The Public Procurement Rules 2008 - LGED

specified in Schedule II, except under Sub-Rule (4), shall be stated in the Tender Document .
(6) A Tender security shall not be requested for Procurement of Goods and related
Services, Works and Physical Services undertaken by Direct Procurement Method, and Request
for Quotations Method.
(7) A Tender security shall remain valid for at least twenty-eight (28) days beyond the
expiry date of the Tender validity in order to enable a Procuring Entity to make a claim in due
course against a Tenderer in the circumstances detailed in Rule 25.
(8) The Procuring Entity shall advise the Tenderer of the date by which the Tender
security extended under this rule shall be accepted.
23. Extension of Validity of Tender Security|— (1) Tenderers consenting to extend
their Tender or Proposal validity periods. shall also correspondingly extend, in accordance with
Sub-Rule (3), the validity of their Tender securities, where applicable.
(2) In case a Tenderer does not agree to extend its Tender validity period, its Tender will
not be considered for subsequent evaluation and the Tender security shall be returned to the
Tenderer as soon as possible.
(3) The Tender security shall be extended by at least twenty-eight (28) days beyond the
new expiry date of the Tender validity, if the Tender validity period is extended.
24. Verification of the Authenticity of Tender Security|— (1) The authenticity of
Tender security submitted by a Tenderer shall be verified by the Tender Evaluation Committee in
writing from the Bank issuing the security , prior to the finalization of the Evaluation Report. , .
(2) If a Tender security is found to be not authentic, the Tender which it covers shall not
considered for subsequent evaluation and in such cases the Procuring Entity shall proceed to
take measures in line with Section 64 (5) of the Act.
25. Forfeiture of Tender Security|— (1) A Tender security shall be forfeited if the
Tenderer-
(a) withdraws his Tender after the opening of Tenders but within the validity of the
Tender security ; or
(b) refuses to accept a Notification of Award ; or
(c) fails to furnish performance security, if so required; or
(d) refuses to sign the Contract; or
(e) does not accept the correction of the Tender amount following the correction of
arithmetic errors pursuant to Rule 98 (11).
26. Return of Tender Securities |— (1) No Tender securities shall be returned to the
Tenderers by the Tender Opening Committees (TEC) after the opening of Tenders.
(2) No Tender security shall be returned to the Tenderers before contract signing,
except to those who are considered non-responsive.
(3) Tender securities of non-responsive Tenders shall be returned immediately after the
Evaluation Report has been approved by the Procuring Entity.
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