INVITATION TO TENDER
[导读] the sum which the Employer will pay to the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Conditions of Contract called the "Tender Sum"). 32.2 The notification of award will constitute the formation of the Contract. 32.3 Upon the furnishing by the successful tenderer of a performance security in accordance with the provisions of Clause 34 hereof, the Employer will promptly notify the other tenderers that their tenders have
32. Notification of Award
32.1 Prior to the expiration of the period of tender validity prescribed by the Employer, the Employer will notify the successful tenderer by fax or e-mail confirmed in writing by registered letter that his tender has been accepted. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") shall name the sum which the Employer will pay to the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Conditions of Contract called the "Tender Sum").
32.2 The notification of award will constitute the formation of the Contract.
32.3 Upon the furnishing by the successful tenderer of a performance security in accordance with the provisions of Clause 34 hereof, the Employer will promptly notify the other tenderers that their tenders have been unsuccessful.
33. Signing of Agreement
33.1 Within ________ days of notifying the successful tenderer that his tender has been accepted, the Employer will send to the tenderer two copies of the Form of Agreement provided in the tender documents, incorporating all agreements between the parties.
33.2 Within__________ days of receipt of the Form of Agreement, the successful tenderer shall execute the Agreement by signing or sealing, as appropriate, and return both copies to the Employer. The Employer will then execute the Agreement and return one copy to the Contractor.
34. Performance Security
34.1 Within _________ days of receipt of the Letter of Acceptance, the successful tenderer shall furnish to the Employer a security for the due performance of the Contract, in accordance with the Conditions of Contract. The form of performance security provided in the tender documents may be used, or some other form acceptable to the Employer.
34.2 If the performance security is to be provided by the successful tenderer in the form of a bank guarantee, it shall be issued either by a local bank; by a foreign bank through a correspondent local bank; or by aforeign bank which has been determined by the tenderer to be acceptable to the Employer.
34.3 If the performance security is to be provided by the successful tenderer in the form of a bond, it shall be issued by a bonding or insurance company which has been determined by the tenderer to be acceptable to the Employer.
34.4 Failure of the successful tenderer to comply with the requirements of Clauses 33 or 34 hereof shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security, in which event the Employer may make the award to the next lowest evaluated tenderer or, if there are no other tenderers, call for new tenders.
35. Arbitration
Any dispute arising from or in connection with this Invitation to Tender and the Contract hereof concluded, if could not be settled through amicable negotiation, shall be submitted to the China International Economic and Trade Arbitration Commission ,Shenzhen Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon parties.
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