外文文献及译文 m每o ban.doc

本科毕业设计 外文文献及译文 文献、资料题目：The Significance of the Tendering Contract on the Opportunities for Clients to Encourage Contractor-led Innovation 文献、资料来源： 国道数据库 文献、资料发表（出版）日期：2006.10.11 院 （部）： 管理工程学院 专 业： 工程造价 班 级： 价本0504 姓 名： 刘兆君 学 号： 2005022534 指导教师： 黄伟典 王大磊 翻译日期： 2008.6.14 外文文献：　 The Significance of the Tendering Contract on The Opportunities for Clients to Encourage Contractor-led Innovation ABSTRACT During the tendering process for most major construction contracts there is the opportunity for bidders to suggest alternative innovative solutions. Clearly clients are keen to take advantage of these opportunities, and equally contractors want to use their expertise to establish competitive advantage. Both parties may very well benefit from the encouragement of such innovation and the availability of cheaper methods of construction than have been contemplated by the tendering authority. However recent developments in common law have raised doubts about the ability of owners to seek alternative tenders without placing themselves at risk of litigation. This common law has recognised the existence of the so-called ‘tendering contract’ or ‘process contract’. Since the tendering process is inherently price competitive, the application of the tendering contract concept is likely to severely inhibit the opportunity for alternative tenders. This paper is primarily based on the literature review. The aim of this paper is to highlight the problems with the competitive tendering process in relation to contractor-led innovation and explore ways in which owners can develop procurement procedures that will allow and encourage innovation from contractors. PROBLEMS WITH COMPETITIVE TENDERING The traditional tendering process was designed to produce direct price competition for a specified product. Evaluation of tenders could only be confined to price alone by creating a system in whic