If a Proposal Security or a Proposal-Securing Declaration is specified pursuant to ITP 32.1, any Proposal not accompanied by a substantially responsive Proposal Security or Proposal-Securing Declaration shall be rejected by the Employer as non-responsive. The Proposal Security of the successful Proposer shall be returned as promptly as possible once the successful Proposer has signed the Contract and furnished the required Performance Security. The Proposal Security may be forfeited or the Proposal-Securing Declaration executed: if a Proposer withdraws its Proposal during the period of Proposal validity specified by the Proposer on the Letter of Proposal or any extension thereto provided by the Proposer; or if the successful Proposer fails to: sign the Contract in accordance with ITP 64; or furnish a performance security in accordance with ITP 65. The Proposal Security or the Proposal-Securing Declaration of a JV shall be in the name of the JV that submits the Proposal. If the JV has not been legally constituted into a legally enforceable JV at the time of submission of Proposals, the Proposal Security or the Proposal-Securing Declaration shall be in the names of all future members as named in the letter of intent referred to in ITP 4.1. If a Proposal Security is not required in the PDS, and: if a Proposer withdraws its Proposal during the period of Proposal validity specified by the Proposer on the Letter of Proposal; or if the successful Proposer fails to: sign the Contract in accordance with ITP 64; or furnish a performance security in accordance with ITP 65. the Employer may, if provided for in the PDS, declare the Proposer disqualified to be awarded a contract by the Employer for a period of time as stated in the PDS.
If a Proposal Security or a Proposal-Securing Declaration is specified pursuant to ITP 32.1, any Proposal not accompanied by a substantially responsive Proposal Security or Proposal-Securing Declaration shall be rejected by the Employer as non-responsive. The Proposal Security of the successful Proposer shall be returned as promptly as possible once the successful Proposer has signed the Contract and furnished the required Performance Security. The Proposal Security may be forfeited or the Proposal-Securing Declaration executed: if a Proposer withdraws its Proposal during the period of Proposal validity specified by the Proposer on the Letter of Proposal or any extension thereto provided by the Proposer; or if the successful Proposer fails to: sign the Contract in accordance with ITP 64; or furnish a performance security in accordance with ITP 65. The Proposal Security or the Proposal-Securing Declaration of a JV shall be in the name of the JV that submits the Proposal. If the JV has not been legally constituted into a legally enforceable JV at the time of submission of Proposals, the Proposal Security or the Proposal-Securing Declaration shall be in the names of all future members as named in the letter of intent referred to in ITP 4.1. If a Proposal Security is not required in the PDS, and: if a Proposer withdraws its Proposal during the period of Proposal validity specified by the Proposer on the Letter of Proposal; or if the successful Proposer fails to: sign the Contract in accordance with ITP 64; or furnish a performance security in accordance with ITP 65. the Employer may, if provided for in the PDS, declare the Proposer disqualified to be awarded a contract by the Employer for a period of time as stated in the PDS.
SPD-Request-for-Proposals-PLANT-July-2016-Nov-update.docx