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.
The South African National Roads Agency SOC Limited (SANRAL) invites tenders for the provision of consulting engineering services for the new ring road on National Route N2 Section 17 around Butterworth 2019-11-08 14:00 SANRAL N.002- 170- 2020/ 1F
Invitation for bids to evaluate the implementation of the finance linked individual subsidy programme ( FLISP ) 2019-11-15 11:00 HS 01/ 2019/ 2020
The South African National Roads Agency SOC Limited (SANRAL) invites tenders for the provision of Consulting Engineering Services for the Reseal Of N2 Section 16 From Mooiplaas (Km 49.9) To Komga T-Junction (Km 70.2). 2019-11-01 14:00 SANRAL N.002- 160- 2018/ 1F
The South African National Roads Agency SOC Limited (SANRAL) invites tenders for the provision of Consulting Engineering Services for the Upgrade on National Route R75 Section 2 from Uitenhage (km 5.0) to Kirkwood (km 31.0) 2019-11-01 14:00 SANRAL R.075- 020- 2017/ 1F
The South African National Roads Agency SOC Limited (SANRAL) invites tenders for the provision of Consulting Engineering Services for the Upgrade On National Route R410 Section 1 (Km 0,0 to Km 37,74) to Section 2 (Km 0,0 to Km 3,0) From The R392/R410 T-Junction To Lady Frere. 2019-11-01 14:00 SANRAL R.410- 012- 2018/ 9F
The South African National Roads Agency SOC Limited (SANRAL) invites tenders for the provision of consulting engineering services for the new ring road on National Route N2 Section 17 and 18 around Dutywa 2019-11-08 14:00 SANRAL N.002- 178- 2020/ 1F
Provision of specialised psychiatric security services at Fort England Hospital, Grahamstown in the Eastern Cape for period of thirty six months (36) 2019-11-15 11:00 SCMU3- 19/ 20- 0267- FEH
iSimangaliso Wetland Park Authority, a schedule 3A public entity invites suitably qualified service providers to bid for the construction and rehabilitation of roads situated in the Bhanganek section of the iSimangaliso Wetland Park, Kwa-Zulu Natal 2019-11-11 16:00 RFP NUMBER: 13/ 2019
iSimangaliso Wetland Park Authority, a schedule 3A public entity invites suitably qualified construction service providers to bid for the construction and refurbishment services of iSimangaliso Dredger Harbour Offices, in the St Lucia section of the Park 2019-11-11 16:00 RFP NUMBER: 10/ 2019
iSimangaliso Wetland Park Authority, a schedule 3A public entity invites suitably qualified service providers to bid for the construction and rehabilitation of roads and Parking area in the Sodwana Bay section of the iSimangaliso Wetland Park, Kwa-Zulu Natal. 2019-11-11 16:00 RFP NUMBER: 17/ 2019
iSimangaliso Wetland Park Authority, a schedule 3A public entity invites suitably qualified service providers to bid for the construction and rehabilitation of roads situated in the Mabibi section of the iSimangaliso Wetland Park, Kwa-Zulu Natal 2019-11-11 16:00 RFP NUMBER: 11/ 2019
Supply and deliver physical science kits for 60 MST schools to address the grades 10-12 curriculum & assessment policy statement 2019-11-08 11:00 BWCED 2543/ 19
iSimangaliso Wetland Park Authority, a schedule 3A public entity invites suitably qualified service providers to bid for the construction and rehabilitation of roads situated in the Kosi Bay section of the iSimangaliso Wetland Park, Kwa-Zulu Natal. 2019-11-11 16:00 RFP NUMBER: 12/ 2019
iSimangaliso Wetland Park Authority, a schedule 3A public entity invites suitably qualified service providers to bid for construction and rehabilitation of roads situated in the Maphelane section of the iSimangaliso Wetland Park, Kwa-Zulu Natal. 2019-11-11 16:00 RFP NUMBER: 15/ 2019
The Province of KwaZulu-Natal, Department of Transport, invites tenders from Established Contractors, experienced in bridge construction, for The Completion of Nkunzi Bridge No. 175 on D2404 in the Ladysmith Area. 2019-11-07 11:00 ZNT 0008/ 19T
Renovation at East London National Health Laboratory Service (NHLS) Labs 2019-10-28 11:00 RFB087/ 19/ 20
Supply, pack and deliver 32 natural science and technology (NST) kits (1 kit of 127 items) and 25 NST kits (1 kit of 6 items) addressing grades 4 to 7 across the eight (8) WCED districts. 2019-11-08 11:00 B/ WCED 2537/ 19
iSimangaliso Wetland Park Authority, a Schedule 3A Public Entity invites suitably qualified construction service providers to bid for the Structural Refurbishment and Development of a resort at Charters Creeks, in the iSimangaliso Wetland Park, Kwa-Zulu Natal. 2019-11-11 16:00 RFP NUMBER: 18/ 2019
iSimangaliso Wetland Park Authority, a Schedule 3A Public Entity invites suitably qualified construction service providers to bid for the construction and refurbishment services of iSimangaliso Dredger Harbour Offices, in the St Lucia section of the Park. 2019-11-11 16:00 RFP NUMBER: 10/ 2019
FS194 - Maluti a Phofung Local Office Accommodation 2019-11-01 11:00 IEC/ FS- 02/ 2019

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8 things you must know about Joint Ventures

By Werner van Rooyen

31 January 2019

One of the most popular types of business arrangements that are being used by South Africans, in the Tender environment, is Joint Ventures.

There are eight things that you must know about Joint Ventures:

  1. Definition

A Joint Venture is a strategic cooperation where two or... Read More

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