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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Bibliographic Details
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
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id	my-utm-ep.36676
record_format	uketd_dc
spelling	my-utm-ep.366762018-05-27T08:14:08Z Use of discretion by contract principal 2011-05 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 http://eprints.utm.my/id/eprint/36676/ http://eprints.utm.my/id/eprint/36676/1/MohdZaidiTuahMFAB2011.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
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
qualification_level	Master's degree
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
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2011
url	http://eprints.utm.my/id/eprint/36676/1/MohdZaidiTuahMFAB2011.pdf
_version_	1747816442606125056

Use of discretion by contract principal

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