Issue Date: 
Wednesday, October 30, 2019

Extension of validity period  

By Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training.

Those of you who are familiar with responding to tenders will know that it is common practice for procuring entities to extend the bid price validity period.  We received the undermentioned queries regarding the extension of the validity period of the bid price.

The client stated that they are 3 companies bidding on an Organ of State tender.  It is quite a complicated tender and the Organ of State asked for an extension of validity.  The client thinks that there are other forces at play and wants to request that the tender must be cancelled.  The question is: if they decline the extension of validity, is there any law forcing the Organ of State to cancel the tender?

We are not legal consultants or attorneys thus we cannot give a legal opinion.  We can give advice on the tender processes.  Here is our take on the scenario mentioned above:

  • Organs of State do have the authority to extend the validity period of a tender;
  • If you decline to meet the validity period, your tender response will be marked as non-responsive and your tender response will not be considered for evaluation;
  • There is no law which we are aware of that a tender must be cancelled if one of the responders declines the validity extension;
  • According to Regulation 13 of the Preferential Procurement Regulations, 2017, a tender can be cancelled:
    • Due to a change in circumstances;
    • There are no funds available;
    • No acceptable tender offerings have been received;
    • There is a material irregularity in the tender process;

The best advice we can give is to be aware of any extensions of validity that might arise from the tender that you are responding to.  Remember to keep an eye on your fax machine – if you still have land-line fax machine – Organs of State likes to fax extensions of validity.  Normally an email would be the preferred communication method.

If you do receive a request for extension of validity it is good practice to double check your cost prices from 3rd party suppliers to ensure that the prices are still in order.  If the prices are in order, then sign the extension of validity and sent it back before the deadline.

If you cannot extend the validity period and decline the extension of validity, your tender response will be marked as non-responsive and will not be evaluated any more.

To learn more about this and many other tender conditions attend our “Become a Tender Expert” 2-Day workshops presented in Johannesburg, Pretoria, Durban, Port Elizabeth, and Cape Town.  Book and pay online at https://howtotender.co.za/tender-expert-form/

Contact us at wernervr@howtotender.co.za should you require more information.

You can also purchase a Tender Manual (Handbook) on our website https://howtotender.co.za/ which is a step by step guide how to respond to a South African Tender.  It includes examples of completed SBD forms.

Title Closing Date Tender No.
CTICC Competitor Analysis 2020-03-06 12:00 RFQ 026/2020
Appointment of contractors (category CIDB 7CE PE and category CIDB 8CE) for the construction of sanitation infrastructure on an as and when required basis for a period of 36 months in Rand West City Local Municipality 2020-03-27 11:00 RWCLM-3/003/2019/2020
Provision of general building maintenance services at O.R Tambo International for a period of 5 years 2020-03-27 10:00 ORT6248/2019/RFP
Supply and delivery of valve tee, discharge, ss, ss, ss viton, long 2020-03-10 10:00 TE20-DBN-06Y-10742
Supply & delivery of home appliances for Community Halls. 2020-03-05 10:00 WEB 51: 2019/2020
Supply & delivery of chlorine “HTH” 25kg bags (prices valid for a period up to 30 June 2020). 2020-03-05 10:00 WEB 50: 2019/2020
HVAC Maintenance and repair throughout the Drakenstein Municipal area for period ending 30 June 2023 2020-03-05 10:00 ED8/2019
Repair, Installation, Maintenance and Testing of 11 kV and 66 kV Cables for period ending 30 June 2023 2020-03-12 10:00 ED7/2019
For The Replacement of Existing Pipe Systems Employing Specialised Trenchless Construction Technology in the Drakenstein Municipal Area (2 Year Rates Tender) 2020-03-19 10:00 CES 1/2020
Repair and Maintenance of Electrical Infrastructure and Associated Works for Period Ending 30 June 2023 2020-03-12 10:00 ED6/2019
Specialist services: Drafting and Revision of Municipal By-laws and related services: 1 July 2020 to 30 June 2023 2020-03-05 10:00 CORP 01/2020
Supply of Support Services to Drakenstein Municipality for Its Microsoft Sharepoint Website 2020-03-19 10:00 COMMAR4/2020
Repair fencing Welded mash at Cloetesville Sports grounds 2020-03-05 11:00 None
Repairs at netball cloakrooms(Container) at Cloetesville Sports grounds 2020-03-05 11:00 None
The Hiring, Installation and Servicing of Bulk Underground Waste Receptacles for Solid Waste Management, as and when required, for a contract period ending 30 June 2022 2020-03-20 12:00 BSM 36/20
Appointment of a service provider for the provision of distinguishing devices comprising epaulettes, bars, badges and brooches for a period of three (3) years 2020-03-31 11:30 SCM 01/2020/SANC
Lift Service Providers as Prescribed By Section 1 of The Lift, Escalator and Passenger Conveyor Regulation, 2009 Issued in Terms of The Occupational Health and Safety Act Of 1993 for a 3 Year Maintenance Contract Unitl 30 June 2023 For The Lift at The Klapmuts Multi Purpose Centre. 2020-04-03 12:00 B/SM 73/20
Supply, Delivery and Installation Of Airconditioners Kit 53 2020-03-24 10:00 TE20-KDS-8DJ-10904
Hard and soft landscaping at Klapmuts multi-purpose centre 2020-03-23 12:00 BSM 61/20
Appointment of a service provider for the tunnel specialist to assess the condition tunnels, determine value and replacement cost schedule for portion 27 Weltevreden No. 517 JQ, situated in West Rand District 2020-03-04 14:30 RFQ CASE 014-02-2020

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