Negotiation and contracting in procurement and supply

1) You have successfully concluded a tender process and the appropriate approvals secured for a turnkey construction project in respect of (AMENFI) 25km of a dual carriage highway. The legal regime and or governance framework of your organization require that a contract is duly executed prior to commissioning the chosen and approved main contract. a) Evaluate and operationalize the following decision and responsibility matrices from the crafting or creating, review and execution of the contract: i. The RACI Matrix ii. DARE Matrix b) Assuming that the main contractor is foreign, logically demonstrate how you can effectively operationalize and institute a local content framework within the project life cycle and why? c) Demonstrate a recommended contracting regime from your perspective, that you will consider as most suitable for this project and why? d) Effectively articulate how you will manage the following in respect of this project: Bid Security Performance Security Bank Guarantee Defect liability e) Giving that the entire project is completed, handed over and in use, and five (5) months after the agreed defect liability period had lapsed, a major damage had occurred on the constructed highway. Briefly highlight how you will remediate this development. f) Highlight the structure of the payment terms to be considered and negotiated for implementation. g) ROLL, CEE & ROYCE Plc, a German Construction firm and an unsuccessful participant in the tender process, and prior to executing the construction contract with the approved vendor, had officially, and through is legal advisors, written a complaint to your management, expressing dissatisfaction regarding the tender process and to the extent that events they consider as irregular necessitated their inability to win the process. In their complaint, they claimed among other things that: Time and language differences could be a contributing factor as they are aware that the committee that oversaw the tender processes arent German proficient and critical aspect of the technical submissions were better presented in German language. The time zones for technical presentations were also unfavourable to them and this they considered unfair. They also indicated that they are aware the vendor approved does not have track record and the technical capability to execute the project, in a manner that deliver value. Furthermore, they indicated that their overall project commercials were 35% lower than the total value of the project being awarded to the said approved and preferred contractor. Additionally, they tendered evidence that one of the directors and a majority shareholder of the awardee company has been blacklisted from conducting business globally for breach of anti-corruption provisions in the Foreign Corrupt Practices Act (FCPA) of the United States of America. The complainant is making claim for liquidated damages up to the total cost of their participation in the entire tender processes that took more than 5 months of their involvement. REQUIRED: 1. As the Director of Procurement and having overall responsibility for this project, management has referred this matter to your desk for your reviewed directions and recommendations. 2. Consider that this project was executed under the governanceship of the Public Procurement Act of Ghana, Act 2003 (ACT663) as amended Act 2016 (ACT914), wherein, Part 7, Section 78 to 82 of the Act outline Complaints and Administrative Review guidelines. Demonstrate how you will address this complaint in terms of the right of the participants in a tender process to complain, the complaint procedures, administrative review and suspension of procurement proceedings.