What is the tender validity period and what are the consequences of tender withdrawal?
Tender validity period is the period in course of which the supplier is bound by the tender, in relation to its content and conditions offered (price, execution time, guarantee, etc). Article 15 of the Public Procurement Law prescribes that tender validity period is specified by the contracting authority. The Law does not prescribe the moment from which tender validity period begins. The general rule is that it is the moment when the deadline for tender submissions expires. Before this deadline expires, every supplier may withdraw the tender, and submit a new one. As of the moment the tender submission deadline expires, the supplier may not withdraw the tender before the tender validity period expires. If such a supplier wishes to withdraw the tender before the tender validity period expires, the supplier will reimburse the contracting authority. If the supplier submits the tender, but decides to withdraw it before the tender submission deadline expires, he may, in writing, demand the withdrawal of the tender, and is entitled to withdrawal without negative consequences. The supplier is entitled to withdraw his tender until the tender submission deadline expires. After the deadline for tender submission expires, the supplier accepts responsibility toward the contracting authority on the basis of the tender, and may not withdraw the tender any more, without negative consequences. It is herein necessary to emphasize that if the contracting authority used a legal possibility, and demanded, in the tender documentation, that the tender effectiveness be guaranteed by an appropriate tender guarantee, the tender withdrawal after the tender submission deadline expires (and within the tender effectiveness period) has, as its consequence, the realization of the guarantee by the contracting authority (Article 16, paragraph 3, item a) of the Decision on Implementation of Public Procurement Law BiH.