INVITATION TO TENDER

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17. Format and Signing of Tenders

17.1 The tenderer shall prepare one original and two duplicate copies of the documents comprising the tender as described in Clause 10.1 hereof, bound within the Volume 3, and clearly marked "Original Tender" and "Duplicate Tender" as appropriate. In the event of any discrepancy between them, the original shall prevail.

17.2 The original and two duplicate copies of the tender shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to bind the tenderer to the Contract. Proof of authorization shall be furnished in the form of a written Power of Attorney that shall accompany the tender. All pages of the tender where entries or amendments have been made shall be initialed by the authorized person or persons signing the tender.

17.3 The complete tender shall be without alterations, interlineations or erasures, except those to accord with the instructions of any Agenda issued, or as necessary to correct errors made by the tenderer, in which case such corrections shall be initialed by the person or persons signing the tender.

17.4 Only one tender may be submitted by each tenderer, not including alternative offers submitted pursuant to Clause 15 hereof. No tenderer may participate in the tender of another for the same contract in any relation whatsoever.

18. Sealing and Marking of Tenders

18.1 The tenderer shall seal the original and two duplicate tenders each in an inner and an outer envelope, duly marking the envelopes as "Original" and "Duplicate".

18.2 The inner and outer envelopes shall:
(a) Be addressed to _________. (Address of employer's agent)
(b) Bear the following details:
(i) Tender for Construction of Contract _________;
(ii) _________ Project;
(iii) "Do not open before __________."

18.3 The inner envelopes shall bear the name and address of the tenderer to enable the tender to be returned unopened in case it is declared late. The outer envelope shall not bear any identification of the tenderer.

18.4 If the outer envelope is not marked as instructed above, _________ Company will assume no responsibility for the misplacement or premature opening of the tender. A tender opened prematurely for this cause will be rejected by the Employer or his agent ___________ and returned to the tenderer.

19. Deadline for Submission of Tenders

19.1 Tenders must be received by ______________ at the address specified above no later than _________.

19.2 The Employer or his agent __________ Company may, at their discretion, on giving not less than ________ calendar days notice by fax or e-mail to all pre-qualified tenderers who have picked up the tender documents, extend the deadline for the submission of tenders by issuing an Addendum in accordance with Clause 8, in which case all rights and obligations of the Employer and the tenderers previously subject to the deadline shall thereafter be subject to the new deadline as extended.

20. Late Tenders

Any tender received by ___________ Company after the prescribed deadline for submission of tenders will be returned unopened.

21. Modification and Withdrawal of Tenders

21.1 The tenderer may modify or withdraw his tender after submission, provided that the modification or notice of withdrawal is received in writing by __________ Company prior to the prescribed deadline for submission of tenders.

21.2 The tenderer's modification or notice of withdrawal shall be prepared, sealed, marked and dispatched in accordance with the provisions for the submission of tenders. A notice of withdrawal may also be sent by fax or e-mail, but shall be followed by a signed confirmation copy, postmarked not later than the deadline for submission of tenders.

21.3 Subject to Clause 24 hereof, no tender may be modified subsequent to the deadline for submission of tenders.

21.4 Withdrawal of a tender during the interval between the deadline for submission of tenders and the expiration of the period of tender validity may result in the forfeiture of tender security pursuant to Clause 14.

Tender Opening and Evaluation

22. Tender Opening

22.1 The Employer or his agent __________ will open the tenders, in the presence of tenderers' representatives who choose to attend, at___________on _______________at the offices of __________. Tenderers' representatives who are present shall sign a register evidencing their attendance.

22.2 Tenders for which an acceptable notice of withdrawal has been submitted pursuant to Clause 21 hereof shall not be opened. The Employer or his agent ___________ will examine the tenders to determine whether they are complete, whether the requisite tender securities have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order.

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