Section 39: Cancellation of bidding process

39. Cancellation of bidding process (1) A public body may, at any time prior to the acceptance of a bid, reject all bids, or cancel the public procurement proceedings where— (a) all the bids are non-responsive; (b) the lowest evaluated bid is substantially above the applicable updated cost estimate; (c) the goods, works or services are no longer required; (d) it has been established that there has been collusion among the bidders; (e) the bidding document requires substantial modification making it more convenient to restart a new bidding process; or (f) after the closing date and time for submission of bids and before the opening of bids, it is determined that one or more bidders were unable to submit bids due to such circumstances as may be prescribed. (2) Written notice of the rejection of all bids, or cancellation of the public procurement proceedings, shall be given to all bidders that submitted bids. (3) There shall be no invitation to re-bid for the procurement on the same specifications and contract conditions unless the rejection of all bids or cancellation of procurement proceedings is made on a ground specified in subsection (1) (a), (b) or (f). (4) Where the invitation for the procurement is to be repeated, the reason for the rejection of all bids or the cancellation of the procurement proceedings shall be examined by the public body and the technical specifications or contract conditions shall be suitably modified. (5) Where public procurement proceedings are cancelled by a public body under this section, no challenge under section 43 and no application for review under section 45 shall be entertained in respect of the cancellation. [S. 39 amended by s. 43 (j) of Act 9 of 2015 w.e.f. 15 August 2015; s. 42 (d) of Act 18 of 2016 w.e.f. 7 September 2016.]