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Use of discretion by contract principal

Contract administrator constantly faces the challenge of selecting the right procurement method in tandem with the basic need to achieve required performance in cost, time and quality. To achieve the required performance, tender process is carried out in which the contract administrator states the r...

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Main Author: Tuah, Mohd. Zaidi
Format: Thesis
Language:English
Published: 2011
Subjects:
TX955-985 Building management
Online Access:http://eprints.utm.my/id/eprint/36676/1/MohdZaidiTuahMFAB2011.pdf
http://eprints.utm.my/id/eprint/36676/
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spelling my.utm.366762018-05-27T08:14:08Z http://eprints.utm.my/id/eprint/36676/ Use of discretion by contract principal Tuah, Mohd. Zaidi TX955-985 Building management Contract administrator constantly faces the challenge of selecting the right procurement method in tandem with the basic need to achieve required performance in cost, time and quality. To achieve the required performance, tender process is carried out in which the contract administrator states the requirements starting from the notice of invitation to treat. There are rules and procedure to be complied with by the tenderers in the tendering process and the tenderer that best meet all the criterion would likely be awarded with the contract. However, what if the contract administrator deviates from rules and procedure and use his discretion in view of certain circumstances in the tender process. This study seeks to find the limit on the use of discretion by the principal, contract administrator or contracting authorities in general. The scope of this study is limited to the tender process. The methodology used involves several stages starting from initial study and concluded with a write up. The data from literature review and law cases are analyzed. From the relevant law cases, it appears that use of discretion is controlled by such principles as proportionality, equality of treatment, transparency, legitimate expectation and non-discrimination. 2011-05 Thesis NonPeerReviewed application/pdf en http://eprints.utm.my/id/eprint/36676/1/MohdZaidiTuahMFAB2011.pdf Tuah, Mohd. Zaidi (2011) Use of discretion by contract principal. Masters thesis, Universiti Teknologi Malaysia, Faculty of Built Environment.
institution Universiti Teknologi Malaysia
building UTM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Malaysia
content_source UTM Institutional Repository
url_provider http://eprints.utm.my/
language English
topic TX955-985 Building management
spellingShingle TX955-985 Building management
Tuah, Mohd. Zaidi
Use of discretion by contract principal
description Contract administrator constantly faces the challenge of selecting the right procurement method in tandem with the basic need to achieve required performance in cost, time and quality. To achieve the required performance, tender process is carried out in which the contract administrator states the requirements starting from the notice of invitation to treat. There are rules and procedure to be complied with by the tenderers in the tendering process and the tenderer that best meet all the criterion would likely be awarded with the contract. However, what if the contract administrator deviates from rules and procedure and use his discretion in view of certain circumstances in the tender process. This study seeks to find the limit on the use of discretion by the principal, contract administrator or contracting authorities in general. The scope of this study is limited to the tender process. The methodology used involves several stages starting from initial study and concluded with a write up. The data from literature review and law cases are analyzed. From the relevant law cases, it appears that use of discretion is controlled by such principles as proportionality, equality of treatment, transparency, legitimate expectation and non-discrimination.
format Thesis
author Tuah, Mohd. Zaidi
author_facet Tuah, Mohd. Zaidi
author_sort Tuah, Mohd. Zaidi
title Use of discretion by contract principal
title_short Use of discretion by contract principal
title_full Use of discretion by contract principal
title_fullStr Use of discretion by contract principal
title_full_unstemmed Use of discretion by contract principal
title_sort use of discretion by contract principal
publishDate 2011
url http://eprints.utm.my/id/eprint/36676/1/MohdZaidiTuahMFAB2011.pdf
http://eprints.utm.my/id/eprint/36676/
_version_ 1643649999354986496
score 13.211869

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