The contents of the cover text generally include: country; Project source; Project name; The words gentle; Loan number; Letter of credit number; Contract number; Tender number; Tenderee or agent bidder; Dating.

2. Tender notice

Requirements for writing content: a. Names of tendering units and bidding projects; B. Brief introduction of the project subject to tender; C. contracting method; D. Bidder's qualification, place, time and cost of receiving the tender.

3. Invitation to bid

Writing content requirements: project source; Project name; Gentle words; Loan number; Letter of credit number; Contract number; Tender number; The main contents of the project; Location of the project; Place and cost of bidding; Bidding language requirements; The amount guaranteed by the bidder; The time and place for the bidder to submit the tender; Time and place of bid opening; Name, address, contact person and contact information of the tenderer and the agent tenderer.

4. Instructions to Bidders and Pre-Schedule

Instructions to Bidders and the Pre-attached Table are important parts of the bidding documents, guiding documents for project owners or bidding agencies on how to bid, and are generally sold to qualified bidders along with the bidding documents. Its main writing content is as follows.

① General rules. Project scope, sources of funds, qualified bidders, bidders' qualifications, each bidder can only submit one bid, bid fee and site inspection fee.

(2) tender. Content, clarification and modification of the tender.

(3) Preparation of tender. Tender language, tender documents, tender composition, tender price, tender and payment currency, selective quotation, tender validity period, tender deposit, alternatives proposed by bidders, tender preparation meeting, tender format and signature.

(4) Submission of tenders. Sealing and marking of tender, deadline for bidding, overdue bidding, modification and withdrawal of tender.

⑤ Bid opening and evaluation. Bid opening, confidentiality procedures, clarification of bids and contact with the owner, review of bids and determination of responsiveness, identification of consistency, modification of technical errors, conversion of single currency, evaluation and comparison of bids and preferences of domestic bidders.

⑥ Contract award. Contract award criteria, the owner's right to accept and reject bids, bid-winning notice, signing contract agreement, performance bond and advance payment.

⑦ Others. Mediator team, failure to execute the contract from the commencement date, corruption and fraud.

5. Project contract documents

With the vigorous development of civil engineering project contracting in the world, the compilation and revision of contract conditions in the field of engineering project contracting construction have also developed. In addition to FIDIC contracts which are widely used in the world, many countries and regions have their own contract conditions, some of which are often used in international project contracting.

(1) British ICE contract documents

ICE is the abbreviation of Institution of Civil Engineers and the English name of the British Institution of Civil Engineers. The institute is an authoritative organization in civil engineering construction contracts, and the conditions of civil engineering construction contracts compiled and published by the institute are called ICE contract conditions. 199 1 revised and published the 6th edition.

ICE contract conditions include 25 main clauses, and * * * consists of 72 clauses, which are similar to FIDIC contract conditions in general form and content. ICE contract conditions control the project cost by the actual completed engineering quantity and the unit price in the tender. The main contents of ICE contract conditions should also include: contract, tender and schedule, agreement and letter of guarantee format, construction technical specifications and drawings, bill of quantities, etc.

ICE contract conditions are mainly applicable to large-scale civil engineering projects such as roads, bridges and water conservancy projects. , mainly used in Britain and the Commonwealth and countries with close ties to Britain in history.

(2) British JCT contract documents

JCT is the abbreviation of joint contract Trbunal, which is the name of the British Contract Approval Federation. The text of JCT contract is a construction contract, which is mainly used for building construction. The history of JCT contract text is longer than that of Intercontinental Exchange. It is the first civil construction contract clause in Britain, which was compiled by royal institute of british architects in 1902. Therefore, JCT contract text is sometimes called RIBA contract text. The characteristics and scope of application of JCT contract text are as follows.

(1) The authorization of the architect in the JCT contract text is less than that of the supervision engineer in the ICE contract conditions. The main reason is that the construction period of housing construction projects is shorter than that of some large-scale civil engineering projects, and the risk is less, so architects are granted less temporary decision-making power. The role of architect in JCT contract text is the same as that of supervision engineer in ICE contract conditions, and both of them are responsible for the construction supervision of engineering projects.

②②JCT contract text is applicable to the pricing method of general contract and also to the "turnkey" contract form. If the engineering quantity increases or decreases too much during the project construction, or the project changes greatly, the total contract price can be adjusted accordingly before and after the project is completed.

The standard format of ③③JCT contract text includes a "VAT Supplementary Agreement", which lists the taxes in detail.

(3) International FIDIC contract documents

FIDIC is the abbreviation of the French Federation of International Consulting Engineers, which is composed of associations from different countries. Today, FIDIC members come from more than 60 countries such as Germany, the United States, Britain, Canada, France, Denmark and Sweden, representing most independent consulting engineers in the world, and it is the most authoritative consulting engineer organization in the world. FIDIC Contract Committee has compiled the text of contract conditions of "Design-Build-Turnkey Project", which was first printed in August 1995. It is suggested to be used in the engineering design and construction of international bidding. The contract conditions of this project are called "general contracting" in China.

FIDIC contract conditions include two parts.

The first part of the general principles mainly involves the following contents.

(1) Definition and interpretation of contract conditions, and the priority of legal and language documents;

(2) The respective rights and obligations of the Employer and the Contractor, and the responsibilities and powers of the Employer's representative;

(3) the requirements of engineering design and construction documentation, the use of personnel and labor;

④ Inspection of engineering equipment, materials and processes;

(5) project acceptance, commencement, extension and suspension;

6. Project completion inspection, project handover and post-completion inspection;

All landowners engineering defect liability;

(8) Contract price, payment and change;

Pet-name ruby contractor or employer's default, risks and responsibilities;

Attending the first introduction of insurance, force majeure, claims, disputes, arbitration related requirements and workflow.

The second part is the compilation guide of special application conditions, which provides the author with the choice of various applicable clauses corresponding to the above-mentioned first part clauses, as well as some tips to standardize the compilation of FIDIC contract conditions and ensure that there is no ambiguity with the first part or the second part clauses.

The second part corresponds to the corresponding clauses in the first part, and prepares the second part of the contract conditions for specific engineering projects. Attached with the appendix to the tender and the format of the agreement, it provides an important and reliable basis for the preparation of the tender, bidding and contract implementation.

The conditions of this contract are of great use to bidding, design, construction, equipment procurement, arbitration and insurance, as well as engineering management, consulting, supervision, engineering technology and scientific research personnel. Widely used in international civil engineering contracting.

FIDlC contracts can be used for international contracted projects and are widely used. The terms in the Special Conditions may negate the terms in the General Conditions, and vice versa.

At present, the World Bank's loan projects in China are all based on this as project contract conditions.

(4) European EDF contract documents

The European Development Fund (EDF) has also compiled a set of contract conditions for the international civil engineering projects undertaken by the Fund, so it is called EDF equivalent conditions.

The original and latest editions of EDF contract conditions are based on French laws and administrative regulations, which belong to the contract terms of continental law system.

One of the characteristics of EDF contract conditions is that local EDF representatives in countries receiving EDF loans often intervene to solve disputes or problems between owners (contractors) of EDF loan projects. In this way, the role of EDF in informal dispute mediation has actually become a part of this contract. Therefore, EDF contract conditions cannot be used for projects that do not fall within the scope of EDF loans. How to deal with the different practices of construction contracts between Britain and France is a difficult problem, which limits the application of EDF contract conditions.

(5) American civil engineering construction contract documents

(1) AIA contract documents. AIA stands for American Institute of Architects and American Institute of Architects. American Institute of Architects has high authority and credibility in American construction industry and international engineering contracting industry. The general terms and conditions of this contract have been recognized and signed by American General Contractors Association, and are legally binding on both parties. With the progress of engineering practice, the contract documents formulated by AIA have been continuously revised, enriched and improved, and now there are more than 30 contract documents and formats.

A. consulting contract documents (AIA-b 14 1). The consulting contract document formulated by the American Institute of Architects (AIA) is "the standard format of the agreement between the owner and the architect", which was published in July 1977 with the version of 13. This document is abbreviated as AIA Contract Document -B 14 1. It stipulates the way for the owner to sign the consulting service contract with the architect. * * * There are 14 main clauses in the contract, and there are several sub-clauses under each main clause. The subject clause of 14 is as follows. Services and responsibilities of architects; Owner's responsibility; Project cost; Direct expenses of personnel; Reimbursable expenses; Remuneration to architects; Accounting records of architects; Ownership of documents and its application; Arbitration; Termination of the agreement; Other terms; Heirs and their designation; Scope of agreement; Calculation of remuneration.

B. Engineering contract documents (AIA-A20 1). The American Institute of Architects has formulated the contract conditions of civil engineering construction, that is, the General Conditions of Construction Contract, which was published in 13 in August 2006 1976. This document is called AIA Contract Document -A20 1 for short. It stipulates the rights and obligations among the owners, architects, contractors and subcontractors, including 14 theme clauses and many sub-clauses, with 36 sub-clauses under one theme clause. 14 the subject clauses are as follows: contract documents; Architect; Owner; Contractor; Subcontractor; Work completed by the owner or other contractors; Other provisions; Duration; Construction and payment; Protect people and property; Insurance; Engineering change; Engineering change order; Termination of the contract. When the contract documents are specifically applicable to a project, the contract terms specific to the project should be supplemented, such as project location, project scope, commencement and completion, taxes and fees, temporary facilities and construction drawings.

(2) American EJCDC contract documents. EJCDC is the abbreviation of the Engineer Joint Contract Documentation Committee, and it is also the abbreviation of the American Engineer Joint Contract Committee. EJCDC has formulated the standard general terms and conditions of construction contracts and published the first edition in 198 1, which is comprehensive and enjoys a high reputation in the field of engineering contracting in the United States. The contract conditions * * * include 17 main clause, and there are several sub-clauses under the main clause. 17 The content of the subject clause is as follows. A. definition; B. preliminary work; C. contract documents; D. Construction land occupation, site conditions and matters needing attention; E. letter of guarantee and insurance; Contractor's responsibilities; G. field work; H. owner's responsibility; First, the position of supervision engineer in construction; J. engineering changes; K. contract price adjustment; 1. Adjustment of contract term; M. Guarantee and guarantee, test and inspection, repair, demolition and acceptance of defective projects; N. payment to the contractor and completion; O. suspension and termination of works; P. arbitration; Q: Others.

③ AGCA contract documents of the United States. AGCA stands for United General Contractor. 1in August, 984, the organization formulated and published the subcontract format of construction subcontract, referred to as AGCA Contract Document No.600 for short. The standard format of the subcontract stipulates the rights and obligations between the general contractor and the subcontractor, as well as specific matters such as quality, construction period, cost, payment and change, breach of contract, etc. This is a good reference text for subcontracts.

(6) Civil engineering in Japan

The contract document has Japanese standard contract conditions for construction projects, which was formulated by the Central Construction Industry Review Committee of Japan in February 1950, and has been revised many times since then. The conditions of this contract are applicable to government projects and civil projects in Japan. When Japanese construction enterprises contract projects abroad, they mainly rely on FIDIC contract conditions or contract conditions proposed by employers in the country where the project is located.

(7) German civil engineering contract documents

There is a contract law in German civil law, which is aimed at general civil problems and does not specify construction contracts in detail. Therefore, from 192 1 to 1926, the bidding and contracting regulations applicable to construction projects, referred to as VOB, were compiled. This bidding and contracting regulation is not a construction law or a formal law, but a regulation or regulation. However, the Regulations on Bidding and Contracting stipulates that all projects invested by the state must strictly abide by these regulations. As for the private construction of houses or factories, it is not necessarily in accordance with these regulations, and it is negotiated by private parties.

The Regulations on Construction Bidding and Contracting was revised in 1947, and the current version was compiled and promulgated in June 1978, which mainly consists of the following three parts: A. VOB General Provisions on Construction Bidding, DIN1960; ; B. VOB Part B "General Contract Conditions for Building Construction, DINL 961"; C. VOB Part C "General Technical Specification for Building Engineering, DINl962", including the technical specifications of various sub-projects.

Part VOB-A is not part of the contract, but part VOB-B and VOB-C are part of the contract. VOB is generally only applicable to Germany.

(8) China and Hongkong civil engineering contract documents.

The contract conditions adopted in China and Hongkong mainly include: a. The standard format of construction project contract, including agreement and contract conditions, consists of 36 articles, which are applicable to civil and housing construction projects; B. The agreements and contract documents of the Hong Kong Housing Department related to construction projects, including the agreement and contract conditions 1 17, are applicable to housing construction projects.

The above two contract conditions are generally prepared according to the contract conditions of F 1DIC, but the specific conditions of China and Hongkong are considered.

(9) Chinese mainland civil engineering contract documents.

① Version of contract conditions of the Ministry of Finance. The version of the contract conditions of the Ministry of Finance is mainly revised according to FIDIC's fourth edition "Conditions of Contract for Civil Engineering Construction".

It has been published with the title of "Model Bidding Document for World Bank Loan Project Procurement", which is divided into three volumes: Volume I, Volume II and Volume III. Projects built with foreign loans are subject to international open competitive bidding and written in English, with 78 general contract conditions; Domestic competitive bidding projects are written in Chinese, with 44 general conditions.

② Model contract between China State Administration for Industry and Commerce and Ministry of Construction. 1991March, China's State Administration for Industry and Commerce and the Ministry of Construction jointly issued the "Construction Contract for Construction Projects", as a model contract for domestic construction projects, which can be mainly used for industrial and civil buildings.

(3) Template of International Bidding Document for Highway Engineering of Ministry of Communications. Entrusted by the Industry Management Department of the Ministry of Communications, Shaanxi Provincial Communications Department has compiled a Chinese version, which has been published. The title is "Demonstration Document of International Bidding for Highway Engineering", including FIDIC's general contract conditions and special contract conditions combined with national conditions, which can be used as a reference text for international bidding documents of highway engineering.

(4) Model of domestic bidding documents for highway engineering of the Ministry of Communications. Entrusted by the Industry Management Department of the Ministry of Communications, it was compiled by the relevant departments of Yunnan, Sichuan and other provinces and published by People's Communications Publishing House, including the general terms and conditions of the contract, which can be used as a reference text for domestic bidding documents of highway projects.

6. General Conditions of Contract

The general terms and conditions of the contract include the following.

① General terms: definition, interpretation, language and law, decision of project supervisor, authorization, communication, subcontracting, risks of other contractors, risks of personnel, owners and contractors, risks of owners, risks of contractors, insurance, on-site investigation reports, guarantees, issues related to special terms of contracts, implementation of projects by contractors, completion of projects according to planned completion date, approval of project supervisors, safety and environmental protection, and unexpected discovery.

② Time limit control: schedule planning, extension of expected completion date, acceleration of schedule, extension of engineering supervision instruction, management meeting and advance notice.

③ Quality control: identify defects, test, correct defects and uncorrected defects.

(4) Cost control: bill of quantities, engineering quantity change, change, change payment, cash demand estimation, payment certificate, payment, compensation events, taxes, price adjustment, retention money, delay compensation fee, advance payment, deposit, daily salary, tentative amount and repair fee.

⑤ Completion of the contract: completion, receipt, final accounts, operation and maintenance manual, termination of the contract, payment upon termination of the contract, property, invalidity of the contract, suspension of loans or credits by banks, Asian banks or the World Bank.

7. Special terms and conditions of the contract

The special terms and conditions of the contract can be formulated in China or combined with the specific conditions of this project. This is mainly aimed at some special terms of a specific project, including some explanations and supplements to the previous general contract terms, such as: mediator, contract name, contract number, owner's name and address, supervision unit, addendum to the general contract terms, completion Et period, date when the owner provides the site, defect liability period, advance payment ratio, specific ways and amounts of project rewards and punishments, etc.

8. Principles of contract interpretation

(1) The special contract terms take precedence over the general contract terms, because the special contract terms are more closely combined with the actual situation of the project and have more practical significance and function.

(2) Specific provisions take precedence over general provisions, such as the meaning of words such as reinforced concrete simply supported T-beam takes precedence over beam bridge in bridge engineering.

(3) The written terms take precedence over the typing terms, and the typing terms take precedence over the printing terms. In contract documents, especially agreements and meeting minutes, handwritten signatures are required to make the meaning of the contract more clear and prudent.

④ The unit price takes precedence over the total price, and the written expression of the price takes precedence over Arabic numerals. For example, an engineering company submitted a tender for a bridge project with a total offer of $2 million. The quotation of a sectional project is expressed as $969,800 in Arabic numerals, but it is expressed as "$969,800" in words. The owner interprets the contract documents according to the principle that the written expression of the marked price is superior to the Arabic numeral expression. Based on the written expression, the total quotation is "1 039,898 USD", and the owner decides to award the contract to him. After the contractor refused to accept the project, the owner confiscated the contractor's bid bond.

⑤ Technical specifications take precedence over drawings. If the details and specific requirements of the project are specified in the technical specification, even if they are omitted from the construction drawing, the detailed items should be supplemented according to the requirements of the technical specification.

⑥ The principle of antonym priority means that when there are contradictions and ambiguities in the contract documents, which lead to two different interpretations and understandings of the contract terms, the contract terms should be interpreted with the contrary intention of the contract drafter, not the intention of the contract drafter.

⑦ The principle of quantity priority should be discussed according to the specific quantity regulations.

(8) The principle of good faith generally accepted by laws of various countries is one of the basic principles for interpreting contracts. Its meaning means that when signing and executing a contract, the parties should be honest and trustworthy, pay attention to credit, and cooperate in good faith to fulfill the obligations stipulated in the contract, and must not evade the law and the contract. Therefore, the law holds that the parties to the contract have carefully read and understood the contract documents before signing the contract, and all understand that the contract is the expression of true meaning, so as to know what they think, say what they think and say what they know. Only when all parties to the contract understand and sincerely implement the terms of the contract can the objectives of the project contract be successfully realized.

The above are internationally recognized principles of contract interpretation. We must attach importance to these principles when writing a contract.

9. Technical conditions

Relevant technical specifications can be based on the different countries where the project is located, adopting the technical specifications and standards of relevant countries or the self-made engineering specifications and standards of specific projects. Technical specifications vary according to the technical requirements of specific projects.

10. Bid Form and Bid Bond

Tender writing has a general or special format for project bidding, which can be written as needed. In order to ensure the seriousness of the bidding work and the smooth progress of the bidding work, the tenderer shall pay the bid bond to the tenderer while receiving the tender and construction drawings. The bid bond is generally written at 0.5 ‰ ~ 1 ‰ of the project cost.

1 1. Bill of quantities, daywork list and tender list (list of supplementary materials)

According to the terms of the contract, technical specifications, engineering drawings and engineering contents and conditions, list the quantities and daywork list or material list. The list includes a summary table and a detailed table. General international public bidding and domestic bidding projects have certain design drawings and bill of quantities, which will be included in the tender writing. Bill of quantities and drawings are the basis for bidders to bid.

12. Qualification information format

The contents of qualification examination include: ① the general situation, history and service scope of the bidding engineering company; ② Ability, experience and achievements in implementing the project; (3) Capital or financial status; (4) The current workload; ⑤ Knowledge and experience in the area where the project subject to tender is located; 6. Experience of the main personnel undertaking the project; ⑦ Have undertaken the performance of engineering projects of similar nature and scale; List of recommended suppliers or subcontractors, etc. ; Pet-name ruby enterprise registration certificate and technical level; Attending the main construction experience; Attending the introduction of technical force; ⑥ Introduction of construction machinery and equipment.

13. Format of contract agreement, letter of guarantee and letter of acceptance

Its writing has a general or special format for engineering bidding, which can be written as required. The bank guarantee issued by the general bank is 5% of the contract price; The performance bond is 10% of the contract price.

14. Drawing catalogue and drawings

Collect and sort out the engineering design drawings made by the design research unit entrusted by the owner and write them into the tender.

15. Reference

Engineering questions and answers, minutes of bidding meeting and related engineering documents can be collected here.

16. principles and methods of bid evaluation

According to the Bidding Law and the Model Bidding Document of the Ministry of Construction, the contents of bidding documents should include the principles, standards and methods of bid evaluation.