Wattpower Solutions CC and Another v Transnet SOC Limited and Another (D6346/2019)
Wattpower Solutions CC and Another v Transnet SOC Limited and Another (D6346/2019) [2021] ZAKZDHC 46; [2022] 1 All SA 892 (KZD) (20 December 2021)
The court found that Transnet's due diligence investigation was lawful and not a repeat of the functionality assessment, as the tender invitation and applicable regulations permitted a further assessment of capacity and capability after the functionality stage. The applicants failed to demonstrate that the process was unfair or that the criteria applied were not objective. The extension of the tender validity period was valid, as only responsive bidders needed to be consulted, and disqualified bidders had no further interest. Even if there were irregularities, they were not material and did n…
Source excerpt
- Public Procurement
- Preferential Procurement Policy Framework Act
- Due Diligence In Tender Awards
- Extension Of Tender Validity Period
- Objective Criteria In Tender Evaluation
- Disgorgement Of Profits