Posted: August 7th, 2013
This section discusses the prerequisites that are involved before a contract is acquired. The procedure concerning sorting out any requests about any contentious issues in the RFP is particularly hectic and long. The changes should pass through the State and not be past the deadline indicated in Section 2 of the Schedule of Events. Amendments have been given far little time for processing, and this means that any defects will be overlooked in the proposals. The window period for the amendments should be increased to allow for more refined and detailed proposals. Other methods of appealing should also be introduced to ensure that first-class proposals get to their destination.
The State also has the mandate of rejecting any proposals. This mandate should be distributed among different bodies so that the process can be just. The sections on the proposal prohibitions and right of rejection also need more information added. Section 4.3.3 needs an elaboration to ensure that the nature of the alternate services is described fully. The section should also prescribe how these alternate services would be administered. The section dealing with rejecting proposals whose cost proposal was arrived at in aid of other parties should also be scrapped, as it discriminates against some types of offers.
Section 4.3.9 discusses the conditions in which proposal forms would not be considered as valid. This section also needs more elaboration to include other new elements that also fall in the same category. Section 4.6 on assignment and subcontracting has a subsection that declares that the state reserves the mandate to decline approval of any subcontract, transfer, or obligation. This right means that the state can be manipulated to choose specific proposals over others. A method of ensuring fair dismissal of proposals should be established to avoid the corruption and weaknesses in the government.
Changing parts of the contract are covered in Section 4.19 that describes the procedures taken when any additional work needed to be done that would be would be compensated for accordingly. This section requires additional information on rates and format through which the contract shall be amended. Confirming the new terms of the contract also needs more ratification other than the two signatories. The State regulations concerning contracts also apply in these situations. These regulations are set by the legislators who may not see the economic consequences of the regulations that they formulate in Parliament.
Section 5 discusses the proposal evaluation and contract awarding process. The criterion used to select the best proposals uses the best combination of features to choose the best offer. Information on the proposal evaluation team should also be increased. The composition, job description and jurisdiction of the proposal evaluation team should be included so that they would not overstep their mandate. An area of concern for the organization is the evaluation process. At this level, the teams are responsible for deciding which proposals shall be most appropriate to their needs. The evaluation process will determine whether the efforts of a company will result in positive results (Friedland 28).
The last stage is the section 5.3 that involves the contract award process that is awarded by the RFP coordinator. At this stage, it is crucial to understand that the company cannot do much in the way of revoking any decision that is made concerning the awarding of contracts. The coordinator uses the evaluation process results to make a decision about whom they give the final contract. Even at this level, the significance of the evaluation process is evident. Therefore, any company wishing to clinch contracts need to maximize on their chances at passing the evaluation process. This may include training the staff to discover what the markets need and how to present best these needs in a proposal.
Friedland, Paul D. Arbitration Clauses for International Contracts. New York: Juris, 2000. Print
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