Pusuc PRocuREMENT AND DISPOSAL OF Pusuc AssETs Cap.22:23 No.S/2017 Provided that the procuring entity shall notify all the bidders promptly of the rejection of their bids and, upon request by any such bidder, shall inform the bidder of the reasons for the rejection. (5) Where no responsive bids are received or procurement proceedings are otherwise unsuccessful, the procuring entity shall conduct a reasonably adequate investigation into the failure and record(a) the reasons for the failure; and (b) the course of action taken by the procuring entity; and shall file the record with the procurement docwnents. (6) A procuring entity shall incur no liability towards bidders for action taken by it in terms of this section: Provided that this subsection shall not relieve the procuring entity, or any of its officers, employees or agents. from liability for negligence or for anything done in bad faith. 43 Submission of bids or applications to pre-qualify (l) Bids and applications to pre-qualify shall be submitted in writing, duly signed, before the end of the bidding period or, as the case may be, before the date stated in the invitation to pre-qualify as the date by which applications to pre-qualify must be submitted. (2) Bids and applications to pre-qualify may be submitted to the procuring entity by hand or by post or by courier, at the option of the bidder: Provided that, subject to any e-procurement policy laid down by the Authority, a procuring entity in its bidding documents may authorise other methods of submission of bids, such as by electronic mail, as long as the confidentiality and security of bids are assured. (3) Where a bid or application to pre-qualify is received by the procuring entity after the deadline specified in subsection (1)(a) if the bid or application is received in electronic form, the procuring entity shall not consider it; (b) if the bid or application is received in hard copy, the procuring entity shall not open it but instead shall permit the bidder to collect it within thirty days after the deadline, following which the procuring entity may return it or destroy it unopened. (4) Bids shall remain valid for the period indicated in the bidding documents, and if a bidder modifies or withdraws a bid while it is valid the bidder shall forfeit any bid security he or she may have provided in respect of the bid. (5) The period of validity of a bid may be extended only during that period and with the agreement of the bidder concerned, and a bidder that agrees to extend the period shall be entitled to a corresponding extension of any bid security he or she may have provided. 44 Bid security ( 1) Subject to subsection (2) and to any prescribed requirements or conditions, a procuring entity may require bidders to provide bid security in order to deter irresponsible bids and encourage bidders to fulfil the conditions of their bids. (2) A requirement for the provision of bid security(a) (b) shall be stated in the procurement documents; and shall be imposed equally on all bidders. 67