Scenario: Glenferrie Builders Pty Ltd is building an office block and want to subcontract out the electrical work. They anticipate that the tendering process should take about 3 months and is likely to cost the tendering parties about $200,000.
On 1st January they issue a 'Call for Tenders' which includes the 'Conditions of Tendering' that relevantly states: The tender submission date is 20th March and the winner will be announced on the 31st March. Late submitted tenders will not be considered and tenders cannot be withdrawn once submitted.
Five (5) Companies submit tenders.
Late Charges Pty Ltd - submit their tender on the 21st March. On the 10th March they had spoken to Bob Builder (Director of Glenferrie Builders) and had told him that they were not going to be able to submit on time but that their bid would be very competitive. Bob had said to them, don't worry, I'll allow a late tender.
Keeping Current Pty Ltd - submit their tender on the 20th. However, on the 25th their secretary tells them that Late Charges' secretary told her that Late Charges were allowed to put in a late tender which they believe is very strong. Keeping Current are furious and on the 30th they write to Glenferrie Builders and withdraw their tender. Bright Spark Pty Ltd - submit their tender on the 20th. No Shock Here Pty Ltd and Short Circuit Pty Ltd also submit their tenders on the 20th.
On the 31st March Glenferrie Builders' Secretary, Ivana Goss, has had enough of working for Glenferrie. She decides to quit and before she does she sends and email to all of the tenderers revealing that Glenferrie Builders had not really assessed the tenders at all as they had already decided that they would give the job to No Shock.
On finding out about the email, Bob contacts all of the tenderers stating that they regret their decision, it was not official and they were not awarding the job to No Shock. They had also not accepted Late Charges tender because it was late and they were actually awarding the job to Keeping Current.
Late Charges insists that the job should be theirs because they were told that a late submission would be ok. Keeping Current does not want the job because they had already withdrawn even though Glenferrie says there is now a contract. Bright Spark and Short Circuit are understandably upset but Glenferrie says that they did not have winning tenders anyway. No Shock insists that the job had been awarded to them and so Glenferrie are breaching the established contract.
QUESTION: Using the 4 step process, advise on the contractual status of each tender. What has to be included for this question according to the Australian Law? I need help to find out all the crucial points required.