It is the very nature of a tender process that all parties are in competition with each other and, within certain bounds, each is fully entitled to act in their own interests.  The tenderers compete not only with each other, but also with the invitor to protect their profit.  The successful tenderer scoops the pot, leaving nothing for those whose bids were unsuccessful.  Increasingly, tenderers have shown an unwillingness to play the game, either by simply ignoring the rules or by challenging the process.  This is almost certainly as a result of the cost and uncertainty that is inherent in any competitive process.

This paper was originally published in the New Zealand Law Journal in 2000.