Ramabodu, M S (2013) Rules of tendering and the influence of the privilege clause in South Africa. In: Smith, S D and Ahiaga-Dagbui, D D (eds.) Proceedings of 29th Annual ARCOM Conference, 2-4 September 2013, Reading, UK.
Abstract
The tendering process typically engages a number of parties, each of whom invests considerable time and money in the competition for a construction contract. Most of the rules of the competition are set out in the tender document. But the process also involves implied obligation and duties of fairness which do not appear in the tender documents and are not easily defined. Therefore this paper tend to address some legal and practical aspects of the tender process, the nature of the contractual obligations, potential remedies for aggrieved tenders, and the influence of the privilege clause on tender documents. Because of the expectation that government tender processes are conducted fairly and in accordance with high standards of probity and integrity the paper examine the legal aspects of government tender processes with a view to provide pointers on how to minimise adverse legal consequences of a poorly conducted tender process and conditions to tender.
| Item Type: | Conference Paper (Paper) |
|---|---|
| Uncontrolled Keywords: | tender process; construction contract; obligation; duty; fairness |
| Index terms: | fairness, South Africa, competition, integrity, tendering process, duty, construction contract, tender document, privilege |
| Subjects: | sociology, leadership, Geography, contractual role, health safety and environment, tendering, contract type, market analysis |
| Topics: | Geographical Context, Contract Administration, Ethics, Research Practice, Procurement, Health and Safety, Organizational Design |
| Descriptive scope: | 2 PC |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here