Good morning Daryn,
Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.
There are a number of factors and issues to be considered.
1. You were awarded the tender 2 years ago, and I assume you have been performing in terms of your obligations without any problems?;
2. Did you keep a complete copy of the tender that was submitted?
3. Was only the one tender found to be irregular?
If I were in your position, I would merely deny that the documents were not attached, and state that the tender was fully compliant. I would further state that in the event that these two documents were not attached (which is denied) then the tender would never have survived the bid process and the tender would never have been awarded.
I would state that the documents were indeed included in the bid, and the only reasonable explanation is that the documents were somehow misplaced or lost after the tender was already awarded. You can then just provide copies of these documents to them again to replace the ones they apparently misplaced or lost. I assume that you are in possession of these documents (or at least copies thereof).
However, tender review processes can become very complex, so I would suggest that you get the services of an attorney to assist you with first obtaining a copy of the forensic audit report and it's findings as well as a complete set of documents and minutes of meetings and findings of the bid analysis committees etc. My above answer would drastically change if there is evidence that these documents were not attached in the initial tender and if that was minuted somewhere, but then at least you will be able to follow the reasoning of the tender committee as to why they did not deem the lack of those documents to be fatally flawed.
I hope this answered your question.
I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.