Non-Conforming Tender

What is a Non-Conforming Tender?

A non-conforming tender is a submission that does not comply with the mandatory requirements set out in the tender documentation. This could mean failing to provide required information, not meeting minimum specifications, submitting after the deadline, or deviating from the stated terms and Conditions of Contract.

What Makes a Tender Non-Conforming?

Common reasons a tender may be deemed non-conforming include:

• Late submission — lodged after the published closing time, regardless of the reason
• Missing mandatory documents — such as Returnable Schedules, financial statements, or signed declarations
• Failure to meet minimum requirements — for example, not holding required licences, certifications, or insurance
• Departures from contract terms — proposing alternative conditions that the agency has stated are non-negotiable
• Incomplete pricing — failing to price all items in the schedule of rates or bill of quantities
• Exceeding page limits or not following the required response format

Can a Non-Conforming Tender Still Be Considered?

It depends on the severity of the non-conformance and the agency’s policies:

• Material non-conformances — such as late lodgement or failure to meet a mandatory capability — typically result in exclusion from further evaluation
• Minor non-conformances — such as a missing signature or administrative error — may be rectified if the agency allows clarifications
• Some agencies explicitly state in their tender documents whether they will consider non-conforming tenders or alternative offers

Tips for Tenderers

• Create a compliance checklist — map every mandatory requirement from the tender documents and tick them off before submission.
• Submit early — technical difficulties near the deadline are the most common cause of late submissions.
• Do not assume minor errors will be overlooked — evaluators in government procurement follow strict Probity processes.
• If you must deviate, flag it — clearly identify and justify any departures in your submission rather than hoping they go unnoticed.