An offer in procurement refers to a formal bid or proposal submitted by a supplier in response to a tender. It outlines what the supplier proposes to deliver—such as goods, services, or works—and at what price, along with terms and conditions specified in the tender documentation. Once submitted and valid past the bid deadline, the offer becomes binding for a specified validity period.
In EU procurement, an offer is legally recognized as a binding proposal. Tender documents often set a deadline by which offers must remain valid—commonly 90 to 180 days—to allow the contracting authority sufficient time for evaluation and a potential standstill period. During this time, offers cannot be unilaterally withdrawn or altered by the bidder, ensuring stability in the process.
In practice, understanding an offer’s binding nature is crucial for both bidders and the contracting authority. Bidders must ensure their offers are accurate and feasible for the duration of their validity. Contracting authorities depend on this commitment to proceed smoothly with bid evaluation, award selection, and final negotiations, without the risk of withdrawal or alteration affecting process integrity.
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