submitting the Performance Security at the time signing the Agreement in accordance with the provisions thereof. 2.21.2 Any Bid not accompanied by the Bid Security shall be rejected by the County as non‐ responsive. 2.21.3 The County shall not be liable to pay any interest on the Bid Security and the same shall be interest free. 2.21.4 The Bidder, by submitting its Proposal pursuant to this RFP, shall be deemed to have acknowledged that without prejudice to the County's any other right or remedy hereunder or in law or otherwise, the Bid Security shall be forfeited and appropriated by the County as the mutually agreed pre‐estimated compensation and damage payable to the County for, inter alia, the time, cost and effort of the County in regard to the RFP including the consideration and evaluation of the Proposal under the following conditions: If a Bidder submits a non‐responsive Proposal; b) If a Bidder engages in any of the Prohibited Practices specified in Section 4 of this RFP document; c) If a Bidder withdraws its Proposal during the period of its validity as specified in this RFP document and as extended by the Bidder from time to time; d) In the case of the Selected Bidder, if the Bidder fails to reconfirm its commitments during negotiations as required vide Clause 2.25.1;
submitting the Performance Security at the time signing the Agreement in accordance with the provisions thereof. 2.21.2 Any Bid not accompanied by the Bid Security shall be rejected by the County as non‐ responsive. 2.21.3 The County shall not be liable to pay any interest on the Bid Security and the same shall be interest free. 2.21.4 The Bidder, by submitting its Proposal pursuant to this RFP, shall be deemed to have acknowledged that without prejudice to the County's any other right or remedy hereunder or in law or otherwise, the Bid Security shall be forfeited and appropriated by the County as the mutually agreed pre‐estimated compensation and damage payable to the County for, inter alia, the time, cost and effort of the County in regard to the RFP including the consideration and evaluation of the Proposal under the following conditions: If a Bidder submits a non‐responsive Proposal; b) If a Bidder engages in any of the Prohibited Practices specified in Section 4 of this RFP document; c) If a Bidder withdraws its Proposal during the period of its validity as specified in this RFP document and as extended by the Bidder from time to time; d) In the case of the Selected Bidder, if the Bidder fails to reconfirm its commitments during negotiations as required vide Clause 2.25.1;
FFP-MOMBASA-MARCH-2018docx.docx