An Agreement Between Two Parties To Perform Certain Activities For Some Consideration
simple contracts, mainly in this area, for goods and/or services up to a certain value, complexity or risk of liability. A contract is made on the basis of an “offer” and “acceptance” and as part of the acquisition into the United Nations system; it is a written document containing the agreement and trade conditions between the United Nations and the supplier and serving as proof of commitment. The usual contractual instruments among United Nations agencies are P.O.s, service and works contracts, LTS, system contracts, framework orders, leases, etc. for goods, services and works. The conclusion of the contract is the process followed by the contracting officer to enter into a written contract with a supplier. The drafting of the contract aims to ensure the presence of all the appropriate elements for the conclusion of a written agreement that protects the interests of the United Nations organization and reflects the supplier`s offer in response to the request of the United Nations. General and specific conditions should include legally enforceable provisions guaranteeing satisfactory performance by the parties, the supplier and the United Nations organization. Contract for individual consultants/service contracts Written contracts may consist of a standard agreement or a letter of confirmation of the agreement. Finally, the head of public procurement should ensure that the contract or designation (PO) is complete, that all elements agreed by the parties and all corresponding annexes are included and that the general and specific terms of the United Nations organization are part of the contract/PO. With the exception of low-value purchases (thresholds vary by organization), a written contract is required to formalize a commitment. This is usually stipulated in each organization`s RRIF.
However, some organizations are currently discussing electronic contracts and electronic public procurement (see Unit 4.2 on the e-market). This clause excuses delays or non-executions which, if not, constitute an offence and are beyond the control or influence of the contracting parties. A performance commitment is submitted by the supplier, if necessary in accordance with the invitation document, in a form acceptable to the United Nations; Power obligations must be kept in a safe and secure environment. Contracting officers and sponsors should always bear in mind that any modification or modification of an existing signed contract can only be documented by a written amendment, possibly verified by the contract committee and duly signed by the authorized representative of the parties. When negotiating the terms and conditions, you ensure that the terms of the contract are clearly defined and agreed upon by all parties. In some cases, the United Nations may not be able to impose all contractual conditions on the supplier, but it may be obliged to negotiate specific contractual conditions. Especially in cases where the supplier owns a proprietary product, the bargaining power of the organization may be reduced. The public procurement officer should review the proposed supplier`s amendments to find that they are not contrary to the original requirement and supply and are acceptable to the United Nations.
After internal consultations and discussions with the successful supplier, the UN organization rebalances the project until the text is acceptable to both parties. This clause stipulates that the supplier guarantees that no official or representative of the United Nations has benefited from direct or indirect benefits or is proposed by the supplier as a result of the performance or award of the contract or related to it. Develop a basis for reaching agreement on all issues through the use of compromises and concessions. Typical contracts are usually written to the benefit of the interests of the person proposing the contract.