General And Special Conditions Of Contract

General And Special Conditions Of Contract

Contract conditions, usually included in the book of specifications (or in the accompanying architectural drawings) of a contract, that set the minimum performance requirements for the contractor. These conditions also include the rights and responsibilities of the parties involved.

General Conditions of Contract Definitions 1. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined,grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable.

Technical Specification Implications

1.  Technical Specification Implications
   1.1 PERSONNEL:The Contracting Authority is responsible for drawing up Technical Specifications for supply contracts. It is helpful to consult all parties involved in the proposed project in preparing Technical Specifications. This should improve both the quality of the project as well as the commitment of the Contracting Authority and beneficiaries. Given the technical complexity of many contracts, the preparation of the tender dossier - particularly the Technical Specifications - may require the assistance of one or more external technical specialist(s).
   1.2 PROCEDURES:The Technical Specifications must be drawn up in accordance with the Practical Guide to Contract Procedures for international best practices.
   This document summarises the relevant information given in Procurement conditions. For those preparing the technical specifications, the responsibility begins with understanding the purpose intended by the Contracting Authority, continues through defining the characteristics required of the products, services, materials and/or work (“the supplies”
   
    to satisfy the purpose, and ends with the Contracting Authority’s approval of the specifications. Throughout this process those involved must be totally committed to the task.
   1.3 SPECIFICATIONS:The specifications define the required characteristics of the supplies including:the quality levels environmental performance design for all requirements (including accessibility for disabled people) the levels and procedures of conformity assessment fitness for use safety or dimensions, including, for supplies, the sales name and user instructions, and, for all contracts, terminology, symbols, testing and test methods, packaging, marking and labelling, production procedures and methods.
   The purpose of the specifications is to give instructions and guidance to contractors at the tendering stage about the nature of the tender they will need to submit and to serve as the contractor's mandate during project implementation. The Technical Specifications will be included in the tender dossier and will become an annex of the eventual contract awarded as a result of the tender.
   Thorough preparation of the Technical Specifications is crucial for the ultimate success of the project but it is also vitally important to ensure clarity and conciseness in drafting them.
   1.4 OBJECTIVITY & CONFIDENTIALITY:Strict objectivity and confidentiality must be maintained throughout by observing the following:Each beneficiary’s representative or technical specialist must sign a Declaration of Objectivity and Confidentiality All information or documents must be held in confidence and used only for the purposes of preparing the Technical Specifications and not disclosed to any third party unless that person has also signed a Declaration of Objectivity and Confidentiality
   All working documents must be shredded
   All contributions to preparing Technical Specifications must be objective and must fully respect the principles of fair competition and impartiality, in particular by avoiding terms or conditions favouring any one product, manufacturer or service provider
   Market research,Market research is required to ensure that:
   At least three different examples of each item can be obtained that meet the procurement internationally rules.
   All the required supplies can be obtained within the proposed budget.
   2. CONTENT OF TECHNICAL SPECIFICATIONS
   The Technical Specifications indicate - where applicable, lot by lot - the exact nature and performance characteristics of the supplies. Where applicable, they also specify delivery conditions and installation, training and after-sales service.
   It is essential that the performance characteristics correspond to the intended purpose. If there needs to be an information meeting or site visit to clarify technical requirements at the site where supplies are to be installed, this should be specified in the instructions to tenderers, together with details of the arrangements.
   2.1 GENERAL REQUIREMENTS:As well as the technical specifications of the supplies, various other requirements will need to be specified, such as:maximum delivery period,warranty
   
   after-sales service,maintenance and support (before and after provisional acceptance) the need to provide all accessories necessary for proper operation,documentation,training,acceptance procedure,recommended consumables,delivery address,background information,equipment layout and spare parts.
2. The tender document gives a detailed explanation of the deadlines, requirements, necessary information and criteria. In general it consists of the following documents: a cover letter, an invitation to tender, the form of the tender, the terms and conditions of the contract, a bill of quantities, the specifications, designs/drawings and/or plans, the quality requirements, the evaluation criteria and the tender return label. Depending on the type of the project and requested work, other additional documents vary. The applying suppliers must deliver the complete tender documentation by the deadline to be able to participate in the tender bidding process. The criteria upon which a supplier is usually chosen are the proposed prices and costs, delivery times and terms,availability and quality. Common practice has shown that applicants must pre-qualify before being given the tender documents.
3. 
   
   Tenders are very common in large governmental or non-governmental organizations, schools, hospitals and universities. Organizations invite companies to bid for the job of the tender for the purposes of reconstruction work and equipment supplies before choosing the most acceptable offer

Pillars of Procurement: Ethics and Fair Dealing | Accountability and Reporting | Equity

Pillars of Procurement: Ethics and Fair Dealing | Accountability and Reporting | Equity

what does procurement connote

procurement In this age of global competition, companies are looking for ways to improve efficiency of operations while cutting out unnecessary costs in acquiring goods and service at the best price and at the right quantities.

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