# How Does the Duty of Fairness Differ between a Public Sector Tender and a Private Sector Rfp? ▴ Question

**Published:** 2025-08-09
**Categories:** Question

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## Concept

The [duty of fairness](https://prime.greeks.live/area/duty-of-fairness/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) in procurement is a foundational principle, yet its application diverges significantly between public sector tenders and [private sector](https://prime.greeks.live/question/how-does-the-roi-of-an-rfp-process-differ-between-public-sector-and-private-sector-organizations/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) Requests for Proposals (RFPs). In the public sphere, this duty is a rigid, legally defined obligation rooted in public accountability and the transparent use of taxpayer funds. It is not merely a matter of good business practice; it is a cornerstone of administrative law and a mechanism to prevent corruption and favoritism. The legal framework, particularly in jurisdictions like Canada, has evolved to create a specific preliminary contract, known as ‘Contract A’, that comes into existence the moment a compliant bid is submitted in response to a tender call.

This initial contract binds the public entity to a set of explicit and implied terms, the most critical of which is the duty to treat all compliant bidders fairly and equally. This obligation is not discretionary. It dictates that the [evaluation criteria](https://prime.greeks.live/question/how-can-an-organization-determine-the-appropriate-weighting-for-evaluation-criteria-in-an-rfp/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) must be disclosed in advance and applied consistently to all bidders, and that extraneous considerations, such as undisclosed preferences for local suppliers, are prohibited.

In stark contrast, the private sector operates with a much greater degree of contractual freedom. While ethical best practices are encouraged, a formal, legally mandated duty of fairness akin to that in the [public sector](https://prime.greeks.live/question/how-does-the-roi-of-an-rfp-process-differ-between-public-sector-and-private-sector-organizations/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) is not automatically imposed on a private company issuing an RFP. The relationship is governed primarily by general principles of contract law, and the primary objective is to secure a competitive advantage and maximize profit for the company and its shareholders. Private entities are not typically required to disclose their evaluation criteria, publish the results, or provide feedback to unsuccessful proponents.

This confidentiality allows them to negotiate freely and select a vendor based on a wide range of factors, including pre-existing relationships or subjective assessments of innovation, without the same level of scrutiny or legal risk. The concept of ‘[Contract A](https://prime.greeks.live/area/contract-a/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite)’ does not automatically arise in a [private RFP](https://prime.greeks.live/area/private-rfp/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) unless the documents are structured with such specific and binding language that a court would interpret them as creating such a preliminary contract. Consequently, the “duty of fairness” in a private context is more of a self-imposed standard of good faith dealing rather than a legally enforceable obligation with prescribed remedies for its breach.

> The core distinction lies in the source and enforceability of the obligation ▴ public sector fairness is a legal mandate tied to public trust, while private sector fairness is a flexible, business-driven choice.

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## The Genesis of Public Sector Fairness

The legal architecture supporting the duty of fairness in public tenders is largely a judicial construct, designed to protect the integrity of the competitive bidding process. The landmark Canadian case, R. v. [Ron Engineering](https://prime.greeks.live/area/ron-engineering/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite), established the ‘Contract A’/’Contract B’ framework. ‘Contract A’ is the contract governing the bidding process itself, and ‘Contract B’ is the ultimate construction or service contract awarded to the successful bidder.

This innovation was a response to the need to ensure that bidders would not withdraw their bids without penalty and, conversely, that owners would treat all bidders equitably. The creation of Contract A provided the legal foundation for implying a term of fairness and equality. This duty compels the public body to reject non-compliant bids and evaluate all compliant bids strictly according to the rules laid out in the [tender documents](https://prime.greeks.live/question/what-are-the-primary-legal-documents-required-for-bilateral-otc-trading/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite). Any deviation from this process can result in a lawsuit from a disadvantaged bidder, who can claim damages for lost profits.

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## Private Sector Discretion

The private sector’s latitude stems from its different set of priorities. The goal is not public accountability, but commercial efficacy. A private company can structure its RFP process to be as rigid or as flexible as it deems necessary to achieve the best business outcome. For instance, an RFP might explicitly state that the company reserves the right to negotiate with any and all proponents, to change the requirements mid-process, or to cancel the RFP at any time for any reason.

Such clauses, which would be highly scrutinized and potentially invalidated in a [public tender](https://prime.greeks.live/question/what-are-the-primary-legal-differences-between-a-tender-process-and-an-rfp-process-in-public-sector-procurement/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite), are generally enforceable in a private context. This flexibility allows private firms to be more agile, to entertain innovative or non-conforming proposals that might offer unexpected value, and to leverage the competitive tension to negotiate better terms. The risk for bidders is higher, as there is less transparency and fewer grounds for legal recourse if they feel they have been treated unfairly. Their protection lies not in administrative law, but in their own due diligence and the reputation of the company issuing the RFP.

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## Strategy

Strategically navigating the procurement landscape requires a deep understanding of the divergent frameworks governing public and private solicitations. For a supplier, the approach to a public tender versus a private RFP must be fundamentally different, dictated by the legal rights and obligations inherent in each process. In the public sector, the strategy is one of meticulous compliance and procedural precision. For the private sector, the strategy is one of persuasive negotiation and relationship building.

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## Public Tender Strategy a Focus on Compliance

In a public tender, the path to success is paved with strict adherence to the stated rules. Since the public body is legally bound to a fair and equal process, the primary strategic objective for a bidder is to submit a perfectly compliant bid. Any deviation, no matter how minor it may seem, can be grounds for disqualification. This places a premium on careful documentation and a thorough understanding of every requirement in the tender package.

- **Impeccable Compliance** ▴ The bid must conform to all mandatory requirements, from technical specifications to the proper completion of forms. There is no room for creative interpretation or non-conforming alternatives unless the tender documents explicitly permit them.

- **Price as a Primary Driver** ▴ While other criteria are often included, price is almost always a heavily weighted factor in public tenders. The strategy often revolves around achieving the lowest possible price while still meeting all specifications.

- **Absence of Negotiation** ▴ Bidders should operate under the assumption that there will be no opportunity to clarify, amend, or negotiate their bid after submission. The bid is a final offer, and its evaluation will be based solely on the documents submitted.

- **Leveraging Fairness for Protection** ▴ A bidder’s strategic protection lies in the public body’s duty of fairness. If a bidder suspects that a competitor has been awarded the contract based on a non-compliant bid, or that the evaluation criteria were not applied as stated, they have legal grounds to challenge the decision.

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## Private RFP Strategy a Focus on Persuasion and Value

Responding to a private RFP requires a more dynamic and relationship-oriented strategy. The absence of a rigid legal framework means that the issuing company has significant discretion, and the winning proposal is often the one that best persuades the decision-makers of its superior value, which may not be solely based on the lowest price.

The core of a private sector strategy is to understand and align with the company’s business objectives. This involves research into the company’s market position, its challenges, and its corporate culture. The proposal should be framed as a solution to a business problem, not just a response to a set of specifications. Highlighting innovation, flexibility, and long-term partnership potential can be more influential than simply meeting the minimum requirements.

Since private companies can and often do negotiate, the submitted proposal can be viewed as the start of a conversation. A bidder might strategically include options or tiered pricing to create openings for further discussion. Building a relationship with the procurement team, if possible, can also be a significant advantage, as trust and rapport can play a role in the final decision.

> In a public tender, the rules are your battlefield; in a private RFP, the value proposition is your weapon.

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## Comparative Procedural Obligations

The following table illustrates the key procedural differences that inform the strategic approach for bidders in each sector.

| Procedural Element | Public Sector Tender | Private Sector RFP |
| --- | --- | --- |
| Governing Framework | Administrative Law, ‘Contract A’ Principles, Specific Statutes | General Contract Law, Law of Torts |
| Duty of Fairness | Legally implied and enforceable; must treat all bidders equally | No automatic legal duty; based on good faith and reputation |
| Transparency | High; evaluation criteria and winning bid details often public | Low; process is typically confidential |
| Bid Compliance | Strict compliance is mandatory; non-compliant bids must be rejected | Flexible; company can waive non-compliance or accept innovative proposals |
| Negotiation | Highly restricted or prohibited post-submission | Common and often expected |
| Basis of Award | Predetermined and disclosed evaluation criteria | Broad business considerations, including relationships and subjective factors |
| Legal Recourse | Action for breach of ‘Contract A’, judicial review | Limited; typically requires evidence of bad faith or misrepresentation |

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## Execution

The execution phase of responding to tenders and RFPs translates strategic understanding into concrete action. The operational differences are stark, demanding distinct workflows, risk management protocols, and legal considerations. For a business to succeed in both arenas, it must cultivate a dual capability, shifting its processes and mindset depending on the nature of the solicitation.

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## Executing a Public Tender Submission a Checklist for Precision

The execution of a public tender response is an exercise in meticulous project management and risk aversion. The primary goal is to eliminate any possibility of being deemed non-compliant. This requires a formal, checklist-driven approach.

- 
**Deconstruct the Tender Documents** ▴ Immediately upon receipt, the entire tender package must be broken down into a [compliance matrix](https://prime.greeks.live/area/compliance-matrix/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite). Every single requirement, from mandatory form fields to technical specifications and submission deadlines, should be logged and assigned to a responsible team member.

- 
**Establish a “Clean Room” for Pricing** ▴ The pricing component must be developed in isolation from any qualitative parts of the bid to ensure its integrity. All calculations must be double-checked, and the final figures must be entered precisely as required by the bid form. Any ambiguity in the price, such as a discrepancy between the figures and the written words, can be fatal.

- 
**Mandatory Pre-Bid Meetings** ▴ Attendance at any mandatory pre-bid meetings is critical. All questions and answers from these sessions should be formally documented, as they often form an official addendum to the tender documents.

- 
**Formal Clarification Protocol** ▴ Any questions about the tender documents must be submitted in writing through the official channel specified. Informal communications with public officials are to be avoided, as they can be perceived as an attempt to gain an unfair advantage.

- 
**Final Compliance Review** ▴ Before submission, a senior team member who was not involved in the bid preparation should conduct a final, independent review against the compliance matrix. This “red team” review is the last line of defense against errors of omission.

- 
**Documented Submission** ▴ The bid must be submitted exactly as specified, whether electronically through a portal or as a physical, sealed package. Proof of timely submission is essential.

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## Executing a Private RFP Response a Framework for Influence

Executing a response to a private RFP is less about rigid compliance and more about strategic communication and value demonstration. The process is more akin to a complex sale than a formal bid.

- **Discovery and Intelligence Gathering** ▴ The first step is to gather as much information as possible about the issuing company’s needs, challenges, and decision-makers. This goes beyond the RFP document itself and may involve reviewing industry reports, financial statements, and leveraging any existing relationships.

- **Value Proposition Workshop** ▴ The bid team should hold a workshop to craft a unique value proposition. This is the core narrative of the proposal, explaining not just what will be delivered, but why it is the best solution for this specific client.

- **Crafting the Narrative** ▴ The proposal document should be written as a persuasive narrative, not a technical checklist. An executive summary that speaks directly to the client’s business objectives is crucial.

- **Strategic Non-Compliance** ▴ In some cases, it may be strategic to propose a solution that does not perfectly align with the RFP’s stated requirements, if it offers significant advantages in terms of cost, efficiency, or innovation. This must be done carefully, with a clear explanation of the benefits of the alternative approach.

- **Opening the Door to Negotiation** ▴ The proposal can be structured to invite further discussion. This might involve offering multiple service tiers, optional add-ons, or flexible pricing models. The goal is to get a seat at the negotiating table.

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## Risk and Remedy Analysis

The potential risks and available remedies differ dramatically between the two processes, a factor that must be weighed in the execution of any bid.

| Scenario | Public Sector Tender | Private Sector RFP |
| --- | --- | --- |
| Award to a Non-Compliant Bidder | High risk for the public body. A compliant but unsuccessful bidder can sue for breach of Contract A and claim lost profits. | Low legal risk for the company. An unsuccessful proponent has very limited grounds for a legal challenge, unless they can prove bad faith. |
| Undisclosed Evaluation Criteria Used | Clear breach of the duty of fairness. Grounds for a successful legal challenge. | Generally permissible. The company is not obligated to disclose its internal decision-making process. |
| Cancellation of the Process | Permissible if a privilege clause allows it, but may still attract scrutiny if done in bad faith (e.g. to “bid shop”). | Generally permissible at the company’s discretion, with little recourse for bidders. |
| Post-Submission Negotiation | Strictly prohibited. Constitutes “bid-rigging” and is a breach of fairness to other bidders. | Common practice. Companies often negotiate with a short-list of proponents to refine proposals and pricing. |

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## References

- Ackerley, Glenn W. “Reflections on the Evolution of Fairness in Public Procurement.” Journal of the Canadian College of Construction Lawyers, 2010.

- Preston, Bill. “Do RFP’s Trigger a Duty of Fairness?” Bill Preston article, 2006.

- The Bid Lab. “Public RFPs vs. Private RFPs ▴ What’s the Difference?” The Bid Lab, 2025.

- Tracker Intelligence. “Public vs. private sector procurement ▴ key differences.” Tracker Intelligence, 2023.

- Bidhive. “What’s the difference between public and private sector bids?” Bidhive, 2020.

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## Reflection

Understanding the dichotomy between public tenders and private RFPs is more than an academic exercise in legal theory; it is a critical component of a sophisticated procurement and business development framework. The principles of fairness, compliance, and contractual freedom are not abstract concepts but are the very gears that drive these complex processes. For organizations on either side of the transaction ▴ as buyers or as suppliers ▴ mastering this duality is essential. It requires a shift in perspective from viewing procurement as a simple transaction to seeing it as a system with distinct rules, risks, and opportunities.

The knowledge of when to apply rigid procedural discipline versus when to engage in flexible, value-based persuasion is a significant strategic advantage. As you evaluate your own organization’s operational framework, consider its agility. Does it possess the structural capacity to navigate both the unyielding channels of public tendering and the open waters of private negotiation? The answer to that question may well define your success in a competitive marketplace where the rules of engagement are constantly changing.

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## Glossary

<a href="https://prime.greeks.live/area/duty-of-fairness/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Duty of Fairness

Meaning ▴ The Duty of Fairness represents a foundational systemic obligation within a digital asset trading venue or protocol, ensuring equitable treatment of all eligible participants. </a><a href="https://prime.greeks.live/question/how-does-the-roi-of-an-rfp-process-differ-between-public-sector-and-private-sector-organizations/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![A precise metallic central hub with sharp, grey angular blades signifies high-fidelity execution and smart order routing. Intersecting transparent teal planes represent layered liquidity pools and multi-leg spread structures, illustrating complex market microstructure for efficient price discovery within institutional digital asset derivatives RFQ protocols](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-engine-for-high-fidelity-execution-across-market-microstructure-dynamics.jpg)

## Private Sector

The ROI of an RFP differs by sector ▴ private entities prioritize direct financial gain, while public bodies balance cost with public trust and legal compliance. </a><a href="https://prime.greeks.live/question/how-can-an-organization-determine-the-appropriate-weighting-for-evaluation-criteria-in-an-rfp/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Evaluation Criteria

An RFP's evaluation criteria weighting is the strategic calibration of a decision-making architecture to deliver an optimal, defensible outcome. </a><a href="https://prime.greeks.live/question/how-does-the-roi-of-an-rfp-process-differ-between-public-sector-and-private-sector-organizations/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Public Sector

The ROI of an RFP differs by sector ▴ private entities prioritize direct financial gain, while public bodies balance cost with public trust and legal compliance. </a><a href="https://prime.greeks.live/area/private-rfp/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![Abstractly depicting an institutional digital asset derivatives trading system. Intersecting beams symbolize cross-asset strategies and high-fidelity execution pathways, integrating a central, translucent disc representing deep liquidity aggregation](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-ecosystem-unifying-rfq-protocols-for-high-fidelity-execution-and-deep-liquidity-aggregation-across-multi-leg-spreads.jpg)

## Private Rfp

Meaning ▴ A Private Request for Quote (RFP) defines a controlled, bilateral communication channel where an institutional Principal solicits bespoke pricing from a select group of pre-approved liquidity providers for a specific digital asset derivative instrument. </a><a href="https://prime.greeks.live/area/contract-a/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![A transparent geometric structure symbolizes institutional digital asset derivatives market microstructure. Its converging facets represent diverse liquidity pools and precise price discovery via an RFQ protocol, enabling high-fidelity execution and atomic settlement through a Prime RFQ](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-protocol-for-optimized-liquidity-aggregation-and-high-fidelity-execution.jpg)

## Contract A

Meaning ▴ Contract A defines a standardized, digitally-native forward agreement for a specific digital asset. </a><a href="https://prime.greeks.live/area/ron-engineering/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Ron Engineering

Meaning ▴ Ron Engineering designates a proprietary algorithmic framework for dynamic optimization of execution and risk parameters within institutional digital asset derivatives. </a><a href="https://prime.greeks.live/question/what-are-the-primary-legal-documents-required-for-bilateral-otc-trading/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Tender Documents

The primary legal documents for bilateral OTC trading form a modular system, led by the ISDA Master Agreement, for architecting risk and capital efficiency. </a><a href="https://prime.greeks.live/question/what-are-the-primary-legal-differences-between-a-tender-process-and-an-rfp-process-in-public-sector-procurement/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Public Tender

A tender creates a binding process contract upon bid submission; an RFP initiates a flexible, non-binding negotiation. </a><a href="https://prime.greeks.live/area/compliance-matrix/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![A central, intricate blue mechanism, evocative of an Execution Management System EMS or Prime RFQ, embodies algorithmic trading. Transparent rings signify dynamic liquidity pools and price discovery for institutional digital asset derivatives](https://options.greeks.live/wp-content/uploads/2025/07/precision-engineered-institutional-digital-asset-derivatives-framework-driving-high-fidelity-rfq-execution-and-optimized-market-microstructure-for-capital-efficiency.jpg)

## Compliance Matrix

Meaning ▴ The Compliance Matrix is a structured, formal mapping artifact detailing an organization's operational capabilities against regulatory obligations. </a>

**Tags:** [Bid Shopping](https://options.greeks.live/area/bid-shopping/), [RFP Negotiation](https://options.greeks.live/area/rfp-negotiation/), [Compliance Matrix](https://options.greeks.live/area/compliance-matrix/), [Private Sector RFP](https://options.greeks.live/area/private-sector-rfp/), [Transparency in Bidding](https://options.greeks.live/area/transparency-in-bidding/), [Public Sector Tender](https://options.greeks.live/area/public-sector-tender/)	

## Discover More

- 
### [How Can an Rfp Issuer Protect Itself from Allegations of Bad Faith during the Bidding Process?](https://options.greeks.live/question/how-can-an-rfp-issuer-protect-itself-from-allegations-of-bad-faith-during-the-bidding-process/)
![A polished Prime RFQ surface frames a glowing blue sphere, symbolizing a deep liquidity pool. Its precision fins suggest algorithmic price discovery and high-fidelity execution within an RFQ protocol. This system optimizes institutional digital asset derivatives trading, ensuring capital efficiency and minimizing slippage.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-protocol-intelligence.jpg)

An RFP issuer protects itself from bad faith allegations by architecting a transparent, rigid, and meticulously documented procurement system.

- 
### [How Does the Standard for Cancelling an RFP Change after Bids Have Been Opened?](https://options.greeks.live/question/how-does-the-standard-for-cancelling-an-rfp-change-after-bids-have-been-opened/)
![Interlocked, precision-engineered spheres reveal complex internal gears, illustrating the intricate market microstructure and algorithmic trading of an institutional grade Crypto Derivatives OS. This visualizes high-fidelity execution for digital asset derivatives, embodying RFQ protocols and capital efficiency.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-prime-os-rfq-execution-system.jpg)

The standard for canceling an RFP after bid opening shifts from administrative discretion to a requirement for a compelling, legally defensible reason.

- 
### [What Is the Role of a Privilege Clause in a Contract a RFP?](https://options.greeks.live/question/what-is-the-role-of-a-privilege-clause-in-a-contract-a-rfp/)
![Intersecting muted geometric planes, with a central glossy blue sphere. This abstract visualizes market microstructure for institutional digital asset derivatives. The sphere embodies a block trade or private quotation via RFQ protocols, ensuring high-fidelity execution and atomic settlement on a Prime RFQ.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-execution-microstructure-5.jpg)

A privilege clause grants a contract issuer the discretionary right to select a bid based on overall value, not just the lowest price.

- 
### [What Are the Primary Legal Risks of Failing to Enforce a Mandated Communication Channel in an RFP?](https://options.greeks.live/question/what-are-the-primary-legal-risks-of-failing-to-enforce-a-mandated-communication-channel-in-an-rfp/)
![A central mechanism of an Institutional Grade Crypto Derivatives OS with dynamically rotating arms. These translucent blue panels symbolize High-Fidelity Execution via an RFQ Protocol, facilitating Price Discovery and Liquidity Aggregation for Digital Asset Derivatives within complex Market Microstructure.](https://options.greeks.live/wp-content/uploads/2025/07/prime-os-rfq-engine-for-digital-asset-derivatives-best-execution.jpg)

Failure to enforce an RFP's mandated communication channel breaches the implied contract of a fair process, creating significant legal and financial exposure.

- 
### [How Does the “Contract A” Doctrine in Canada Alter RFP Risk Management?](https://options.greeks.live/question/how-does-the-contract-a-doctrine-in-canada-alter-rfp-risk-management/)
![Abstract forms depict institutional digital asset derivatives RFQ. Spheres symbolize block trades, centrally engaged by a metallic disc representing the Prime RFQ. This facilitates high-fidelity execution and atomic settlement, optimizing market microstructure for aggregated inquiry and capital efficiency.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-system-prime-os.jpg)

The "Contract A" doctrine imposes a binding preliminary contract on Canadian RFP processes, demanding rigorous procedural fairness to mitigate significant litigation risk.

- 
### [How Does the “Contract A/Contract B” Theory Apply to Lawsuits Involving RFP Amendments?](https://options.greeks.live/question/how-does-the-contract-a-contract-b-theory-apply-to-lawsuits-involving-rfp-amendments/)
![Smooth, layered surfaces represent a Prime RFQ Protocol architecture for Institutional Digital Asset Derivatives. They symbolize integrated Liquidity Pool aggregation and optimized Market Microstructure. Two spheres illustrate Atomic Settlement of a Multi-Leg Spread, reflecting High-Fidelity Execution.](https://options.greeks.live/wp-content/uploads/2025/07/market-microstructure-rfq-protocols-for-digital-asset-derivatives.jpg)

The "Contract A/Contract B" theory frames an RFP as a two-stage legal process, where amendments must be managed with precision to maintain fairness and avoid litigation.

- 
### [How Does the Duty of Fairness Impact the Process of Amending an Rfp after Issuance?](https://options.greeks.live/question/how-does-the-duty-of-fairness-impact-the-process-of-amending-an-rfp-after-issuance/)
![A precision-engineered system with a central gnomon-like structure and suspended sphere. This signifies high-fidelity execution for digital asset derivatives. Intricate disc patterns denote volatility surface and algorithmic trading. Teal elements represent liquidity pools and Prime RFQ facilitating atomic settlement via RFQ protocol.](https://options.greeks.live/wp-content/uploads/2025/07/precision-engine-for-institutional-digital-asset-derivatives-rfq.jpg)

The duty of fairness dictates that RFP amendments are executed with absolute transparency to maintain competitive integrity and legal defensibility.

- 
### [What Is the Difference between the Implied ‘Contract A’ and the Final ‘Contract B’ in an Rfp Process?](https://options.greeks.live/question/what-is-the-difference-between-the-implied-contract-a-and-the-final-contract-b-in-an-rfp-process/)
![A sleek, dark sphere, symbolizing the Intelligence Layer of a Prime RFQ, rests on a sophisticated institutional grade platform. Its surface displays volatility surface data, hinting at quantitative analysis for digital asset derivatives. Precision mechanisms suggest RFQ protocol engagement enabling high-fidelity execution.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-platform-intelligence-layer-optimizing-high-fidelity-execution.jpg)

'Contract A' is the binding process contract governing the tender, while 'Contract B' is the final performance contract for the work itself.

- 
### [What Are the Potential Consequences for an Issuer Who Is Found to Have Breached the Duty of Fairness in an Rfp?](https://options.greeks.live/question/what-are-the-potential-consequences-for-an-issuer-who-is-found-to-have-breached-the-duty-of-fairness-in-an-rfp/)
![A sophisticated internal mechanism of a split sphere reveals the core of an institutional-grade RFQ protocol. Polished surfaces reflect intricate components, symbolizing high-fidelity execution and price discovery within digital asset derivatives. This architecture supports multi-leg spreads and atomic settlement for block trades on a Prime RFQ.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-protocol-system.jpg)

A breach of fairness in an RFP exposes the issuer to legal action, reputational damage, and significant financial liabilities.

---

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---

**Original URL:** https://options.greeks.live/question/how-does-the-duty-of-fairness-differ-between-a-public-sector-tender-and-a-private-sector-rfp/
