n Tydskrif vir die Suid-Afrikaanse Reg - The status of contracts exceeding a municipal tender call : regspraak

Volume 2009, Issue 2
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Case law in South Africa emphasises that, when calling for tenders, organs of state should consider and accept only conforming or responsive tenders. An organ of state is bound by its tender call and the specifications advertised, because failure to do so would undermine the rationale behind a public tender process, that is, to select the best bidder from a pool of bidders taking into account the constitutional requirements of fairness, equity, transparency, competitiveness and cost-effectiveness in section 217 of the constitution ( 2002 3 All SA 336 (T) par 32; 1999 2 SA 635 (O) 644I-J ; 2005 JOL 15344 (NC); 2004 1 SA 16 (SCA); 2005 4 All SA 487 (SCA)). Until recently, however, there has been little judicial clarity on the extent to which the contract with the preferred bidder must conform to the tender call and specifications advertised.

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