How to review government procurement contracts
1. Make clear the official name, trademark, specification, model, color, size and corresponding accessories of the subject matter, so as to avoid unnecessary disputes caused by unclear subject matter.
2. Clear the calculation method of the subject matter. When the calculation method is not clear, the number of contracts obtained may have multiple results, and different understandings between the two sides may also cause controversy.
3. If the implementation standards or technical requirements of the subject matter in the contract are not clear, it will lead to disputes between the two parties. Whether it meets the requirements of the contract, it is necessary to entrust a third party to carry out relevant tests. If the cost of entrusted inspection is unknown, there will be mutual shirking, which will lead to disputes.
4. If the price agreed by both parties is settled according to the actual consumption quantity, and the actual consumption quantity is difficult to measure, it is easy to cause disputes. After the payment ratio is delivered in batches, it is difficult to reach an agreement on the payment ratio, and disputes will also arise.
5. The agreement on the mode of shipment, loading and unloading expenses and risk burden is not clear, which is easy to cause disputes.
6. Make clear the liabilities for breach of contract and punishment measures corresponding to the performance of contractual obligations, make clear the specific calculation method of fines, and set the right to terminate the contract. In case of contract disputes, properly resolve relevant differences according to the liability agreement for breach of contract, so as to avoid wasting time and energy caused by arbitration or litigation.
7. For other matters needing attention, it is also necessary to agree on the court in charge of arbitration or litigation and specify the execution period of the contract.
Management during the performance of procurement contract In order to ensure the realization of the interests of both parties agreed in the contract and the smooth cooperation between the two parties, it is necessary to monitor the performance of procurement contract in real time. Procurement contract monitoring is mainly divided into monitoring during contract execution, monitoring after contract execution, contract change, contract dispute settlement and claim.
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