Whereas the law provides for specific considerations in the tendering process, the performance of contracts arising therefrom may have limited the reliance placed on ‘pacta sunt servanda’ in certain circumstances. In view of the statement, a) Explain the legal considerations to be observed by buyers in the tendering process.

a) Legal considerations to be observed by buyers in the tendering process:

1. Compliance with Procurement Laws: Buyers must ensure that the tendering process complies with the relevant procurement laws and regulations in their jurisdiction. This includes ensuring that the process is competitive, transparent, and non-discriminatory.

2. Preparation of Tender Documents: The tender documents should be prepared in a clear and precise manner. They should include all the necessary information about the contract, including the scope of work, terms and conditions, evaluation criteria, and the process for submitting bids.

3. Confidentiality: Buyers must maintain the confidentiality of the information provided by the bidders. They should not disclose any sensitive information to third parties without the consent of the bidders.

4. Fair Evaluation of Bids: Buyers should evaluate the bids in a fair and impartial manner. They should use the evaluation criteria specified in the tender documents and should not show any favoritism towards any bidder.

5. Contract Award: The contract should be awarded to the bidder who has submitted the most economically advantageous bid, based on the evaluation criteria. The decision to award the contract should be documented and communicated to all the bidders.

6. Contract Management: After the contract is awarded, the buyer should manage the contract effectively to ensure that the contractor delivers the goods or services as per the terms and conditions of the contract.

7. Dispute Resolution: The tender documents should include a clause on dispute resolution, specifying the process to be followed in case of any disputes between the buyer and the contractor.

8. Adherence to 'Pacta Sunt Servanda': This is a Latin phrase which means "agreements must be kept". Buyers should ensure that they fulfill their obligations under the contract, as per the principle of 'pacta sunt servanda'. However, as the statement suggests, there may be certain circumstances where the performance of the contract may limit the reliance on this principle.

a) Legal considerations to be observed by buyers in the tendering process:

1. Compliance with Procurement Laws: Buyers must ensure that they comply with all relevant procurement laws and regulations in their jurisdiction. This includes following the correct procedures for advertising the tender, evaluating bids, and awarding the contract.

2. Fairness and Transparency: The tendering process must be conducted in a fair and transparent manner. This means that all potential suppliers should be given an equal opportunity to bid for the contract, and the criteria for evaluating bids should be clearly stated in the tender documents.

3. Confidentiality: Buyers must respect the confidentiality of the information provided by bidders in their tender documents. This information should only be used for the purpose of evaluating the bids.

4. Contract Terms: The terms of the contract arising from the tender should be clearly defined and agreed upon by both parties. This includes the scope of work, the price, the delivery schedule, and the terms of payment.

5. Dispute Resolution: The contract should include a clause specifying the mechanism for resolving any disputes that may arise during the performance of the contract. This could be through negotiation, mediation, arbitration, or litigation.

6. 'Pacta Sunt Servanda': This is a Latin phrase that means "agreements must be kept". It is a fundamental principle of contract law that requires the parties to a contract to fulfill their obligations as agreed. However, in certain circumstances, such as when the performance of the contract becomes impossible or excessively burdensome, the reliance on this principle may be limited.