ISO 10845-3:2021
(Main)Construction procurement — Part 3: Standard conditions of tender
Construction procurement — Part 3: Standard conditions of tender
This document sets out standard conditions of tender which bind the employer and tenderer to behave in a particular manner, establish what a tenderer is required to do in order to submit a compliant tender, make known the evaluation criteria to tenderers, and establish the manner in which the employer conducts the process of offer and acceptance and provide the necessary feedback to tenderers on the outcomes of the process. This document is intended for use in procurements relating to goods, services and construction works and disposals other than by auction.
Marchés de construction — Partie 3: Conditions types normalisées des soumissions
General Information
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Standards Content (Sample)
INTERNATIONAL ISO
STANDARD 10845-3
Second edition
2021-07
Construction procurement —
Part 3:
Standard conditions of tender
Marchés de construction —
Partie 3: Conditions types normalisées des soumissions
Reference number
ISO 10845-3:2021(E)
©
ISO 2021
---------------------- Page: 1 ----------------------
ISO 10845-3:2021(E)
COPYRIGHT PROTECTED DOCUMENT
© ISO 2021
All rights reserved. Unless otherwise specified, or required in the context of its implementation, no part of this publication may
be reproduced or utilized otherwise in any form or by any means, electronic or mechanical, including photocopying, or posting
on the internet or an intranet, without prior written permission. Permission can be requested from either ISO at the address
below or ISO’s member body in the country of the requester.
ISO copyright office
CP 401 • Ch. de Blandonnet 8
CH-1214 Vernier, Geneva
Phone: +41 22 749 01 11
Email: copyright@iso.org
Website: www.iso.org
Published in Switzerland
ii © ISO 2021 – All rights reserved
---------------------- Page: 2 ----------------------
ISO 10845-3:2021(E)
Contents Page
Foreword .v
Introduction .vi
1 Scope . 1
2 Normative references . 1
3 Terms and definitions . 1
4 General requirements . 3
4.1 Actions . 3
4.2 Tender documents . 4
4.3 Interpretation . 4
4.4 Communication and employer's agent . 4
4.5 Employer's right to accept or reject any tender offer . 4
4.6 Procurement procedures . 4
4.6.1 General. 4
4.6.2 Competitive negotiation procedure . 5
4.6.3 Proposal procedure using the two-stage tendering system . 5
5 Tenderer's obligations . 5
5.1 Eligibility . 5
5.1.1 Submit a tender offer . 5
5.1.2 Notify the employer. 6
5.2 Cost of tendering . 6
5.3 Checking documents . 6
5.4 Confidentiality and copyright of documents . 6
5.5 Reference documents . 6
5.6 Acknowledging addenda . 6
5.7 Clarification meeting. 6
5.8 Seeking clarification . 6
5.9 Insurance . 6
5.10 Pricing the tender offer. 7
5.11 Alterations to documents . 7
5.12 Alternative tender offers . 7
5.13 Tender submissions . 7
5.13.1 General submission requirements . 7
5.13.2 Signatures . 7
5.13.3 Tender securities . 8
5.13.4 Inclusion of certificates . 8
5.13.5 Sealing of documents . 8
5.13.6 Employer's acceptance of tender submissions . 8
5.14 Information and data to be completed in all respects . 8
5.15 Closing time . 8
5.16 Tender offer validity . 9
5.16.1 Period of validity . 9
5.16.2 Withdrawal of tenders . 9
5.17 Clarification of tender offer after submission . 9
5.18 Other material . 9
5.19 Inspections, tests and analysis . 9
5.20 Submitting securities, bonds, policies, etc. . 9
5.21 Checking final draft . 9
5.22 Returning other tender documents .10
6 Employer's undertakings .10
6.1 Responding to requests from the tenderer .10
6.1.1 Requests for clarifications .10
6.1.2 Requests to change qualifying requirements .10
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ISO 10845-3:2021(E)
6.2 Issuing addenda .10
6.3 Returning late tender offers .10
6.4 Opening of tender submissions .10
6.5 Two-envelope system .11
6.6 Non-disclosure .11
6.7 Grounds for rejection and disqualification .11
6.8 Test for responsiveness .11
6.9 Arithmetical errors, omission and discrepancies .12
6.10 Clarification of a tender offer .12
6.11 Evaluation of tender offers .12
6.11.1 General.12
6.11.2 Method 1: financial offer .12
6.11.3 Method 2: financial offer and quality .13
6.11.4 Method 3: financial offer and preferences .13
6.11.5 Method 4: financial offer, quality and preferences .14
6.11.6 Decimal places .14
6.11.7 Scoring financial offers .14
6.11.8 Scoring preferences .15
6.11.9 Scoring quality .15
6.12 Insurance provided by the employer .15
6.13 Acceptance of a tender offer .15
6.14 Preparing contract documents .16
6.15 Completing adjudicator's contract .16
6.16 Notice to successful and unsuccessful tenderers .16
6.17 Providing copies of the contracts .16
6.18 Returning of tender securities .16
6.19 Providing written reasons for actions taken .16
Annex A (informative) Commentary .18
Annex B (informative) Tender data .37
Annex C (informative) Evaluating tender offers .44
Annex D (informative) Example of a tender security .62
Annex E (informative) Evaluation reports .63
Annex F (informative) Impact of different formulae and weightings in the scoring of
methods 2, 3 and 4 .66
Bibliography .71
iv © ISO 2021 – All rights reserved
---------------------- Page: 4 ----------------------
ISO 10845-3:2021(E)
Foreword
ISO (the International Organization for Standardization) is a worldwide federation of national standards
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
organizations, 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.
The procedures used to develop this document and those intended for its further maintenance are
described in the ISO/IEC Directives, Part 1. In particular, the different approval criteria needed for the
different types of ISO documents should be noted. This document was drafted in accordance with the
editorial rules of the ISO/IEC Directives, Part 2 (see www .iso .org/ directives).
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. Details of
any patent rights identified during the development of the document will be in the Introduction and/or
on the ISO list of patent declarations received (see www .iso .org/ patents).
Any trade name used in this document is information given for the convenience of users and does not
constitute an endorsement.
For an explanation of the voluntary nature of standards, the meaning of ISO specific terms and
expressions related to conformity assessment, as well as information about ISO's adherence to the
World Trade Organization (WTO) principles in the Technical Barriers to Trade (TBT), see www .iso .org/
iso/ foreword .html.
This document was prepared by Technical Committee ISO/TC 59, Buildings and civil engineering works,
Subcommittee SC 18, Construction procurement.
This second edition cancels and replaces the first edition (ISO 10845-3:2011), which has been
technically revised.
The main changes compared to the previous edition are as follows:
— definitions and parts of the text have been updated and aligned with other parts of the ISO 10845
series;
— the methods for evaluating tenders have been modified and the implications of choices made in
applying such methods explained;
— an informative annex on the formulation of evaluation reports has been added.
A list of all parts in the ISO 10845 series can be found on the ISO website.
Any feedback or questions on this document should be directed to the user’s national standards body. A
complete listing of these bodies can be found at www .iso .org/ members .html.
© ISO 2021 – All rights reserved v
---------------------- Page: 5 ----------------------
ISO 10845-3:2021(E)
Introduction
Procurement is the process which creates, manages and fulfils contracts. There are accordingly three
phases to the procurement process associated with the delivery and maintenance of construction
works, namely:
— a planning phase during which decisions are made as to what, where and when goods and services
are required, how the market is to be engaged and what is the number, type, nature and timing of
the required contracts;
— an acquisition phase during which contracts are entered into following the execution of a selection
method; and
— a contract management (or contract administration) phase during which compliance with
requirements, changes in requirements and risk events which manifest during the execution of
contracts are managed.
Conditions of tender are required to establish procedures from the time that tenders are invited to the
time that a contract is awarded. Such conditions document the procedures, the manner in which those
engaged in the procurement process are to behave, the obligations of the tenderer and the undertakings
of the employer.
Annex A provides background information on this document, guidance on its use and suggestions
on good practice. Annex B provides guidance on how to develop the tender data for a procurement
document using this document. Annexes C and E offer guidance on the evaluation of tenders and the
structuring of evaluation reports, respectively. Annex D provides an example of a tender security.
Annex F provides insights into the use of different formulae and weightings in the scoring of tender
offers during the evaluation process,
ISO 10845-2 establishes the manner in which procurement documents should be formatted and
compiled. The standard conditions contained in this document can by reference be incorporated in
procurement documents formatted and compiled in accordance with the provisions of ISO 10845-2.
ISO 10845-4 establishes requirements relating to pre-qualification of tenderers who are invited to
submit a tender offer in terms of certain selection methods described in ISO 10845-1.
This document is part of the ISO 10845 series which covers various aspects of procurement within the
construction industry. Each part of the ISO 10845 series relates to a different aspect of procurement.
The objective of the ISO 10845 series is to provide a generic and standard set of processes, procedures
and methods for a procurement system that is fair, equitable, transparent, competitive and cost-
effective and which can be used to promote objectives additional to those associated with the immediate
objective of the procurement itself.
vi © ISO 2021 – All rights reserved
---------------------- Page: 6 ----------------------
INTERNATIONAL STANDARD ISO 10845-3:2021(E)
Construction procurement —
Part 3:
Standard conditions of tender
1 Scope
This document sets out standard conditions 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 offer and acceptance and
provide the necessary feedback to tenderers on the outcomes of the process.
This document is intended for use in procurements relating to goods, services and construction works
and disposals other than by auction.
2 Normative references
There are no normative references in this document.
3 Terms and definitions
For the purposes of this document, the following terms and definitions apply.
ISO and IEC maintain terminology databases for use in standardization at the following addresses:
— ISO Online browsing platform: available at https:// www .iso .org/ obp
— IEC Electropedia: available at https:// www .electropedia .org/
3.1
bill of quantities
document for tendering, usually prepared in a standard form, comprising both a descriptive list of
quantities of works and descriptions of the materials, workmanship and other matters required for
construction works
[SOURCE: ISO 6707-2:2017, 3.5.11, modified — The preferred terms specific to the US have been
removed.]
3.2
bond
sum of money or securities submitted to the employer (3.8) or placed in the hands of a third party to
guarantee completion of the work and recovery of the sums which the contractor is recognized as
owing under the terms of the contract
[SOURCE: ISO 6707-2:2017, 3.5.40, modified — "client" has been replaced by "employer"; "of the work"
has been added after "completion".]
© ISO 2021 – All rights reserved 1
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ISO 10845-3:2021(E)
3.3
comparative offer
tenderer's (3.18) 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
3.4
conflict of interest
situation where business, financial, family, political or personal interests could interfere with the
judgment of persons in carrying out their duties for the organisation
[SOURCE: ISO 37001:2016, 3.29]
3.5
contract data
document that identifies the applicable conditions of a contract and states the associated contract-
specific data
[SOURCE: ISO 10845-1:2020, 3.8]
3.6
corrupt practice
offering, giving, receiving or soliciting of anything of value to influence the action of the employer (3.8)
or his staff or agents in the tender process
[SOURCE: ISO 10845-1:2020, 3.10, modified — "the procurement process or the administration of the
contract" has been replaced by "the tender process".]
3.7
eligibility criteria
criteria framed around the ability of a tenderer (3.18) to provide the required goods, services and
construction works or disposals, or any combination thereof, which need to be satisfied in order for a
submission to be evaluated
3.8
employer
person or organization (3.12) intending to or entering into a contract with the contractor to supply
goods, carry out construction works and/or provide services
[SOURCE: ISO 10845-1:2020, 3.15]
3.9
form of offer and acceptance
document that formalizes the legal process of offer and acceptance
3.10
fraudulent practice
misrepresentation of the facts in order to influence the tender process, or the award of a contract
arising from a tender offer (3.17) to the detriment of the employer (3.8), including collusive practices
intended to establish prices at artificial levels
[SOURCE: ISO 10845-1:2020, 3.18, modified — "or the administration of the contract including
compensation procedures" at the end has been removed.]
3.11
joint venture
two or more organizations (3.12) grouped together to carry out work and share the risks, where each is
jointly and severally liable for the actions and work of the other
[SOURCE: ISO 6707-2:2017, 3.8.3]
2 © ISO 2021 – All rights reserved
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ISO 10845-3:2021(E)
3.12
organization
company, firm, enterprise, association or other legal entity, whether incorporated or not, or public body
[SOURCE: ISO 10845-1:2020, 3.21]
3.13
quality
totality of features and characteristics of a product or service that bears on the ability of the product or
service to satisfy stated or implied needs
[SOURCE: ISO 10845-1:2020, 3.27]
3.14
returnable document
document that a tenderer (3.18) is required to complete and submit to the employer (3.8) as part of his
tender submission
3.15
scope of work
document that specifies and describes the goods, services, or 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
[SOURCE: ISO 10845-1:2020, 3.29, modified — Notes 1 and 2 to entry have been removed.]
3.16
tender data
document that establishes the tenderer's (3.18) obligations in submitting a tender and the employer's
(3.8) undertakings in administering the tender process and evaluating tender offers (3.17)
[SOURCE: ISO 10845-1:2020, 3.37]
3.17
tender offer
written offer to supply goods, carry out construction works and/or provide services under given
conditions, usually at a stated price, and which is capable of acceptance and conversion into a binding
contract
[SOURCE: ISO 10845-1:2020, 3.38]
3.18
tenderer
person or organization (3.12) that submits a tender offer (3.17)
[SOURCE: ISO 10845-1:2020, 3.39, modified — Note 1 to entry has been removed.]
4 General requirements
4.1 Actions
The 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 5 and 6, in a timely manner and with integrity, behave equitably, honestly and transparently,
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 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
© ISO 2021 – All rights reserved 3
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ISO 10845-3:2021(E)
any conflict of interest to whoever is responsible for overseeing the procurement process 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 f
...
INTERNATIONAL ISO
STANDARD 10845-3
Second edition
Construction procurement —
Part 3:
Standard conditions of tender
Marchés de construction —
Partie 3: Conditions types normalisées des soumissions
PROOF/ÉPREUVE
Reference number
ISO 10845-3:2021(E)
©
ISO 2021
---------------------- Page: 1 ----------------------
ISO 10845-3:2021(E)
COPYRIGHT PROTECTED DOCUMENT
© ISO 2021
All rights reserved. Unless otherwise specified, or required in the context of its implementation, no part of this publication may
be reproduced or utilized otherwise in any form or by any means, electronic or mechanical, including photocopying, or posting
on the internet or an intranet, without prior written permission. Permission can be requested from either ISO at the address
below or ISO’s member body in the country of the requester.
ISO copyright office
CP 401 • Ch. de Blandonnet 8
CH-1214 Vernier, Geneva
Phone: +41 22 749 01 11
Email: copyright@iso.org
Website: www.iso.org
Published in Switzerland
ii PROOF/ÉPREUVE © ISO 2021 – All rights reserved
---------------------- Page: 2 ----------------------
ISO 10845-3:2021(E)
Contents Page
Foreword .v
Introduction .vi
1 Scope . 1
2 Normative references . 1
3 Terms and definitions . 1
4 General requirements . 3
4.1 Actions . 3
4.2 Tender documents . 4
4.3 Interpretation . 4
4.4 Communication and employer's agent . 4
4.5 Employer's right to accept or reject any tender offer . 4
4.6 Procurement procedures . 4
4.6.1 General. 4
4.6.2 Competitive negotiation procedure . 5
4.6.3 Proposal procedure using the two-stage tendering system . 5
5 Tenderer's obligations . 5
5.1 Eligibility . 5
5.1.1 Submit a tender offer . 5
5.1.2 Notify the employer. 6
5.2 Cost of tendering . 6
5.3 Checking documents . 6
5.4 Confidentiality and copyright of documents . 6
5.5 Reference documents . 6
5.6 Acknowledging addenda . 6
5.7 Clarification meeting. 6
5.8 Seeking clarification . 6
5.9 Insurance . 6
5.10 Pricing the tender offer. 7
5.11 Alterations to documents . 7
5.12 Alternative tender offers . 7
5.13 Tender submissions . 7
5.13.1 General submission requirements . 7
5.13.2 Signatures . 7
5.13.3 Tender securities . 8
5.13.4 Inclusion of certificates . 8
5.13.5 Sealing of documents . 8
5.13.6 Employer's acceptance of tender submissions . 8
5.14 Information and data to be completed in all respects . 8
5.15 Closing time . 8
5.16 Tender offer validity . 9
5.16.1 Period of validity . 9
5.16.2 Withdrawal of tenders . 9
5.17 Clarification of tender offer after submission . 9
5.18 Other material . 9
5.19 Inspections, tests and analysis . 9
5.20 Submitting securities, bonds, policies, etc. . 9
5.21 Checking final draft . 9
5.22 Returning other tender documents .10
6 Employer's undertakings .10
6.1 Responding to requests from the tenderer .10
6.1.1 Requests for clarifications .10
6.1.2 Requests to change qualifying requirements .10
© ISO 2021 – All rights reserved PROOF/ÉPREUVE iii
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ISO 10845-3:2021(E)
6.2 Issuing addenda .10
6.3 Returning late tender offers .10
6.4 Opening of tender submissions .10
6.5 Two-envelope system .11
6.6 Non-disclosure .11
6.7 Grounds for rejection and disqualification .11
6.8 Test for responsiveness .11
6.9 Arithmetical errors, omission and discrepancies .12
6.10 Clarification of a tender offer .12
6.11 Evaluation of tender offers .12
6.11.1 General.12
6.11.2 Method 1: financial offer .12
6.11.3 Method 2: financial offer and quality .13
6.11.4 Method 3: financial offer and preferences .13
6.11.5 Method 4: financial offer, quality and preferences .14
6.11.6 Decimal places .14
6.11.7 Scoring financial offers .14
6.11.8 Scoring preferences .15
6.11.9 Scoring quality .15
6.12 Insurance provided by the employer .15
6.13 Acceptance of a tender offer .15
6.14 Preparing contract documents .16
6.15 Completing adjudicator's contract .16
6.16 Notice to successful and unsuccessful tenderers .16
6.17 Providing copies of the contracts .16
6.18 Returning of tender securities .16
6.19 Providing written reasons for actions taken .16
Annex A (informative) Commentary .18
Annex B (informative) Tender data .37
Annex C (informative) Evaluating tender offers .44
Annex D (informative) Example of a tender security .62
Annex E (informative) Evaluation reports .63
Annex F (informative) Impact of different formulae and weightings in the scoring of
methods 2, 3 and 4 .66
Bibliography .71
iv PROOF/ÉPREUVE © ISO 2021 – All rights reserved
---------------------- Page: 4 ----------------------
ISO 10845-3:2021(E)
Foreword
ISO (the International Organization for Standardization) is a worldwide federation of national standards
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
organizations, 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.
The procedures used to develop this document and those intended for its further maintenance are
described in the ISO/IEC Directives, Part 1. In particular, the different approval criteria needed for the
different types of ISO documents should be noted. This document was drafted in accordance with the
editorial rules of the ISO/IEC Directives, Part 2 (see www .iso .org/ directives).
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. Details of
any patent rights identified during the development of the document will be in the Introduction and/or
on the ISO list of patent declarations received (see www .iso .org/ patents).
Any trade name used in this document is information given for the convenience of users and does not
constitute an endorsement.
For an explanation of the voluntary nature of standards, the meaning of ISO specific terms and
expressions related to conformity assessment, as well as information about ISO's adherence to the
World Trade Organization (WTO) principles in the Technical Barriers to Trade (TBT), see www .iso .org/
iso/ foreword .html.
This document was prepared by Technical Committee ISO/TC 59, Buildings and civil engineering works,
Subcommitee SC 18, Construction procurement.
This second edition cancels and replaces the first edition (ISO 10845-3:2011), which has been
technically revised.
The main changes compared to the previous edition are as follows:
— definitions and parts of the text have been updated and aligned with other parts of the ISO 10845
series;
— the methods for evaluating tenders have been modified and the implications of choices made in
applying such methods explained;
— an informative annex on the formulation of evaluation reports has been added.
A list of all parts in the ISO 10845 series can be found on the ISO website.
Any feedback or questions on this document should be directed to the user’s national standards body. A
complete listing of these bodies can be found at www .iso .org/ members .html.
© ISO 2021 – All rights reserved PROOF/ÉPREUVE v
---------------------- Page: 5 ----------------------
ISO 10845-3:2021(E)
Introduction
Procurement is the process which creates, manages and fulfils contracts. There are accordingly three
phases to the procurement process associated with the delivery and maintenance of construction
works, namely:
— a planning phase during which decisions are made as to what, where and when goods and services
are required, how the market is to be engaged and what is the number, type, nature and timing of
the required contracts;
— an acquisition phase during which contracts are entered into following the execution of a selection
method; and
— a contract management (or contract administration) phase during which compliance with
requirements, changes in requirements and risk events which manifest during the execution of
contracts are managed.
Conditions of tender are required to establish procedures from the time that tenders are invited to the
time that a contract is awarded. Such conditions document the procedures, the manner in which those
engaged in the procurement process are to behave, the obligations of the tenderer and the undertakings
of the employer.
Annex A provides background information on this document, guidance on its use and suggestions
on good practice. Annex B provides guidance on how to develop the tender data for a procurement
document using this document. Annexes C and E offer guidance on the evaluation of tenders and the
structuring of evaluation reports, respectively. Annex D provides an example of a tender security.
Annex F provides insights into the use of different formulae and weightings in the scoring of tender
offers during the evaluation process,
ISO 10845-2 establishes the manner in which procurement documents should be formatted and
compiled. The standard conditions contained in this document can by reference be incorporated in
procurement documents formatted and compiled in accordance with the provisions of ISO 10845-2.
ISO 10845-4 establishes requirements relating to pre-qualification of tenderers who are invited to
submit a tender offer in terms of certain selection methods described in ISO 10845-1.
This document is part of the ISO 10845 series which covers various aspects of procurement within the
construction industry. Each part of the ISO 10845 series relates to a different aspect of procurement.
The objective of the ISO 10845 series is to provide a generic and standard set of processes, procedures
and methods for a procurement system that is fair, equitable, transparent, competitive and cost-
effective and which can be used to promote objectives additional to those associated with the immediate
objective of the procurement itself.
vi PROOF/ÉPREUVE © ISO 2021 – All rights reserved
---------------------- Page: 6 ----------------------
INTERNATIONAL STANDARD ISO 10845-3:2021(E)
Construction procurement —
Part 3:
Standard conditions of tender
1 Scope
This document sets out standard conditions 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 offer and acceptance and
provide the necessary feedback to tenderers on the outcomes of the process.
This document is intended for use in procurements relating to goods, services and construction works
and disposals other than by auction.
2 Normative references
There are no normative references in this document.
3 Terms and definitions
For the purposes of this document, the following terms and definitions apply.
ISO and IEC maintain terminology databases for use in standardization at the following addresses:
— ISO Online browsing platform: available at https:// www .iso .org/ obp
— IEC Electropedia: available at https:// www .electropedia .org/
3.1
bill of quantities
document for tendering, usually prepared in a standard form, comprising both a descriptive list of
quantities of works and descriptions of the materials, workmanship and other matters required for
construction works
[SOURCE: ISO 6707-2:2017, 3.5.11, modified — The preferred terms specific to the US have been
removed.]
3.2
bond
sum of money or securities submitted to the employer (3.8) or placed in the hands of a third party to
guarantee completion of the work and recovery of the sums which the contractor is recognized as
owing under the terms of the contract
[SOURCE: ISO 6707-2:2017, 3.5.40, modified — "client" has been replaced by "employer"; "of the work"
has been added after "completion".]
© ISO 2021 – All rights reserved PROOF/ÉPREUVE 1
---------------------- Page: 7 ----------------------
ISO 10845-3:2021(E)
3.3
comparative offer
tenderer's (3.18) 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
3.4
conflict of interest
situation where business, financial, family, political or personal interests could interfere with the
judgment of persons in carrying out their duties for the organisation
[SOURCE: ISO 37001:2016, 3.29]
3.5
contract data
document that identifies the applicable conditions of a contract and states the associated contract-
specific data
[SOURCE: ISO 10845-1:2020, 3.8]
3.6
corrupt practice
offering, giving, receiving or soliciting of anything of value to influence the action of the employer (3.8)
or his staff or agents in the tender process
[SOURCE: ISO 10845-1:2020, 3.10, modified — "the procurement process or the administration of the
contract" has been replaced by "the tender process".]
3.7
eligibility criteria
criteria framed around the ability of a tenderer (3.18) to provide the required goods, services and
construction works or disposals, or any combination thereof, which need to be satisfied in order for a
submission to be evaluated
3.8
employer
person or organization (3.12) intending to or entering into a contract with the contractor to supply
goods, carry out construction works and/or provide services
[SOURCE: ISO 10845-1:2020, 3.15]
3.9
form of offer and acceptance
document that formalizes the legal process of offer and acceptance
3.10
fraudulent practice
misrepresentation of the facts in order to influence the tender process, or the award of a contract
arising from a tender offer (3.17) to the detriment of the employer (3.8), including collusive practices
intended to establish prices at artificial levels
[SOURCE: ISO 10845-1:2020, 3.18, modified — "or the administration of the contract including
compensation procedures" at the end has been removed.]
3.11
joint venture
two or more organizations (3.12) grouped together to carry out work and share the risks, where each is
jointly and severally liable for the actions and work of the other
[SOURCE: ISO 6707-2:2017, 3.8.3]
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ISO 10845-3:2021(E)
3.12
organization
company, firm, enterprise, association or other legal entity, whether incorporated or not, or public body
[SOURCE: ISO 10845-1:2020, 3.21]
3.13
quality
totality of features and characteristics of a product or service that bears on the ability of the product or
service to satisfy stated or implied needs
[SOURCE: ISO 10845-1:2020, 3.27]
3.14
returnable document
document that a tenderer (3.18) is required to complete and submit to the employer (3.8) as part of his
tender submission
3.15
scope of work
document that specifies and describes the goods, services, or 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
[SOURCE: ISO 10845-1:2020, 3.29, modified — Notes 1 and 2 to entry have been removed.]
3.16
tender data
document that establishes the tenderer's (3.18) obligations in submitting a tender and the employer's
(3.8) undertakings in administering the tender process and evaluating tender offers (3.17)
[SOURCE: ISO 10845-1:2020, 3.37]
3.17
tender offer
written offer to supply goods, carry out construction works and/or provide services under given
conditions, usually at a stated price, and which is capable of acceptance and conversion into a binding
contract
[SOURCE: ISO 10845-1:2020, 3.38]
3.18
tenderer
person or organization (3.12) that submits a tender offer (3.17)
[SOURCE: ISO 10845-1:2020, 3.39, modified — Note 1 to entry has been removed.]
4 General requirements
4.1 Actions
The 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 5 and 6, in a timely manner and with integrity, behave equitably, honestly and transparently,
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 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
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ISO 10845-3:2021(E)
any conflict of interest to whoever is responsible for overseeing the procurement process at the start of
any deliberations relating to the procurement process or as soon as they bec
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