Once you have submitted your offer to the winning authority, you will check your financial and qualitative elements based on labelling criteria and with your competitors` bids on the shortlist. Regardless of the outcome of your submission, you should ask for feedback to use it as a continuous improvement or to identify the reasons why you lost marks. As a general rule, the Authority will establish a scorecard of all responses to the tender, which will allow you to see where you were classified in the evaluation process. If there are certain topics that you rated very well when awarding contracts, register these responses in a bidding library to manage future bidding processes. Make sure the customer is serious and that you are not there to create the numbers or test the market. Sometimes customers are only looking for ideas that they use for themselves. You can prevent this by inviting customers to sign a confidentiality agreement before the offer is submitted. But don`t forget that a lot of customers really want you to make a creative contribution and give ideas. The serial auction includes the establishment of tenders on the basis of a standard or fictitious list of parts or a schedule of work. The rates presented can then be used to evaluate work on a number of similar projects, often for a specified period beyond which the tendering process can be renewed. Goods and services are exchanged by contract. In accordance with the fundamental principles of contract law, a contract is entered into when an identifiable offer from an eligible party is accepted by another party. In addition, there must be a common intention to be legally bound to the agreement and both sides must consider it.

The consideration would then be the payment of a sum of money by one party in exchange for the provision of administrative services by the other party. It is important that once a legally binding treaty is in force, a number of remedies are available in the event of a breach of contract. It is increasingly common for applicants to try to exclude a process contract from the tendering process. The legality of such an exclusion clause in the tender is uncertain. In Cubic Transportation Systems Inc. v. New South Wales12, the attempt to exclude a trial contract was read by the judge, who found that there was indeed a trial contract. However, in the State Transit Authority (NSW) against the Australian Jockey Club13, the judge found that an exclusion contract was valid and stated that it was “quite clear that the complainant… was allowed to treat the different bidders differently and was not obliged to follow a particular procedure.

Despite inconsistencies in the law, it is likely that such a provision would not be valid if the parties agreed to a defining assessment procedure and if that process was deviated. As part of the purchase process, you will be evaluated both in terms of price and quality, so that the buyer can make an informed decision, when selecting, who delivers the contract best. There is no margin for error and you must do the tendering process correctly. Please note that your tender documents will not only be valued at the lowest price and you will also be evaluated on a quality narrative section of the tender document. The contract is separated from the tendering contract. The tendering contract is concluded when an applicant decides on a specific offer from a supplier. The contract of procedure is essentially intended exclusively to protect “the integrity of the bidder system”6. The procedural contract applies to both public and private tenders and “creates binding obligations for the party calling for tenders to evaluate each bid in a precise manner.” However, procedural contracts are not automatic, their existence being “conditioned by the consideration of circumstances and commitments expressly or implied”8.