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Construction Law/Forfeited Tender Security

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Question
Asalamvalikoom

Sir

We are using modified fiddic silver book in of the tender the bidder after submittal of bid refused to lift deviation  which un necessary consuming time for client so we decided to forfeit tender security is it possible our clauses of document states as follows-;
TENDERER(S) shall certify in both the Non-priced and Priced proposal any below options:-

(a)   "Bidder  TENDER is in exact accordance with the stated requirements of the Tender Invitation Package with no exceptions".
         OR
(b)   "Bidder  TENDER is in exact accordance with the stated requirements of the Tender Invitation Package with no exceptions other than as listed below".

Client shall return to unsuccessful Bidder(S) their Tender Security within thirty (30) calendar days after the receipt of the Performance Bond from the successful Bidder(S) except for such amounts which shall have been forfeited in accordance with the Tender Invitation Package.
The Bidder(S) shall be responsible for obtaining and verifying all necessary data and such information as is provided in the Tender Invitation Package shall be confirmed by the Bidder(S). Bidder(S) shall verify, on his own responsibility, the laws and regulations in U.A.E which apply to the performance of the WORKS, including the provisions of Boycott of Israel.
The bidder submitted the offer with options-"Our TENDER is in exact accordance with the stated requirements of the Tender Invitation Package with no exceptions other than as listed below".
Please kindly advise us can we forfeit tender security.

Thanks
Junaidi

Answer
Dear Mr Shoaib,

Sorry for late reply, I was also busy with an operation for dissolution of a Joint Venture, which is not a common practice.

Regarding your question, you have a case to declare the bid as non-responsive and forfeit of the tender security.

However, generally, the option for forfeiting the security is always employer's call and generally, they return it to the tenderers. The major penalty for tenderers is un-successful bid. There is only a point that I do not understand is, it is common practice in middle east that the provisions of boycott and all the tenderers working in the region must be well aware of it.

Best Regards,

IRVALI

Construction Law

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ALI IRVALI

Expertise

FIDIC, Arbitration Procedures, Claim Management, Project Management.

Experience

I have experience of working at 6 countries in MENA region (algeria, Libya, Saudi Arabia, Oman, Pakistan)as the Regional Director and General Manager of a construction company. I have experience on various applications of FIDIC and construction law, arbitration procedures, claim management, project management.

Organizations
CEO of TURCON Construction presently. www.turcon.com.pk

Education/Credentials
M.S. Civil Engineer, Various Courses on Project Management, Seminars on FIDIC.

Past/Present Clients
National Highway Authorities of various countries, Water and Power Development Authorities, Karachi Port Trust, etc.

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