Southern Africa Development Community Secretariat – Procurement and Grants Policy (3) The notice in paragraph (2) of this Article shall contain name of successful economic bidder, contract sum, and completion or delivery period. (4) The requirement in paragraph (2) above shall not apply to: (a) cases of emergency procurement if circumstances does not allow issuance of notice of intention to award the contract; and (b) Small procurement transactions where no written contract is required. (5) Upon receipt of a complaint from an economic operator served with the notice of intention to award contract in paragraph (2) the Executive Secretary shall proceed to determine the matter in accordance with Article 43 and notification of award decision shall be issued after the decision of the Executive Secretary. (6) If there is no complaint from any of the economic operators notified in pursuant to paragraph (2) the Procurement Entity shall issue a notice of acceptance of bid in line with paragraph (1) of this article. (7) Between the time when the notice of acceptance of bid referred to in paragraph (1) of this article is dispatched to the economic operator and the entry into force of the procurement contract, subject to paragraph 5 of this article, neither Procuring Entity nor the economic operator shall take any action that interferes with the entry into force of the procurement contract or with its performance. (8) The economic operator whose bid that has been determined the successful will enter into a contract with the Contracting Authority according to the content of the tender. Unless otherwise provided in the Special Conditions, the contract will enter into force when signed by the last of the parties. (9) If the economic operator whose bid has been accepted fails to sign a written contract, if required to do so, or fails to provide any required security for the performance of the contract, the Procuring Entity shall forfeit the bid security (if any) and select the second listed successful bid in accordance with Article 39 (12) of this Policy from the remaining bids, subject to the right of the Procuring Entity, in accordance to section 18 of this Policy, to reject all remaining bids. (10) In small transactions where no written contract is required, the contract will entry into force once the Contracting Authority duly dispatch Purchase Order for the services, goods and works to the economic operator who submitted a bid provided the dispatch is done within bid’s validity period. SECTION II. PREQUALIFICATION PROCEEDINGS Article 42. Prequalification Processes (1) Prior to the invitation to bid, request for proposals or offers, the Procuring Entity may engage in prequalification processes with the purpose to identify, economic operators that are eligible and qualified. The provisions of Article 15 of this Policy shall apply to prequalification proceedings. (2) If the Procuring Entity engages in prequalification processes, it shall provide a set of prequalification documents to each economic operator that requests them in accordance with the invitation to prequalify and who pays the price, if any, charged for those documents. The price that the Procuring Entity may charge for prequalification documents shall reflect only the cost of printing and providing them to economic operators. (3) The Procuring Entity shall solicit applications to prequalify by publishing an invitation to prequalify on the SADC Secretariat website. (4) The prequalification documents shall include, at a minimum the following information: 32

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