外文翻译--招标合同中业主有机会鼓励承包商主导的创新的意义(编辑修改稿)

外文翻译--招标合同中业主有机会鼓励承包商主导的创新的意义(编辑修改稿)内容摘要：

may be stated that the submission of a conforming tender in response to an invitation can create contractual obligations for both parties. In the case: Ontario v. Ron Engineering amp。 Construction Eastern Ltd, the Court of Canada held that a contract was brought into being automatically upon the submission of a responsive tender by each tenderer. Having established that a „tendering contract‟ exists, it is then important to constitute what the terms are of that contract. The terms are derived from the tender conditions, the „tendercode‟, and 4 other relevant material such as legislation and correspondence . All or some of the provisions of the „tender code‟ may be incorporated in the „tendering contract‟ by reference and/or by implication. A terms may be implied to the effect that the owner must consider all conforming tenders, must treat all tenderers equally and fairly, and must award only a contract for the project tendered for. GUIDANCE ON CONTRACTOR SELECTION The Significance of Probity in Tendering Probity is defined in various dictionaries as “moral excellence, integrity, uprightness, conscientiousness, honesty, sincerity”. In the tendering context, it generally depends upon confidentiality of documentation and decision making, objective and consistent assessment at each phase of decision making and resolution of any possible, perceived or actual conflicts of interest. Thus, one of the primary objectives of probity in tendering is to maintain the integrity of the bidding process. The Canadian court in the Ron Engineering case referred to this as the obligation of owners to treat all tenderers equally and fairly. Johnstone asserts that transparency in the entire contracting out process is essential so that potential contractors and members of the public can have confidence in the outes. If integrity and impartiality are not evident, tenderers may be reluctant to make a bid, the formulation of which requires significant amount of time and resources. In that case, petition is likely to be lessened and the best value for money may not be achieved. In principle, recent development in mon law attempts to maintain some integrity in the tendering process by recognising the existence of the parties‟ obligations to one another so that the owner cannot simply reject or accept tenders as it pleases, or cannot negotiate with one or more tenderers to produce satisfactory deal. As mentioned previously, the contractual obligation between the parties is referred to as the „tendering contract‟. Breach of the „tendering contract‟ entitles the injured party to the normal remedy of damages. Probity in the tendering process ensures that fair and equal treatment to all tenderers is put in place and maintained so that no term of the „tendering contract‟ is likely to be breached. According to Johnstone, mon probity objectives are: to ensure all respondents are assessed objectively and consistently to ensure integrity in all evaluation and selection process 5 to ensure all confidential information is secured to address any potential, or actual conflicts of interest to promote defensibility of process. Guidelines to Avoid Breach of the ‘Tendering Contract’ in the Competitive Bidding Process On conclusion, Craig suggests some guidelines on how alternative tenders and tenders involving design proposals might be taken legitimately by the owner so as to avoid or minimise the likelihood of the clients placing themselves at risk of litigation due to a breach of the contractual obligations arising out of the „tendering contract‟. They are specified as follows. Under the „t。