(1) In case of non-delivery in accordance with the notice published under section 5 or failure to file at the address, office or official within the time or date specified in such notice or in case of violation of this Act or the rules made under this Act. No consideration or action will be taken regarding awarding a contract on any tender.

(2) After the tender has been filed in accordance with the notice published under Section 5, the tender shall be opened at the time, date and place specified in such notice at the discretion of the concerned employee and the tender holder or his heirs.

However, if the tenderer or his heir is not present at that time or place, it shall not be considered that anything written in this sub-section hinders the opening of the tender by taking the prescribed action.