Glossary

Bid validity period (bid acceptance period)

A bid validity period (Bindefrist) is the period during which a bidder is bound to its bid and the client can accept it. After it ends, the bidder is no longer bound.

In short

  • In US federal procurement, a bidder is bound if the bid is accepted within the stated number of calendar days. FAR 52.214-15 “Period for Acceptance of Bids” sets the default at “60 calendar days unless a different period is inserted by the bidder”.

  • Where the government needs a minimum, FAR 52.214-16 “Minimum Bid Acceptance Period” lets the contracting officer set one. “A bid allowing less than the Government’s minimum acceptance period will be rejected.”

  • The German term is Bindefrist. Under VOB/A 2019 § 10, the client sets a reasonable period during which bidders are bound to their bids. It should be as short as possible, and its end is stated as a calendar date.

Example

The submission deadline of a public tender is 3 March, and the Bindefrist ends on 2 April. An installer bids on prices from a wholesaler’s quote that is valid for 14 days. If the award comes on 30 March, the installer is bound to their prices, but the wholesaler’s quote has expired. After the bid opening, the client compares the bids in a bid tabulation.

What to watch for

  • Match the validity of supplier quotes to the Bindefrist of the tender, not to the submission date. Manufacturer quotes usually answer a Werksanfrage.

  • Ask for the end date of the Bindefrist. It is a calendar date.

  • If the award is delayed and the Bindefrist is extended, prices may need to be agreed again.

  • A US bid with a shorter period than the minimum is rejected.

Not to be confused with

  • Submission deadline (Angebotsfrist): the deadline for handing in bids. The Bindefrist begins when the Angebotsfrist ends.

  • Validity of a supplier quote: set by the supplier for its own quote, not by the client.

  • Construction period (Ausführungsfrist): the time for carrying out the work.