Judicial Review of Tender awards

The implications of the judgement are that:

i. Tender awards effected outside the factors stated in the bidding package are illegal and reviewable;

ii. An invitation to tender package, once issued constitutes an offer to all potential bidders;

iii. As soon as bidders submit their tenders, a contract known as a process/bid contract comes into existence; and

iv. The second contract is known as the substantive contract which is for performance of the work bid for.

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