Eskom Holdings SOC Limited v Babcock Ntuthuko Engineering (137/2023, 156/2023 and 148/2023)
Eskom Holdings SOC Limited v Babcock Ntuthuko Engineering (137/2023, 156/2023 and 148/2023) [2024] ZASCA 63 (29 April 2024)
The Supreme Court of Appeal held that the RFP unambiguously required submission of a valid ISO 3834 certificate as a mandatory returnable, and this was clarified at the tender clarification meeting attended by all bidders, including Babcock. Babcock's failure to submit the certificate by the deadline constituted material non-compliance with a peremptory requirement, and Eskom had no discretion to condone such non-compliance. The court distinguished this case from precedents where non-compliance was trivial or minor, finding that the ISO certificate was essential to ensure bidders' qualificati…
Source excerpt
- Public Procurement
- Preferential Procurement Policy Framework Act
- Mandatory Tender Requirements
- Substantial Compliance
- Tender Disqualification
- Splitting Of Tenders