the country of origin;
(c) A list of the imported materials, both temporary and permanent, required for the Works;
(d) Depreciation and usage of plant and equipment, including spare parts, required for the Works;
(e) Insurance and freight charges for imported materials, plant and equipment, including spare parts; and
(f) Overhead expenses, fees and financial charges incurred outside China.
Local Currency
(g) Local labour;
(h) Local materials;
(i) Other services, and;
(j) Overhead expenses, fees and financial charges within China.

12.4 Tenderers may be required by the Employer to clarify their foreign currency requirements, and to provide satisfactory proof that the amounts included in the unit rates and in Schedule I are reasonable and responsive to clause 12.1 hereof.

12.5 The tender shall complete Schedule II - Estimated Contract Payments and shall substantiate the tabulation of this Schedule by attaching a table indicating anticipated major quantities of work performed over the duration of the Works.

13. Tender Validity

13.1 The tender shall remain valid and open for acceptance for a period of six calendar months from the specified date of tender closing.

13.2 In exceptional circumstances, prior to expiry of the original tender validity period, the Employer or his agent ____________ may request the tenderers for a specified extension to the period of validity. The request and the responses thereto shall be made in writing or by fax or e-mail. A tenderer may refuse the request without forfeiting his tender security. A tenderer agreeing to the extension will not be required nor permitted to alter his tender, but will be required to extend the validity of his tender security correspondingly. The provisions of Clause 14 hereof regarding discharge and forfeiture of tender security shall continue to apply during the extended period.

14. Tender Security

14.1 The tenderer shall furnish, as part of his tender, a tender security in RMB in an amount of not less than _____% of the Tender Sum.

14.2 The tender security shall, at the tenderer's option, be in the form of a certified cheque, a bank draft, an irrevocable letter of credit or a guarantee from either:
(a) Bank of China;
(b) Any of its correspondent bank abroad through Bank of China;
(c) Any other Chinese or foreign bank operating in China;
(d) Any other foreign bank determined by the Tenderer in advance of submission of bids to be acceptable to ___________.
Or a bond issued by an insurance company or bonding company likewise located. The format of the bank guarantee or bond shall be in accordance with one of the sample forms included in these documents; other formats may be permitted subject to the prior approval of the Employer or his agent __________. Letters of credit, bank guarantees and tender bonds shall be valid for one calendar month beyond the validity of the tender.

14.3 In the event of a tenderer agreeing to a specified extension of tender validity in accordance with Clause 13 of the Instructions to Tenderers, the tenderer shall provide an extension in the validity of the tender security of one calendar month beyond the validity of the extended tender.

14.4 Any tender not accompanied by an acceptable tender security will be rejected by _________ as non-responsive.

14.5 The tender securities of unsuccessful tenderers will be discharged or returned as promptly as possible, but not later than ______ days after the expiration of the period of tender validity prescribed.

14.6 The tender security of the successful tenderer will be discharged or returned upon the tenderer executing the Contract and furnishing the required performance security.

14.7 The tender security may be forfeited:
(a) If a tenderer withdraws his tender during the period of tender validity; or
(b) In the case of the successful tenderer, if he fails to:
(i) Sign the Agreement; or
(ii) Furnish the necessary performance security.

15. Alternative Offers

15.1 The tenderer shall submit a basic tender which complies fully with the requirements of the tender documents. The tenderer may, at his option, and in addition to the basic tender, offer tenders incorporating alternatives to any of the following items now specified:
(a) Advance Loan for Mobilization
An interest free advance loan will be made available to assist the Contractor before commencing construction of the Works. Offers may be made for such a loan of up to ________% of the Tender Sum. Evaluation will be made of the associated costs or saving accruing to the Employer in accordance with Clause 28.
(b) (Written as specific conditions).

15.2 Alternatives may be submitted in addition to basic tender. In order for alternatives to be considered in the process of tender evaluation, each alternative shall be accompanied by a detailed price breakdown indicating the tenderer's estimate of the additional or reduced cost in present value to the Employer (refer to clause 28.3 hereof) compared to the basic Tender Sum. Comparison and evaluation will be done for the basic offer and alternatives of the lowest evaluated tenderer will be given due consideration. If the alternative offers were to be accepted by the Employer, these will be incorporated into the Contract. Alternative offers which are not priced, or which are not substantiated in sufficient detail, will be rejected.

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