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Assinment 1
Assinment 1
ASSIGNMENT-1
S.SOLAI SURYA
1. What is the process of tendering ? Explain in detail from the
issue of tender notice to that of signing a contract agreement.
Tendering is a formal process used by organizations, typically government agencies or large corporations,
to invite bids from potential suppliers or contractors for the provision of goods or services.
Identification of Need: The process begins with the identification of a need within the
organization. This could be anything from construction projects to procurement of goods or
services.
Preparation of Tender Documents: The organization prepares tender documents, which typically
include:
Tender notice or advertisement: This announces the organization's intention to procure goods or
services and invites interested parties to submit bids.
Instructions to bidders: These outline the rules and procedures that bidders must follow when
submitting their proposals.
Specifications or scope of work: These detail the requirements and expectations for the goods or
services being procured.
Evaluation criteria: These specify the factors that will be used to evaluate and select the winning
bid.
Publication of Tender Notice: The tender notice is published in appropriate channels such as
newspapers, online portals, and government procurement websites to attract potential bidders.
Bidder Registration and Clarifications: Interested bidders may need to register with the
organization to receive tender documents and updates. They may also seek clarifications
regarding the tender requirements through a formal process.
Submission of Bids: Bidders prepare and submit their bids within the specified deadline. Bids
typically include:
Technical proposal: Details how the bidder intends to fulfill the requirements outlined in the
tender documents.
Financial proposal: Specifies the cost of the goods or services being offered, including any
additional charges or fees.
Supporting documents: Such as company profiles, past experience, qualifications, and any
required certifications.
Bid Opening: The organization opens the submitted bids publicly and records relevant
information such as bid prices and bidder details. This process ensures transparency and fairness.
Evaluation of Bids: The organization evaluates the submitted bids based on predetermined
criteria, which may include technical capabilities, price, quality, and compliance with
specifications.
2. Define a contract.
A contract is a legally binding agreement between two or more parties that creates obligations enforceable
by law. In a contract, each party agrees to perform certain actions or provide certain goods or services in
exchange for consideration, which typically involves payment or other valuable consideration. Contracts
can cover a wide range of transactions and relationships, including business agreements, employment
contracts, sales agreements, leases, and more.
1. Ad Hoc Arbitration:
In ad hoc arbitration, parties directly negotiate and agree upon the rules and
procedures that will govern the arbitration process.
There is no involvement of an institution or organization to administer the
arbitration proceedings.
The parties have flexibility in choosing arbitrators, determining the arbitration
venue, and setting procedural rules.
Ad hoc arbitration is commonly used in commercial disputes where parties prefer
tailor-made procedures or where no suitable institutional arbitration rules are
available.
2. Institutional Arbitration:
Institutional arbitration involves arbitration proceedings administered by a
recognized arbitration institution or organization.
These institutions have established rules and procedures for conducting
arbitrations, often providing a framework that governs the arbitration process
from initiation to award.
Examples of well-known arbitration institutions include the International
Chamber of Commerce (ICC), the American Arbitration Association (AAA), the
London Court of International Arbitration (LCIA), and the International Centre
for Dispute Resolution (ICDR).
The institution typically assists with appointing arbitrators, managing
administrative aspects of the arbitration, and ensuring that the process complies
with the agreed-upon rules and applicable laws.
Institutional arbitration provides parties with a structured and organized
framework for resolving disputes, often offering greater procedural certainty and
efficiency compared to ad hoc arbitration.
3. Statutory Arbitration:
Statutory arbitration refers to arbitration mandated or regulated by statute or law.
Some jurisdictions have specific laws or regulations that require certain types of
disputes to be resolved through arbitration rather than litigation.
These laws may prescribe procedural rules, qualifications for arbitrators, and
other aspects of the arbitration process.
Statutory arbitration is often used in specialized areas such as labor disputes,
consumer disputes, and international trade.
Examples of statutory arbitration include the Federal Arbitration Act (FAA) in the
United States and the Arbitration Act in the United Kingdom.
1. Build:
A private consortium, consisting of landscape architects, construction firms, and
financing entities, is selected through a competitive bidding process to design and
implement the park revitalization project.
The consortium develops a detailed plan for the park, which includes new
walking paths, seating areas, playgrounds, sports facilities, landscaping, and
sustainable features such as rain gardens and solar-powered lighting.
Construction begins in Greenfield Park, with the private consortium overseeing
the implementation of the project according to the agreed-upon design and
schedule.
2. Own:
Upon completion of the park revitalization, ownership of the upgraded park
infrastructure is transferred to the private consortium, which establishes a Special
Purpose Vehicle (SPV) to manage and maintain the park assets.
The SPV assumes responsibility for ongoing maintenance, repairs, security, and
operational management of Greenfield Park, ensuring that the park remains in
excellent condition throughout the concession period.
3. Lease:
The SPV leases the revitalized park to the local government or a designated park
authority under a long-term lease agreement.
The lease agreement outlines the terms and conditions for the use of Greenfield
Park, including lease payments to the SPV to cover financing costs, maintenance
expenses, and a return on investment for the private consortium.
4. Transfer:
At the end of the concession period, ownership of the park assets is transferred
back to the local government or another designated entity, as stipulated in the
lease agreement.
The transfer may be subject to certain conditions, such as meeting performance
standards or fulfilling maintenance obligations, to ensure the continued quality
and sustainability of Greenfield Park.