On the original tender it was for a 4 year contract with a price review after the first 2 years. Now the contract period has been changed to a 2+2 year contact, the difference being that after the 2 years the contract would be reviewed and a decision made whether to (i) end the contract or (ii) to extend it by a further 2 years. They have requested that a short extension apply to 17th October 2013 to the existing contract which we currently hold to allow for the above to be agreed.
Legally can they change the original terms of contract?
As the awarded bidder declined to take up the contract and it is being offered to ourselves but under the changed terms as discussed above, if we were to challenge the new required 2+2 term, I feel that they would simply re-issue a new tender process as you say of which would be 2+2 anyway and this would probably take 9-12 months for the council to initiate. we being the existing contractor would be asked to extend our current contract and have to re-submit all over again. i feel that it may be easier and quicker for all concerned to simply accept the changes and move on ?. what would you advise.