Southern Africa Development Community Secretariat – Procurement and Grants Policy
Article 34. Clarifications and modifications of bidding documents
(1)
An economic operator may request a clarification of the bidding documents from the Procuring
Entity. The Procuring Entity shall respond to any request by an economic operator for clarification
of the bidding documents that is received within a reasonable time prior to the deadline for the
submission of applications. The Procuring Entity shall respond within a reasonable time so as to
enable the economic operators to make a timely submission of their bid and shall, without
identifying the source of the request, communicate the clarification to all economic operators to
which the Procuring Entity has provided the bidding documents.
(2)
At any time prior to the deadline for submission of bids, the Procuring Entity may, for any reason,
whether on its own initiative or as a result of a request for clarification by an economic operator,
modify the bidding documents by issuing an addendum. The addendum shall be communicated
promptly to all shortlisted economic operators to which the Procuring Entity has provided the
solicitation documents and shall be binding on those economic operators
(3)
If the Procuring Entity convenes a pre-bid meeting or site visit of economic operators, it shall prepare
minutes of containing the questions submitted at the meeting or site visit, and its responses to those
requests, without identifying the sources of the requests. The minutes shall be provided promptly to
all economic operators to which the Procuring Entity provided the bidding documents, so as to
enable them to take the minutes into account in preparing their bids.
(4)
The cost and expenses related to attending pre-bid meetings and/or site visits shall be borne by the
economic operator.
Article 35. Submission of bids
(1)
The Procuring Entity shall fix the place, and the deadline (date and time), for submission of the bids.
(2)
If, pursuant to Article 36 of this Policy, the Procuring Entity issues a clarification or modification
of the bidding documents, or if a meeting of economic operators is held, it shall, prior to the deadline
for the submission of bids, extend the deadline if necessary to afford economic operators reasonable
time to take the clarifications, modification or the minutes of the meeting, into account in their bids.
(3)
The Procuring Entity may, in its absolute discretion, prior to the deadline for the submission of bids,
extend the deadline if it is not possible for one or more economic operators to submit their bids by
the deadline and submit a request for such an extension.
(4)
Notice of any extension of the deadline shall be given promptly to each economic operator to which
the Procuring Entity provided the solicitation documents.
(5)
(a) Subject to subparagraph (b) and (c), a bid shall be submitted in writing, signed and in
sealed envelopes.
(b) When quality and cost award criteria are applied, the Procuring Entity shall employ the
principle of double envelop system, whereby the technical proposal shall be separated from
the financial proposal.
(c) Without prejudice to the rights of an economic operator to submit a bid in the form referred
to in subparagraph (a) bids may be submitted, only in exceptional cases and if stated in the
bidding documents, by e-mail or fax.
(d) Upon request, the Procuring Entity shall provide the economic operator a receipt showing
the date and time when his bid was received.
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