Tender (bid)

“ The tendering policies of most of the countries in the world also incorporates a second principle: that of "minimum size". The cost of running a tender is prohibitive in the cases of purchases in small amounts. ”

“ Ordinarily the term, money, is used to designate any medium accepted by a seller from a purchaser in the sale of property. It is the thing that passes current among business men in their dealings with each other. Bank notes, checks, gold and silver, nickel and copper coin, as well as United States certificates, are money. Money is sometimes used to designate legal tender. Legal tender is the medium of exchange which creditors are obliged by law to accept in payment of debts. ”

“ In the event of your contemplating an offer of eightpence, on no account make the tender, or show the money, until you are safely on the pavement. It is very bad policy attempting to save the fourpence. ”

“ As the power to coin money, and so to furnish a medium of exchange does not exclude an implied power to furnish another medium of exchange, a paper currency, “paper money,”—so neither in its expression nor its implication does it exclude the implied power to make this other medium of exchange a legal tender.
But it may be thought that I have gone too far in saying, as regards metallic money, that the terms money and legal tender are not convertible terms. It is not forgotten that distinguished persons have held the contrary opinion. ”

“ A legal tender law, therefore, where customary money is used, simply declares that the parties to a contract shall not vex each other by arbitrarily departing from the custom. The creditor shall not demand, and the debtor shall not offer, out of spite or malice, anything but the customary money of the nation. ”

“ A precedent for allowing the bill to be filed without first making a demand is found in those cases where a contract has been made for the sale of real estate in which there are mutual and concurrent conditions, and where, if either party desires to bring an action at law, he must aver in his declaration and prove on the trial a conditional tender on his part, or a waiver by defendant of such tender. ”

“ The fitness which would render a means appropriate to this transaction thus considered must have respect to the terms which are essential to the contract, or to the securities which the borrower may furnish as an inducement to the loan. The quality of legal tender does not touch the terms of the contract of borrowing, nor does it stand as a security for the loan. A security supposes some right or interest in the thing pledged, which is subject to the disposition of the borrower. ”

“ All money, whether metallic or paper, should be issued and its volume controlled by the government, and not by or through banking corporations, and, when so issued, should be a full legal tender for all debts, public and private. ”

“ No tender notice shall be published, nor any tender commenced, prior to a
certification by the senior financial officer, or his official designee, of the
CPA/ORD/14 May 2004/87
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governmental unit or agency offering the tender that there are funds available
sufficient to satisfy the government’s estimated cost of any resulting contract. ”

“ If all the articles produced, raised, and manufactured in this country are made legal tender, no person will sell anything he has to dispose of unless there is a special contract drawn up designating how and in what manner the seller is to receive his pay, this will cause much inconvenience to both parties. ”

“ The present majority of the court say that legal tender notes 'have become the universal measure of values,' and they hold that the legislation of Congress, substituting such measures for coin by making the notes a legal tender in payment, is warranted by the Constitution. ”

“ Costs. the defendant shall recover costs, and have such remedy for the same as any defendant can have in other cases where costs are given by Law.
Amends may be tendered after notice : effect of such tender. 152. It shall be lawful for any such officer or person against whom any action shall be brought on account of any such seizure or entry, or of any thing done under the authority of this Act, within one calendar month after such notice, to tender amends to the party complaining or his agent, and to plead such tender in bar to any action, together with other pleas ”

“ You burn your fingers for other people, while you might get the chestnuts out of the fire for yourself, if you knew how to do it. Send in a tender to undertake the contract at 130,000 gulden, and promise 30,000 commission. ”

“ In law, also, it is to be admitted that, generally, in the payment of debts and obligations, and on the side of penal law, as in a statute relating to the embezzlement of money, only what is a legal tender is money. [33] But it must also be remembered that the Constitution, in giving to Congress the power to coin money, is not, just then, concerned with the technicalities of law or political economy ”

“ The debts which have been contracted since February 25th, 1862, constitute, doubtless, by far the greatest portion of the existing indebtedness of the country. They have been contracted in view of the acts of Congress declaring treasury notes a legal tender, and in reliance upon that declaration. Men have bought and sold, borrowed and lent, and assumed every variety of obligations contemplating that payment might be made with such notes. Indeed, legal tender treasury notes have become the universal measure of values. ”

“ And it is one of these incidents that the evidences of the debt shall perform the offices of money between government and citizen, and between man and man.
Counsel on the other side has insisted that the value of treasury notes is not increased by the circumstance that they are legal tender. One might as well say that a commodity is not increased in value by the opening of a new market for it. The more uses there are for an article, the greater is its value. ”

“ Since then, except in these specific instances, when, before this legal tender law, has Congress claimed to exercise such a power? Has it ever been suggested that Congress can direct divorces-can authorize a man to discharge a contract for one hundred bushels of wheat by delivering fifty, or fulfil a contract to convey one thousand acres of land by conveying nine hundred? We all know it cannot. ”

“ Suppose A. to be the former tenant, and that the bidders for the land do not offer quite so much as one hundred pounds rent for it, and that he is under agreement to have twenty per cent. remitted; if he then thinks the land worth eighty pounds, he may bid one hundred pounds, and will be the successful competitor. But should A. not think it worth while to pay so much as eighty pounds, while B. is willing to pay one hundred pounds, then B. obtains it. Any bidder, to whom the land is knocked down, forfeits a certain deposit in the event of his not completing the bargain. ”

“ I’ll try to sleep. (Lies upon lounge. Loopstitch leans over and runs a needle into his arm.) O, murder! What’s that? Confound this infernal place! (Loopstitch sticks another needle.) O, my arm, my arm! (Jumps up.) I can’t stand this! Here! Help, help, help, help!
Enter Oakum, R. Creeps in very mysteriously; takes Ebenezer by the wrist, and leads him down to the front of the stage.
Oak. Silence! Sh—!
Eben. O, take me out of this! I’m a poor old man.
Oak. Silence! Sh—! Listen to me. You received a note from somebody—
Eben. Yes, I did. Confound somebody!
Oak. Silence! Sh—! “Tender attachment!” ”

“ No tender will be received unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $75 as a pledge of the bona fides of his tender, which sum shall be forfeited to the Crown if such person refuses to enter into the usual bond, should the tender be accepted.
For form of tender apply at this Office.
The Government does not bind itself to accept the highest or any tender.
By Command,
G. T. M. O'Brien,
Colonial Secretary.
Colonial Secretary's Office, Hongkong, 9th November, 1893. ”

“ On this head, as on that of dispensing with conditions regarding the construction, size, and steam-power of the ships to be [240] employed, and other matters, the course thenceforth generally taken by the Post Office, on my brother’s advice, was so to frame the forms of tender as to ascertain the exact amount of expense involved in the several requirements. This specification naturally led to the abandonment of any whose cost exceeded their value, and thus, in effect, produced a large economy. ”

“ An entity may not penalize a supplier whose tender is received in the office designated in the tender documentation after the time specified for receiving tenders if the delay is due solely to mishandling on the part of the entity. An entity may also consider, in exceptional circumstances, tenders received after the time specified for receiving tenders if the entity's procedures so provide. ”

“ That question is, whether the fact clearly established that their demand would have been unavailing, dispensed with the necessity of making the affidavit and demand. It is a general rule that when the tender of performance of an act is necessary to the establishment of any right against another party, this tender or offer to perform is waived or becomes unnecessary, when it is reasonably certain that the offer will be refused,-that payment or performance will not be accepted. ”

“ In conducting a procurement activity leading to the award of a large value works concession contract, a contracting authority may specify in the relevant works concession notice and tender dossier that tenderers are required to specify in their tenders the percentage, if any, of the total value of the concerned works or work that the tenderer intends to assign or subcontract to other economic operators. ”

“ But this provision of legal tender has no relation, no fitness, no adaptation to the exercise of any one or more of the express powers conferred by the Constitution; none whatever. It is as much auxiliary to one as to the other; nay, as much auxiliary to every conceivable power of government granted or forbidden, requiring revenue, as to either or to all the delegated powers. Its aid is derived from the fact, and the single fact, that thereby government was made stronger. ”

“ Did they, or any of them, send in a tender to the Board of Admiralty to do this service for £60,000?—No; they stated their belief that it was of no use to send in a tender, as it would not be attended to; that the contract would be sure to be given to the Peninsular and Oriental Company, whatever they chose to ask.
2165. Did you tell Mr. Green, and all the other parties who signed the petition, that Mr. Sidney Herbert had told you that it was open to you to send in a tender?—My impression is that it was known to them, but Mr. Green said, “No, let them alone; they are too strong for us.” ”

“ Where the subject of a claim is to be delivered in one kind of currency, and the currency has ceased to be legal tender at the time the claim becomes due, the obligor is bound to effect payment in another currency of legal tender. ”

“ Constructive delivery consists of notice, tender, readiness, and present ability to deliver according to the contract, all such conditions being reasonable as to time and place, and so constituting duty to receive. ”

“ Ministers, alarmed lest his example should be followed generally, hastily introduced a measure making notes of the Banks of England and Ireland payable on demand legal tender in payment of rent out of court, and prohibiting the acceptance or payment of more than 21s. ”

“ The contrivances which are resorted to to get hold of one another’s prices beforehand by competing contractors are manifold; and, when they attend in person, they commonly put off the filling up of their tender till the last moment. ”

“ The Act paffed on the 29th of January, 1777, (2State Laws 7.) declares that a tender fhall amount to an actual payment and difcharge; which is far more extenfive than a tender at common law; that operating only to fufpend the intereft ‘till a fubfequent demand and refufal have taken place. If, therefore, the tender, on this occafion, was made in Continental money emitted by Congrefs
1789. ”

“ Provision when the lowest tender is not taken and also in all cases where it seems to the Minister not to be expedient to let such work to the lowest bidder, it shall he his duty to report the same and obtain the authority of the Governor previous to passing by such lowest tender ; but no sum of money shall be paid to the contractor on any contract, nor shall any work be commenced until the contract has been signed by all the parties therein named, nor until the requisite security shall have been given.
POWER TO TAKE LANDS, &C.
Power to make surveys, &c 22. ”

“ A domestic tender is open only to domestic bidders. Yet other countries limit participation in the tenders on various backgrounds: the size of the competing company, its track record, its ownership structure, its human rights or environmental record and so on. ”

“ The plaintiff promptly tendered a deposit of half the amount demanded, but the tender was rejected. As the granted lands could not, at most, be more than half the acreage in the townships, and the amount demanded was what was required to survey the entire acreage, the tender was adequate. ”

“ Negotiations shall be used primarily to identify the strengths and weaknesses in the tenders.
3. An entity shall treat all tenders in confidence. In particular, an entity may not provide to any person information intended to assist any supplier to bring its tender up to the level of any other tender.
4. An entity may not, in the course of negotiations, discriminate between different suppliers. In particular, an entity shall:
(a) carry out any elimination of suppliers in accordance with
the criteria set forth in the notices and tender
documentation ”