Note
- 19/2/2023: Punctuation style changed.
- 10/1/2023: Sample clauses added in place of Special notes.
- 20/12/2014: Moved from wiki.
Purpose
- For the Tenderer to state his offer.
Usual contents
- Tender Sum.
- Alternative tenders or options.
- Discrepancies between words and figures.
- Completion times.
- Confirmation of acceptance of amendments to the Standard Form of Main Contract and Sub-Contract / Special Conditions of Contract and Sub-Contract.
- Confirmation of incorporation of tender addenda.
- Confirmation of compliance with pro-forma surety bond.
- Tender validity period. 投標有效期
- Implications of withdrawal before expiry of the tender validity period (Complication of counter-offers during negotiation vs terms demanding irrevocable offer).
- Acknowledgement of acceptance constituting a binding contract.
- Acknowledgement of temporary acceptance in the case of Nominated Sub-Contracts.
- Acknowledgement of no obligation to award to the lowest or any.
- Registered address (may be different from letter head).
- Signature of Form of Tender (name and position of signatory).
Sample clauses
FORM OF TENDER
for
THE CONSTRUCTION
of
THE PROPOSED <BUILDING>
at
<ADDRESS>
for
<EMPLOYER>
To: <Employer>
1. Tender Sum
Having inspected the Site, and examined the Articles of Agreement, Conditions of Contract, Drawings, Specification and <Bills of Quantities> <Schedule of Quantities and Rates> for the execution of the above named Works, I/we offer to execute, complete and maintain the whole of the said Works in conformity with the said Articles of Agreement, Conditions of Contract, Drawings, Specification and <Bills of Quantities> <Schedule of Quantities and Rates> for the sum of Hong Kong Dollars (HK$ ) or such sum as may be ascertained in accordance with the Contract.
<Note: For stating the offered tender sum.>
<Alternative for alternative tenders:>
<Having inspected the Site, and examined the Articles of Agreement, Conditions of Contract, Drawings, Specification and <Bills of Quantities> <Schedule of Quantities and Rates> for the execution of the above named Works, I/we offer to execute, complete and maintain the whole of the said Works in conformity with the said Articles of Agreement, Conditions of Contract, Drawings, Specification and <Bills of Quantities> <Schedule of Quantities and Rates> for the following sum or such sum as may be ascertained in accordance with the Contract:
(a) Basic Tender A - <Short description> : Hong Kong Dollars (HK$ ), or
(b) Alternative Tender B - <Short description> :Hong Kong Dollars (HK$ ), or
(c) Alternative Tender C - <Short description> :Hong Kong Dollars (HK$ ).>
2. Contract Period
2.1 I/We undertake if my/our tender is accepted to complete the Works comprised in this Contract within <> calendar days (including Sundays and holidays and days of inclement weather) commencing on the Date for Possession of the Site <Date for Entering the Site> or within such extended time as may be authorised under the Contract.
<Note: State the number of calendar days here instead of in the Preliminaries for easy reference. Information should not be duplicated to avoid discrepancies. Delete "days of inclement weather if extension of time grantable for inclement weather.>
2.2 I/We would also like to propose that if the time required to complete the Works as stated in Clause 2.1 above is revised to “ …. within calendar days …. ”, the Tender Sum stated in Clause 1 above shall be INCREASED/DECREASED (delete as appropriate) by HK$ .
<Note: Give an option for the Tenderer to state the cost implication of an alternative number of calendar days proposed by him. This would enable the tenders to be compared first on the same basis of the pre-stated calendar days.>
<2.1 I/We undertake if my/our tender is accepted to complete the Works comprised in this Contract within the times stated below or within such extended times as may be authorised under the Contract:
(a) Basic Tender A - <Short description>: within <> calendar days (including Sundays and holidays and days of inclement weather) commencing on the Date for Possession of the Site <Date for Entering the Site>; or
(b) Alternative Tender B - <Short description>: within <> calendar days (including Sundays and holidays and days of inclement weather) commencing on the Date for Possession of the Site <Date for Entering the Site>; or
(c) Alternative Tender C - <Short description>: within <> calendar days (including Sundays and holidays and days of inclement weather) commencing on the Date for Possession of the Site <Date for Entering the Site>.>
<Note: This is to be used in case of prescribed alternative tenders.>
3. Optional items
Further to Clauses 1, 2.1 and 2.2 above, the cost and time implications of the following optional items are:
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Description |
Addition to the Tender Sum (HK$) |
Addition to the Contract Period (calendar days) |
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(a) |
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(b) |
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No change to the Contract Period |
4. Special Conditions of Contract and Special Conditions of Nominated Sub-Contract
I/We are aware of and accept the amendments to the Form of Contract as described in the “Special Conditions of Contract” Section and the amendments to the Standard Conditions of Nominated Sub-Contract as described in the “Special Conditions of Nominated Sub-Contract” Section issued with the Tender Documents.
5. Tender addenda
I/We confirm that my/our tender has taken into consideration all tender addenda issued to us prior to the date hereof.
6. Surety bond
I/We agree to provide a Bond in the amount specified in the Appendix to the General Conditions of Contract for the due performance of the Contract in the form as shown in Schedule 1 of the General Conditions of Contract (as amended by the Special Conditions of Contract).
<Note: The above three declarations are to avoid the Tenderer from declaring ignorance of the requirements.>
7. Tender validity period
I/We agree to abide by this tender for a period of two months from the date fixed for receiving the same and it shall remain binding upon me/us and may be accepted at any time before the expiration of that period.
8. Tender award
8.1 Unless and until a formal agreement is prepared and executed, this tender, together with the written acceptance thereof by the Employer or the Architect on his behalf subject to the provisions of Clause 7 hereof, shall constitute a binding Contract.
8.2 I/We understand that the Employer is not bound to accept the lowest or any tender which he may receive.
Signature
Name
in the capacity of
duly authorised to sign tenders for and on behalf of *
Registration number as BD Registered <General Building> Contractor valid till
Business registration certificate number valid till
Registered address of company
Tel Fax
Date
Witness
Witness Address
If a tender is being made by a partnership or an unincorporated body, the names and residential addresses of all partners shall be given in the spaces provided below.
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Names of Partners |
Residential Addresses of Partners |
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* In the case of a limited Company, insert the name of the Company.
(added, 10/1/2023)