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.
Occupational health and safety services for resurfacing of municipal roads (Rawsonville, Worcester, De Doorns, Touwsrivier). 2019-04-30 11:00 296861
Terms of Reference for Consultancy Services to Undertake Gender Mainstreaming Study in the Energy Sector in Africa 2019-05-07 15:00 AUC/IED/C/014
Construction of Speed-Humps 2019-05-03 12:00 SCM/2019/114/ENG
For the supply and delivery of safety boots for delivery to Kimberley, Supply Chain Services Warehouse. 2019-04-30 10:00 WRAC/KBC/29581
Supply and delivery of various PPE material on an “as and when” required basis to Bellville 2019-05-14 10:00 BLE RME 2202/2019
SHEQ Dept - Collection and Disposal of Medical Waste on a month-to-month basis not exceeding 12 months 2019-05-07 12:00 PEHR 007/19-20
Construction of Ward 4 Elityeni Internals Streets 2019-05-17 11:00 TECH/MIG 01/2019/20
Construction of Chintsa East Internal Streets 2019-05-17 11:00 TECH/MIG 02/2019/20
Construction of Icwili Sports Field 2019-05-17 11:00 TECH/MIG 03/2019/20
Construction of Ward 6 Youth Centre 2019-05-17 11:00 TECH/MIG 04/2019/20
Provision of Website Management services at KHTVETC for a period of 36 months ( 3 years) 2019-05-23 11:00 KHC Bid 01/2019
Provision of the Secondment of the Water Sector Manager 2019-04-25 11:00 EWSETA/RFQ/11/2019
Appointment of a service provider for the design and construction of houses with basic services infrastructure for evicted farm dwellers from Vaalpoort Farm in Pixley Ka Seme Local Municipality 2019-05-15 11:00 CONMP 0001 (2019/ 2020)
Procurement of Support and Maintenance of VMware Enterprise Licences, the reconfiguration of Enterprise Licenses at Head Office and the Procurement of 12 Additional Enterprise Licences wit x1 VMware vCentre standard including installation and configuration for 36 months 2019-05-10 11:00 RFB 1918- 2018
Request for proposals from reputable and suitably qualified research houses to submit proposals to conduct a Domestic and Departure Tourism Survey for the South African Tourism. 2019-05-10 12:00 SAT 148/ 19
Request for proposal for the appointment of a service provider to render employee wellness programme for the Office of the Public Service Commission (OPSC) for a period of thirty six (36) months. 2019-05-14 11:00 OPSC 001/ 19
The provision of professional catering services for the National School of Government for a period of three (3) years. 2019-05-10 11:00 NSG/ BID/ 12/ 2018/ 19
The comprehensive management and maintenance services of CCTV survailance, access control and intruder alarm systems at the national school of government for a period of 36 months (three years). 2019-05-10 11:00 NSG/ BID/ 13/ 2018/ 19
Supply and delivery of fine aggregate, coarse aggregate, crusher run and rip rap to the Department of Water and Sanitation, Clanwilliam Dam. 2019-06-06 11:00 DWS03- 0419 WTE
Appointment of a Consultant for the Development of 5- Year Business Plan (2019 - 2023) for Sci-Bono Discovery Centre (Sci-Bono) Operations. 2019-05-02 12:00 SCM/CEO/R19-20/11

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Ease of opening a business

By Werner van Rooyen

www.howtotender.co.za

31 January 2019

South Africa is currently rated 88nd when it comes to the ease of doing business according to survey that is done yearly by The World Bank. This is all good and well if you are an overseas investor with a lot of money and looking for new places to invest in. However, if you are a South African with little or no money, doing and / or starting a business in South Africa can be a daunting task!

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