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Is inclusion of detailed legal/contractual terms & conditions in RFQ conducive to efficient and cost effective purchasing or otherwise?

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Question added by Nadeem Asghar , Supply Chain Consultant/Trainer , Independent Practitioner
Date Posted: 2016/10/19
Ashfaq Sayeed
by Ashfaq Sayeed , Procurement QC Supervisor , Ashi & Bushnag Contracting Company

Yes; legal/contractual terms and conditions shall be included along with RFQ as bidder will be aware of it prior submission. Also this practice will minimize time & efforts of both parties and this shall minimize manhour cost as well.

Santosh V Padme
by Santosh V Padme , Procurement Specialist , Shelf Drilling USA, Abu Dhabi Branch

Yes.  Legal/Contractual Terms and conditions should be part of RFQ. We need to get acceptance in writing before placing order.

Terrence Walmsley
by Terrence Walmsley , Owner , The Awesome Group of Companies

It is important to safeguard the business against potential risk. You should always specify the outcomes required and ensure there are no ambiguities. Service level agreement and contracts, in addition to MOU are all instruments for this. Always play it safe and remember that there are no friends when dealing business. All have the same purpose in mind, and that is to make money.

 

The RFQ also falls under this banner. Although not as binding, effort needs to be made in the draft to ensure that the service or provisions asked for are included I the supplier tender submission. The responses received should be vetted against the RFQ and weighted assessments made to select the best supplier or contractors for the task. There is a great 'app' that you can use for making impartial and weighted options, it is called 'FYI Decision'. Great to introduce impartiality and remove 'politically' motivated bias.

Tarek Ahmed Abdel-Gawad
by Tarek Ahmed Abdel-Gawad , project procurement manager , ENPPI

Although the legal terms and conditions are not the only factor that leads to efficient and cost effective purchasing, but it still is essential to the efficient purchasing process.It reduces the negotiation time before the contract and thus the working hours as well as disputes during the order execution time.It must not only be sent with the RFQ but has to be followed until bidder confirms full compliance or negotiations shall continue until settled to a mutual agreement or exclusion of this non complying bidder.

Md Fazlur Rahman
by Md Fazlur Rahman , Procurement Specialist , Engineering and Planning Consultants Ltd

Thanks for invitation

The entire procurement process shall satisfy the following criteria.

  1. fairness, integrity and transparency through competition
  2. economy and effectiveness
  3. best value for money.

The legal/contractual terms and detailed RFQ shall satisfy the transparency only. So, this  is not  enough for cost effective procurement.

The procurement process also needs integrity of the procurement personnel, fairness in bid evaluation, selection of most cost effective item ( best value for money) ensuring right quantity, quality and delivery at right time (economy and effectiveness). 

Sajith  Khadari
by Sajith Khadari , Procurement Manager , Innovative Foods

In RFQ detail information is require such as specification, standards, quantity, payment terms, delivery lead time and location. In contract, we can bind the vendor with more terms and condition which will safe guard the company.

Elke Woofter
by Elke Woofter , Project Assistant , American Technical Associates

There are many good answers given ... no need to add an answer

osama khalifa
by osama khalifa , sourcing manager , Toshiba

I think in RFQ main agreements will be on below terms :-

>> Cost

>> Production lead time

>> Delivery term

>> Payment term

>> Quotation validity period

>> Penalty in case of any delay

jasmina malnar
by jasmina malnar , Head of Marketing and Indirect Procurement , Hrvatski telekom

We always include the contract as part of RFQ documentation, and most times we also require vendors to confirm in writing that they accept the contract terms and conditions applicable / attached should they be chosen supplier. This shortens the process by 50% - it has been my experience that the chosen vendor tries to "renegotiate" as much as possible at the contracting stage, when they know they are the chosen supplier and especially when they are aware that time is critical variable.

Naveed Mahmood
by Naveed Mahmood , Senior Manager , FWO

Procurement  and purchasing both operations are very critical and needs deliberations. Word "operation" I have used as this is the main cause of raising or lowering the company reputation. Unfortunately this aspect is neglected in making RFQ. A very casual approach is adopted and normally old RFQ is copied for other where as each item or commodity has its own supply and provision procedure. We must include every aspect in RFQ so that it may result in ultimate economy and benefit to the company.

Ghulam Farid
by Ghulam Farid , Contracts Officer , Abu Dhabi Company for Onshore Petroleum Operations (ADCO)

Yes, it will also help you to avoid any delays relating to any exceptions and qualifications at later stage. In fact these T&Cs should b a part of invitation

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