Essentially this concept formalizes previously applied precedents and strengthens the protection afforded to those who submit bids in the tendering process.
In essence, this concept boils down to the right of an individual to have equal opportunity to be successful with their bid for work.
A Contract B is formed when an owner formally accepts a bid or, colloquially, a submission of price.
[3] A breach of Contract A may occur if the owner (or an owner's officer or representative, see vicarious liability), provides information, changes specification during the tendering process to unfairly benefit a particular bidder, enters into closed negotiations with an individual bidder in an effort to obtain more desirable contract conditions, etc.
The successful suits for breach typically occur if the lowest bidder has been excluded based on a stipulation not clearly outlined in the tender documents (such as preference for local bidders) or when the Privilege Clause employed by the owner to exclude a principle of custom and practice is judged by the courts to be too broadly worded to have any meaning.