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In contracts administration, when preparing the bid, what are all the things we have to consider?

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Question added by Santhamurthy Kesavan , Consultant , Self Employed
Date Posted: 2016/04/07
Zain ul Abdin
by Zain ul Abdin , Project Planning & Control Manager , Redco International Trading and Contracting

Basically, in the contract, all the stakeholders shall ensure that anything that might have a negative or positive effect on their stake is mentioned and the method to deal with it is clearly defined. Things that are missed in the contract, tend to produce many complexities during implementation of the contract.

Ibrahim Saleh
by Ibrahim Saleh , Centralized Procurement Director , Aluminum Products Company (ALUPCO)

Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more. Consideration to create a legally enforceable contract entails a bargained for, legal detriment incurred by the promisee OR a legal benefit to the promisor.[1] Under the notion of "pre-existing duties", if either the promisor or the promisee already had a legal obligation to render such payment, it cannot be seen as consideration in the legal sense.

 

In common law it is a prerequisite that both parties offer consideration before a contract can be thought of as binding. The doctrine of consideration is irrelevant in many jurisdictions, although contemporary commercial litigant relations have held the relationship between a promise and a deed is a reflection of the nature of contractual considerations. If there is no element of consideration found, there is thus no contract formed.

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