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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2606
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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We submitted 2 tenders on the 28th of March 2014. We were

Customer Question

We submitted 2 tenders on the 28th of March 2014. We were awarded both tenders in September and October 2014. On the 1st of July 2016 we were notified via an email letter that we did not attach 2 mandatory documents to one of the tender submissions and that it was considered an "irregular award" after a forensic investigation was concluded. It must be noted that both tenders required exactly the same mandatory documents, we attached all documents as requested on both tender submissions.We have been informed that we did not comply with the administrative requirements of this tender and we should state our case and defense. We conclude that we did indeed submit all documents as required at the time of the submission for both tenders. We had no reason to submit mandatory documents for the one tender and not for the other. Further, we had no control of the documents once they were submitted to the client's tender box, and it's been 2 years later that we become aware of documents that were not attached to the tender submission.
Please assist with a defense.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

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.


Expert:  Freddie Lombard replied 10 months ago.

Hi there,

I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards