15.7 The bid security may be forfeited:
1) if a Bidder withdraws its bid during the period of bid validity specified in the bidding documents; or
2) if the successful Bidder fails to sign the contract in accordance with ITB Clause 35;or
3) if the successful Bidder fails to furnish performance security in accordance with ITB Clause 36.
16. Period of Validity of Bids
16.1 Bids shall remain valid for the period specified in the Bid Data Sheet
from the date of bid opening, pursuant to ITB Clause 22.1.A bid valid for a shorter period shall be rejected as non-responsive.
16.2 In exceptional circumstances, prior to the expiry of the original bid
validity period, the Tendering Agent may request the Bidder’s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. A Bidder may refuse the request without forfeiting its bid security. A Bidder agreeing to the request will not be required nor permitted to modify its bid, but will be required to extend the validity of its Bid security correspondingly. The provisions of Clause 15 regarding discharge and forfeiture of Bid Security shall continue to apply during the extended period of bid validity.
17. Format and Signing of Bids
l7.1 The Bidder shall prepare an original and the number of copies of the
bid indicated in the Bid Data Sheet, clearly marking each “ORIGINAL”, or “COPY” of bid, as appropriate. In the event of any discrepancy between them, the original shall govern.
17.2 The original bid shall be typed or written in indelible ink and shall
be signed by the Bidder or a person or persons duly authorised to bind the Bidder to the contract. The latter authorisation shall be indicated by written power of attorney accompanying the bid. A11 pages of the bid, except for unamended printed literature, shall be initialed by the person or persons signing the bid. The copies of bid can be the duplicated copies of the original bid.
17.3 Any interlineation, erasures or overwriting shall be valid only if
they are initialed by the person or persons signing the bid.
D. Submtssion of Bids
18. Sealing and Marking of Bids
18.1 For the convenience of Bid Opening, the Bidder is required to submit
the Summary Sheet for Bid Opening, together with the Bid Security, in a separate envelope and duly marking the envelope as “Summary Sheet for Bid Opening”. The Bidder shall seal the original and each copy of the bid in separate envelopes, duly marking the envelopes as“ORIGINAL” and“COPY”. All these envelopes shall then be sealed in an outer envelope.
18.2 The inner and outer envelope shall be:
1) addressed to the address given in the Bid Data Sheet; and
2) bear the Project name indicated in the Bid Data Sheet, the Invitation for Bids(IFB)title and number indicated in the Bid Data Sheet, and the word“DO NOT OPEN BEFORE”, followed by the time and date for bid opening specif1din the Bid Dam Sheet, pursuant to ITB Clause 22.
18.3 The inner envelopes shall also indicate the name and address of the
Bidder to enable the bid to be returned unopened in case it is declared “late”.
18.4 If the outer envelope is not sealed and marked as required by ITB Clause
18.2, the Tendering Agent will assume no responsib11ity for the bid’s misplacement or premature opening.
19. Deadline for Submission of Bids
19.1 Bids must be received by the Tendering Agent at the address specified
under ITB Clause 18.2 no later than the time and date specif1ed in the Bid Data Sheet.
19.2 The Tendering Agent may, at its discretion, extend this deadline for
the submission of bids by amending the bidding documents in accordance with ITB C1ause7, in which case all rights and obligations of the Tendering Agent/the Tenderer and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended.
20. Late Bids
20.1 Any bid received by the Tendering Agent after the deadline for
submission of bids, pursuant to ITB Clause 19, will be rejected and returned unopened to the Bidder.
21. Modification and Withdrawal of Bids
21.1 The Bidder may modify or withdraw its bid after the bid’s submission,
provided that written notice of the modification, including substitution or withdrawal of the bids, is received by the Tendering Agent prior to the deadline for submission of bids.
21.2 The Bidder’s rnodif1cation or withdrawal notice shall be prepared,
sealed, marked and dispatched in accordance with the provisions of ITB Clause l8.
21.3 No bid may be modified after the deadline for submission of bids.
21.4 No bid may be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified by the Bidder on the Bid Form. Withdrawal of a bid during this interval may result in the Bidder’s forfeiture of its bid security, pursuant to ITB Clause 15.7.
E. Opening and Evaluation of Bids
22. Opening of Bids
22.1 The Tendering Agent will open all bids in the presence of bidders’
representatives who choose to attend, in the place and at the date and time specified in the Bid Data Sheet. The bidders, representatives who are present shall sign a register evidencing their attendance.
22.2 The bidders’ names, bid Inodif1cations or withdrawals, bid pr1ces,
discounts, and the presence or absence of the requisite bid security and such other details as the Tendering Agent, at its discretion, may consider appropriate, will be announced at the bid opening. No bid shall be rejected at bid opening, except for late bids, which shall be returned unopened to the Bidder pursuant to ITB Clause 20.
22.3 Bids (and modifications sent pursuant to ITB Clause 21.2) that are
not opened and read out at the bid opening shall not be considered further for evaluation. Such bids will be returned unopened to the bidders.
22.4 The Tender1ng Agent wi1i prepare minutes of the bid opening.
23. Clarification of Bids
23.1 During evaluation of the bids, the Tendering Agent may, at its
discretion, ask the Bidder for a clarification of its bid. The request for clarification and the response shall be in writing, and no change in the prices or substance of the bid shall be sought, offered or permitted.
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