ADVICE regarding THE CONTRACT TENDERED FOR

The purpose of the procurement rules is to find the best or the most inexpensive tender. The procurement rules stipulate which rules must be followed in to the selection of such a tender.

The contract, on the other hand, regulates the business relationship between the contracting entity and the contractor in the period after the tendering process.  Consequently, it is important that the contract clearly and distinctly regulates the parties' relationship during the term of the contract. However, the terms and conditions of the contract should still be considered as early as the preparation of the tender.
 
The terms and conditions of the contract tendered for may impact the price of the work put out for tender and any assessment of how attractive that work is. If the contract contains onerous terms or implies that the tenderer must assume various risks, this should be reflected in the tender submitted.

Always a specialist for your case

The organisation of the Procurement Group ensures that each case is handled by a specialist, and we have the professional insight to fully assess the reasonableness of a tender contract. We help you explore whether it is commercially sound to submit a tender and whether it is necessary – and possible - to make reservations about certain contractual terms.