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Rule 43:
Treatment of responses

Explains how an agency should treat supplier responses to a procurement.

  1. An agency must have in place procedures that guarantee that all suppliers’ responses are treated fairly. This includes receiving, opening and evaluating responses.
  2. To be considered for an award of contract, a supplier must:
    1. submit its response in writing (this can be through electronic means such as email or an e-procurement system)
    2. comply with all pre-conditions (Rule 28) if any, or other conditions for participating in the contract opportunity.
  3. An agency must not penalise a supplier who submits a late response, if the delay is solely the agency’s fault.
  4. If, after opening the responses but before completing the evaluation, an agency offers a supplier the opportunity to correct unintentional errors, it must offer the same opportunity to all participating suppliers.

Procurement advice

The Rules do not prevent you from allowing suppliers to present their bids in person. However, be very sure that you have adequate probity procedures in place.

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