Issue Date: 
Thursday, January 31, 2019

Extension of validity period

By Werner van Rooyen

www.howtotender.co.za

31 January 2019

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’re 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 won’t 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 www.howtotender.co.za. Please contact Estelle at Estelle@howtotender.co.za should you require more information.

This article was written by Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training.

Title Closing Date Tender No.
Routine maintenance of the municipal ICT infrastructure & support provision as and when required for a period of 36 months (3 years). 2019-08-19 11:00 No reference number
Appointment of a panel of maximum 8 contractors for civil engineering works for a period of 36 months, on as and when required basis 2019-08-21 11:00 No reference number
Appointment of a panel of maximum 8 contractors for civil engineering works for a period of 36 months, on as and when required basis. 2019-08-22 11:00 No reference number
Consultancy Services On Integrated Monitoring And Evaluation Of Implementation Of Sharm El-Sheikh Commitments And Africa Water Vision 2025 Based On The Integrated Water Resources Management (IWRM) 2019-08-01 15:00 AUC/DREAC/066
Consultancy services for SAP bank communication management 2019-08-02 15:00 No reference number
Lease of The Hartenbos Sports Grounds 2019-07-19 12:00 117-18/19
Provision of Software Application for a Land Use Management System (Property Register, Valuations and Zoning Register) And Support Services 2019-07-26 12:00 114-18/19
Hire of Portable Chemical Flush Toilets 2019-08-02 12:00 121-18/19
Managing and Demolishing of informal Settlements within the Mossel Bay area 2019-08-02 12:00 123-18/19
Supply, delivery, fitment and balancing of tyres 2019-08-08 12:00 TDR-5/2019
Removal Of Sewer Sludge 2019-08-08 12:00 TDR-6/2019
Lease of Steel Containers For Beehive Purposes 2019-08-16 12:00 122-18/19
Sale, collect and remove of scrap metal at Wellington Waste Water Treatment. 2019-08-01 10:00 WEB 15: 2019/2020
Cleaning of Planning and Customer Services at Jan van Riebeeck Weg 15 (unit 6) for the period up to 31 December 2019. 2019-08-01 10:00 WEB 14: 2019/2020
Safe handling, collection, transportation and disposal of asbestos for the period up to 30 June 2020. 2019-08-01 10:00 WEB 13: 2019/2020
Pauper funerals in Drakenstein Area from August 2019 till 31 December 2019. 2019-08-01 10:00 WEB 3: 2019/2020 (Readvertise)
Appointment of a panel of a maximum 8 contractors for sanitation works for a period of 36 months, on as and when required basis 2019-08-22 11:00 No reference number
Supply & delivery of air conditioners in the Drakenstein Municipal Area for a period up to 30 June. 2019-08-01 10:00 WEB 12: 2019/2020
Supply & delivery of wooden bitumen poles for HT lines for a period up to 30 June 2020. 2019-08-01 10:00 WEB 11: 2019/2020
Tenders are invited for the Civil Designer Software Training as per Specifications available at SCM: Acquisitions, Harrower Road, Port Elizabeth, 2019-07-19 11:00 CSQ07191667

Pages

Extension of validity period

By Werner van Rooyen

www.howtotender.co.za

31 January 2019

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.

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