Contracts
The main way in which people and companies seek to protect themselves from an uncertain future is by entering into contracts. Well-Drafted contracts provide more certainty for both parties than verbal contracts and avoid potential problems in the future. They clearly set out the details of what was agreed. Matters such as materials, timeframes, payments and a procedure to follow in the event of a dispute, can all be set out in a contract. Here, at Shaabani International Law Firm, our forte is in drafting clear and effective contracts to meet your specific business needs. Contract Section comprises all parts of contract lifecycle which start from the policies formulations to the contract closeout:
A
The Development of the Scope Of Work;
A Contract will consist of a number of key parts; the most important part is not the terms but the scope of work. This is the context within which the rest of the contract works. It is fundamental to the workability of the contract that the scope of work is very clear. It is also fundamental that the scope of work does not contain terms which conflict with other parts of the contract. The tendency is for the lawyer to draft the terms and the engineers to draft the scope of work; there obvious reasons for this, the scope of work is a very technical document, but it is nevertheless part of the contract as a whole and as such the rules of construction which apply to the legal terms will also apply to the technical aspects. It is essential that the scope of work be reviewed from a drafting and legal perspective which is done at Shaabani International Law Firm.
The Development of Contract Strategy and Contract Drafting;
Starting from a precedent or format is a good use of resources but not without a challenging approach to the terms and application of that precedent. A contract is not two dimensional; is three dimensional arrangement in that it has to be looked at as whole as well as in the context of a particular clause, and therefore needs to be read in that way, understanding how, as a single concept, it fits together.
B
C
Contract Call For Tender (CFT) Preparation, Identification of Potential Bidders and Organizing the Tender Process;
Many regimes now have statutory regulations or at least voluntary codes of practice which exert pressure on client or employer to invite competitive tenders. The main derogation from such requirements are perhaps where the contract price is too low to justify the administration involved or there are insufficient contractors to provide a particular specialised service, though these will be carefully looked at by a relevant authority. Other reasons for not going out to competitive tender include restriction by the existence of patents or other proprietary processes, emergency need for services, or standardisation of equipment being justified by the need to reduce inventory costs.
The pre-qualification phase is as important as the tender package. The key to success at the prequalification or selection stage is to strike a balance between the creation of a shorter list of potential suppliers from the list of suppliers or contractors indicating an interest, which can be the subject of in-depth evaluation, and a list sufficiently large to ensure that suitable suppliers are actually selected and proceed to Invitation to Tender or ITT stage.
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A typical invitation to tender will compromise:
- Invitation to Tender Letter (requesting completion and return of confirmation documents by a stated deadline).
- Confirmation of Intent to Tender (to be returned with confidentiality Agreement duly countersigned).
- Instruction to Tenderers, comprising tender strategy, list of tender documents, tender requirements, requirements for format of tender submission, mode of dealing with enquiries, answers to enquires, confidentiality.
- Tender form and its attachments. This is the package to be returned a tender submission by the contractor to the company. The attachments may compromise responses in detail on various matters including technical capabilities.
- The main body of contract with all appendices (which include SOW, work schedule, together with a number of the pre-contract documents , e.g. the compensation, insurance, organization and personnel requirements, all to be incorporated in the contract.)
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The bid package is the framework for the relationship between the client or employer and the contractor as a whole and our lawyers review it for that reason to ensure the context of the contract is understood. It will also need to be reviewed to ensure that no requirements including, for example, the need to prescribe contractor compliance with the statutory and regulatory regime, whether it be national, supranational or international, have been omitted. Once the package has been sent out it is usually too late follow it up with new conditions.