Once the offers are opened, the Authority must review them within a reasonable time to determine whether to accept one. An offer must be accepted for a public contract to be awarded. The acceptance and awarding of the contract to a bidder must be done under the conditions provided, since public policy prohibits granting a successful bidder or its subcontractor a benefit that has not been extended to other bidders who have submitted bids. A public body may be granted the right by law or, in the tender, it may reserve the right to refuse all offers, but it cannot do so arbitrarily or without justiciable cause. One of the typical reasons for rejecting all offers is that the amounts of bids exceed the public funds allocated to the project. When a company has a registered agreement and covers the employee`s work, the minimum wage and the terms of the agreement apply. Learn more about registered agreements, including where to find one and how to find one. An agreement for the fulfilment of a determined mission for the Community as a whole, financed by state resources. As a general rule, the courts will not intervene in a legal action by a public official or a public body by accepting or rejecting offers and awarding a contract, provided that the public servant or organization has done so in a fair and honest manner, in good faith and in the public interest. A distinction that has been awarded arbitrarily or capriciously or as a result of favouritism or fraud is subject to judicial review. A reasonable period of time should be between opening bids and executing a public contract to allow a disappointed bidder to file an appeal in court for judicial review. A weak bidder is generally entitled to an appropriate termination and a hearing prior to the rejection of the offer, unless he has clearly responded to a specific contract provision, such as. B the requirement of the minority contractor.
Unsuccessful bidders may file appeals challenging the rejection of their bids and the award of a public contract to another bidder. Since public procurement is a matter of public interest, taxpayers can also challenge the award of a contract.