Government procurement is a complex beast - full of regulations and accountabilities and the like. Private procurement is different. This tender notice is in this morning's Business Day (page 13).
GijimaAST is looking for a courier company. The tender conditions are very different to the PPPFA. And I quote:
GijimaAST does reserve the following rights without prejudice:
- The right to change the RFP scope and or requirement;
- The right not to make any award based upon any submission;
- The right to withdraw this RFP at any point and at any time;
- The right not to award the RFP to the lowest priced submission;
- The right to award the RFP without having to furnish any reasons of any kind to any party; (an application of "the judges' decision is final and no correspondence will be entered into" - my emphasis)
- The right to disqualify late or incomplete, or unduly authorised submissions, or submissions not meeting the RFP stipulated criteria.
- The right to reject or disqualify any submission in the event of any direct contact with GijimaAST or its staff in order to potentially gain an unfair advantage. Contact may only be made in line with the directives contained in the RFP (similar to competition entry forms "competition not open to staff members and their immediate families")
There is no legislated recourse for jilted tenderers in private tenders - I'm sure there might be civil remedies available.
If you are considering going to tender - it would be a good idea to incorporate these into the tender.
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