Implementing a Procurement Process, Research Paper Example

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Research Paper

Introduction

Contract type to hire technicians to install and configure the software

As the procurement manager, I would prefer applying implied contract in the process of hiring technicians for installing and configuring the organization’s software because it exists from where facts as well as mutual circumstances are indicating intensions of mutual to the contract. I understand I will face some opposition from my fellow project managers who may argue that contract implied in law in most cases lacks adequate requisites required for a true contract. I will address this argument by stating that the process of hiring people to participate in procurement process goes well only when implied contract is applied. The general risks that are associated with implied contracts are that, they may not arise contrary to express declaration by the parties involved or to either of the law. This risk will be factored by using Williston’s theory of law on declaration of interests by both parties before signing the contract (Williston, 2001). Implied contract will therefore meet the organization’s project objectives on any purposes of remedy that may result. The contract also defines the duty that results in imposing agreement between the parties meaning that the contract will lead the offeree to meet the objectives set.

Contract type to hire a training entity to teach the student PMs the mechanics of using the new tool

Bilateral contract will be used in hiring a training entity because it will promote the reciprocal promise and as well mutual exchange that entails the performance of the offeree. The arguments that may arise is on how to do if the demands of the offeree are too high than what I expected since according to Shavell,s approach (Shavell, 1980) the bilateral contract pertains to reaching agreement for the promises made by both parties. . The issue will be addressed by ensuring that all terms to contract are agreed between both parties.  The risk that arises from this type of contract is that the offeree may come up with terms that are too high for me therefore resulting to wastage of time in trying to find the entity that we are capable of agreeing on our separate terms. The project objective will be met if under the contract both parties agree that the offeree has to work within the set timetable a timeline in providing the training service to the students.

Contract type to buy a new server and software to run the tool and house the project database

I would also prefer using implied contract in buying new server and software to run the tool and for housing the project database because facts and mutual circumstances will be very important in this process. The criticisms I may face from my fellows are that of lacking adequate requisites required for a true contract. This issue will be addressed through expressing Kornhauser’s theory that states implied promises exists where relations between the parties involved prevent any possible inference of the contract (Kornhauser, 1986). The risk that may come up is that it may not arise contrary to express declaration by the parties involved or to either of the law. This risk will be dwelt effectively by declaration the interests by both parties before signing the contract. Implied contract does not exist where there is harm or inequity or where here exists doubt therefore this makes the project objectives been on a safer side under implied contract.

Contract type to hire tool usage experts to transfer knowledge to the student PMs about the use of the tool on the job for the first 60 days after going “live”

Under this procurement process, I will use unilateral type of contract. This means I will be the only one to offer the promise to my client only if he or she legally performs to my expected standards. My fellows will criticize me for using a type of contract whereby only one party is only bound to the contract. I will solve this by convincing them that I will look for genuine clients and that my terms will be smooth and favorable to them.  The risk I will face from this type of contract is that I will not be able to sue my client for failing to perform or even for incomplete work. In order to attain my promise in return, my client will be forced to work harder therefore possibility of meeting the project objectives.

Contract type to plan for the removal and disposal of the no longer to be used scheduling tool software and hardware

In the removal and disposal of the no longer scheduling tool for software and hardware, I will enforce adhesion contract. This is because necessary negotiations will not be important. My fellow colleagues will oppose me for using a contract type that has got bargaining advantage on my side but I will defend myself on explaining how and why this plan does not require any negotiations and by stating that not all contracts of adhesion are unconscionable as according to  Talley’s theory (Talley, 1994). The risk that may arise is that the client may perceive is been exploited and for any chances that he or she terminates the contract without completion of the contract, the courts may not favour on my side in case I sue the client since the client was given no space to bargain hence no acceptance of offer existed. I will ensure the party who assents to this adhesion contract is not exploited and that the contract will be conscionable therefore possibility of my client to meeting the project objectives under this plan.

Conclusion

The most appropriate contract type for the product or service purchase

The contract type I will mostly prefer appropriate is implied contract in law because facts and mutual negotiations are very crucial for any procurement of a service or product. The criticisms that will surround my choice are that of implied contracts lacking adequate requisites required for any existence of true contract. This issue will be addressed through proving that not all implied promises lack enough requisites. The risk facing my overall choice of this type is that it may not arise contrary to expressing declaration by all the parties involved. This risk will be factored through declaring and agreeing the interests for both parties before signing the contract. Implied contract does not exist where there is harm or inequity or where here exists doubt (Aghion & Bolton, 1987) therefore this makes it to be the most favorable type of contract where project objectives can be achieved efficiently.

References

Aghion, P, & Bolton, P, (1987), ‘Contracts as Barriers to Entry’, American Economic Review, 388-401.

Kornhauser, A, (1986), ‘An Introduction to the Economic Analysis of Contract Remedies’,      Colorado Law Review, 683-725.

Shavell, S, (1980), ‘Damage Measures for Breach of Contract’, Bell Journal of Economics, 466-490.

Talley, L (1994), ‘Contract Renegotiation, Mechanism Design, and the Liquidated Damages Rule’, Stanford Law Review, 1195-1243.

Williston, S, (2001), ‘Repudiation of Contracts Harvard Law Review, 317-331 (Part I), 421-441 (Part II).

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