2. An Employer intended to call a competitive open tender to [25 marks] construct a 40 storey office tower as its head office and advertise in a number of local newspapers to invite Contractor to bid for the aforesaid office tower. Five (5) tenderers submitted their bids and after technical and commercial evaluation, the Employer finally confirm to award the said project to the lowest tenderer by issuing a Letter of Award to effect such award. [4 marks] a) Based on the above scenario, identify where are the "offer" and "acceptance" taking place? b) What will be your advice to the Employer if the Employer intended to accept the lowest tenderer submission but subject to a qualification that their acceptance of the tenderer's price is subject to the inclusion of a provision that the tenderer shall be responsible for all the works that are indispensably necessary for the completion of the contract undertaking. Your advice shall refer to the pertinent authority such as the Contracts Act 1950 and/or decided case law for explanation. c) Based on the above scenario, what will be your advice (with explanation) to the Employer if the lowest tenderer submit a letter to revoke its submitted bid prior to the issuance of the Letter of Award by the Employer, but within the tender validity period. d) What is the legal position of the advertisement for tenders based on the aforementioned scenario? [12 marks] [7 marks] [2 marks] 2. An Employer intended to call a competitive open tender to [25 marks] construct a 40 storey office tower as its head office and advertise in a number of local newspapers to invite Contractor to bid for the aforesaid office tower. Five (5) tenderers submitted their bids and after technical and commercial evaluation, the Employer finally confirm to award the said project to the lowest tenderer by issuing a Letter of Award to effect such award. [4 marks] a) Based on the above scenario, identify where are the "offer" and "acceptance" taking place? b) What will be your advice to the Employer if the Employer intended to accept the lowest tenderer submission but subject to a qualification that their acceptance of the tenderer's price is subject to the inclusion of a provision that the tenderer shall be responsible for all the works that are indispensably necessary for the completion of the contract undertaking. Your advice shall refer to the pertinent authority such as the Contracts Act 1950 and/or decided case law for explanation. c) Based on the above scenario, what will be your advice (with explanation) to the Employer if the lowest tenderer submit a letter to revoke its submitted bid prior to the issuance of the Letter of Award by the Employer, but within the tender validity period. d) What is the legal position of the advertisement for tenders based on the aforementioned scenario? [12 marks] [7 marks] [2 marks]