Latest topics
Statistics
We have 1676 registered usersThe newest registered user is esagile
Our users have posted a total of 1240 messages in 351 subjects
Who is online?
In total there are 7 users online :: 0 Registered, 0 Hidden and 7 Guests None
Most users ever online was 225 on Sun Oct 03, 2021 4:24 pm
Directives of the Top Leaders on Termination of Contracts
+3
fmwalongo
Akida
RJM
7 posters
Page 1 of 1
DIRECTIVES OF TOP LEADERS ON TERMINATION OF CONTRACT
Dear forum members,
Any legal contract is formed by two parties (i.e Employer/client & contractor,service provider or Supplier) who can terminate the contract in case implementation is not conforming to terms and conditions of that contract. Please note that, Top leaders are part of public who seek to see public fund spent efficiently to bring to a community products/ services of right quality, quantity and delivered / completed at right time. In this context their directives to terminate a contract is very helpful to contract manager and Accounting Officer to revise their contract management status and make right decission (i.e to terminte or not). Therefore, let them continue alerting us when we forget our roles in public contract management.
Any legal contract is formed by two parties (i.e Employer/client & contractor,service provider or Supplier) who can terminate the contract in case implementation is not conforming to terms and conditions of that contract. Please note that, Top leaders are part of public who seek to see public fund spent efficiently to bring to a community products/ services of right quality, quantity and delivered / completed at right time. In this context their directives to terminate a contract is very helpful to contract manager and Accounting Officer to revise their contract management status and make right decission (i.e to terminte or not). Therefore, let them continue alerting us when we forget our roles in public contract management.
uwezo- Posts : 15
Join date : 2012-07-24
DIRECTIVES BY TOP LEADERS TO TERMINATE CONTRACTS
Dear all,
This topic need to be discussed several times due to the frequency of its appearance in many places. Yes. political leaders have the role to speak and we as professionals in working place our role will be to translate what they speak if they fit into terms and conditions of the contracts we implement. You will come to realize (in many incidence) that what they are talking is a mere politics which does not fit into terms and conditions of the contracts.
But there are some of the projects whose implementations are hindered by the acts of contractors, consultants or client. If we , in procuring entities fails to implement our part, then political leaders have the right to speak----and we have the role to act positively.
SJA Junior
This topic need to be discussed several times due to the frequency of its appearance in many places. Yes. political leaders have the role to speak and we as professionals in working place our role will be to translate what they speak if they fit into terms and conditions of the contracts we implement. You will come to realize (in many incidence) that what they are talking is a mere politics which does not fit into terms and conditions of the contracts.
But there are some of the projects whose implementations are hindered by the acts of contractors, consultants or client. If we , in procuring entities fails to implement our part, then political leaders have the right to speak----and we have the role to act positively.
SJA Junior
AJS- Posts : 3
Join date : 2009-12-16
Re: Directives of the Top Leaders on Termination of Contracts
Esteemed Forum Members
To me I think Political Leaders have a role to play - and that is to see that contracts within their juridisction are well implemented. So if they see anything going wrong they have the right to speak up, but not to terminate contracts without following the set procedures either in the contract itself or as required under the Law of Contract.
I think there is a duty to educate them what they need to do if they find that contracts are not well implemented.
To me I think Political Leaders have a role to play - and that is to see that contracts within their juridisction are well implemented. So if they see anything going wrong they have the right to speak up, but not to terminate contracts without following the set procedures either in the contract itself or as required under the Law of Contract.
I think there is a duty to educate them what they need to do if they find that contracts are not well implemented.
RSM- Posts : 150
Join date : 2009-08-11
CONTRACT TERMINATION ORDERS
The experience at home is an ORDER VERBALLY issued in presence of the PRESS without further WRITTEN COMMITMENTS, by a Honourable Minister or Regional Comissioner or District Commissioner for termination of contract for delay,quality or any other reason.
With profound respects,the order is for political,malicious, and sometimes for cheap popularity purposes!These orders may sometimes go hand in hand with staff termination orders-with no due regard to existing public service employment regulations- which abounds and for which I MAY BET EXPERTS ABOUND IN THE TANZANIAN PUBLIC SERVICE CONTEXT!
The problem with the average professional is in implementation of the orders. May analogy may not sound better but no one expect a doctor to administer a wrong dose because he/she has received orders from HONOURABLE WHATEVER!
Am just adding insult to injury by saying that may be we are as well after cheap popularity when we implement orders, many a times never written and many a times denied by the issuers of the same, WITHOUT CONSULTATION ON THE ECONOMIC LEGAL AND MANAGERIAL IMPLICATIONS OF TERMINATING A CONTRACT THAT IS LEGALLY BINDING!And the popularity is indeed cheap,for when the defining moment arises we are the ones to be sacrificed!
With profound respects,the order is for political,malicious, and sometimes for cheap popularity purposes!These orders may sometimes go hand in hand with staff termination orders-with no due regard to existing public service employment regulations- which abounds and for which I MAY BET EXPERTS ABOUND IN THE TANZANIAN PUBLIC SERVICE CONTEXT!
The problem with the average professional is in implementation of the orders. May analogy may not sound better but no one expect a doctor to administer a wrong dose because he/she has received orders from HONOURABLE WHATEVER!
Am just adding insult to injury by saying that may be we are as well after cheap popularity when we implement orders, many a times never written and many a times denied by the issuers of the same, WITHOUT CONSULTATION ON THE ECONOMIC LEGAL AND MANAGERIAL IMPLICATIONS OF TERMINATING A CONTRACT THAT IS LEGALLY BINDING!And the popularity is indeed cheap,for when the defining moment arises we are the ones to be sacrificed!
ELLY KOMBE- Posts : 5
Join date : 2010-05-17
Age : 56
Re: Directives of the Top Leaders on Termination of Contracts
Those directives are very political and non legal. In the majority of cases, termination of that nature results into very big liability. Every contract has exit clauses and every exit has to comply to the clause.
fmwalongo- Posts : 22
Join date : 2010-09-13
Re: Directives of the Top Leaders on Termination of Contracts
to my knowledge the top leaders do that to please the public, but at the end of the day the contract manager/project manager has to sit down and look if there are contractial reason to act on the decision. there is no clause giving thr 'top leaders' authority.
if they act on the decision without following contractual procedures then they will/may face contractual claims from the contractor.
if they act on the decision without following contractual procedures then they will/may face contractual claims from the contractor.
Akida- Posts : 6
Join date : 2010-07-28
Directives of the Top Leaders on Termination of Contracts
Dear Forum Members,
Often we hear our “Top Leaders” issuing directives to the executives in the public gatherings that a certain contract should be terminated and contractor to be expelled from the site.
My main concern here is whether such directives are implementable in the eyes of the terms and conditions of the contract [i.e. Form of Contract issued by PPRA].
If those executives terminate contracts based on those directives can this be construed that terminations are influenced by the third party?
Often we hear our “Top Leaders” issuing directives to the executives in the public gatherings that a certain contract should be terminated and contractor to be expelled from the site.
My main concern here is whether such directives are implementable in the eyes of the terms and conditions of the contract [i.e. Form of Contract issued by PPRA].
If those executives terminate contracts based on those directives can this be construed that terminations are influenced by the third party?
RJM- Posts : 260
Join date : 2009-07-30
Age : 73
Location : What is written without effort is in general read without pleasure
Similar topics
» Management Contracts.
» frame work contracts
» Notifications for Awarded Contracts.
» WHO SHOULD SIGN PROCUREMENT CONTRACTS IN LGAs?
» frame work contracts
» Notifications for Awarded Contracts.
» WHO SHOULD SIGN PROCUREMENT CONTRACTS IN LGAs?
Page 1 of 1
Permissions in this forum:
You cannot reply to topics in this forum
|
|
Wed Dec 18, 2019 9:13 pm by yohanaamon@yahoo.com
» Is non-submission of invalid CRB receipt voucher a major deviation?
Tue Dec 17, 2019 1:00 am by RJM
» MAKANDARASI KUWEKWA NDANI KWA KUTOKAMILISHA MIRADI NDANI YA MUDA
Tue Dec 17, 2019 12:46 am by RJM
» How Supplier can register in e-Procurement system (TANePS)
Thu Dec 12, 2019 5:48 am by pms
» Kukosekana risiti ya ununuzi wa tenda
Sat Apr 27, 2019 6:05 pm by ALLY MUNIR
» IS IT TIME TO THINK OF DEACTIVATING TENDER BOARDS AND INTRODUCE A MECHANISM OF PROCUREMENT PROFESSIONAL OPINION?
Thu Apr 11, 2019 3:40 pm by pms
» e-Procurement System is now operational
Thu Apr 11, 2019 3:14 pm by Admin
» TENDA ZINAPOKOSA WAOMBAJI
Thu Jan 10, 2019 10:42 pm by thanksme
» Attendance of District Treasurer in Council Tender Board meetings
Mon Mar 19, 2018 8:57 pm by GWK