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Legal-aspects-of-procurement
Importance of procurement
An essay on the procurement process
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A contract is defined as a mutually binding agreement which obligates a seller to provide something of value for example a product or service and at the same time obligates a buyer to provide monetary compensation as agreed. Contractual agreements range from simple to complex agreements where the reflection of simplicity or complexity of deliverables or efforts required is documented. For best practices, it is usually adviced that parties to a contract must have the agreement written and for enforcement purposes, both parties to sign the agreement accepting the terms and conditions stipulated. In keeping up with modern technology, acceptance of contracts has evolved to recognize various forms of digital/electronic signatures and acceptance through email, fax or telex. There exist various forms of contracts from sales contracts, lease contracts to trade agreement contracts. This report will look at procurement contracts and aspects of procuring goods or services. …show more content…
It is the responsibility of the buyer to ensure all procurements meet the required or specific needs while adhering to the organisation’s procurement policy. In majority of organisations, policies and procedures are documented defining the procurement rules and regulations and also indicating the official that has the authority to sign and administer procurement contract agreements on behalf of the organisation. In the University of Nairobi, there is a department called procurement led by a manager. The department has 42 members if staff and their main responsibility are to co-ordinate procurement and disposal activities in accordance with the public and disposal act (2005) and public procurement act (2005). Also the department offers professional advice to the University on procurement
1.1 Explain at least four points of differentiations between contract and agreement with the help of examples.
Contract laws had two problems which are old contract law principles often did not reflect modern business practices, and law had become different from one state to another. On many legal topics, contacts law included the national government has had a little to say and has allowed the state to act individually. The UCC was made as an effort to answer two problems. I was a proposal written by legal scholars not a law drafted by members of congress or stat legislatures. The scholars at the American law institute and the national conference of commissioners on uniform state laws had great ideas but they had no legal authority to make anyone do anything. Over time, lawmakers in al fifty states were persuaded to adopt many parts of the Uniform Commercial Code. They responded to persuasive arguments such as businesses will benefit if most commercial transactions are governed by the modern and efficient contract law principles that are outlined in the uniform commercial code. Also businesses everywhere will be able to operate more efficiently, and transactions will be more convenient, if the law surrounding most of their transactions is the same in all fifty states. The main focus is in the article 2 of the uniform commercial code book.
Thorpe, C. P., & Bailey, J. C. L. (2006). Commercial contracts: A practical guide to deals
In the following, we review some of the important contracts found in recent supply chain literature, the significant assumptions made while deriving the different contract types, the practical use and limitations of each type of contract. Through this section, we aim to develop an essential vocabulary of the state of the art in supply chain contracts and to use this knowledge to develop optimal, coordinating contractual structures for the problems in this dissertation.( Cachon et al. (2003)).
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
One of the controversial issues in the law of contract formation has always been the issue of distance contracts. Matters regarding to the types of rules that should be used to govern this type of contracts have always been a topic of debate. One of these rules includes the age old Postal acceptance rule also known as the “postal rule” or the “Mailbox rule”. This paper seeks to examine the justification of the postal acceptance rule and its place in the modern world with the emergence of electronic means of communication
In general, there are different types of procurement type for various situations due to no one method can be suitable under the all different construction project. In this case, there are four procurement paths, which are traditional, design and build, management and design and manage, will be advised to use. However, each method has different aspects of advantages and disadvantages.
Verbal agreements in the modern day have been substituted by contracts. These are agreements between parties that can stand in a court of law. In the case of default by the parties, the contract terms can be used in court of law in order to serve justice to the parties. In that regard, contracts are developed by legal and professional experts to ensure that all the considerations are placed in the contract. In the process, the loopholes that may be anticipated are addressed comprehensively in order to avoid a default of the contract. Despite this, contracts are terminated in the day to day life. It is instigated by various reasons between the parties causing the termination of the contract. Using the case
One of the last remaining strongholds of classical contract law is the notion that contracts require offer and acceptance therefore, in order for a contract to become binding, offer, acceptance, consideration and intention to create legal relations must exist. However contracts are formed in different ways for each different circumstance. (Shawn Bayern, Offer and Acceptance in Modern Contract Law: A Needles Concept, 103 Cal. L. Rev. 67, 102 (2015)
... management ande-procurement: creating value added in the supply chain”,Industrial Marketing Management, Vol. 33 No. 2, pp. 219-26.
This paper examines the legal aspects of procurement management and specifically how procurement management can be used as an effective tool for the overall management of a project. This paper focuses on the basics of common contract laws, the basics of agency law, the Uniform Commercial Code (UCC), and some aspects of that pertain to the Federal Acquisition Regulations (FAR). A summation of the company’s position in relation to a given supplier (provided the company decides not to procure all of the material in a contract) will be examined along with how that position is strengthened by understanding the legal aspects of procurement management. Finally, the paper will analyze how the project manager is supported by the contracting management function.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
The definition of a contract is 'a promise or set of promises which the law will enforce. That is to say, the contract can be defined as a legally binding agreement between two parties or exchange of promises whereby one party undertakes to provide something in return for something else from another party. In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement. Contract conditions are to set out the principal legal relationship between the parties to a construction project, determining the allocation of risk, price and consequently. There is a need of contract in between the parties of construction industry to make sure the construction carry out smoothly and standardized. In the procurement of construction, contracts are including standard form, modified form and bespoke form. Modified form of contract is developed based on standard form of contract
Definitions of procurement are abundant. For the sake of this paper, I will use the definition given by BusinessDictionary.com, which states that procurement is the act of obtaining or buying goods and services. The process includes preparation and processing of a demand as well as the end receipt and approval of payment. Procurement may be further classified according to the sector that it serves such as public or private.
(2014) deduced that procurement performance can be assessed by focusing ondelivery,flexibility, quality, cost and technology. Optimal performance attainment is dependent onhow current suppliers`relationships aremanaged so asto ensure constant availability of needed quality supplies at the organization. This will ensure that sourced materials are indeed procured at the right costand atthe right time. Procurement performancestrives toenable improvements in the procurement process at the organizationso as to improve on qualitydelivery of firm products and servicesatleast possible time and