Procurement of goods and services: Importance of well drafted tender

As pointed out by DLA Phillips Fox in an article posted to Mondaq the case "highlights the importance of adequate review and drafting of the invitation to tender document to ensure that the drafting of the terms of the invitation to tender minimise any exposure to process contract risk".

The article concludes that the Victorian case "represents a further entrenchment of the process contract in Australia"  and should serve as a reminder to those issuing invitations to tender to carefully consider that "the tender process may give rise to contractual rights and obligations".

The case also highlights the need to draft and review tender documents to ensure they give wides discretion and express rights to vary the tender process at "the principal's sole discretion".

Is more care need with the drafting of RTFs?

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