Page 78 - BASIC PRINCIPLES OF QUANTITY SURVEYING PROFESSIONAL PRACTICES

Politeknik Kota Bharu

4.0 TENDERING PROCEDURES

4.1 Definition of Tender

❑ A tender is an offer to do or perform an act which the party
offering, is bound to perform to the party to whom the offer is

made. An offer is a promise or acknowledgment, or proposal
made by an offeror to another called the beneficiary (offeree).

(Please refer to Section 2 (a) and 2 (c) of the Contract Act 1950.

❑ When such an offer is accepted, the maker of the offer, as

well as the terms of his contract, are obligated by it.

❑ In response to an invitation to tender, a prospective

Contractor/Supplier (offeror) submits a tender (by offeree).

❑ To eliminate uncertainty and doubt in the future, an offer must

be explicit, complete, and final.

❑ According to section 2 (c) of the Contracts Act 1950, the

person who makes the proposal is known as the "promisor,"
and the person who accepts the proposal is known as the

"promisee.".

❑ An offer is a promise made to another person who agrees to

the terms put forth by the promisor.

❑ An invitation is not the same as an offer. When a proposal is

accepted, it becomes a contract (contract).

❑ When an invitation is accepted, however, it is only an offer.

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