The City issued a request for bids for the construction of an events centre with the closing stated as June 15 at 4:00 p.m of the current year. The tender stated that no changes could be allowed to bids after submission. XYZ Construction submitted its bid a week in advance of the closing date. However, on June 12, XYZ Construction advised the City that it needed to increase the price of the events centre project in its bid, as it had discovered a major calculation error in its bid submission. The City refused to allow a change to XYZ's bid. After the specified close date, the City awarded the construction contract to XYZ Construction, as it was the lowest bidder. XYZ Construction refused to perform the work. This caused the City to award the contract to the company with the second-lowest bid, thus increasing the City's cost for the project. The City sued XYZ Construction. What is the legal position of the parties?
◦ The City will win, as XYZ was bound by a subsidiary agreement when it submitted its bid.
◦ The City will win because the lowest bidder is always selected and obligated to perform.
◦ XYZ will win, as bidders are not obligated to accept a contract based solely on the fact that they have bid on it.
◦ XYZ will win, as it advised the City in advance of the closing date that it needed to revise its bid.
◦ XYZ will win, as it had only bid on the construction job but had not signed a construction contract to build the events centre.
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