Common use of Tender Security Clause in Contracts

Tender Security. 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. A Tender-Securing Declaration shall use the formincluded in Section IV, Tender Forms. 21.2 If a Tender Security is specified pursuant to ITT 19.1, the Tender Security shall be a demand guarantee in any of the following forms at the Tenderer's option: a) an unconditional Bank Guarantee issued by reputable commercial bank); or b) an irrevocable letter of credit; c) a Banker's cheque issued by a reputable commercial bank; or d) another security specified in the TDS, 21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall have a correspondent bank located in Kenya to make it enforceable. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2. 21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity as non-responsive. 21.5 If a Tender Security is specified pursuant to ITT 21.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's signing the Contract and furnishing the Performance Security and any other documents required in the TDS. The Procuring Entity shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive or a bidder declines to extend tender validity period. 21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed:

Tender Security. 21.1 19.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security Security, as specified specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. 19.2 The Tender Security or Tender-Securing Declaration shall cover the Minimum Quantity or Value specified in the TDSFWA Tender Data Sheet. A Tender Security or Tender-Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 19.3 If a Tender Security is specified specified pursuant to ITT 19.1, the Tender Security shall be a demand guarantee in any of the following forms at the Tenderer's Tenderer option: a) an unconditional Bank Guarantee issued by reputable commercial bank); ora bank guarantee; b) an irrevocable letter of credit; c) a Banker's cheque issued guarantee by a reputable commercial bank; ordeposit taking micro-finance institution, Xxxxx society, the Youth Enterprise Development Fund or the Women Enterprise Fund. d) another security specified in the TDS, 21.3 19.4 If an unconditional bank guarantee is issued by a bank non-Bank financial institution located outside Kenya, the issuing bank non-Bank financial institution shall have a correspondent bank financial institution located in Kenya to make it enforceableenforceable unless KPLC has agreed in writing, prior to Tender submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Tender Security shall be submitted either using the Tender Security Form included in Section IV, Tendering Forms, or in another substantially similar format approved by KPLC prior to Tender submission. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.222.2. 21.4 19.5 If a Tender Security or Tender-Securing Declaration is specified specified pursuant to ITT 19.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity KPLC as non-responsive. 21.5 19.6 If a Tender Security is specified specified pursuant to ITT 21.119.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's Tenderer signing the Contract and furnishing the Performance Security and any other documents required in the TDSFWA. The Procuring Entity KPLC shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive non-responsive or a bidder Tenderer declines to extend tender validity period. 21.6 19.7 The Tender Security of the successful Tenderer Tenderers in the Primary Procurement Process shall be returned as promptly as possible once the successful Tenderer in the Secondary Procurement has signed the initial Call-off Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 19.8 The Tender Security may be forfeited or the Tender Securing Declaration executed: a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or b) if the successful Tenderer fails to: i) sign a Call-off Contract in accordance with ITT 44; or ii) furnish a Performance Security in accordance with GCC7. 19.9 Where tender securing declaration is executed, KPLC shall recommend to the PPRA that PPRA debars the Tenderer from participating in public procurement as provided in the law. 19.10 The Tender Security or Tender- Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender Security or Tender-Securing Declaration executed:shall be in the names of all future members as named in the letter of intent referred to in ITT4.3 and ITT 11.2. 19.11 A tenderer shall not issue a tender security to guarantee itself.

Tender Security. 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security Security, as specified specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified specified in the TDS. A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 . If a Tender Security is specified specified pursuant to ITT 19.118.1, the Tender Security shall be a demand guarantee in any of the following forms at the Tenderer's Tenderer option: a) : cash; a bank guarantee; a guarantee by an unconditional Bank Guarantee issued insurance company registered and licensed by reputable commercial bank)the Insurance Regulatory Authority listed by the Authority; or b) an irrevocable or a letter of credit; c) a Banker's cheque issued ; or guarantee by a reputable commercial bank; or d) another security specified in deposit taking micro-finance institution, Xxxxx society, the TDS, 21.3 Youth Enterprise Development Fund or the Women Enterprise Fund. If an unconditional bank guarantee is issued by a bank non-Bank financial institution located outside Kenya, the issuing bank non-Bank financial institution shall have a correspondent bank financial institution located in Kenya to make it enforceableenforceable unless the Procuring Entity has agreed in writing, prior to Tender submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Tender Security shall be submitted either using the Tender Security Form included in Section IV, Tendering Forms, or in another substantially similar format approved by the Procuring Entity prior to Tender submission. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2. 21.4 17.2. If a Tender Security or Tender-Securing Declaration is specified specified pursuant to ITT 19.118.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity as non-responsive. 21.5 . If a Tender Security is specified specified pursuant to ITT 21.118.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's Tenderer signing the Contract and furnishing the Performance Security and any other documents required in the TDS. The pursuant to ITT 46.The Procuring Entity shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive non-responsive or a bidder declines to extend tender validity period. 21.6 . The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 . The Tender Security may be forfeited or the Tender-Tender Securing Declaration executed:: if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or if the successful Tenderer fails to: sign the Contract in accordance with ITT 45; or furnish a Performance Security in accordance with ITT 46. Where tender securing declaration is executed, the Procuring Entity shall recommend to the PPRA that PPRA debars the Tenderer from participating in public procurement as provided in the law.

Tender Security. 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. . 21.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 21.3 If a Tender Security is specified pursuant to ITT 19.120.1, the Tender Security from a reputable source, and an eligible country and shall be a demand guarantee in any of the following forms at the Tenderer's option: ai) Cash; ii) A bank guarantee; iii) A guarantee by an unconditional Bank Guarantee issued insurance company registered and licensed by reputable commercial bank)the Insurance Regulatory Authority listed by the Authority; or biv) an irrevocable letter of credit; c) a Banker's cheque A guarantee issued by a reputable commercial bank; or d) another security specified in financial institution approved and licensed by the TDSCentral Bank of Kenya, 21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall have a correspondent bank located in Kenya to make it enforceable. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2. 21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.120.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity KPLC as non-responsive. 21.5 If a Tender Security is specified pursuant to ITT 21.120.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's signing the Contract contract and furnishing the Performance Security and any other documents required in the TDS. The Procuring Entity shall also promptly return the tender security pursuant to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive or a bidder declines to extend tender validity periodITT 46. 21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in . The Procurement Entity shall also return tender security to the TDStenderers where; a). The procurement proceedings are terminated b). All tenders were determined non-responsive and c). Where a bidder decline to extent the tender validity period. 21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed: a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or b) if the successful Tenderer fails to: i) sign the Contract in accordance with ITT 45; or ii) furnish a performance security in accordance with ITT 46. 21.8 The Tender Security or Tender-Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender security or Tender-Securing Declaration shall be in the names of all future members as named in the Form of intent referred to in ITT 4.1 and ITT 12.2. 21.9 If a Tender Security is not required in the TDS, pursuant to ITT 20.1, and a) If a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer on the Form of Tender; or b) If the successful Tenderer fails to: i) Sign the Contract in accordance with ITT 45; or ii) Furnish a performance security in accordance with ITT 46; KPLC may, if provided for in the TDS, declare the Tenderer ineligible to be awarded a contract by KPLC for a period of time as stated in the TDS.

Tender Security. 21.1 19.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security Security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. 19.2 The Tender Security or Tender-Securing Declaration shall cover the Minimum Quantity or Value specified in the FWA Tender Data Sheet. A Tender Security or Tender-Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 19.3 If a Tender Security is specified pursuant to ITT 19.1, the Tender Security shall be a demand guarantee in any of the following forms at the Tenderer's Tenderer option: a) an unconditional Bank Guarantee issued by reputable commercial bank); orCash; b) an irrevocable letter of creditA bank guarantee; c) a Banker's cheque issued guarantee by a reputable commercial bankan insurance company registered and licensed by the Insurance Regulatory Authority listed by the Authority; or d) another security specified in A letter of credit; or e) Guarantee by a deposit taking micro-finance institution, Xxxxx society, the TDS,Youth Enterprise Development Fund or the Women Enterprise Fund. 21.3 19.4 If an unconditional bank guarantee is issued by a bank non-Bank financial institution located outside Kenya, the issuing bank non-Bank financial institution shall have a correspondent bank financial institution located in Kenya to make it enforceableenforceable unless KPLC has agreed in writing, prior to Tender submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Tender Security shall be submitted either using the Tender Security Form included in Section IV, Tendering Forms, or in another substantially similar format approved by KPLC prior to Tender submission. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.222.2. 21.4 19.5 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity KPLC as non-responsive. 21.5 19.6 If a Tender Security is specified pursuant to ITT 21.119.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's Tenderer signing the Contract and furnishing the Performance Security and any other documents required in the TDSFWA. The Procuring Entity KPLC shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive non-responsive or a bidder Tenderer declines to extend tender validity period. 21.6 19.7 The Tender Security of the successful Tenderer Tenderers in the Primary Procurement Process shall be returned as promptly as possible once the successful Tenderer in the Secondary Procurement has signed the initial Call-off Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 19.8 The Tender Security may be forfeited or the Tender Securing Declaration executed: a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or b) if the successful Tenderer fails to: i) sign a Call-off Contract in accordance with ITT 44; or ii) Furnish a Performance Security in accordance with GCC7. 19.9 Where tender securing declaration is executed, KPLC shall recommend to the PPRA that PPRA debars the Tenderer from participating in public procurement as provided in the law. 19.10 The Tender Security or Tender- Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender Security or Tender-Securing Declaration executed:shall be in the names of all future members as named in the letter of intent referred to in ITT4.3 and ITT 11.2. 19.11 A tenderer shall not issue a tender security to guarantee itself.

Tender Security. 21.1 19.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security Security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. 19.2 The Tender Security or Tender-Securing Declaration shall cover the Minimum Quantity or Value specified in the FWA Tender Data Sheet. A Tender Security or Tender-Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 19.3 If a Tender Security is specified pursuant to ITT 19.1, the Tender Security shall be a demand guarantee in any of the following forms at the Tenderer's Tenderer option: a) an unconditional Bank Guarantee issued by reputable commercial bank); ora bank guarantee; b) an irrevocable letter of credit; c) a Banker's cheque issued guarantee by a reputable commercial bank; ordeposit taking micro-finance institution, Xxxxx society, the Youth Enterprise Development Fund or the Women Enterprise Fund. d) another security specified in the TDS, 21.3 19.4 If an unconditional bank guarantee is issued by a bank non-Bank financial institution located outside Kenya, the issuing bank non-Bank financial institution shall have a correspondent bank financial institution located in Kenya to make it enforceableenforceable unless KPLC has agreed in writing, prior to Tender submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Tender Security shall be submitted either using the Tender Security Form included in Section IV, Tendering Forms, or in another substantially similar format approved by KPLC prior to Tender submission. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.222.2. 21.4 19.5 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity KPLC as non-responsive. 21.5 19.6 If a Tender Security is specified pursuant to ITT 21.119.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's Tenderer signing the Contract and furnishing the Performance Security and any other documents required in the TDSFWA. The Procuring Entity KPLC shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive non-responsive or a bidder Tenderer declines to extend tender validity period. 21.6 19.7 The Tender Security of the successful Tenderer Tenderers in the Primary Procurement Process shall be returned as promptly as possible once the successful Tenderer in the Secondary Procurement has signed the initial Call-off Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 19.8 The Tender Security may be forfeited or the Tender Securing Declaration executed: a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or b) if the successful Tenderer fails to: i) sign a Call-off Contract in accordance with ITT 44; or ii) furnish a Performance Security in accordance with GCC7. 19.9 Where tender securing declaration is executed, KPLC shall recommend to the PPRA that PPRA debars the Tenderer from participating in public procurement as provided in the law. 19.10 The Tender Security or Tender- Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender Security or Tender-Securing Declaration executed:shall be in the names of all future members as named in the letter of intent referred to in ITT4.3 and ITT 11.2. 19.11 A tenderer shall not issue a tender security to guarantee itself.

Tender Security. 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Tender- Securing Declaration or a Tender Security Security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. . 21.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 21.3 If a Tender Security is specified pursuant to ITT 19.1ITT, the Tender Security shall be a demand guarantee in any of the following forms at the Tenderer's Tenderer option: ai) cash; ii) a bank guarantee; iii) a guarantee by an unconditional Bank Guarantee issued insurance company registered and licensed by reputable commercial bank)the Insurance Regulatory Authority listed by the Authority; or biv) an irrevocable a letter of credit; c) a Banker's cheque issued by a reputable commercial bank; or dv) another security specified in guarantee by a deposit taking micro-finance institution, Xxxxx society, the TDS,Youth Enterprise Development Fund or the Women Enterprise Fund. 21.3 21.4 If an unconditional bank guarantee is issued by a bank non-Bank financial institution located outside Kenya, the issuing bank non-Bank financial institution shall have a correspondent bank financial institution located in Kenya to make it enforceableenforceable unless the Procuring Entity has agreed in writing, prior to Tender submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Tender Security shall be submitted either using the Tender Security Form included in Section IV, Tendering Forms, or in another substantially similar format approved by the Procuring Entity prior to Tender submission. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2ITT. 21.4 21.5 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.118.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity as non-responsive. 21.5 21.6 If a Tender Security is specified pursuant to ITT 21.118.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's Tenderer signing the Contract and furnishing the Performance Security and any other documents required in the TDS. The pursuant to ITT 46.The Procuring Entity shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive non-responsive or a bidder declines to extend tender validity period. 21.6 21.7 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 21.8 The Tender Security may be forfeited or the Tender Securing Declaration executed: a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or b) if the successful Tenderer fails to: i) sign the Contract in accordance with ITT 45; or ii) furnish a Performance Security in accordance with ITT 46. 21.9 Where tender securing declaration is executed, the Procuring Entity shall recommend to the PPRA that PPRA debars the Tenderer from participating in public procurement as provided in the law. 21.10 The Tender Security or Tender- Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender Security or Tender-Securing Declaration executed:shall be in the names of all future members as named in the letter of intent referred to in ITT3.1 and ITT 10.2. 21.11 A tenderer shall not issue a tender security to guarantee itself.

Tender Security. 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. . 21.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 21.3 If a Tender Security is specified pursuant to ITT 19.120.1, the Tender Security from a reputable source, and an eligible country and shall be a demand guarantee in any of the following forms at the Tenderer's option: ai) an unconditional Bank Guarantee issued by reputable commercial bank); or b) an irrevocable letter of creditcash; cii) a Banker's cheque bank guarantee; iii) a guarantee by an insurance company registered and licensed by the Insurance Regulatory Authority listed by theAuthority; or iv) a guarantee issued by a reputable commercial bank; or d) another security specified in financial institution approved and licensed by the TDSCentral Bank of Kenya, 21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall have a correspondent bank located in Kenya to make it enforceable. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2. 21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.120.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity as non-responsive. 21.5 If a Tender Security is specified pursuant to ITT 21.120.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's signing the Contract contract and furnishing the Performance Security and any other documents required in the TDS. The Procuring Entity shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive or a bidder declines to extend tender validity periodpursuantto ITT 46. 21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in . The Procurement Entity shall also return tender security to the TDStenderers where; a). The procurement proceedings are terminated b). All tenders were determined non-responsive and c). Where a bidder decline to extent the tender validity period. 21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed: a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer in the Formof Tender, or any extension thereto provided by the Tenderer; or b) if the successful Tenderer fails to: i) sign the Contract in accordance with ITT 45; or ii) furnisha performance security in accordance with ITT 46. 21.8 The Tender Security or Tender-Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender security orTender Securing Declaration shall be in the names of all future members as named in the Form of intent referred to in ITT 4.1 and ITT 12.2. 21.9 If a Tender Security is not required in the TDS, pursuant to ITT 20.1, and a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer on the Formof Tender; or b) if the successful Tenderer fails to: i) sign the Contract in accordance with ITT 45; or ii) furnisha performance security in accordance with ITT 46; the Procuring Entity may, if provided for in the TDS, declare the Tenderer ineligible to be awardeda contract by the Procuring Entity for a period of time as stated in the TDS.

Tender Security. ‌ 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in specifiedin the TDS. . 21.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 21.3 If a Tender Security is specified pursuant to ITT 19.121.1, the Tender Security shall be from a demand guarantee reputable source, and an eligible country and shallbe in any of the following forms at the Tenderer's option: ai) cash; ii) a bank guarantee; iii) a guarantee by an unconditional Bank Guarantee issued insurance company registered and licensed by reputable commercial bank)the Insurance Regulatory Authoritylisted by the Authority; or b) an irrevocable letter of credit; civ) a Banker's cheque guarantee issued by a reputable commercial bank; or d) another security specified in financial institution approved and licensed by the TDSCentral Bank of Kenya, 21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall have a correspondent bank located in Kenya to make it enforceable. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2. 21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.120.1, any Tender not accompanied by a substantially responsive Tender responsiveTender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity as non-responsive. 21.5 If a Tender Security is specified pursuant to ITT 21.1, the Tender Security of unsuccessful Tenderers shall be returned bereturned as promptly as possible upon the successful Tenderer's signing the Contract contract and furnishing the Performance Security and any other documents required in the TDSpursuant to ITT 46. The Procuring Entity shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive or non-responsiveor a bidder declines to extend tender validity period. 21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed: a. If a Tenderer withdraw sits Tender during the period of Tender validity specified by the Tenderer in theForm of Tender, or any extension there to provide by the Tenderer; or b. if the successful Tenderer fails to: c. sign the Contract in accordance with ITT 46; or d. Furnish a performance security in accordance with ITT 47. 21.8 Where tender securing declaration is executed, the Procuring Entity shall recommend to the PPRA that PPRAdebars the Tenderer from participating in public procurement as provided in the law. 21.9 The Tender Security or Tender-Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender security or Tender-Securing Declaration shall be in the names of all future members as named in the Form of intent referred to in ITT 4.1 and ITT 13.2. 21.10 A tenderer shall not issue a tender security to guarantee itself.

Tender Security. 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in specifiedin the TDS. . 21.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 21.3 If a Tender Security is specified pursuant to ITT 19.121.1, the Tender Security shall be from a demand guarantee reputable source, and an eligible country and shallbe in any of the following forms at the Tenderer's option: ai) cash; ii) a bank guarantee; iii) a guarantee by an unconditional Bank Guarantee issued insurance company registered and licensed by reputable commercial bank)the Insurance Regulatory Authoritylisted by the Authority; or b) an irrevocable letter of credit; civ) a Banker's cheque guarantee issued by a reputable commercial bank; or d) another security specified in financial institution approved and licensed by the TDSCentral Bank of Kenya, 21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall have a correspondent bank located in Kenya to make it enforceable. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2. 21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.120.1, any Tender not accompanied by a substantially responsive Tender responsiveTender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity as non-responsive. 21.5 If a Tender Security is specified pursuant to ITT 21.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's signing the Contract contract and furnishing the Performance Security and any other documents required in the TDSpursuant to ITT 46. The Procuring Entity shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive or non-responsiveor a bidder declines to extend tender validity period. 21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed: a. If a Tenderer withdraw sits Tender during the period of Tender validity specified by the Tenderer in theForm of Tender, or any extension there to provide by the Tenderer; or b. if the successful Tenderer fails to: c. sign the Contract in accordance with ITT 46; or d. Furnish a performance security in accordance with ITT 47. 21.8 Where tender securing declaration is executed, the Procuring Entity shall recommend to the PPRA that PPRAdebars the Tenderer from participating in public procurement as provided in the law. 21.9 The Tender Security or Tender-Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender security or Tender-Securing Declaration shall be in the names of all future members as named in the Form of intent referred to in ITT 4.1 and ITT 13.2. 21.10 A tenderer shall not issue a tender security to guarantee itself.

Tender Security. 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. . 21.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 21.3 If a Tender Security is specified pursuant to ITT 19.121.1, the Tender Security from a reputable source, and an eligible country and shall be a demand guarantee in any of the following forms at the Tenderer's option: ai) cash; ii) a bank guarantee; iii) a guarantee by an unconditional Bank Guarantee issued insurance company registered and licensed by reputable commercial bank)the Insurance Regulatory Authority listed by the Authority; or b) an irrevocable letter of credit; civ) a Banker's cheque guarantee issued by a reputable commercial bank; or d) another security specified in financial institution approved and licensed by the TDSCentral Bank of Kenya, 21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall have a correspondent bank located in Kenya to make it enforceable. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2. 21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.120.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity as non-responsive. 21.5 If a Tender Security is specified pursuant to ITT 21.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's signing the Contract contract and furnishing the Performance Security and any other documents required in the TDSpursuant to ITT 46. The Procuring Entity shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive non-responsive or a bidder declines to extend tender validity period. 21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed: a. If a Tenderer withdraw sits Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension there to provide by the Tenderer; or b. if the successful Tenderer fails to: c. sign the Contract in accordance with ITT 46; or d. Furnish a performance security in accordance with ITT 47. 21.8 Where tender securing declaration is executed, the Procuring Entity shall recommend to the PPRA that PPRA debars the Tenderer from participating in public procurement as provided in the law. 21.9 The Tender Security or Tender-Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender security or Tender-Securing Declaration shall be in the names of all future members as named in the Form of intent referred to in ITT 4.1 and ITT 13.2. 21.10 A tenderer shall not issue a tender security to guarantee itself.

Tender Security. 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. . 21.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 21.3 If a Tender Security is specified pursuant to ITT 19.120.1, the Tender Security from a reputable source, and an eligible country and shall be a demand guarantee in any of the following forms at the Tenderer's option: ai) an unconditional Bank Guarantee issued by reputable commercial bank); or b) an irrevocable letter of creditcash; cii) a Banker's cheque bank guarantee; iii) a guarantee by an insurance company registered and licensed by the Insurance Regulatory Authority listed by the Authority; or iv) a guarantee issued by a reputable commercial bank; or d) another security specified in financial institution approved and licensed by the TDSCentral Bank of Kenya, 21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall have a correspondent bank located in Kenya to make it enforceable. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2. 21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.120.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity as non-responsive. 21.5 If a Tender Security is specified pursuant to ITT 21.120.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's signing the Contract contract and furnishing the Performance Security and any other documents required in the TDS. The Procuring Entity shall also promptly return the tender security pursuant to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive or a bidder declines to extend tender validity periodITT 46. 21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in . The Procurement Entity shall also return tender security to the TDStenderers where; a). The procurement proceedings are terminated b). All tenders were determined non-responsive and c). Where a bidder decline to extent the tender validity period. 21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed: a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or b) if the successful Tenderer fails to: i) sign the Contract in accordance with ITT 45; or ii) furnish a performance security in accordance with ITT 46. 21.8 The Tender Security or Tender-Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender security or Tender Securing Declaration shall be in the names of all future members as named in the Form of intent referred to in ITT 4.1 and ITT 12.2. 21.9 If a Tender Security is not required in the TDS, pursuant to ITT 20.1, and a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer on the Form of Tender; or b) if the successful Tenderer fails to: i) sign the Contract in accordance with ITT 45; or ii) furnish a performance security in accordance with ITT 46; the Procuring Entity may, if provided for in the TDS, declare the Tenderer ineligible to be awarded a contract by the Procuring Entity for a period of time as stated in the TDS.

Tender Security. 21.1 18.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or Declarationor a Tender Security Security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. . 18.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 18.3 If a Tender Security is specified pursuant to ITT 19.118.1, the Tender Security shall be a demand ademand guarantee in any of the following forms at the Tenderer's Tenderer option: ai) cash; ii) a bank guarantee; iii) a guarantee by an unconditional Bank Guarantee issued insurance company registered and licensed by reputable commercial bank)the InsuranceRegulatory Authority listed by the Authority; or biv) an irrevocable a letter of credit; c) a Banker's cheque issued by a reputable commercial bank; or dv) another security specified in guarantee by a deposit taking micro-finance institution, Xxxxx society, the TDS,YouthEnterprise Development Fund or the Women Enterprise Fund. 21.3 18.4 If an unconditional bank guarantee is issued by a bank non-Bank financial institution located outside Kenya, the issuing bank non-Bank financial institution shall have a correspondent bank financial institution located in Kenya to make it enforceableenforceable unless XXX has agreed in writing, prior to Tender submission, that a correspondent financial institution is notrequired. In the case of a bank guarantee, the Tender Security shall be submitted eitherusing the Tender Security Form included in Section IV, Tendering Forms, or in another substantially similar format approved by MCG prior to Tender submission. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.217.2. 21.4 18.5 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.118.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity MCG as non-non- responsive. 21.5 18.6 If a Tender Security is specified pursuant to ITT 21.118.1, the Tender Security of unsuccessful ofunsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's Tenderer signing the Contract and furnishing the Performance Security and any other documents required in the TDS. The pursuant to ITT 46.The Procuring Entity shall also promptly return the tender security to the tenderers where tendererswhere the procurement proceedings are terminated, all tenders were determined nonresponsive non- responsive or a bidder declines to extend tender validity period. 21.6 18.7 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 18.8 The Tender Security may be forfeited or the Tender Securing Declaration executed: a) if a Tenderer withdraws its Tender during the period of Tender validity specified bythe Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or b) if the successful Tenderer fails to: i) sign the Contract in accordance with ITT 45; or ii) furnish a Performance Security in accordance with ITT 46. 18.9 Where tender securing declaration is executed, XXX shall recommend to the PPRA that PPRA debars the Tenderer from participating in public procurement as providedin the law. 18.10 The Tender Security or Tender- Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender Security or Tender-Securing Declaration executed:shall be in the names of all future members as named in the letter of intent referred to in ITT3.1 and ITT 10.2. 18.11 A tenderer shall not issue a tender security to guarantee itself.

Tender Security. 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. . 21.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 21.3 If a Tender Security is specified pursuant to ITT 19.120.1, the Tender Security from a reputable source, and an eligible country and shall be a demand guarantee in any of the following forms at the Tenderer's option: ai) Cash; ii) A bank guarantee; iii) A guarantee by an unconditional Bank Guarantee issued insurance company registered and licensed by reputable commercial bank)the Insurance Regulatory Authority listed by the Authority; or biv) an irrevocable letter of credit; c) a Banker's cheque A guarantee issued by a reputable commercial bank; or d) another security specified in financial institution approved and licensed by the TDSCentral Bank of Kenya, 21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall have a correspondent bank located in Kenya to make it enforceable. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2. 21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.120.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity KPLC as non-responsive. 21.5 If a Tender Security is specified pursuant to ITT 21.120.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's signing the Contract contract and furnishing the Performance Security and any other documents required in the TDS. The Procuring Entity shall also promptly return the tender security pursuant to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive or a bidder declines to extend tender validity periodITT 46. 21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in . The Procurement Entity shall also return tender security to the TDStenderers where; a). The procurement proceedings are terminated b). All tenders were determined non-responsive and c). Where a bidder decline to extent the tender validity period. 21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed: a) If a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or b) If the successful Tenderer fails to: i) Sign the Contract in accordance with ITT 45; or ii) Furnish a performance security in accordance with ITT 46. 21.8 The Tender Security or Tender-Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender security or Tender-Securing Declaration shall be in the names of all future members as named in the Form of intent referred to in ITT 4.1 and ITT 12.2. 21.9 If a Tender Security is not required in the TDS, pursuant to ITT 20.1, and a) If a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer on the Form of Tender; or b) If the successful Tenderer fails to: i) Sign the Contract in accordance with ITT 45; or ii) Furnish a performance security in accordance with ITT 46; KPLC may, if provided for in the TDS, declare the Tenderer ineligible to be awarded a contract by KPLC for a period of time as stated in the TDS.

Tender Security. 21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. . 21.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 21.3 If a Tender Security is specified pursuant to ITT 19.121.1, the Tender Security from a reputable source, and an eligible country and shall be a demand guarantee in any of the following forms at the Tenderer's option: ai) cash; ii) a bank guarantee; iii) a guarantee by an unconditional Bank Guarantee issued insurance company registered and licensed by reputable commercial bank)the Insurance Regulatory Authority listed by the Authority; or b) an irrevocable letter of credit; civ) a Banker's cheque guarantee issued by a reputable commercial bank; or d) another security specified in financial institution approved and licensed by the TDSCentral Bank of Kenya, 21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall have a correspondent bank located in Kenya to make it enforceable. The Tender Security shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.2. 21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.120.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity as non-responsive. 21.5 If a Tender Security is specified pursuant to ITT 21.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's signing the Contract contract and furnishing the Performance Security and any other documents required in the TDSpursuant to ITT 46. The Procuring Entity shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive non-responsive or a bidder declines to extend tender validity period. 21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed: a. If a Tenderer withdraw sits Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension there to provide by the Tenderer; or b. if the successful Tenderer fails to: c. sign the Contract in accordance with ITT 46; or d. Furnish a performance security in accordance with ITT 47. 21.8 Where tender securing declaration is executed, the Procuring Entity shall recommend to the PPRA that PPRA debars the Tenderer from participating in public procurement as provided in the law. 21.9 The Tender Security or Tender-Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender security or Tender- Securing Declaration shall be in the names of all future members as named in the Form of intent referred to in ITT 4.1 and ITT 13.2. 21.10 A tenderer shall not issue a tender security to guarantee itself.

Tender Security. 21.1 18.1 The Tenderer shall furnish as part of its Tender, either a Tender-Tender- Securing Declaration or a Tender Security Security, as specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in the TDS. . 18.2 A Tender-Tender Securing Declaration shall use the formincluded form included in Section IV, Tender Tendering Forms. 21.2 18.3 If a Tender Security is specified pursuant to ITT 19.118.1, the Tender Security shall be a demand guarantee in any of the following forms at the Tenderer's Tenderer option:: - (Tender Security - Not Applicable) ai) cash; ii) a bank guarantee; iii) a guarantee by an unconditional Bank Guarantee issued insurance company registered and licensed by reputable commercial bank)the Insurance Regulatory Authority listed by the Authority; or biv) an irrevocable a letter of credit; c) a Banker's cheque issued by a reputable commercial bank; or dv) another security specified in guarantee by a deposit taking micro-finance institution, Xxxxx society, the TDS,Youth Enterprise Development Fund or the Women Enterprise Fund. 21.3 18.4 If an unconditional bank guarantee is issued by a bank non-Bank financial institution located outside Kenya, the issuing bank non-Bank financial institution shall have a correspondent bank financial institution located in Kenya to make it enforceableenforceable unless the Procuring Entity has agreed in writing, prior to Tender submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Tender Security shall be submitted either using the Tender Security Form included in Section IV, Tendering Forms, or in another substantially similar format approved by The Procuring Entity prior to Tender submission. The Tender Security shall be valid for thirty (30thirty(30) days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT 20.217.2. 21.4 18.5 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.118.1, any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by the Procuring Entity as non-responsive. 21.5 18.6 If a Tender Security is specified pursuant to ITT 21.118.1, the Tender Security of unsuccessful Tenderers shall be returned as promptly as possible upon the successful Tenderer's Tenderer signing the Contract and furnishing the Performance Security and any other documents required in the TDS. The pursuant to ITT 46.The Procuring Entity shall also promptly return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were determined nonresponsive non-responsive or a bidder declines to extend tender validity period. 21.6 18.7 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the Contract and furnished the required Performance Security, and any other documents required in the TDS. 21.7 18.8 The Tender Security may be forfeited forfeited, or the Tender Securing Declaration executed: a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or b) if the successful Tenderer fails to: i) sign the Contract in accordance with ITT 45; or ii) furnish a Performance Security in accordance with ITT 46. 18.9 Where tender securing declaration is executed, the Procuring Entity shall recommend to the PPRA that PPRA debars the Tenderer from participating in public procurement as provided in the law. 18.10 The Tender Security or Tender- Securing Declaration of a JV must be in the name of the JV that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the Tender Security or Tender-Securing Declaration executed:shall be in the names of all future members as named in the letter of intent referred to in ITT3.1 and ITT 10.2. 18.11 A tenderer shall not issue a tender security to guarantee itself.