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.
Supply debt collection services to the college for the period Jan 2020 to Dec 2020 with the option to extend for another 2 years 2019-09-27 11:00 T/ 38/ 19 DB
Training of 50 beneficiaries as-and-when needed during 2020 in Further Education + Training certificate: Information Technology Technical Support, NQF L4; SAQA ID 78964 2019-09-27 11:00 T/ 40/ 19 learn TS
Training of 50 beneficiaries as-and-when needed during 2020 in Water and Waste Water Reticulation National Certificate: Water and Wastewater Reticulation Services LEARNERSHIP NQF Level 3; SAQA: 60155 2019-09-27 11:00 T/ 54/ 19 water
Training of 50 beneficiaries as-and-when needed during 2020 in Customer Service Skills Programme: Unit Standards: 252210 and 10313 2019-09-27 11:00 T/ 46/ 19 skill CS
Training of 50 beneficiaries as-and-when needed during 2020 in National Certificate: Professional Cookery; NQF Level 4; SAQA ID 14111 2019-09-27 11:00 T/ 52/ 19 Cook
Training of 50 beneficiaries as-and-when needed during 2020 in Further Education + Training certificate: Fire and Rescue operations, NQF L4; SAQA ID 57803 2019-09-27 11:00 T/ 45/ 19 learn Fire
Training of 50 beneficiaries as-and-when needed during 2020 in National Certificate, Animal Production, NQF Level 4, SAQA ID 48979 2019-09-27 11:00 T/ 44/ 19 learn Animal
Training of 50 beneficiaries as-and-when needed during 2020 in Professional Driving Skills Programme; 2 Unit Standards (123261 & 123253), K53, Learner’s License Testing, Driving Lessons and Driver’s License Testing 2019-09-27 11:00 T/ 53/ 19 Drive
Supply industrial relation services to the college for the period Jan 2020 to Dec 2020 with the option to extend for another 2 years. 2019-09-27 11:00 T/ 32/ 19 IR
Training of 50 beneficiaries as-and-when needed during 2020 in Garment making Skills Programme: non-accredited 2019-09-27 11:00 T/ 49/ 19 skill garment
Outright purchase of high-throughput Next Generation Sequencer NICD with Service and Maintenance for a period of three (3) years. 2019-09-06 11:00 RFB073/ 19/ 20
Training of 30 beneficiaries in Apprenticeship: Occupational Certificate: Automotive Motor Mechanic SAQA ID 97990 for the period October 2019 to June 2022 2019-09-27 11:00 T/ 57/ 19 AMM
Training of 50 beneficiaries as-and-when needed during 2020 in National Certificate, Plant Production, NQF Level 4, SAQA ID 49009 2019-09-27 11:00 T/ 43/ 19 learn Plant
Renovations to the Nelson Mandela Academic Laboratory at the National Health Laboratory Services (NHLS) 2019-09-13 11:00 RFB050- 19- 20
Training of 50 beneficiaries as-and-when needed during 2020 in National Certificate, Welding Application + Practice, NQF Level 2, SAQA ID 57881 2019-09-27 11:00 T/ 42/ 19 learn Weld
Supply and delivery of electrocardiograph (ECG) paper and stress exercise (ECG) paper for Groote Schuur Hospital over a two (2) year period. 2019-09-20 11:00 GSH: PT100/ 2019
Training of 50 beneficiaries in Further Education + Training Certificate: Real Estate NQF L4; SAQA ID 59097 for the period October 2019 to June 2021 2019-09-27 11:00 T/ 56/ 19 real
Training of 88 beneficiaries in National Certificate: General Security Practices, NQF L3; SAQA ID 58577 for the period October 2019 to June 2021 2019-09-27 11:00 T/ 55/ 19 Sec
Supply and delivery of electrocardiograph (ECG) paper and stress exercise (ECG) paper for Groote Schuur Hospital over a two (2) year period. 2019-09-20 11:00 GSH: PT52/ 2018
Request for proposals: appointment of a suitable service provider to install and maintain video conference system for the NHBRC for a period of three (03) years 2019-09-13 11:00 NHBRC 07/ 2019

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The 8 steps in the Tender Adjudication process

By W van Rooyen

www.howtotender.co.za

31 January 2019

It is important to understand the Adjudication process when one responds to a Tender or Request for Proposal. If you have these 8 steps under control when responding to tenders, changes are good that you will proceed to the next round.

Here are 8 steps in the adjudication process that Organs of State will most often follow in determining which bidder will win the tender:

  1. Opening... Read More
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