Make reservations without getting rejected
A well-meaning 'provided that...' can disqualify the entire bid. But some reservations are legal, even wise. Here is how to tell the immaterial reservations from the ones that auto-reject — and phrase them in a way that holds up.
The challenge
Material reservations = rejection. Immaterial ones = allowed. Where is the line?
The procurement regulations § 24-8 are clear: bids with material reservations shall be rejected. But 'material' is a legal standard, not a checklist — and it is the evaluator who first assesses it. Many capable bid writers make reservations they think are safe, and only discover at rejection that they were wrong.
Procurement regs — duty to reject
The regulations require the buyer to reject bids with material reservations against the tender documentation. It is not a may-provision — it is a shall-provision.
contract and delivery
Reservations affecting price, the content of the contract or the scope of delivery are considered material. Even small phrases like 'subject to' can trigger rejection.
sits with the evaluator
It is not you who decides whether the reservation is material — it is the evaluator, based on what the reservation means in practice. Doubtful cases usually go against the supplier.
Here is how to do it
Hit the thin line — with phrasings that hold up
Most reservations you feel are necessary are either unnecessary or can be phrased as questions, clarifications or alternative bids — without becoming material reservations.
Ask, don't reserve
Most of what ends up as a reservation should have been a question in the Q&A round. Tenderen's requirement quality check flags unclear or conflicting requirements and drafts a question for the buyer.
Know where the line is
KOFA has decided many cases on what counts as material. Read the relevant practice, or ask a lawyer, before you write a reservation you are unsure about. Tenderen does not link reservations to KOFA decisions.
Phrase as bid corrections
Some 'reservations' are really discrepancies between tender documentation and contract template that the buyer may want to correct. These need to be phrased clearly — not as reservations.
Use alternative bids when allowed
If the tender documentation allows alternative bids, that is where you can propose different solutions — without risking rejection on the main bid.
How it works
Three steps to legal reservations
Check the requirements early
Run the requirement quality check on the tender. It flags requirements that are unclear or conflict with each other, the usual cause of reservations.
Ask the buyer instead
Send the drafted questions in the Q&A round. A clarified requirement needs no reservation.
Rephrase or remove
Read your bid letter, price form and answers for phrases like 'provided that' or 'subject to', and rewrite or remove them before you submit. Ask Tenderen AI to help you find them, then judge each one yourself.
Fewer reservations, more questions
Clarify unclear requirements in the Q&A round, and check your own wording before you submit.
Regulatory basis for rejection
Questions drafted for the buyer
Unclear or conflicting requirements
Run the check any time
Check before you submit, not after the rejection.
Run the requirement quality check on your next tender and ask the buyer before you write a reservation.