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casual

(Querist) 13 October 2009 This query is : Resolved 
Sir please give me a Solution on the issue mentioned bellow

In connection with an agreement two tenderes has submitted their tender documents after the clousere time (delayed tender).As per our tender conditions Lat/Delayed tender and tender offers, received through post after the time of closing of receipt of tender documents, will be summarily rejected. I would like to brig to your notice that the delayed tender is not sent through post but is was submitted in person. The tender documents are not accepted by the tender committee and the same are not opened and the same are kept as it is. Now the tenderers are demanding for relese of the EMD and tender cost.
In these circumstances what will be the appropriate step to resove the above issue
1. Can we open the teneder cover and release the EMD
2. or can we send the tender documents to the tenderers without opening the cover
3. can we release the tender cost
Raj Kumar Makkad (Expert) 13 October 2009
No hard and fast or strict jacket formula/answer is available against your quarry, however, it depends upon you what to do. In my view, you can straightway reject the tenders being filed delayed as received through post doesn't meant that special and separate rule for personally submitted tenders shall be framed and those delayed can be accepted. So according to your advertisement without opening the tenders, send back rejected being filed delayed and start fresh procedure inviting tenders.
DD Sathe (Expert) 13 October 2009
Return the tenders un-opened. Tender cost may not be refunded unless tender is cancelled.
Sachin Bhatia (Expert) 19 October 2009
Agree with Mr. Makkad


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