【正文】 luation of such alternative proposals. An effective ?privilege clause? which says something like “any tender will notnecessarily be accepted” will normally prevent an owner being obliged to accept any tender. All tenders may therefore be properly rejected. On the other hand, a term to the effect that a contract will be awarded to the lowest, or highest, bidder is enforceable. This implies that an owner cannot use the ?privilege clause? as an excuse for deviating from the contract evaluation and award criteria set down in the tender invitation or documents. Or, put it another way, the?privilege clause? does not allow the owner to: (i) choose paratively among the tenderers based on criteria that has not been disclosed to the tenderers。 to ensure all confidential information is secured 中文 3185 字 本科畢業(yè)設(shè)計(jì) 外文文獻(xiàn) 及 譯文 文獻(xiàn)、資料題目： The Significance of the Tendering Contract on the Opportunities for Clients to Encourage Contractorled Innovation 文獻(xiàn)、資料來(lái)源： 國(guó)道數(shù)據(jù)庫(kù) 文獻(xiàn)、資料發(fā)表（出版）日期： 院 （部）： 管理 工程學(xué)院 專(zhuān) 業(yè)： 工程 造價(jià) 1 外文 文獻(xiàn) ： The Significance of the Tendering Contract on The Opportunities for Clients to Encourage Contractorled 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 petitive 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 mon law have raised doubts about the ability of owners to seek alternative tenders without placing themselves at risk of litigation. This mon law has recognised the existence of the socalled ?tendering contract? or ?process contract?. Since the tendering process is inherently price petitive, 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 petitive tendering process in relation to contractorled 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 petition for a specified product. Evaluation of tenders could only be confined to price alone by creating a system in which price is the only criterion that could vary while design and technical content are the same for each peting tender. Albeit the contract period is stipulated as constant, owners often encourage tenderers to submit a second tender which offers an alternative price for an alternative time performance. Tenderers would achieve this by reworking their tender programme, finding the optimum contract period, and adjusting the tender price accordingly. Each tenderer would pete to find novel ways of organising the work method that would allow not only the minimum construction cost but also maximum profit margin within the price proposed. However, 2 this process is always confined by the boundary of the owner?s design. In this way, the successful tenderer?s scope to be innovative is very limited . When evaluating alternative tenders, the owner is confronted with the duty of equal treatment and fairness to all