Procurement Regulations and Contract Analysis

Tenders requirements

First: An introduction: (5 marks) A brief to highlight the procurement regulations applicable in the organization with a particular emphasis on the following:

 

A- Tenders requirements: (i.e minimum value of contracts, public or selected, types of contracts, fixed prices or cost plus, advertisements, opening offers, technical and commercial evaluation criteria, awarding process), and

 

B- Contract implementation process: (i.e. the appointment of contract administrators with main responsibilities, payments and claims approval, and following up procedures until the end of contract)

 

Second: Contract Analysis: (15 marks) Choose a contract that your organization has recently entered and answer the following questions:

 

a. Offer and acceptance are essential elements in the formation of a contract. Explain the offer and acceptance phases of your contract (i.e. if it is conducted through a tendering process (please refer to the first part) or direct order how it is implemented).

 

b. Define the subject of the contract. For example, does it involve the purchase of equipment or a specific service? Provide all the details related to the project.

 

c. Define the term of the contract. I.e. the period of the contract.

 

d. Define one warranty and one condition stated in your contract. (remember if any requirement is stipulated as condition of the contract the injured party has the right to discharge the contract while if a requirement is stipulated as warranty the injured party can claim compensation).

 

e. Contract termination and who has the right to terminate the contact, the notice served and compensation payable to injured party.

 

f. The applicable law and how the parties interpret the contract in case of any dispute.

 

g. The mechanism to resolve disputes in your contract (i.e. litigation, arbitration, moderation, mediation, etc.)

 

h. Define other contractor’s commitments like the duty to provide insurance, HSE, the rights of his employees, etc.

 

i. Explain to what extent you think the contract can protect the interests of your organisation and what kind of improvements it really needs to be used in future for another transaction.