The threshold conditions in the tender for operating dormitories for at-risk youth did not allow for non-gross proposals unless there was a violation of workers’ rights.
The court ruled that the tender must be amended by changing the threshold conditions. The tender committee has an almost absolute mandate regarding the determination of the tender conditions and the selection of the bid, but when the tender was conducted on an incorrect factual basis or its threshold conditions were made in violation of the law, the tender must be canceled and returned to the committee to correct its conditions. Here, the tender conditions were determined on an incorrect factual basis, and did not allow for the submission of a bid that was not deficient, but in violation of workers’ rights. Therefore, the tender must be canceled and returned to the committee to correct its conditions.
