DESIGN AND BUILD CONTRACTS

1．为什么资格预审？（why prequalification）The successful execution of contracts for large buildings, civil engineering, supply and installation, turnkey, and design-and-build projects requires that contracts are awarded only to firms, or combinations of firms, that are suitably experienced in the type of work and construction technology involved, that are financially and managerially sound, and that can provide all the equipment required in a timely manner. The assessment by an implementing agency of the suitability of firms to carry out a particular contract prior to being invited to submit a bid is a process called prequalification.2.资格预审会不会降低后续施工招标中的积极性不会。

投标时并不是越多越好，而是要选择合格的承包商。

不合格的承包商没有可比性。

同一流的建筑公司，管理成本正规i，报价保证自己的利润。

竞争的是技术实力，投入更多精力来编织技术标，竞争力更强。

同一档次的不是越多越好，二流三流成本低管理不好，容易胡报价。

3.benifit of prequalificationThe prequalification process is of benefit to both bidders and Executing Agencies alike, in that• the process enables prospective bidders, who may be insufficiently qualified on their own, to avoid the expense of bidding, or to form a joint venture that may give a better chance of success;• with prequalification, well qualified firms will price their bids with the knowledge that they are competing against other qualified bidders meeting realistic minimum competence criteria, and with the assurance that inadequately qualified competitors will be excluded from submitting unrealistically low bids, leading contractors are encouraged to bid;• prequalification enables Executing Agencies to assess the interest from qualified firms generated by the contract and, in the event that only a limited number of applications are received, to make any necessary adjustments in the procurement process; • it helps to expose potential conflicts of interest of an applicant with other parties involved in this prequalification process;• it reduces the amount of work and time involved by Executing Agencies in evaluating bids from unqualified contractors; it encourages local firms to form joint ventures with other local or international firms, thereby benefiting from their resources and experience;• it enables the Executing Agencies to assess the likelihood o f contractors’ eligibility for domestic bidder price preference in borrowing countries where this is applicable; and • it reduces significantly, if not eliminates, problems of rejection associated with low-priced bids submitted by bidders of doubtful capability.4.mutiple contract将标划分成很多块来判断承保能力。

招投标外文文献外文文献：The Significance of the Tendering Contract on The Opportunities for Clients to Encourage Contractor-led Innovation ABSTRACTDuring 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 TENDERINGThe 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 which price is the only criterion that could vary while design and technical content are the same for each competing 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 compete 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, 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 tenderers. If one is to be preferred on an alternative tender, which is not a conforming tender in terms of the original invitation, how can all tenderers be treated equally and fairly? Any individualism exhibited on the part of a tenderer outside the permitted scope of price and time must disqualify that tender from the owner?s consideration because it does not conform to the invitation. Therefore, the traditional tendering process prevents, restricts or even discourages contractor-led innovation .Songer and Ibbs believed that the use of design-and-build procurement method would encourage innovation in the building process. This procurement method imposes single pointresponsibility on contractor for the complete building and its tendering processdiffer from that of the traditional procurement method in that it must be capable of evaluating design as well as production capability, time and price, all on a competitive basis. This is not easy. Competitive design is not easy to evaluate in the context of tendering. The objectivity appears to be replaced by subjectivity in picking the winner, and the apparent integrity of the bidding process is lost, unless very clear criteria are established at the outset for evaluation of competing designs. This also means to say that the tender process rules must be designed as such that itencourages contractor-led innovation, yet at the same time places some limit on the scope for such innovation. The limits must be such that the project delivered is still the project for which tenders were invited. Songer and Ibbs, with respect to this aspect, asserted that one concern of public agencies is how to allow for innovation while maintaining appropriate control of certain design aspects of the project. Determining an appropriate balance of innovation and control in design and adequately communicating the desired balance to potential design-and-build tenderers provides a significant challenge to public sector agencies.TH E ‘TENDERING CONTRACT’Developments in the law relating to tenders traditionally treated an …invitation to tender? or a …request for tenders? as no more than an invitation to treat, an indication that the owner was ready to do business – something prior to and short of an offer . In other words, an invitation to treat was not an offer to make a contract with any person who might act on the invitation, butmerely a first step in negotiation which may, or may not, leadto a contract. When each tenderer submitted its tender in the prescribed form, it amounted to an offer which could be regarded as an offer to makea contract. If the offer met with unequivocal acceptance, contractual obligation arose between the owner and the successful tenderer .Recently, the modern view turns this theory upside down. There exists what is known as the …two contract? analysis involving the emergence of the …tendering contract?. The invitation to tender is now in some circumstances to be treated as an offer to make a contract which a tenderer accepts when it submits a conforming tender. The owner makes an offer to each tenderer which might be worded as follows:“If you submit a tender in response to my invitation and which complies with the stipulations made, I will consider that t ender …” .There is no obligation at all at this point on the side of the tenderers, but if a conforming tender is submitted, a contract is formed between owner and tenderer which has been described here as the …tendering contract? or described elsewhere a s a …pre-award contract?or …process contract?. This contract is quite distinct from the contract eventually entered into with the successful tenderer, called the main contract. Obligations of a contractual nature therefore arise between the owner and each tenderer who has submitted a proposal. Justas the tender contract places obligations on the owner, each tender also imposes obligations on the tenderer. Once the tender has been submitted to the owner, meaning the tender or first contract has been formed, the owner becomes obliged to each tenderer to perform its side of bargain, which at this stage is an obligation to consider all conforming tenders. By the same token, tenderersbecome obliged to not simply withdraw their tender, the tender will remain open for a stipulated period of time. Under the …two contract? principle,a tenderer who makes a mistake may find that thetender is accepted with no opportunity to escape even if there is an error in tender compilation .For the sake of clarity, it 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 & 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, t he …tendercode?, andother 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 SELECTIONThe Significance of Probity in TenderingProbity is defin ed in various dict ionaries 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 outcomes. 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, competition is likely to be lessened and the best value for money may not be achieved.In principle, recent development in common 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. Accord ing to Johnstone, common probity objectives are:·to ensure all respondents are assessed objectively and consistently· to ensure integrity in all evaluation and selection process· to ensure all confidential information is secured· to address any potent ial, 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 …tendering contract? the owner is obliged to treat all tenders equally and fairly. All conforming tenders must therefore be considered.·An effective …privilege clause? which says something like “any tender will notnecessarily be accepted” will normally prevent an owner becoming 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 comparatively among the tenderers based on criteria that has not been disclosed to the tenderers; or (ii) to award to another tenderer or another person something other than the main contract.· It would be a breach of the tendering oblig ation of equal and fair treatment for the owner to negotiate with one tenderer on terms which do not apply to other tenderers.·All tenderers are entitled to know the basis on which tenders will be evaluated and on which acontract-award decision will bemade.·If innovation from tenderers is required, an owner must expressly create the right for a tenderer to submit an alternative tender. If the right then exists, the owner is obliged to consider such proposals. T enderers must be informed of criteria for evaluation of such alternative proposals.·Tender conditions must define the scope of alternative tenders. That scope must be not too tight so as to restrict innovation, but not too wide so as to result in a proposal for a scheme quite different to the one originally tendered for.·Tender conditions for projects involving design must include criteria for evaluating that design. The criteria must be made known to all tenderers.·It is a breach of the …tendering contract? for the owner to award a contract to a tenderer who offers something different to what was asked for in the invitation to tender.Furthermore, Johnstone adds· Invitation document should be accessible to all potential bidders. They should be expressed in readily understood terms.·It is easier to formulate appropriate selection criteria when the project specifications are developed first. Clear specifications and selection criteria assist possible contractors to formulate bids appropriately.· A policy in relation to non-conforming bids should be formulated and documented in the invitation documentation.·Often assessment of bids will involve a number of assessment panels. In this situation, there should be a separation of assessment panels. For example, a panel of experts may review financial viability whilst another will look at those same bids from a design perspective. Assessment panels would commonly bequarantined through the evaluation period. SUMMARY This paper highlights the problems with competitive tendering in relation to contractor-led innovation. In the traditional method, contractor-led innovation may be encouraged at the tendering stage. However, to enable acceptance by the owner, criteria for evaluation of and the scope of alternative tenders must be clearly defined in the tender document. By the same token, tender conditions for projects involving design must include criteria for evaluating that design t.Guidance has been outlined of how to reduce the risk of owner falling into a breach of the …tendering contract? in the competitive tendering process when it involves alternative tenders or design proposals. One of the alternative contractor selection methods identified has been briefly described.。

土建合同一类二类区别英文回答：Category I and Category II Construction Contracts.In the construction industry, contracts are typically classified into two main categories: Category I and Category II. These categories are based on the complexity and value of the project, as well as the level of risk involved.Category I Contracts.Category I contracts are generally used for projects that are relatively straightforward and have a low level of risk. These projects typically have a value of less than $1 million and involve activities such as:Building construction.Road construction.Bridge construction.Utility construction.Site work.The terms and conditions of Category I contracts are typically standardized and are based on industry best practices. This helps to reduce the risk for both the contractor and the owner.Category II Contracts.Category II contracts are used for projects that are more complex and have a higher level of risk. Theseprojects typically have a value of more than $1 million and involve activities such as:Industrial construction.Commercial construction.Institutional construction.Heavy civil construction.Design-build projects.The terms and conditions of Category II contracts are typically more complex and are negotiated between the contractor and the owner. This is because these projects involve more risk and require a greater level of customization.Key Differences Between Category I and Category II Contracts.The following are some of the key differences between Category I and Category II contracts:Complexity: Category II contracts are typically more complex than Category I contracts.Value: Category II contracts typically have a higher value than Category I contracts.Risk: Category II contracts typically involve a higher level of risk than Category I contracts.Terms and conditions: The terms and conditions of Category II contracts are typically more complex and are negotiated between the contractor and the owner.Choosing the Right Contract Type.The type of contract that is used for a particular project should be based on the complexity, value, and risk of the project. Category I contracts are a good choice for projects that are relatively straightforward and have a low level of risk. Category II contracts are a good choice for projects that are more complex and have a higher level of risk.中文回答：土建合同一类二类区别。

FIDIC《设计-建造和运营合同》（2008年第一版）介绍【摘要】 FIDIC 于2008年9月在加拿大魁北克省举行的2008年会期间推出被国际工程界冠之为“金皮书”的DBO 合同（Conditions of Contract for Design,Build and Operate Projects(First Edition,2008),DBO模式立即成为国际工程界关注热点。

设计-建造-运行是一种国际通行并十分成熟的项目建设模式，不仅在工程市场领域运用，而且在许多其他领域中得到应用（DBO是支撑污水处理服务专业化的典型模式，在国际污水处理领域有广泛应用，但是在国内污水领域应用却很少），在世界各地，DBO有许多成功案例。

而在中国的DBO项目却寥寥无几，主要原因在于政府对DBO模式不了解，业主及承包商对这种模式也不熟悉。

一、菲迪克彩虹系列添新成员FIDIC的合同文本（彩虹系列）是在长期国际工程实践中形成、发展起来的最佳实践的结晶。

自80年代中期FIDIC合同文本引入我国后，对我国工程体制发展产生了巨大的影响，我国工程体制的建立是按照FIDIC的模式建立起来的。

在国际上，FIDIC文本的应用也越来越广，FIDIC合同文件被国际工程界奉为国际承包工程的“圣经”。

继红皮书、黄皮书、白皮书后，FIDIC于2008年9月加拿大魁北克省举行年会上推出了金皮书——《设计—施工—运营合同条件》(DBO Contract)，“FIDIC彩虹系列”增添新成员。

二、FIDIC DBO 合同制定的背景编制DBO合同过程所花费时间及努力让人印象深刻。

2004年10月举行第一次DBO工作组会议，DBO工作组成员有六名成员，包括迈克尔·默迪梅-霍金斯（英国人）,阿克塞尔·雅格（德国人），Des Barry（爱尔兰人）,Christoph Theune（德国人）,T oni Bauer(德国人), Erica Lund(爱尔兰人).这些成员完全是不计报酬工作。

2010-3-3Title : ITIL Foundation v.3 CertificationVersion :Exam : EXIN EX0-101QUESTION 1What are the three types of metrics that an organization should collect to support Continual Service Improvement (CSI)?A. Return On Investment (ROI), Value On Investment (VOI), qualityB. Strategic, tactical and operationalC. Critical Success Factors (CSFs), Key Performance Indicators (KPIs), activitiesD. Technology, process and serviceAnswer: DQUESTION 2Which of the following is NOT a valid objective of Problem Management?A. To prevent Problems and their resultant IncidentsB. To manage Problems throughout their lifecycleC. To restore service to a userD. To eliminate recurring IncidentsAnswer: CQUESTION 3Availability Management is responsible for availability of the:A. Services and ComponentsB. Services and Business ProcessesC. Components and Business ProcessesD. Services, Components and Business ProcessesAnswer: AQUESTION 4Contracts are used to define:A. The provision of IT services or business services by a Service ProviderB. The provision of goods and services by SuppliersC. Service Levels that have been agreed between the Service Provider and their CustomerD. Metrics and Critical Success Factors (CSFs) in an external agreement Answer: BQUESTION 5Which of the following is NOT an example of Self-Help capabilities?A. Requirement to always call the Service Desk for service requestsB. Web front-endC. Menu-driven range of self help and service requestsD. A direct interface into the back-end process-handling softwareAnswer: AQUESTION 6Who owns the specific costs and risks associated with providing a service?A. The Service ProviderB. The Service Level ManagerC. The CustomerD. The Finance departmentAnswer: AQUESTION 7Which of the following are types of communication you could expect the functions within Service Operation to perform?1. Communication between Data Centre shifts2. Communication related to changes3. Performance reporting4. Routine operational communicationA. 1 onlyB. 2 and 3 onlyC. 1, 2 and 4 onlyD. All of the aboveAnswer: DQUESTION 8How many people should be accountable for a process as defined in the RACI model?A. As many as necessary to complete the activityB. Only one - the process ownerC. Two - the process owner and the process enactorD. Only one - the process architectAnswer: BQUESTION 9What guidance does ITIL give on the frequency of production of service reporting?A. Service reporting intervals must be defined and agreed with the customersB. Reporting intervals should be set by the Service ProviderC. Reports should be produced weeklyD. Service reporting intervals must be the same for all servicesAnswer: AQUESTION 10Which of the following is the BEST definition of the term Service Management?A. A set of specialised organizational capabilities for providing value to customers in the form of servicesB. A group of interacting, interrelated, or independent components that form a unified whole, operating together for a common purposeC. The management of functions within an organization to perform certain activitiesD. Units of organizations with roles to perform certain activitiesAnswer: AQUESTION 11Which of the following is NOT a characteristic of a process?A. It is measurableB. Delivers specific resultsC. Responds to specific eventsD. A method of structuring an organizationAnswer: DQUESTION 12Which of the following would be defined as part of every process?1. Roles2. Activities3. Functions4. ResponsibilitiesA. 1 and 3 onlyB. All of the aboveC. 2 and 4 onlyD. 1, 2 and 4 onlyAnswer: DQUESTION 13Which of the following statements is CORRECT for every process?1. It delivers its primary results to a customer or stakeholder2. It defines activities that are executed by a single functionA. Both of the aboveB. 1 onlyC. Neither of the aboveD. 2 onlyAnswer: BQUESTION 14What are the publications that provide guidance specific to industry sectors and organization typesknown as?A. The Service Strategy and Service Transition booksB. The ITIL Complementary GuidanceC. The Service Support and Service Delivery booksD. Pocket GuidesAnswer: BQUESTION 15Which of the following is NOT a purpose of Service Transition?A. To ensure that a service can be managed, operated and supportedB. To provide training and certification in project managementC. To provide quality knowledge of Change, Release and Deployment ManagementD. To plan and manage the capacity and resource requirements to manage a release Answer: BQUESTION 16What is the BEST description of the purpose of Service Operation?A. To decide how IT will engage with suppliers during the Service Management LifecycleB. To proactively prevent all outages to IT ServicesC. To design and build processes that will meet business needsD. To deliver and manage IT Services at agreed levels to business users and customersAnswer: DQUESTION 17Which of the following should NOT be a concern of Risk Management?A. To ensure that the organization can continue to operate in the event of a major disruption or disasterB. To ensure that the workplace is a safe environment for its employees and customersC. To ensure that the organization assets, such as information, facilities and building are protected fromthreats, damage or lossD. To ensure only the change requests with mitigated risks are approved forimplementationAnswer: DQUESTION 18What is the BEST description of an Operational Level Agreement (OLA)?A. An agreement between the service provider and another part of the same organizationB. An agreement between the service provider and an external organizationC. A document that describes to a customer how services will be operated on a day-to-day basisD. A document that describes business services to operational staffAnswer: AQUESTION 19Which of the following is the CORRECT definition of a Release Unit?A. A measurement of costB. A function described within Service TransitionC. The team of people responsible for implementing a releaseD. The portion of a service or IT infrastructure that is normally released together Answer: DQUESTION 20The BEST definition of an Incident is:A. An unplanned disruption of service unless there is a backup to that serviceB. An unplanned interruption or reduction in the quality of an IT ServiceC. Any disruption to service whether planned or unplannedD. Any disruption to service that is reported to the Service Desk, regardless of whether the service is impacted or notAnswer: BQUESTION 21In which of the following situations should a Problem Record be created?A. An event indicates that a redundant network segment has failed but it has not impacted any usersB. An Incident is passed to second-level supportC. A Technical Management team identifies a permanent resolution to a number of recurring IncidentsD. Incident Management has found a workaround but needs some assistance in implementing itAnswer: CQUESTION 22Which of the following BEST describes a Problem?A. A Known Error for which the cause and resolution are not yet knownB. The cause of two or more IncidentsC. A serious Incident which has a critical impact to the businessD. The cause of one or more IncidentsAnswer: DQUESTION 23Implementation of ITIL Service Management requires preparing and planning the effective and efficientuse of:A. People, Process, Partners, SuppliersB. People, Process, Products, TechnologyC. People, Process, Products, PartnersD. People, Products, Technology, PartnersAnswer: CQUESTION 24What would be the next step in the Continual Service Improvement (CSI) Model after:1. What is the vision?2. Where are we now?3. Where do we want to be?4. How do we get there?5. Did we get there?6. ?A. What is the Return On Investment (ROI)?B. How much did it cost?C. How do we keep the momentum going?D. What is the Value On Investment (VOI)?Answer: CQUESTION 25Which of the following do Service Metrics measure?A. Processes and functionsB. Maturity and costC. The end to end serviceD. Infrastructure availabilityAnswer: CQUESTION 26The MAIN objective of Service Level Management is:A. To carry out the Service Operations activities needed to support current IT servicesB. To ensure that sufficient capacity is provided to deliver the agreed performance ofservicesC. To create and populate a Service CatalogueD. To ensure that an agreed level of IT service is provided for all current IT services Answer: DQUESTION 27Which processes review Underpinning Contracts on a regular basis?A. Supplier Management and Service Level ManagementB. Supplier Management and Demand ManagementC. Demand Management and Service Level ManagementD. Supplier Management, Demand Management and Service Level Management Answer: AQUESTION 28Which of the following statements about the Service Portfolio and Service Catalogue is the MOST CORRECT?A. The Service Catalogue only has information about services that are live, or being prepared for deployment; the Service Portfolio only has information about services which are being considered for future developmentB. The Service Catalogue has information about all services; the Service Portfolio only has information about services which are being considered for future developmentC. The Service Portfolio has information about all services; the Service Catalogue only has information about services which are live, or being prepared for deploymentD. Service Catalogue and Service Portfolio are different names for the same thing Answer: CQUESTION 29Which role or function is responsible for monitoring activities and events in the IT Infrastructure?A. Service Level ManagementB. IT Operations ManagementC. Capacity ManagementD. Incident ManagementAnswer: BQUESTION 30Consider the following list:1. Change Authority2. Change Manager3. Change Advisory Board (CAB)What are these BEST described as?A. Job descriptionsB. FunctionsC. TeamsD. Roles, people or groupsAnswer: DQUESTION 31Service Transition contains detailed descriptions of which processes?A. Change Management, Service Asset and Configuration Management, Release and Deployment ManagementB. Change Management, Capacity Management Event Management, Service Request ManagementC. Service Level Management, Service Portfolio Management, Service Asset and Configuration ManagementD. Service Asset and Configuration Management, Release and Deployment Management, Request FulfilmentAnswer: AQUESTION 32Which of the following statements is CORRECT?A. The Configuration Management System is part of the Known Error Data BaseB. The Service Knowledge Management System is part of the Configuration Management SystemC. The Configuration Management System is part of the Service Knowledge Management systemD. The Configuration Management System is part of the Configuration Management DatabaseAnswer: CQUESTION 33Major Incidents require:A. Separate proceduresB. Less urgencyC. Longer timescalesD. Less documentationAnswer: AQUESTION 34Which of the following statements about Incident reporting and logging is CORRECT?A. Incidents can only be reported by users, since they are the only people who know when a service has been disruptedB. Incidents can be reported by anyone who detects a disruption or potentialdisruption to normal service. This includes technical staffC. All calls to the Service Desk must be logged as Incidents to assist in reporting Service Desk activityD. Incidents reported by technical staff must be logged as Problems because technical staff manage infrastructure devices not servicesAnswer: BQUESTION 35What is the BEST description of a Major Incident?A. An Incident that is so complex that it requires root cause analysis before a workaround can be foundB. An Incident which requires a large number of people to resolveC. An Incident logged by a senior managerD. An Incident which has a high priority or high impact on the businessAnswer: DQUESTION 36Which of the following should be done when closing an incident?1. Check the incident categorization and correct it if necessary2. Check that user is satisfied with the outcomeA. 1 onlyB. Both of the aboveC. 2 onlyD. Neither of the aboveAnswer: BQUESTION 37Which of the following statements correctly states the relationship between urgency, priority and impact?A. Impact, priority and urgency are independent of each otherB. Urgency should be based on impact and priorityC. Impact should be based on urgency and priorityD. Priority should be based on impact and urgencyAnswer: DQUESTION 38Hierarchic escalation is best described as?A. Notifying more senior levels of management about an IncidentB. Passing an Incident to people with a greater level of technical skillC. Using more senior specialists than necessary to resolve an Incident to maintain customer satisfactionD. Failing to meet the Incident resolution times specified in a Service LevelAgreementAnswer: AQUESTION 39Which of the following BEST describes a Service Request?A. A request from a User for information, advice or for a Standard ChangeB. Anything that the customer wants and is prepared to pay forC. Any request or demand that is entered by a user via a Self-Help web-based interfaceD. Any Request for Change (RFC) that is low risk and can be approved by the Change Manager without a Change Advisory Board (CAB) meetingAnswer: AQUESTION 40Event Management, Problem Management, Access Management and Request Fulfilment are part of which stage of the Service Lifecycle?A. Service StrategyB. Service TransitionC. Service OperationD. Continual Service ImprovementAnswer: CQUESTION 41Which of the following is NOT a valid objective of Request Fulfilment?A. To provide information to users about what services are available and how to request themB. To update the Service Catalogue with services that may be requested through the Service DeskC. To provide a channel for users to request and receive standard servicesD. To source and deliver the components of standard services that have been requestedAnswer: BQUESTION 42Which process is responsible for sourcing and delivering components of requested standard services?A. Request FulfilmentB. Service Portfolio ManagementC. Service DeskD. IT FinanceAnswer: AQUESTION 43Which of the following are Service Desk organizational structures?1. Local Service Desk2. Virtual Service Desk3. IT Help Desk4. Follow the SunA. 1, 2 and 4 onlyB. 2, 3 and 4 onlyC. 1, 3 and 4 onlyD. 1, 2 and 3 onlyAnswer: AQUESTION 44Which Functions are included in IT Operations Management?A. Network Management and Application ManagementB. Technical Management and Change ManagementC. IT Operations Control and Facilities ManagementD. Facilities Management and Release ManagementAnswer: CQUESTION 45Which of the following options is a hierarchy that is used in Knowledge Management?A. Wisdom - Information - Data - KnowledgeB. Data - Information - Knowledge - WisdomC. Knowledge - Wisdom - Information - DataD. Information - Data - Knowledge - WisdomAnswer: BQUESTION 46Which of the following CANNOT be provided by a tool?A. KnowledgeB. InformationC. WisdomD. DataAnswer: CQUESTION 47The BEST processes to automate are those that are:A. Carried out by Service OperationsB. Carried out by lots of peopleC. Critical to the success of the business missionD. Simple and well understoodAnswer: DQUESTION 48Which of the following areas would technology help to support during the Service Transition phase of the lifecycle?1. Data mining and workflow tools2. Measurement and reporting systems3. Release and deployment technology4. Process DesignA. 2, 3 and 4 onlyB. 1, 3 and 4 onlyC. 1, 2 and 3 onlyD. All of the aboveAnswer: CQUESTION 49Which of the following are the two primary elements that create value for customers?A. Value on Investment (VOI), Return on Investment (ROI)B. Customer and User satisfactionC. Understanding Service Requirements and WarrantyD. Utility and WarrantyAnswer: DQUESTION 50Within Service Design, what is the key output handed over to Service Transition?A. Measurement, methods and metricsB. Service Design PackageC. Service Portfolio DesignD. Process definitionsAnswer: BQUESTION 51What is the Service Pipeline?A. All services that are at a conceptual or development stageB. All services except those that have been retiredC. All services that are contained within the Service Level Agreement (SLA)D. All complex multi-user servicesAnswer: AQUESTION 52Which of the following statements BEST describes a Definitive Media Library (DML)?A. A secure location where definitive hardware spares are heldB. A secure library where definitive authorised versions of all media Configuration Items (CIs) are stored and protectedC. A database that contains definitions of all media CIsD. A secure library where definitive authorised versions of all software and back-ups are stored and protectedAnswer: BQUESTION 53In the phrase "People, Processes, Products and Partners". Products refers to:A. IT Infrastructure and ApplicationsB. Services, technology and toolsC. Goods provided by third parties to support the IT ServicesD. All assets belonging to the Service ProviderAnswer: BQUESTION 54Defining the processes needed to operate a new service is part of:A. Service Design: Design the processesB. Service Strategy: Develop the offeringsC. Service Transition: Plan and prepare for deploymentD. Service Operation: IT Operations ManagementAnswer: AQUESTION 55Which Service Design process makes the most use of data supplied by Demand Management?A. Service Catalogue ManagementB. Service Level ManagementC. IT Service Continuity ManagementD. Capacity ManagementAnswer: DQUESTION 56Which of these are objectives of Service Level Management1: Defining, documenting and agreeing the level of IT Services to be provided2: Monitoring, measuring and reporting the actual level of services provided3: Monitoring and improving customer satisfaction4: Identifying possible future markets that the Service Provider could operate inA. 1, 2 and 3 onlyB. 1 and 2 onlyC. 1, 2 and 4 onlyD. All of the aboveAnswer: AQUESTION 57Which process is responsible for discussing reports with customers showing whether services have met their targets?A. Continual Service ImprovementB. Business Relationship ManagementC. Service Level ManagementD. Availability ManagementAnswer: CQUESTION 58Which of the following does the Availability Management process include?1. Ensuring services are able to meet availability targets2. Monitoring and reporting actual availability3. Improvement activities, to ensure that services continue to meet or exceed their availability goalsA. 1 onlyB. All of the aboveC. 1 and 2 onlyD. 1 and 3 onlyAnswer: BQUESTION 59Reliability is a measure of:A. The availability of a service or componentB. The level of risk that could impact a service or processC. How long a service or component can perform its function without failingD. A measure of how quickly a service or component can be restored to normal workingAnswer: CQUESTION 60Which process is responsible for managing relationships with vendors?A. Change ManagementB. Service Portfolio ManagementC. Supplier ManagementD. Continual Service ImprovementAnswer: CQUESTION 61The Supplier Management process includes:1: Service Design activities, to ensure that contracts will be able to support the service requirements2: Service Operation activities, to monitor and report supplier achievements3: Continual Improvement activities, to ensure that suppliers continue to meet or exceed the needs of the businessA. 1 and 2 onlyB. 1 onlyC. All of the aboveD. 1 and 3 onlyAnswer: CQUESTION 62Data used to support the capacity management process should be stored in:A. A configuration management database (CMDB)B. A capacity database (CDB)C. A configuration management system (CMS)D. A capacity management information system (CMIS)Answer: DQUESTION 63Which process contains the Business, Service and Component sub-processes?A. Capacity ManagementB. Incident ManagementC. Service Level ManagementD. Financial ManagementAnswer: AQUESTION 64IT Service Continuity strategy should be based on:1: Design of the service technology2: Business continuity strategy3: Business Impact Analysis4: Risk assessmentA. 1, 2 and 4 onlyB. 1, 2 and 3 onlyC. 2, 3 and 4 onlyD. 1, 3 and 4 onlyAnswer: CQUESTION 65A change process model should include:1 - The steps that should be taken to handle the change with any dependences or co-processing defined, including handling issues and unexpected events2 - Responsibilities; who should do what, including escalation3 - Timescales and thresholds for completion of the actions4 - Complaints proceduresA. 1,2 and 3 onlyB. All of the aboveC. 1 and 2 onlyD. 1,2 and 4 onlyAnswer: AQUESTION 66Which of the following BEST describes a Change Authority?A. The Change Advisory BoardB. A person that provides formal authorisation for a particular type of change.C. A role, person or a group of people that provides formal authorisation for a particular type of change.D. The Change Manager who provides formal authorisation for each change Answer: CQUESTION 67Which of these would fall outside the scope of a typical service change management processA. A change to a contract with a supplierB. A firmware upgrade to a server that is only used for IT Service Continuity purposesC. An urgent need to replace a CPU to restore a service during an incidentD. A change to a business process that depends on IT ServicesAnswer: DQUESTION 68Which of the following statements BEST describes the aims of Release and Deployment Management?A. To build, test and deliver the capability to provide the services specified by Service Design and that will accomplish the stakeholders requirements and deliver the intended objectivesB. To ensure that each Release package specified by Service Design consists of a set of related assets and service components that are compatible with each otherC. To ensure that all Release and Deployment packages can be tracked, installed, tested, verified and/or uninstalled or backed out if appropriateD. To record and manage deviations, risks and issues related to the new or changed serviceAnswer: AQUESTION 69Which of the following BEST describes Technical Management?A. A Function responsible for Facilities Management and building control systemsB. A Function that provides hardware repair services for technology involved in the delivery of service to customersC. Senior managers responsible for all staff within the technical support FunctionD. A Function that includes the groups, departments or teams that provide technical expertise and overall management of the IT InfrastructureAnswer: DQUESTION 70Which of the following functions would be responsible for management of a data centre?A. Technical ManagementB. Service DeskC. IT Operations ControlD. Facilities ManagementAnswer: DQUESTION 71Which of these statements about Resources and Capabilities is CORRECT?A. Resources are types of Service Asset and Capabilities are notB. Resources and Capabilities are both types of Service AssetC. Capabilities are types of Service Asset and Resources are notD. Neither Capabilities nor Resources are types of Service AssetAnswer: BQUESTION 72A risk is:A. Something that won't happenB. Something that will happenC. Something that has happenedD. Something that might happenAnswer: DQUESTION 73A Service Level Agreement (SLA) is:A. The part of a contract that specifies responsibilities of each partyB. An agreement between the Service Provider and an internal organizationC. An agreement between a Service Provider and an external supplierD. An agreement between the Service Provider and their customerAnswer: DQUESTION 74The information that is passed to Service Transition to enable them to implement a new service is called:A. A Service Level PackageB. A Service Transition PackageC. A Service Design PackageD. A New Service PackageAnswer: CQUESTION 75When should tests for a new service be designed?A. At the same time as the service is designedB. After the service has been designed, before the service is handed over to Service TransitionC. As part of Service TransitionD. Before the service is designedAnswer: AQUESTION 76Which of these is the correct set of steps for the Continual Service Improvement Model?A. Devise a strategy; Design the solution; Transition into production; Operate the solution; Continually ImproveB. Where do we want to be? How do we get there?; How do we check we arrived? How do we keep the momentum going?C. Identify the required business outcomes; Plan how to achieve the outcomes; Implement the plan; Check the plan has been properly implemented; Improve the solutionD. What is the vision?; Where are we now?; Where do we want to be?; How do we get there?; Did we get there?; How do we keep the momentum going?Answer: DQUESTION 77Which of the following activities are helped by recording relationships between Configuration Items (CIs)?1. Assessing the impact and cause of Incidents and Problems2. Assessing the impact of proposed Changes3. Planning and designing a Change to an existing service4. Planning a technology refresh or software upgradeA. 1 and 2 onlyB. All of the aboveC. 1, 2 and 4 onlyD. 1, 3 and 4 onlyAnswer: BQUESTION 78A single Release unit, or a structured set of Release units can be defined within:A. The RACI ModelB. A Release PackageC. A Request ModelD. The Plan, Do, Check, Act (PDCA) cycleAnswer: BQUESTION 79What are Request Models used for?A. Capacity ManagementB. Modelling arrival rates and performance characteristics of service requestsC. Comparing the advantages and disadvantages of different Service Desk approaches such as local or remoteD. Identifying frequently received user requests and defining how they should be handledAnswer: DQUESTION 80What is the objective of Access Management?A. To provide security staff for Data Centers and other buildingsB. To manage access to computer rooms and other secure locationsC. To manage access to the Service DeskD. To manage the right to use a service or group of servicesAnswer: DQUESTION 81Identity and Rights are two major concepts involved in which one of the following processes?A. Access ManagementB. Facilities ManagementC. Event ManagementD. Demand ManagementAnswer: AQUESTION 82Which of these is the BEST description of a release unit?A. The portion of a service or IT infrastructure that is normally released togetherB. The smallest part of a service or IT infrastructure that can be independently changedC. The portion of a service or IT infrastructure that is changed by a particular releaseD. A metric for measuring the effectiveness of the Release and Deployment。

epc合同的主要原则和约定英文回答：Key Principles and Conventions of EPC Contracts.EPC (Engineering, Procurement, and Construction) contracts are comprehensive agreements that govern the relationship between an owner and a contractor for the design, procurement, and construction of a capital project. These contracts are typically used for large and complex projects, such as power plants, oil and gas facilities, and industrial complexes.Key Principles.Mutual Trust and Cooperation: EPC contracts emphasize the importance of mutual trust and cooperation between the owner and contractor. This is essential for ensuring that the project is completed successfully and on time.Risk Allocation: EPC contracts carefully allocate risk between the owner and contractor. This is done through the use of warranties, indemnities, and other contractual provisions.Performance-Based Incentives: EPC contracts often include performance-based incentives that reward the contractor for meeting or exceeding certain performance targets. This helps to ensure that the project is completed to the highest standards.Dispute Resolution: EPC contracts typically include provisions for dispute resolution. This may include arbitration, mediation, or other forms of alternative dispute resolution.Key Conventions.Lump Sum Contracts: EPC contracts are typically lump sum contracts, which means that the contractor is paid a fixed price for the entire project. This provides the owner with certainty over the total cost of the project.Design-Build Contracts: EPC contracts are oftendesign-build contracts, which means that the contractor is responsible for both the design and construction of the project. This can streamline the project process and reduce the risk of delays.Procurement: EPC contractors are responsible for procuring all of the materials and equipment necessary for the project. This includes obtaining quotes from suppliers, negotiating contracts, and managing the delivery ofmaterials to the project site.Construction: EPC contractors are responsible for the construction of the project. This includes site preparation, excavation, foundation work, installation of equipment, and finishing work.Commissioning and Startup: EPC contractors are responsible for commissioning and starting up the project. This includes testing and adjusting the equipment, training the owner's personnel, and bringing the project intooperation.中文回答：EPC 合同的主要原则和约定。

Chapterc2 合同Contract第一节建筑合同的种类Types of Construction Contract一、按计价机制分类的合同(Contracts according to Pricing Mechanism) （一）总价合同/ 包干合同/ 总包合同(Lump Sum Contract)承包商同意实施全部指定的工程，以获得一笔预先规定的总款项。

[kən'sent]The contractor consents to execute the entire specified work for a stated total sum.（二）成本补偿合同(Cost Reimbursement Contract)雇主承诺支付承包商主要成本/直接成本，也就是施工中使用到的实际人工费、设备费、材料费。

The client undertakes to pay the contractor the prime cost: that is, the actual cost of labor, plant and materials utilized in the execution of the works.除了直接成本外，承包商还被付有代替开办费和利润的一笔约定款额。

In addition to the prime cost, the contractor is paid an agreed sum to cover establishment charges and profit.（三）单价合同(Unit Price Contract)即使没有给出合同价，但由于双方就适用于该工程的费率达成一致，因此对于成本是有一定控制的。

There is some control over cost because the parties agree on the rates which will apply to the work even though there is no contract sum. （四）计量合同(Measurement Contract)在本合同协定下，工程的单价是可提前预算的，但总价只能到工程完工时估量、估价来确定。

FIDIC《设计-建造与交钥匙工程合同条件》简介FIDIC《设计－建造与交钥匙工程合同条件》简介（1995 年第 1 版）FIDIC“桔皮书”被推荐在国际招标的工程设计和施工项目中使用。

国际上对“设计－建造”（Design-Build）与“交钥匙（Turnkey）尚无公认的定义。

一般是指承包商按照业主的要求，负责设计和实施，可能包括规划设计以与建造工程，对“交钥匙”合同还要求提供一套配备完整的设施，有时还可能提出试运行和运行的要求。

有时可能要求由承包商融资。

这一切要求都应在合同专用条件中具体明确地规定。

我国常提到的“总承包”合同并没有一个确切的定义，但至少“设计－建造”是总承包的一个类型，因而“桔皮书”稍加修改也适用于国内该类型的总承包合同。

FIDIC“桔皮书”适用于总价合同。

FIDIC“桔皮书”第一部分为通用条件，包括 20 节、20 条、160 款， 20 节的内容包括：合同，业主，业主代表，承包商，设计，职员与劳工，工程设备、材料和工艺，开工、延误和暂停，竣工检验，业主的接受，竣工后的检验，缺陷责任，合同价格与支付，变更，承包商的违约，业主的违约，风险和责任，保险，不可抗力，索赔、争端与仲裁。

第二部分为专用条件编制指南，附件中包括履约保函，履约担保书以与预付款保函的范例格式。

之后是投标书，投标书附件和协议书的范例格式。

下面将对通用条件中的 20 个问题进行简要的介绍和分析讨论。

一、合同（一）定义（1.1）“桔皮书”对文件，人员，日期，时间以与期限，检验和竣工，款项与支付，其他定义这六个方面的 45 个专用名词下了定义。

请仔细阅读原文。

“桔皮书”中没有“工程师”这一角色，而是由业主代表来进行合同管理。

（二）文件的提供、保管和版权（1.7－1.12） 1、现场的文件承包商应在现场保存一套完整的合同文件，施工、以与变更等文件，供业主方人员使用。

2、施工文件（1）施工文件应由承包商保存和照管。

并提供 6 份复制件供业主代表与助理使用。