1.1 Titas Gas Transmission & Distribution Co. Ltd. (hereinafter referred to as the “Purchaser”) wishes to issues these Tender Documents for the supply of Goods as specified in the TDS and as detailed in Section 6: Schedule of Requirements.
1.2 The name of the Tender and the number and identification of its constituent lot(s) are stated in the TDS.
1.3 The successful Tenderer will be required to complete the delivery of the goods as specified in the GCC Clause 18.
1.4 A Single Stage Two Envelope tendering procedure will be followed for the Invitation for Tender (IFT) under which the tenderer shall submit simultaneously two separate sealed Envelopes, one containing the Technical Proposal the other containing Financial Proposal. All together in a single sealed envelope.
2.1 Throughout this Tender Document
(c) “day” means calendar days unless otherwise specified as working days;
(d) "Tender Document ", means the Document provided by a Purchaser to a Tenderer as a basis for preparation of its Tender;
(e) "Tender ", depending on the context, means a Tender submitted by a Tenderer for delivery of Goods and Related Services to a Purchaser in response to an Invitation for Tender ;
3.1 The purchase will be financed under company’s own Cash Foreign Exchange.
4.1 The Government requires that Procuring Entities, as well as Tenderers shall observe the highest standard of ethics during implementation of procurement proceedings and the execution of Contracts under public funds.
4.2 The Government requires that Procuring Entities, as well as Tenderers and Suppliers shall, during the Procurement proceedings and the execution of Contracts under public funds, ensure
(a) that neither it’s any officer nor any staff or any other agents or intermediaries working on its behalf engages in any practice as detailed in ITT Sub Clause 4.3.
4.3 For the purposes of ITT Sub-clause 4.2 the terms set forth as bellows:
(a) corrupt practice means offering, giving or promising to give, receiving, or soliciting, either directly or indirectly, to any officer or employee of a Purchaser or other public or private authority or individual, a gratuity in any form; employment or any other thing or service of value as an inducement with respect to an act or decision or method followed by a Purchaser in connection with a Procurement proceeding or contract execution;
(b) fraudulent practice means the misrepresentation or omission of facts in order to influence a decision to be taken in a Procurement proceeding or Contract execution;
(c) collusive practice means a scheme or arrangement between two (2) or more Persons, with or without the knowledge of the Purchaser, that is designed to arbitrarily reduce the number of Tenders submitted or fix Tender pricesat artificial, non-competitive levels, thereby denying a Purchaser the benefits of competitive price arising from genuine and open competition; or
(d) coercive practice means harming or threatening to harm, directly or indirectly, Persons or their property to influence a decision to be taken in a Procurement proceeding or the execution of a Contract, and this will include creating obstructions in the normal submission process used for Tenders.
4.4 Should any corrupt, fraudulent, collusive or coercive practice of any kind come to the knowledge of the Purchaser, it will, in the first place, allow the Tenderer to provide an explanation and shall, take actions only when a satisfactory explanation is not received. Such exclusion and the reasons thereof, shall be recorded in the record of the procurement proceedings and promptly communicated to the Tenderer concerned. Any communications between the Tenderer and the Purchaser related to matters of alleged fraud or corruption shall be in writing.
4.5 If corrupt, fraudulent, collusive or coercive practices of any kind determined by the Purchaser against any Tenderer alleged to have carried out such practices, the Purchaser shall -
(a) exclude the concerned Tenderer from further participation in the particular Procurement proceeding; or
(b) reject any recommendation for award that had been proposed for that concerned Tenderer or;
(c) Declare, at its discretion, the concerned Tenderer to be ineligible to participate in further Procurement proceedings, either indefinitely or for a specific period of time.
4.6 The Tenderer shall be aware of the provisions on corruption, fraudulence, collusion and coercion and others as stated in GCC Clause 3.
5.1 This Invitation for Tenders is open to eligible Tenderers from all countries, except for any specified in the TDS. A Tenderer will be eligible if it is a citizen, or is constituted, registered and operates in conformity with the provisions of the laws of that country.
5.2 A Tenderer may be a physical or juridical individual or body of individuals, or company, association invited to take part in public procurement or seeking to be so invited or submitting a Tender in response to an Invitation for Tenders.
5.3 Government-owned enterprises inBangladeshshall be eligible only if they can establish that they (i) are legally and financially autonomous, (ii) operate under commercial law, and (iii) are not a dependent agency of the Purchaser.
5.4 Tenderers shall have the legal capacity to enter into the Contract. A Tenderer that is under a declaration of ineligibility by the Government of Bangladesh in accordance with applicable laws at the date of the deadline for Tender submission or thereafter shall be disqualified.
5.5 Tenderers and all parties constituting the Tenderer shall not have a conflict of interest.
5.6 Tenderers in its own name or its other names or also in the case of its Persons in different names, shall not be under a declaration of ineligibility for corrupt, fraudulent, collusive or coercive practices as stated under ITT Sub Clause 4.3.
5.7 Tenderers are not restrained or barred from participating in public Procurement on grounds of execution of defective supply in the past under any Contract.
5.8 Tenderers are not under a declaration of ineligibility by an international financing agency such as World Bank, Asian Development Bank or any other international agency.
5.9 Tenderers shall not be insolvent, be in receivership, be bankrupt, be in the process of bankruptcy, be not temporarily barred from undertaking business and it shall not be the subject of legal proceedings for any of the foregoing.
5.10 Tenderers shall have fulfilled its obligations to pay taxes and social security contributions under the provisions of laws and regulations of the country of its origin..
5.11 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Purchaser, as the Purchaser will reasonably request.
5.12 These requirements for eligibility will extend, as applicable, to Sub-contractor proposed by the Tenderer.
6.1 All goods and related services to be supplied under the contract are eligible, unless their origin is from a country specified in the TDS.
6.2 For purposes of this Clause, the term “goods” includes commodities, raw material, machinery, equipment, and industrial plants; and “related services” includes services such as insurance, transportation, installation, and commissioning, training, and initial maintenance.
6.3 For purposes of this clause, “origin” means the country where the goods have been mined, grown, cultivated, produced, manufactured or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components.
6.4 The origin of goods and services is distinct from the nationality of the Tenderer. The nationality of the firm that produces, assembles, distributes, or sells the goods shall not determine their origin.
7.1 For goods contracts requiring installation/ commissioning/ networking or similar services at site, the Tenderer, at the Tenderer’s own responsibility and risk, is encouraged to visit and examine the Site and obtain all information that may be necessary for preparing the Tender and entering into a contract for the supply of goods and related services.
7.2 The Tenderer should ensure that the Purchaser is informed of the visit in adequate time to allow it to make appropriate arrangements.
7.3 The costs of visiting the Site shall be at the Tenderer’s own expense.
8.1 The Sections comprising the Tender Document are listed below and should be read in conjunction with any addendum issued under ITT Clause 11.
· Section 1 Instructions to Tenderers (ITT)
· Section 2 Tender Data Sheet (TDS)
· Section 3 General Conditions of Contract (GCC)
· Section 4 Particular Conditions of Contract (PCC)
· Section 5 Tender and Contract Forms
· Section 6 Schedule of Requirements
· Section 7 Technical Specifications
· Section 8 Drawings (if any)
8.3 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the Tender Document as well as addendum to Tender Documents.
9.1 A prospective Tenderer requiring any clarification of the Tender Document shall contact the Purchaser in writing at the Purchasers address indicated in the TDS before two-third of time allowed for preparation and submission of Tender elapses.
9.2 A Purchaser is not obliged to answer any clarification received after that date requested under ITT Sub-Clause 9.1.
9.3 The Purchaser shall respond in writing within five (5) working days of receipt of any such request for clarification received under ITT Sub-Clause 9.1
9.4 The Purchaser shall forward copies of its response to all those who have purchased the Tender Document, including a description of the enquiry but without identifying its source.
9.5 Should the Purchaser deem it necessary to amend the Tender Document as a result of a clarification, it shall do so following the procedure under ITT Clause 11.
10.1 To clarify issues and to answer questions on any matter arising in the Tender Document, the Purchaser may, if stated in the TDS, hold a Pre-Tender Meeting at the place, date and time as specified in the TDS. All Potential Tenderers are encouraged to attend the meeting, if it is held.
11.1 At any time prior to the deadline for submission of Tenders, the Purchaser on its own initiative or in response to a clarification request in writing from a Tenderer, having purchased the Tender Document or as a result of a Pre-Tender meeting, may revise the Tender Document by issuing an addendum
11.2 The addendum issued under ITT Sub-Clause 11.1 shall become an integral part of the Tender Document and shall have a date and an issue number and shall be circulated by fax, mail or e-mail, to Tenderers who have purchased the Tender Documents within five (5) working days of issuance of such addendum, to enable Tenderers to take appropriate action.
12.1 The Purchaser requires the Tenderer to be qualified by meeting predefined, precise minimum requirements, which entails setting pass/fail criteria, which if not met by the Tenderer, will result in rejection of its Tender.
12.2 In addition to meeting the eligibility criteria, as stated in ITT Clause 5, the Tenderer must satisfy the other criteria stated in ITT Clauses 13 to 15 inclusive.
12.3 To qualify for a multiple number of lots in a package for which tenders are invited in the Invitation for Tenders, The Tenderer shall demonstrate having resources and experience sufficient to meet the aggregate of the qualifying criteria for the individual lot. The requirement of overall experience and specific experience under ITT Sub-Clause 14.1 (a) and 14.1 (b) shall not be separately applicable for individual lot.
13.1 The maximum number of arbitration awards against the Tenderer over a period shall be as specified in the TDS.
14.1 Tenderers shall have the following minimum level of supply experience to qualify for supplying the Goods under the contract:
(a) A minimum number of years of overall experience in the supply of goods as specified in the TDS; and
(b) Specific experience of satisfactory completion of supply of similar goods of minimum value stated in the TDS under maximum number of contracts stated in TDS within the period stated in TDS; and
(c) A minimum supply and/or production capacity of Goods as specified in the TDS.
15.1 Tenderers shall have the following minimum level of financial capacity of qualify for the supply of goods under the contract:
(a) Availability of minimum liquid assets or working capital or credit facilities from a Bank, as specified in the TDS.
16.1 Tenderer is not allowed to sub-contract any portion of the Supply.
17.1 If a Tender for Goods is invited on ‘lot-by-lot’ basis, each lot shall constitute a Tender. A Tenderer shall submit only one (1) Tender for each lot, A Tenderer who submits or participates in more than one (1) Tender for each lot will cause all the Tenders with that Tenderer’s participation to be rejected.
18.1 Tenderers shall bear all costs associated with the preparation and submission of its Tender, and the Purchaser shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.
19. Issuance and Sale of Tender Document
19.1 Tender Documents will be available to the potential Tenderers, requesting and willing to purchase at the corresponding price as mentioned in the advertisement that has been published in the newspaper.
19.2 Full contact details with mailing address, telephone and facsimile numbers and electronic mail address, as applicable, of those to whom Tender Documents have been issued shall be recorded with a reference number by the Purchaser or its agent.
20.1 Tenders shall be written in English language. Supporting documents and printed literature furnished by the Tenderer may be in another language provided they are accompanied by an accurate translation of the relevant passages into the English language, in which case, for purposes of interpretation of the Tender, such translation shall govern.
20.2 Tenderers shall bear all costs of translation to the governing language and all risks of the accuracy of such translation.
21.1 The tender submitted by the tenderers shall comprise of two separate envelopes submitted simultaneously, one containing only "Technical Proposal" and the other "Price Proposal".
The Technical Proposal shall be submitted in Triplicate (one original & two copies) comprising of the following documents:
a)Tenderer information sheet (FORM-A) as furnished in Section 5.
b) Authorisation for signing the Tender.
c) Tender Form For Technical Proposal (FORM-B) and Schedule of Requirements duly filled in and signed.
d) Tender Security (FORM-E), pursuant to ITT Clause-29, 30 and 31.
e) Product Catalogue(s) pursuant to ITT Clause-25.2(d).
f) Manufacturer's Authorisation Certificate(s) (FORM-D), pursuant to ITT Clause-25.2(e).
g) The completed Specifications Submission and Compliance Sheet (FORM-C) as furnished in Section 5 as stated under ITT clause 25.2;
h) Letter of Authorisation to Local Agent, if any, pursuant to ITT Clause-25.2(g).
i) Other documents to be furnished by Local Agent (if any), pursuant to ITT Clause-25.2(h).
j) Original Money Receipt as evidence of purchase of Tender Document.
[ If a local agent wishes to submit tenders from more than one principal, in that case separate documents are to be purchased for each principal and copy of separate money receipts shall be furnished with the tender. ]
k) Tender Document duly sealed and signed.
l) Any other material and/or document required to be completed and submitted by the Tenderers in accordance with the Instructions to Tenderers and Technical Specifications.
The Price Proposal shall be submitted in Triplicate (one original & two copies) comprising of the following documents:
a) Tender form for Price Proposal (FORM-F) duly filled in and signed.
b) Price Schedule (FORM-G) duly filled in and signed.
22.1 Unless otherwise stated in the TDS, alternatives shall not be considered.
23. Tender Prices, Discounts
23.1 The prices and discounts quoted by the Tenderer in the Price Schedule shall conform to the requirements specified below.
23.2 All lots or items as listed in Section 6: Schedule of Requirements must be listed and priced separately on the Price Schedule.
23.3 Tenders are being invited either for a single lot or for a number of lots on ‘lot-by-lot’ basis, as specified in the TDS.
23.4 Each lot shall constitute a Tender, If Tenders for Goods are invited on ‘lot-by-lot’ basis.
23.5 Tenders being invited for a single lot or for a number of lots on ‘lot-by-lot’ basis, price quoted shall correspond to 100% of the items specified for each lot and to 100% of the quantities specified for each item of that particular lot and shall correspond to 100% of the total offered lot value, unless otherwise stated in the TDS
23.6 A Lot Tender not offering minimum number of items of those being priced based on percentage of the total number of items, and, the corresponding minimum value based on percentage of the total lot value, as specified in the ITT Sub-Clause 23.5 shall also be considered non-responsive.
23.7 a) Prices shall be quoted on CFR Chittagong by Sea freight basis or CFR Dhaka by Air freight basis as indicated in the 'Price Schedule' and strictly in accordance with the Format and instructions contained therein.
b) Ocean Freight/Airfreight Charges shall be paid at actual subject to maximum amount as quoted by the Tenderer under this head.
c) Commission payable to the local agent, if any, should be specifically declared by the Principal Tenderer.
d) Prices quoted by the tenderer shall remain fixed and valid until completion of the Contract performance and will not be subject to variation on any account.
24.1 Tender prices may be quoted either in U.S.Dollars, EURO, Sterling Pounds or in any other freely convertible currency.
25. Documents Establishing the Conformity of the Goods
25.1 To establish the conformity of the Goods to the Tender Documents, the Tenderer shall furnish as part of its Tender the documentary evidence that the Goods conform to the technical specifications and standards in Section 7.
(a) a detailed description of the essential technical and performance characteristics of the Goods;
(b) if so required in TDS, tenderer shall also furnish a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods during the period specified in the TDS, following commencement of the use of the Goods by the Purchaser ; and
(c) an item-by-item commentary on the Purchaser’s Technical Specifications demonstrating substantial responsiveness of the Goods to those specifications, or a statement of deviations and exceptions to the provisions of Section 7. Technical Specifications.
(d) Product Catalogue:
Printed original copy of the relevant product catalogue(s) in English language evidencing that the offered goods are already in the standard product range of the manufacturer should be furnished with the tender. Detailed technical specifications and descriptions and where applicable, Type/Model/Size of the offered items must be available in the catalogue. “Moreover, the official website address of the manufacturer should be mentioned in their product catalogue to verify the authenticity of the submitted original printed catalogue”. Any document or drawing appearing to be made only to suit this particular tender requirements will not be considered as substitute of technical catalogue. In case the tenderer is not able to submit the original printed copy of the catalogue with the tender for reasons beyond the control of the tenderer, fax copy or photocopy of the same may be submitted at the time of tender submission. However, original printed copy of the catalogue must be furnished within 7 days after the tender opening, otherwise the tender will be treated as non-responsive.
(e) Manufacturer's Authorisation:
In case the Tenderer themselves are not the manufacturer of the offered goods, they must furnish a certificate from the manufacturer to the effect that the Tenderer has been duly authorised by the goods' manufacturer or producer to supply the goods to the Purchaser's country. Such certificate should be furnished with the tender in Original Letter Head Pad containing complete mailing address (Postal address, Phone No., Fax No., E-mail etc.) of the manufacturer duly signed by an authorised person. In case the tenderer is not able to submit the original copy or even a faxed/photocopy of the certificate with the Tender for reasons beyond the control of the Tenderer, it must be furnished within 7 days after the Tender opening, otherwise the Tender will be treated as non-responsive.
(f) A certificate to be furnished with the tender to the effect that the price quoted are the normal export price and that the materials quoted are new and conform to the required specifications.
(g) Letter of Authorisation to Local Agent:
A Letter of Authorisation to Local Agent, if any, to be issued by the Principal clearly showing the commission payable to the agent in percentage on FOB value. Local agent's commission will be paid in local currency at the exchange rate prevailing on the day of Tender opening (Technical) after receipt of the goods in Purchaser's Store.
(h) Other Documents (to be furnished by Local Agent):
Local Agents shall also furnish their Trade Licence No., G.I.R. / T.I.N. No., Photocopy of Indentor's Registration Certificate, Bangladesh Bank Permission, Membership Certificate of Bangladesh Indenting Agents Association and VAT Certificate.
26. Documents Establishing Qualifications of the Tenderer
26.1 The documentary evidence of the Tenderer’s qualifications to perform the contract if its Tender is accepted shall establish to the Purchaser’s satisfaction:
(a) that the Tenderer meets each of the qualification criterion specified in Sub-Section C, Qualification Criteria of the ITT;
(b) that, if required in the TDS, a Tenderer that does not manufacture or produce the Goods it offers to supply shall submit the Manufacturer’s Authorization Letter furnished in Section 5: Tender and Contract Forms, to demonstrate that it has been duly authorized by the manufacturer or producer of the Goods to supply the Goods to Bangladesh.; and
(c) that, if required in the TDS, in case of a Tenderer not doing business within Bangladesh, the Tenderer is or will be (if awarded the contract) represented by an Agent in the country equipped and able to carry out the Supplier’s maintenance.
27.1 Tenders shall remain valid for the period specified in the TDS after the date of Tender submission deadline prescribed by the Purchaser, as stated under ITT Clause 36. A Tender valid for a period shorter than that specified will be rejected by the Purchaser as non- responsive.
28.1 In justified exceptional circumstances, or at the request from the prospective tenderers prior to the expiration of the Tender validity period, the Purchaser may extend of the Tender validity.
29.1 The Tender Security and its amount shall be determined sufficient to discourage the submission of frivolous and irresponsible tenders and shall be expressed as a rounded fixed amount and, shall not be stated as a precise percentage of the estimated total Contract value.
29.2 The Tenderer shall furnish as part of its Tender, in favour of the Purchaser or as otherwise directed on account of the Tenderer as specified in TDS.
29.3 Amount of the Tender security may be determined on the basis of different percentages for each lot, but the amount in fixed and currency as specified in TDS, if so indicated that the Tenders are invited on lot-by-lot basis under ITT Sub Clause 23.3
30.1 The Tender Security shall be-
a) in the form of an irrevocable bank guarantee issued by an internationally reputable bank and shall require to be endorsed by its any correspondent bank located in Bangladesh (scheduled bank), to make it enforceable, in the format furnished in Section 5: Tender and Contract Forms ; or,
(b) in the form a Bank Draft/Pay Order issued in favour of the Purchaser from any scheduled bank located in the Purchaser's country.
30.3 remain valid for at least twenty eight (28) days beyond the expiry date of the Tender Validity in order to make a claim in due course against a Tenderer in the circumstances detailed under ITT Clause 33 .
31.1 The authenticity of the Tender security submitted by a Tenderer shall be examined and verified by the Purchaser in writing from the Bank issuing the security, prior to finalization of the Evaluation Report
31.2 If a Tender Security is found to be not authentic, the Tender which it covers shall not be considered for subsequent evaluation and in such case the Purchaser shall proceed to take punitive measures against that Tenderer as stated under ITT Sub-Clause 4.6.
31.3 Tender not accompanied by a valid Tender Security as stated under Sub-Clause 29, 30 and 31, shall be considered as non-responsive.
32.1 No Tender security shall be returned by the Tender Opening Committee during and after the opening of the Tenders
32.2 No Tender security shall be returned to the Tenderers before contract signing, except to those who are found non-responsive.
32.3 Tender securities of the non-responsive Tenders shall be returned immediately after the Evaluation Report has been approved by the Purchaser.
32.4 Tender securities of the responsive Tenderers shall be returned only after the lowest evaluated responsive Tenderer has submitted the performance security and signed the contract, that being even before the expiration of the validity period specified in Clause 27.
32.5 Tender Securities of the Tenderers not consenting within the specified date in writing to the request made by the Purchaser under ITT Sub-Clause 28.1 in regard to extension of its Tender validity shall be discharged or returned forthwith.
33.1 The Tender security may be forfeited if a Tenderer:
(a) withdraws its Tender after opening of Tenders but within the validity of the Tender as stated under ITT Clauses 27,and 28; or
(b) refuses to accept a Notification of Award as stated under ITT Sub-Clause 60.3; or
(c) fails to furnish performance security as stated under ITT Sub-Clause 61.2; or
(d) refuses to sign the Contract/Purchase Order as stated under ITT Sub-Clause 65.2; or
(e) does not accept the correction of the Tender price following the correction of arithmetic errors as stated under ITT Clause 49
34.1 The Tenderer shall prepare one (1) original of the documents comprising the Tender as described in ITT Clause 21 and clearly mark it “ORIGINAL”. In addition, the Tenderer shall prepare the number of copies of the Tender, as specified in the TDS and clearly mark each of them “COPY”. In the event of any discrepancy between the original and the copies, the original shall prevail.
34.2 Alternatives, if permitted under ITT Clause 22, shall be clearly marked “Alternative”.
34.3 The original and each copy of the Tender shall be typed or written in indelible ink and shall be signed by a person duly authorised to sign on behalf of the Tenderer. This authorisation shall consist of a written authorisation and shall be attached to the Technical Proposal.
34.4 The name and position held by each person signing the authorisation must be typed or printed below the signature.
34.5 All pages of the original and of each copy of the Tender, except for un-amended printed literature, shall be numbered sequentially and signed or initialled by the person signing the Tender.
34.6 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialled by the person(s) signing the Tender.
34.7 Person(s) signing the Tender shall describe his or her name, address, position.
35. Sealing, Marking and Submission of Tender
35.1 The tenderer shall seal the original and each copy of the Technical Proposal, the original and each copy of the Price Proposal in separate envelopes, duly marking them "Original-Technical Proposal, Original-Price Proposal","Copy No. 1 -Technical Proposal, Copy No.1 - Price Proposal" etc. as appropriate. All together in a single sealed envelope.
35.2 Tenders shall be properly marked by Tenderers in order not be confused with other types of correspondence which may also be hand-delivered or posted by mail or courier service. The inner and outer envelopes shall:
(a) bear the name and address of the Tenderer ;
(b) be addressed to the Purchaser as stated under ITT Sub-Clause 36.1;
(c) bear the specific identification of this tendering process indicated in ITT Sub-Clause1.2 and any additional identification marks as specified in the TDS; and
(d) bear a statement “DO NOT OPEN BEFORE…” the time and date for Tender opening, as stated under ITT Sub- Clause 42.2
35.3 The Tenderer is solely and entirely responsible for pre-disclosure of Tender information if the envelope(s) are not properly sealed and marked.
35.4 Tenders shall be delivered by hand or by mail, including courier services to location as designated in the ITT Sub-Clause 36.1.
35.5 Tenders shall be submitted on the basis of this Tender Document issued by the Purchaser.
35.6 The Purchaser will, on request, provide the Tenderer with a receipt showing the date and time when it’s Tender was received.
35.7 When so specified in the TDS, tenderers shall have the option of submitting their tenders electronically.
35.8 Tenderers submitting tenders electronically shall follow the electronic tender submission procedures specified in the TDS.
36.1 Tenders shall be delivered to the Purchaser at the address specified in the TDS and no later than the date and time specified in the TDS.
36.2 The Purchaser may, at its discretion on justifiably acceptable grounds duly recorded, extend the deadline for submission of Tender as stated under ITT Sub Clause 36.1, in which case all rights and obligations of the Purchaser and Tenderers previously subject to the deadline will thereafter be subject to the new deadline as extended.
37.1 Any Tender received by the Purchaser after the deadline for submission of Tenders as stated under ITT Sub-Clause 36.1, shall be declared LATE, rejected, returned unopened to the Tenderer.
38.1 A Tenderer may modify, substitute or withdraw its Tender after it has been submitted by sending a written notice duly signed by the authorised signatory properly sealed, and shall include a copy of the authorisation (the power of attorney), confirmed by an affidavit duly authenticated as stated under ITT Clause 34.3, provided that such written notice including the affidavit is received by the Purchaser prior to the deadline for submission of Tenders as stated under ITT Sub-Clause 36.1.
39.1 The Tenderer shall not be allowed to retrieve its original Tender, but shall be allowed to submit corresponding modification to its original Tender marked as “MODIFICATION”.
40.1 The Tenderer shall not be allowed to retrieve its original Tender, but shall be allowed to submit another Tender marked as “SUBSTITUTION”.
41.1 The Tenderer shall be allowed to withdraw its Tender by a Letter of Withdrawal marked as “WITHDRAWAL”.