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Questions and Answers
What is the purpose of the force majeure clause in construction and supply contracts?
What is the purpose of the force majeure clause in construction and supply contracts?
- To limit the liability of parties in case of contractual disputes
- To hold parties accountable for any unforeseen events
- To exempt parties from fulfilling contractual obligations in certain circumstances (correct)
- To ensure strict enforcement of contract terms regardless of external factors
What is the main purpose of the Special Conditions of Contract?
What is the main purpose of the Special Conditions of Contract?
- To create ambiguity in the contract terms
- To complement and not contradict the General Conditions of Contract (correct)
- To exclude technical specifications from the contract
- To override the General Conditions of Contract
In construction and supply contracts, when do the General and Special conditions of contract become binding?
In construction and supply contracts, when do the General and Special conditions of contract become binding?
- Only if all technical specifications are met
- Immediately upon signing the contract (correct)
- After the completion of the project
- When they are prepared by the procuring entity
What should be included in the Technical Specifications section of a contract?
What should be included in the Technical Specifications section of a contract?
Which term refers to a brief description of requirements along with quantities in a contract?
Which term refers to a brief description of requirements along with quantities in a contract?
What does the term 'force majeure' translate to in English?
What does the term 'force majeure' translate to in English?
Why is it important for Special Conditions of Contract not to contradict General Conditions of Contract?
Why is it important for Special Conditions of Contract not to contradict General Conditions of Contract?
Which section of a contract would typically include the terms 'Accepted Quality Levels' and 'Testing/Inspection'?
Which section of a contract would typically include the terms 'Accepted Quality Levels' and 'Testing/Inspection'?
What is the main difference between General Conditions and Special Conditions of Contract?
What is the main difference between General Conditions and Special Conditions of Contract?
What role does 'Scope of Works' play in Technical Specifications?
What role does 'Scope of Works' play in Technical Specifications?
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Study Notes
Tender Documents
- Tender security/tender securing declaration and validity of tender are essential components of the tender process.
- Format of signing of contract, sealing and marking of tenders, and deadline for submission of tender are crucial aspects to consider.
Instructions to Bidders
- Opening of tenders, clarification of tenders, and evaluation of tenders and award of contract are key steps in the bidding process.
- Preliminary examination, technical evaluation, financial evaluation, and conversions to single currency (for multiple-currency tenders) are essential evaluation steps.
- Award of contract and communication to bidders, as well as signing of contract, are critical stages in the tender process.
General Conditions of Contract
- Procuring entity's right to vary quantity and right to accept or reject any or all tenders are important considerations.
- Performance security, caution on corrupt or fraudulent practices, and declaration form to be completed are vital aspects of the contract.
- Definitions (terms), applicable law, country of origin and standards, patent right, inspection, tests, and insurance are essential contract components.
Standard Forms
- Standard forms include form of tender, confidential business questionnaire form, tender security form, contract form, performance security form, bank guarantee for advance payment, manufacturer's authorization form, and declaration form.
Benefits of Standard Tender Documents
- Standard tender documents promote harmonization and standardization of procurement practices, facilitate uniform understanding, and enhance transparency.
- They promote increased capacity, predictability, and value for money, while minimizing cost overruns, disputes, and variations.
Special Conditions of Contract
- Special conditions of contract are prepared by the procuring entity, should not contradict general conditions, and complement general conditions of contracts.
Technical Specifications
- Technical specifications include scope of works, bill of quantities, terms of reference, drawings, testing/inspection, standards, and accepted quality levels.
Schedule of Requirements
- Schedule of requirements includes brief description of requirements, quantity, and delivery schedule.
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