Tag archives: Tenders

Tender award to unlawfully preferred bidder set aside

By Sandile Khoza, Purnel Gangiah and Ismene Nayagar on July 9, 2020 Posted in General

Tender processes require fairness and transparency. In order to ensure fairness and transparency, an organ of state must adopt a proper evaluation process when considering and awarding tenders. An organ of state cannot rely on its selection of a preferred bidder in circumstances where the process for a preferred bid is not followed. When the … Continue reading

Failure to disclose business rescue results in setting aside of tender

By Aslam Moosajee (ZA) on April 19, 2016 Posted in General

If tender documents impose an obligation on a bidding party to disclose that it has the necessary financial resources to execute a project, the failure by the bidder to disclose that it was placed under business rescue after the bid was submitted but before the contract was awarded, resulted in the successful award of the … Continue reading

Cancellation of tender is not administrative action

By Patrick Bracher (ZA) on January 13, 2016 Posted in General

A municipal tender provided that the municipality did not have to accept the lowest tender and was entitled to cancel the tender or reject all tender offers at any time before formation of a contract. It was held in City of Tshwane v Nambiti Technologies (Pty) Ltd that this was not administrative action and could … Continue reading

Suppliers to government must register on its central supplier database

By Marc Van Heerden on September 16, 2015 Posted in General

Government has launched an e-Tender Publication portal and the central supplier database (CSD) that provides for electronic platforms to centralise its procurement process. The portal and the CSD were set up by the Office of the Chief Procurement Officer (OCPO) on 1 April 2015 and went online on 1 September 2015. All suppliers to any … Continue reading

Public procurement: e-tender portal a welcome announcement in the Budget Speech

By Matthew Clark (ZA) on March 5, 2015 Posted in General

On 25 February the Minister of Finance, Mr Nhlanhla Nene, announced in his National Budget Speech that all government tender documents will be published on an e-tender portal from April 2015, and advertisements in newspapers will be phased out. The publishing of all government tender documents on a central e-tender portal, and the phasing out … Continue reading

Courts continue deferent approach to tenders and administrative powers and functions

By Bradley Harber and Matthew Clark (ZA) on October 28, 2014 Posted in General

An October 2014 supreme court of appeal decision has confirmed two well established principles of public procurement and administrative law review: There is limited scope for not awarding a tender to a bidder that has scored the highest number of points; and A court is not likely to substitute its decision for a decision made … Continue reading