INVITATION TO TENDER

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22.3 The tenderers' names, total amounts of tenders, tender price modifications and tender
withdrawals, if any, the presence of the requisite tender security and such other details as the Employer or his agent ____________, at their discretion, may consider appropriate will be announced at the opening.

22.4 The Employer or his agent _____________ shall prepare minutes of the tender opening for his own records. Such minutes shall be sent to the together with the report on the evaluation of tenders as soon as the latter is available.

23. Process to be Confidential
23.1 After the public opening of tenders, information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the award of contract shall not be disclosed to tenderers or other persons not officially concerned with such process until the award of a contract to the successful tenderer has been announced.

23.2 Any effort by a tenderer to influence the Employer in the process of examination, clarification, evaluation and comparison of tenders and decisions concerning award of contract may result in the rejection of his tender.

24. Clarification of Tenders
To assist in the examination, evaluation and comparison of tenders, the Employer and _______________ Company may ask tenderers individually for clarification of their tenders, including breakdowns of unit prices. The request for clarification and the response shall be in writing or by fax or e-mail, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetical errors discovered by the Employer during the evaluation of tenders in accordance with Clause 26 hereof.

25. Determination of Responsiveness

25.1 Prior to the detailed evaluation of tenders, the Employer and_________ Company will determine whether each tender is substantially responsive to the requirements of the tender documents.

25.2 For the purpose of this Clause, a substantially responsive tender is one which conforms to all the terms, conditions and specifications of the tender documents without material deviation or reservation. A material deviation is one which affects in any substantial way the scope, quality or administration of the Works, or which limits in any substantial way, inconsistent with the tender documents, the Employer's rights or the tenderer's obligations under the Contract, and the rectification of which deviation or reservation would affect unfairly the competitive position of other tenderers offering substantially responsive tenders.

25.3 If a tender is not substantially responsive to the requirements of the tender documents, it shall be rejected by the Employer and_________ Company.

26. Correction of Errors

26.1 Tenders determined to be substantially responsive will be checked by the Employer for any arithmetical errors in computation and summation. Errors will be corrected by the Employer as follows:
(a) Where there is a discrepancy between amounts in figures and in words, the amount in words will normally govern, unless it is clear from the context that the amount in figures is correct; and
(b) Where there is a discrepancy between the unit rate and the total amount derived from the multiplication of the unit rate and the quantity, the unit rate as quoted will normally govern unless, in the opinion of the Employer, there is obviously a gross error in the unit rate; in which event the total amount as quoted will govern and the unit rate will be corrected.

26.2 The amount stated in the Form of Tender will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the tenderer, shall be considered as binding upon the tenderer. The tenderer may, at his option, withdraw his tender if acceptance of the corrected amount would cause hardship. However in cases such as this, the tenderer is warned that such an action may cause his tender security to be forfeited.

27. Conversion to Single Currency
The Tender Price is the sum of all payments stated or expressed as a percentage in various currencies required to be made to the tenderer. To facilitate evaluation and comparison of tenders, the Employer will convert the amounts in various currencies in which the Tender Price is payable (excluding Provisional Sums but including Day works, where priced competitively) to RMB at the selling rates established by Bank of China, on the date specified for the opening of tenders.

28. Evaluation and Comparison of Tenders

28.1 The Employer and _____________ Company will evaluate and compare only those tenders determined to be substantially responsive to the requirements of the tender documents in accordance with Clause 25 hereof. The Evaluation and comparison shall be based only on the "Basic" offer to determine the lowest evaluated tenderer for award of the Contract.

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