Southern Africa Development Community Secretariat – Procurement and Grants Policy
compensation. If the procedure is divided into lots, a single lot may be cancelled. Cancellation may
occur when:
(a)
the bidding procedure has been unsuccessful, i.e. no qualitatively or financially worthwhile bids
have been received or there is no response at all;
(b)
the economic or technical data for the contract have been fundamentally altered;
(c)
exceptional circumstances or Force Majeure render the normal performance of the contract
impossible;
(d)
all technically compliant bids/ applications substantially exceed the available financial resources;
(e)
there have been noted flaws in the application of procurement procedures; or
(f)
the financial allocation becomes unavailable.
(2)
If a procurement procedure is cancelled, all applicants/bidders shall be notified in writing of the
reasons for the cancellation at the earliest time. Furthermore, a cancellation notice shall be published
on the SADC Secretariat website with the reasons for cancellation.
(3)
Under no circumstances shall the Procuring Entity be liable for any damages whatsoever including,
but without limitation, damages for loss of profits in any way connected with the cancellation of a
procurement process. The publication of a procurement notice does not commit the Procuring Entity
to award the contract announced or accept any application or bid received.
Article 19. Records of procurement process
(1)
The Procuring Entity shall maintain records of the procurement process containing, at a minimum,
the following information:
(a)
a brief description of the goods, works or services to be procured, or of the procurement need
for which the Procuring Entity requested proposals or offers;
(b)
the complete solicitation documents sent to the economic operators including the
qualification, evaluation and award criteria and the approval of these documents by relevant
authorities;
(c)
the requests for clarification from or to the economical operators on the prequalification-,
solicitation-, bidding documents and bids as well as the responses thereto, and any
modification of those documents;
(d)
the names and addresses of economic operators that submitted bids, proposals, offers or
quotations, the name and address of the economic operator with whom the procurement
contract is entered into and the contract price;
(e)
information relative to the qualifications, or lack thereof, of economic operators that
submitted bids, proposals, offers or quotations;
(f)
the price, or the basis for determining the price, and a summary of other principal terms and
conditions of each bid, proposal, offer or quotation as well as the contract;
(g)
the records of the evaluation and comparison of bids, proposals, offers or quotations and the
approval of these documents by the relevant authorities;
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