ISO 10845-4-2011 Construction procurement - Part 4 Standard conditions for the calling for expressions of interest《建筑采购 第4部分 项目意向书要求的标准条件》.pdf

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1、 Reference number ISO 10845-4:2011(E) ISO 2011INTERNATIONAL STANDARD ISO 10845-4 First edition 2011-01-15 Construction procurement Part 4: Standard conditions for the calling for expressions of interest Marchs de construction Partie 4: Conditions-types normalises pour appel aux parties intresses ISO

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5、ven below. COPYRIGHT PROTECTED DOCUMENT ISO 2011 All 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 th

6、e address below or ISOs member body in the country 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 10845-4:2011(E) ISO 2011 All ri

7、ghts reserved iiiContents Page Foreword iv Introduction.v 1 Scope1 2 Terms and definitions .1 3 General requirements .3 3.1 Actions3 3.2 Supporting documents .3 3.3 Interpretation .3 3.4 Communication and employers agent .3 4 Respondents obligations.3 4.1 Eligibility.3 4.2 Cost of submissions .4 4.3

8、 Checking documents 4 4.4 Acknowledging addenda 4 4.5 Clarification meetings.4 4.6 Seeking clarification4 4.7 Making a submission 4 4.8 Information and data to be completed 4 4.9 Closing time .4 4.10 Clarification of submission 5 5 Employers undertakings5 5.1 Responding to clarification 5 5.2 Issuin

9、g addenda 5 5.3 Late submissions 5 5.4 Opening of submissions.5 5.5 Non-disclosure 5 5.6 Grounds for rejection and disqualification.5 5.7 Test for responsiveness .5 5.8 Non-responsive submissions 6 5.9 Evaluation of responsive submissions.6 5.10 Providing written reasons for actions taken 6 Annex A

10、(informative) Commentary7 Annex B (informative) Submission data.14 Annex C (informative) Evaluating expressions of interest.18 Bibliography20 ISO 10845-4:2011(E) iv ISO 2011 All rights reservedForeword ISO (the International Organization for Standardization) is a worldwide federation of national sta

11、ndards bodies (ISO member bodies). 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 or

12、ganizations, governmental and 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 give

13、n in the ISO/IEC Directives, Part 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 7

14、5 % of the member bodies casting 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 10845-4 was prepared by Technical Committee ISO/TC 59, B

15、uildings and civil engineering 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 conditio

16、ns for the calling for expressions 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

17、 ISO 10845-4:2011(E) ISO 2011 All rights reserved vIntroduction 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 completi

18、on of a major deliverable or 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 sh

19、aped by the policy of an organization. Methods and procedures can likewise be documented and linked to processes. Expressions of interest request potential tenderers to register their interest in undertaking a specific contract or to participate in a project or programme and to submit their credenti

20、als so that they can be invited to submit a tender offer should they qualify or be selected to do so. Conditions for the calling for expressions of interest are required to establish procedures from the time that expressions of interest are called for to the time that respondents are invited to subm

21、it tender offers or are admitted to a database. Such conditions document the procedures, the manner in which those engaged in these processes are to behave, the obligations of the respondent, and the undertakings of the employer. INTERNATIONAL STANDARD ISO 10845-4:2011(E) ISO 2011 All rights reserve

22、d 1Construction procurement Part 4: Standard conditions for the calling for expressions of interest 1 Scope This part of ISO 10845 sets out standard conditions for the calling for expressions of interest which a) bind the employer and respondent to behave in a particular manner, b) establish what is

23、 required for a respondent to submit a compliant submission, c) make known to respondents the evaluation criteria, and d) establish the manner in which the employer conducts the process of calling for expressions of interest. This part of ISO 10845 is intended for use in procurements relating to goo

24、ds, services and construction works and certain disposals other than by auction. NOTE 1 Annex A contains commentary on the clauses in this part of ISO 10845. Annex B provides guidance on how to develop the submission data for a call for expressions of interest using this part of ISO 10845. NOTE 2 IS

25、O 10845-2 establishes the manner in which calls for expressions of interest should be formatted and compiled. The standard conditions contained in this part of ISO 10845 can, by reference, be incorporated in procurement documents formatted and compiled in accordance with the provisions of ISO 10845-

26、2. 2 Terms and definitions For the purposes of this document, the following terms and definitions apply. 2.1 conflict of interest any situation in which someone in a position of trust has competing professional or personal interests which make it difficult for him to fulfil his duties impartially, a

27、n 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 between an employee and the organization which employs that employee ISO 10845-1:2010, definition 3.

28、8 2.2 corrupt practice offering, giving, 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. ISO 10845-4:2011(E) 2 ISO 2011 All rights reserved2.3 employer person or org

29、anization intending to or entering into the contract with the contractor for the provision of goods, services, or engineering and construction works ISO 10845-1:2010, definition 3.17 2.4 expression of interest request for respondents to register their interest in undertaking a specific contract or t

30、o participate in a project or programme and to submit their credentials so they may, in terms of the organizations procurement procedures, be invited to submit a tender offer should they qualify or be selected to do so ISO 10845-1:2010, definition 3.18 2.5 fraudulent practice misrepresentation of th

31、e 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 at artificial levels NOTE Adapted from ISO 10845-1:2010, definition 3.20. 2.6 organization company, fi

32、rm, enterprise, association or other legal entity, whether incorporated or not, or a public body ISO 10845-1:2010, definition 3.23 2.7 quality totality of features and characteristics of a product or service that bears on the ability of the product or service to satisfy stated or implied needs ISO 1

33、0845-1:2010, definition 3.35 2.8 respondent person or organization that submits an expression of interest in response to an invitation to do so ISO 10845-1:2010, definition 3.36 2.9 submission data document that establishes the respondents obligations in responding to a call for an expression of int

34、erest and the employers undertakings in administering the process of calling for and receiving expressions of interest ISO 10845-1:2010, definition 3.39 ISO 10845-4:2011(E) ISO 2011 All rights reserved 33 General requirements 3.1 Actions The employer and each respondent submitting an expression of i

35、nterest shall comply with the standard conditions for calling for an expression of interest in this part of ISO 10845. 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, honestl

36、y and transparently, comply with all legal obligations and not engage in anti-competitive practices. The employer and the respondent and all their agents and employees involved in the submission process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare

37、 any such conflict of interest, indicating the nature of such conflict. Respondents shall declare any potential conflict of interest in their submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement pr

38、ocess at the 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 respondent shall not make a submission withou

39、t having a firm intention and the capacity to proceed with the next stage of the procurement process. NOTE 1 A conflict of interest can exist even if there are no improper acts as a result of it. This can arise due to a conflict of roles which might provide an incentive for improper acts in some cir

40、cumstances 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. NOTE 2 Conflicts of interest with respect to those engaged in the procurement process include direct,

41、indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which can in any way affect any decisions taken. 3.2 Supporting documents The documents issued by the employer for the purpose of obtaining expressio

42、ns of interest are listed in the submission data. 3.3 Interpretation The submission data and additional requirements contained in the submission schedules that are included in the returnable documents are deemed to be part of the conditions for the calling for expressions of interest. 3.4 Communicat

43、ion and employers agent Each communication between the employer and a respondent shall be to or from the employers agent only, and in a form that can be readily read, copied and recorded, and in the language stated in the submission data. The employer shall not take any responsibility for non-receip

44、t of communications from or by a respondent. The name and contact details of the employers agent are stated in the submission data. 4 Respondents obligations Respondents shall comply with the following obligations. 4.1 Eligibility Submit an expression of interest only if the respondent satisfies the

45、 eligibility criteria stated in the submission data and if the respondent or any of the respondents principals is not under any restriction to do business with the employer. ISO 10845-4:2011(E) 4 ISO 2011 All rights reserved4.2 Cost of submissions Accept that the employer does not compensate respond

46、ents for any costs incurred in the preparation and delivery of a submission. 4.3 Checking documents Check the submission documents on receipt and notify the employer of any discrepancy or omission. 4.4 Acknowledging addenda Acknowledge receipt of addenda to the submission documents, which the employ

47、er may issue, and, if necessary, apply for an extension to the closing time stated in the submission data, in order to take the addenda into account. 4.5 Clarification meetings Attend, where required, clarification meetings, the details of which are stated in the submission data, at which respondent

48、s may familiarize themselves with the proposed work, services or supply (and location, etc.) and raise questions. 4.6 Seeking clarification Request clarification of the submission documents, if necessary, by notifying the employer at least five working days before the closing time stated in the subm

49、ission data. 4.7 Making a submission Return all returnable documents and the number of copies of such documents stated in the submission data to the employer after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink. Seal the original and each copy of the submission as separate packages, marking the packages as “ORIGINAL” and “COPY”. Each package shall state, on the outside, the employers address and identification