Regulations for the Implementation of Alternative Offers Article 12

Where a winning tenderer submits an alternative offer after contract award but is not able to fulfill the contract by the alternative offer, or when any of the circumstances referred to in paragraph 2 of Article 6 occurs during contract performance of the alternative offer, the entity shall terminate or rescind the contract and may claim for damages against such tenderer, except where the tenderer is willing to fulfill the contract for the main offer which meets the requirements set forth in the tender documentation, or to perform the contract by means of other ways beneficial to the entity.Where the main offer or other ways are adopted for contract performance referred to in the preceding paragraph, the increased expenses necessary for handling the change shall be borne by the supplier. The time-limit for contract performance shall be calculated from the starting date of the original contract, and the time consumed by the alternative offer shall not be deducted.