10 Questions
What is the purpose of the force majeure clause in construction and supply contracts?
To exempt parties from fulfilling contractual obligations in certain circumstances
What is the main purpose of the Special Conditions of Contract?
To complement and not contradict the General Conditions of Contract
In construction and supply contracts, when do the General and Special conditions of contract become binding?
Immediately upon signing the contract
What should be included in the Technical Specifications section of a contract?
Scope of works, Bill of Quantities, Drawings, and Standards
Which term refers to a brief description of requirements along with quantities in a contract?
Schedule of Requirements
What does the term 'force majeure' translate to in English?
'Irresistible force'
Why is it important for Special Conditions of Contract not to contradict General Conditions of Contract?
To ensure consistency in the contract terms
Which section of a contract would typically include the terms 'Accepted Quality Levels' and 'Testing/Inspection'?
Technical Specifications
What is the main difference between General Conditions and Special Conditions of Contract?
General Conditions apply to every contract whereas Special Conditions are specific to each contract.
What role does 'Scope of Works' play in Technical Specifications?
It specifies the tasks and objectives to be achieved.
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.
Test your knowledge on procurement and contracting procedures with questions on topics like tender security, validity of tenders, signing of contracts, tender submission deadline, evaluation process, and award of contracts.
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