Overview of the framework for public tenders in South Africa.
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Public tender functions are recognized as administrative operations in South African law. Once the tender is granted, the applicants enter into a contract, and their interaction is regulated by contract law. As a result, public contracting is an area in which both public and private law concepts apply. Public and private law solutions may also be accessible to disenfranchised parties depending on the phase in the tendering process and the party's profile (Shai, 2019). If a public tender is canceled after it has been approved and an agreement has been formed between the parties, the contract between the public body and the winning tenderer is null and invalid. This implies that no contract terms solutions are accessible to the initially successful bidder.
References
Shai, L., Molefinyana, C., & Quinot, G. (2019). Public Procurement in the context of broad-based black economic empowerment (BBBEE) in South Africa—Lessons Learned for sustainable public procurement. Sustainability, 11(24), 7164.
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