WBHO v Nelson Mandela University and Another (2121/19)
WBHO v Nelson Mandela University and Another (2121/19) [2019] ZAECPEHC 68 (1 October 2019)
The Court found that the applicant's tender was lawfully disqualified for non-responsiveness due to its material deviation from the tender requirements, specifically the inclusion of an escalation clause and risk transfer provisions contrary to the FIDIC Silver Book and SANS10845-3. The first respondent's assessment was rational, bona fide, and intra vires the tender documentation. The extension of the tender validity period and scope was contractually and procedurally permissible. Pre-award negotiations with the preferred bidder were explicitly provided for in the tender documents and did no…
Source excerpt
- Promotion Of Administrative Justice Act
- Public Procurement
- Preferential Procurement Policy Framework Act
- Tender Responsiveness
- Judicial Deference
- Contractual Escalation Clauses