A bid in a tender that includes reservations seriously undermines the principle of equality and should be cancelled

A tender bidder accompanies the bid with a letter of reservations with the proposal that significantly changes the terms of the tender but nevertheless won the tender.

The Court cancelled the winning and held that the principle of equality was given priority status in the tender laws and is sometimes referred to as the "soul of the tender".  A bid in a tender that includes reservations is to be cancelled because it undermines the principle of equality both vis-à-vis the other tender bidder and vis-à-vis other who would have submitted a bid had they known that one may make reservations.