Section 1 - Instructions to Bidders 1-23

41. Employer's 41.1 The Employer reserves the right to accept or reject any Bid, and to annul the

Right to Accept
Any Bid, and to
bidding process and reject all Bids at any time prior to contract award, without
thereby incurring any liability to Bidders. In case of annulment, all Bids

Reject Any or
All Bids
submitted and specifically, bid securities, shall be promptly retumed to the
Bidders.

F. Award of Contract

42. Award Criteria 42.1 The Employer shall award the Contract to the Bidder whose offer has been
determined to be the lowest evaluated Bid and is substantially responsive to
the Bidding Document, provided further that the Bidder is detennined to be

eligible and qualified to perform the Contract satisfactorily.

43. Notification
Award
of 43.1 Prior to the expiration of the period of bid validity, the Employer shall notify
the successful Bidder, in writing, that its Bid has been accepted .

43.2 At the same time, the Employer shall also notify all other Bidders of the
results of the bidding. The Employer will publish in an English language
newspaper or well-known freely accessible website the results identifying

the Bid and lot numbers, and the following information: (i) name of each
Bidder who submitted a bid; (ii) bid prices as read out at bid opening; (iii)

name and evaluated prices of each bid that was evaluated; (\.v) name of
Bidders whose Bids were rejected and the reasons for their rejection; and
(v) name of the winning Bidder, and the price it offered, as well as the
duration and summary scope qf the contract awarded. After publication of
award, unsuccessful Bidders may request in writing to the Employer for a

debriefing seeking explanations on the grounds on which their"Bids were

not selected. The Employer shall promptly respond in "writing to any

unsuccessful Bidder who, after publication of contract award, request for a

debriefing .

43.3 Until a fonnal contract is prepared and executed, the notification of award shall

constitute a binding Contract.

44. Signing of
Contract
44.1

44.2
Promptly after notification, the Employer shall send the successful Bidder the
Contract Agreement. '

Within 28 days of receipt of the Contract Agreement, the successful Bidder

shall sign, date, and return it to the Employer.

45. Performance 45.1 Within 28 days of the receipt of notification of award from the Employer, the
Security successful Bidder shall fumish the perfonnance security in accordance with

the conditions of contract, subject to ITB 39.5, using for that purpose the
Perfonnance Security Fonn included in Section 9 (Contract Fonns), or another

fonn acceptable to the Employer. .

45.2 Failure of the successful Bidder to submit the above-mentioned

Performance Security or sign the Contract shall constitute sufficient

1 grounds for the annulment of the award and forfeiture of the bid security or
execution of the Bid-Securing Declaration. In that event, the Employer
may award the Contract to the next lowest evaluated Bidder whose offer is
substantially responsive and is determined by the Employer to be qualified
to perform the Contract satisfactorily .

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Biddif\y DUl;UlIlelll fur _ Procurement of Plant Singie-Stage: Two-Envelope