Legal Question in Business Law in Kenya

how do invitation to treat,offer and acceptance apply in tenders and auctions?


Asked on 6/10/10, 1:50 am

1 Answer from Attorneys

CHRISTINE KIPSANG KIPSANG MURUGI MUGO &CO ADVOCATES

Tendering is done under Public Procurement Law which is a new law in kenya and which is a replica of international public procurement law.So in procurement once the tender document are prepared you are invited to treat when the advertisment is put in the newspaper to the whole world to accept or reject the offer.the conditions set up in the documents require you pay non refundable fee and then once you respond to the answers or qualifications in the documents then you are required to submit and it only those submitted ones that meet the criteria set that are accepted and pre-qualification is done and then tender qualification is done to get the best out the pre-qualified ones and then you accept the offer when you have won the tender and then responded [positively and signed a contract to supply goods or service required.You need an aattorney to advise in case the contract require technical requirements to enable qualify and in case of a dispute you can lodge a claim to the board for re-tendering or cancellation of the tender process followed.

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Answered on 6/16/10, 7:44 am


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