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    Question

    Tender

    is 
    A an offer Correct Answer Incorrect Answer
    B an invitation to offer Correct Answer Incorrect Answer
    C a counter offer Correct Answer Incorrect Answer
    D a promise. Correct Answer Incorrect Answer
    E None of the above Correct Answer Incorrect Answer

    Solution

    A tender  is treated as an offer , not an invitation to offer, because: Under Section 2(a)  of the Indian Contract Act, 1872, an “offer”  (or “proposal”) is when one party signifies to another its willingness to do or abstain from doing something, with the object of obtaining the other’s assent[Section 2(a)].

    • In procurement law, the “invitation to tender”  is merely a call for bids—it does not itself create binding obligations.
    • Each bidder’s tender  in response to that invitation is a definite offer  specifying price and terms that the procurer can accept to form a contract.
    Thus, by law, a tender  is an offer  under Section 2(a), whereas an invitation to tender  remains an invitation to offer , lacking the certainty and intent required of an offer.

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