Client Query 015:- Greetings!! Kindly clarify that in a Single Stage Two Envelope Tender process, if the Bid Validity Period of Bids was given as 120 days from the date of Financial Proposals Opening in the bidding documents and no time period for Technical Evaluation purpose or opening of Financial Proposal was given in the bidding documents but due to delay in Evaluation of Technical Proposals, total time period lapsed since opening of Technical Proposals is more than 120 days, should Financial proposals can still be opened and bid validity should be considered 120 days onward and necessary extension in bid bonds should be obtained from the bidders or said tender would be considered as Cancelled. Please assist with your kind assistance at your earliest.
Huma Najam, Norway
Thank you very much for writing to us. As per your query, Rule 26 of PP Rules, 2004 i.e. (1) Bid validity states that a procuring agency, keeping in view the nature of the procurement, shall subject the bid to a bid validity period. (2) Bids shall be valid for the period of time specified in the bidding document. (3) The procuring agency shall ordinarily be under an obligation to process and evaluate the bid within the stipulated bid validity period. However under exceptional circumstances and for reason to be recorded in writing, if an extension is considered necessary, all those who have submitted their bids shall be asked to extend their respective bid validity period. Such extension shall be for not more than the period equal to the period of the original bid validity. (4) Bidders who,- (a) agree to extension of their bid validity period shall also extend the validity of the bid bond or security for the extended period of the bid validity; (b) agree to the procuring agency’s request for extension of bid validity period shall not be permitted to change the substance of their bids; and (c) do not agree to an extension of the bid validity period shall be allowed to withdraw their bids without forfeiture of their bid bonds or securities.
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