1、 Reference number ISO 10845-3:2011(E) ISO 2011INTERNATIONAL STANDARD ISO 10845-3 First edition 2011-01-15 Construction procurement Part 3: Standard conditions of tender Marchs de construction Partie 3: Conditions types normalises des soumissions ISO 10845-3:2011(E) PDF disclaimer This PDF file may c
2、ontain embedded typefaces. In accordance with Adobes licensing policy, this file may be printed or viewed but shall not be edited unless the typefaces which are embedded are licensed to and installed on the computer performing the editing. In downloading this file, parties accept therein the respons
3、ibility of not infringing Adobes licensing policy. The ISO Central Secretariat accepts no liability in this area. Adobe is a trademark of Adobe Systems Incorporated. Details of the software products used to create this PDF file can be found in the General Info relative to the file; the PDF-creation
4、parameters were optimized for printing. Every care has been taken to ensure that the file is suitable for use by ISO member bodies. In the unlikely event that a problem relating to it is found, please inform the Central Secretariat at the address given below. COPYRIGHT PROTECTED DOCUMENT ISO 2011 Al
5、l rights reserved. Unless otherwise specified, no part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and microfilm, without permission in writing from either ISO at the address below or ISOs member body in the country
6、of the requester. ISO copyright office Case postale 56 CH-1211 Geneva 20 Tel. + 41 22 749 01 11 Fax + 41 22 749 09 47 E-mail copyrightiso.org Web www.iso.org Published in Switzerland ii ISO 2011 All rights reservedISO 10845-3:2011(E) ISO 2011 All rights reserved iiiContents Page Foreword .v Introduc
7、tionvi 1 Scope1 2 Terms and definitions .1 3 General requirements .4 3.1 Actions4 3.2 Tender documents 4 3.3 Interpretation .4 3.4 Communication and employers agent .4 3.5 Employers right to accept or reject any tender offer4 3.6 Procurement procedures5 3.6.1 General .5 3.6.2 Competitive negotiation
8、 procedure.5 3.6.3 Proposal procedure using the two-stage tendering system.5 4 Tenderers obligations 6 4.1 Eligibility.6 4.1.1 Submit a tender offer 6 4.1.2 Notify the employer .6 4.2 Cost of tendering.6 4.3 Checking documents 6 4.4 Confidentiality and copyright of documents6 4.5 Reference documents
9、.6 4.6 Acknowledging addenda 6 4.7 Clarification meeting.6 4.8 Seeking clarification6 4.9 Insurance7 4.10 Pricing the tender offer.7 4.11 Alterations to documents .7 4.12 Alternative tender offers.7 4.13 Tender submissions7 4.13.1 General submission requirements 7 4.13.2 Signatures 8 4.13.3 Tender s
10、ecurities.8 4.13.4 Inclusion of certificates 8 4.13.5 Sealing of documents .8 4.13.6 Employers acceptance of tender submissions.8 4.14 Information and data to be completed in all respects.8 4.15 Closing time .8 4.16 Tender offer validity 9 4.16.1 Period of validity9 4.16.2 Withdrawal of tenders.9 4.
11、17 Clarification of tender offer after submission 9 4.18 Other material 9 4.19 Inspections, tests and analysis .9 4.20 Submitting securities, bonds, policies, etc. .9 4.21 Checking final draft.9 4.22 Returning other tender documents .10 5 Employers undertakings10 5.1 Responding to requests from the
12、tenderer 10 ISO 10845-3:2011(E) iv ISO 2011 All rights reserved5.2 Issuing addenda 10 5.3 Returning late tender offers. 10 5.4 Opening of tender submissions 10 5.5 Two-envelope system 11 5.6 Non-disclosure 11 5.7 Grounds for rejection and disqualification 11 5.8 Test for responsiveness 11 5.9 Arithm
13、etical errors, omission and discrepancies . 11 5.10 Clarification of a tender offer. 12 5.11 Evaluation of tender offers 12 5.11.1 General. 12 5.11.2 Method 1: Financial offer . 12 5.11.3 Method 2: Financial offer and quality . 13 5.11.4 Method 3: Financial offer and preferences 13 5.11.5 Method 4:
14、Financial offer, quality and preferences. 14 5.11.6 Decimal places 14 5.11.7 Scoring financial offers 14 5.11.8 Scoring preferences . 15 5.11.9 Scoring quality 15 5.12 Insurance provided by the employer 15 5.13 Acceptance of a tender offer . 15 5.14 Preparing contract documents 16 5.15 Completing ad
15、judicators contract . 16 5.16 Notice to successful and unsuccessful tenderers 16 5.17 Providing copies of the contracts. 16 5.18 Returning of tender securities. 16 5.19 Providing written reasons for actions taken 16 Annex A (informative) Commentary . 17 Annex B (informative) Tender data. 36 Annex C
16、(informative) Evaluating tender offers 42 Annex D (informative) Example of a tender security 58 Bibliography. 59 ISO 10845-3:2011(E) ISO 2011 All rights reserved vForeword ISO (the International Organization for Standardization) is a worldwide federation of national standards bodies (ISO member bodi
17、es). The work of preparing International Standards is normally carried out through ISO technical committees. Each member body interested in a subject for which a technical committee has been established has the right to be represented on that committee. International organizations, governmental and
18、non-governmental, in liaison with ISO, also take part in the work. ISO collaborates closely with the International Electrotechnical Commission (IEC) on all matters of electrotechnical standardization. International Standards are drafted in accordance with the rules given in the ISO/IEC Directives, P
19、art 2. The main task of technical committees is to prepare International Standards. Draft International Standards adopted by the technical committees are circulated to the member bodies for voting. Publication as an International Standard requires approval by at least 75 % of the member bodies casti
20、ng a vote. Attention is drawn to the possibility that some of the elements of this document may be the subject of patent rights. ISO shall not be held responsible for identifying any or all such patent rights. ISO 10845-3 was prepared by Technical Committee ISO/TC 59, Buildings and civil engineering
21、 works. ISO 10845 consists of the following parts, under the general title Construction procurement: Part 1: Processes, methods and procedures Part 2: Formatting and compilation of procurement documentation Part 3: Standard conditions of tender Part 4: Standard conditions for the calling for express
22、ions of interest Part 5: Participation of targeted enterprises in contracts Part 6: Participation of targeted partners in joint ventures in contracts Part 7: Participation of local enterprises and labour in contracts Part 8: Participation of targeted labour in contracts ISO 10845-3:2011(E) vi ISO 20
23、11 All rights reservedIntroduction Procurement is the process which creates, manages and fulfils contracts. Procurement can, as such, be described as a succession of logically related actions occurring or performed in a definite manner and which culminate in the completion of a major deliverable or
24、the attainment of a milestone. Processes, in turn, are underpinned by methods (i.e. a documented, systematically ordered collection of rules or approaches) and procedures (i.e. the formal steps to be taken in the performance of a specific task), which are informed and shaped by the policy of an orga
25、nization. Methods and procedures can likewise be documented and linked to processes. Conditions of tender are required to establish procedures from the time that tenders are invited to the time that a tender is awarded. Such conditions document the procedures, the manner in which those engaged in th
26、e procurement process are to behave, the obligations of the tenderer and the undertakings of the employer. INTERNATIONAL STANDARD ISO 10845-3:2011(E) ISO 2011 All rights reserved 1Construction procurement Part 3: Standard conditions of tender 1 Scope This part of ISO 10845 sets out standard conditio
27、ns of tender which a) bind the employer and tenderer to behave in a particular manner, b) establish what a tenderer is required to do in order to submit a compliant tender, c) make known the evaluation criteria to tenderers, and d) establish the manner in which the employer conducts the process of o
28、ffer and acceptance and provide the necessary feedback to tenderers on the outcomes of the process. This part of ISO 10845 is intended for use in procurements relating to goods, services and construction works and disposals other than by auction. NOTE 1 Annex A contains commentary on the clauses in
29、this part of ISO 10845. Annex B provides guidance on how to develop the tender data for a procurement document using this part of ISO 10845. NOTE 2 ISO 10845-2 establishes the manner in which procurement documents should be formatted and compiled. The standard conditions contained in this part of IS
30、O 10845 may by reference be incorporated in procurement documents formatted and compiled in accordance with the provisions of ISO 10845-2. 2 Terms and definitions For the purposes of this document, the following terms and definitions apply. 2.1 bill of quantities document that lists the items of wor
31、k and the quantities and rates associated with each item to allow contractors to be paid, at regular intervals, an amount equal to the agreed rate for the work multiplied by the quantity of work completed ISO 10845-1:2010, definition 3.3 2.2 bond sum of money or securities submitted to the employer
32、or placed in the hands of a third party to guarantee completion of the work and recovery of the sums which the contractor would be recognized as owing under the terms of the contract NOTE Adapted from ISO 6707-2:1993, definition 3.5.4. ISO 10845-3:2011(E) 2 ISO 2011 All rights reserved2.3 comparativ
33、e offer tenderers financial offer after all tendered parameters that can affect the value of the financial offer have been taken into consideration to enable comparisons to be made on a comparable basis 2.4 conflict of interest any situation in which someone in a position of trust has competing prof
34、essional or personal interests which make it difficult for him to fulfill his duties impartially, an individual or organization is in a position to exploit a professional or official capacity in some way for his personal or for corporate benefit, or incompatibility or contradictory interests exist b
35、etween an employee and the organization which employs that employee ISO 10845-1:2010, definition 3.8 2.5 contract data document that identifies the applicable conditions of a contract and states the associated contract-specific data ISO 10845-1:2010, definition 3.10 2.6 corrupt practice offering, gi
36、ving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process NOTE Adapted from ISO 10845-1:2010, definition 3.13. 2.7 employer person or organization intending to or entering into a contract with the contractor for the provis
37、ion of goods, services, or engineering and construction works ISO 10845-1:2010, definition 3.17 2.8 form of offer and acceptance document that formalizes the legal process of offer and acceptance ISO 10845-2:2011, definition 2.15 2.9 form of securities document that provides for the securities requi
38、red by the employer ISO 10845-2:2011, definition 2.16 2.10 fraudulent practice misrepresentation of the facts in order to influence the tender process, or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices
39、at artificial levels NOTE Adapted from ISO 10845-1:2010, definition 3.20. ISO 10845-3:2011(E) ISO 2011 All rights reserved 32.11 joint venture grouping of two or more contractors acting as one legal entity, where each is liable for the actions of the other ISO 6707-2:1993, definition 3.4.22 2.12 org
40、anization company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body ISO 10845-1:2010, definition 3.23 2.13 quality totality of features and characteristics of a product or service that bears on the ability of the product or service to satisfy stated
41、or implied needs ISO 10845-1:2010, definition 3.35 2.14 returnable document document that a tenderer is required to complete and submit to the employer as part of his tender submission ISO 10845-2:2011, definition 2.22 2.15 scope of work document that specifies and describes the goods, services, or
42、engineering and construction works which are to be provided, and any other requirements and constraints relating to the manner in which the contract work is to be performed ISO 10845-1:2010, definition 3.37 2.16 tender data document that establishes the tenderers obligations in submitting a tender a
43、nd the employers undertakings in administering the tender process and evaluating tender offers ISO 10845-1:2010, definition 3.45 2.17 tender offer written offer for the provision of goods, or to carry out a service or engineering and construction works under given conditions, usually at a stated pri
44、ce, and which is capable of acceptance and conversion into a binding contract ISO 10845-1:2010, definition 3.46 2.18 tenderer person or organization that submits a tender offer ISO 10845-1:2010, definition 3.47 ISO 10845-3:2011(E) 4 ISO 2011 All rights reserved3 General requirements 3.1 Actions The
45、employer and each tenderer submitting a tender offer shall comply with the standard conditions of tender. In their dealings with each other, they shall discharge their duties and obligations, as set out in Clauses 4 and 5, in a timely manner and with integrity, behave equitably, honestly and transpa
46、rently, comply with all legal obligations and not engage in anti-competitive practices. The employer and the tenderer, and all the agents and employees involved in the tender process, shall avoid conflicts of interest and, where a conflict of interest is perceived or known, declare any such conflict
47、 of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the
48、start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. The employer shall not seek and a tenderer shall not submit a
49、tender without having a firm intention and the capacity to proceed with the contract. NOTE 1 A conflict of interest can arise due to a conflict of roles which can provide an incentive for improper acts in some circumstances or positions. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in said circumstance or position, even if no improper acts result. NOTE 2 Conflicts of interest with respect to those
