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Running head: Legal Aspects of ProcurementLegal Aspects of ProcurementName:Institution:Course:Date:
Legal Aspects of Procurement2The policymakers, technologists, and business managers are progressively turning to Information Technology to improve the service delivery with the same resources or fewer. However, IT procurement poses some challenges due to the rapid pace of lengthy timeframes and technological advances for these competitive processes. As a result of this nature, contracts can be obsolete even before the process of procurement is complete[Rac10]. For instance, the current contract vehicles for networking, data center technology, and communications did not foresee the innovations such as increasing use of web and video conferencing for training and collaboration, cloud computing, Bring-Your-Own-Device phenomenon and network-connected sensors for facilities management and public safety. Based on the inflexible contracting vehicles, many organizations takes on the burden of developing Requests for Information or reissuing Requests for Proposals. This complicates the process of procurement[Fra091].Contract LawAcceptance and offer are two basic requirements required when forming the binding contract. One of the parties involved makes an offer which has to be accepted by the other party. A contract may not necessarily be in the form of writing or even signed. All it requires is and offer and acceptance. The parties involved must have the intention of creating the legal relations, and the consideration should be passed from one party the other. One thing you should note is that quoting the price for equipment does not amount to an offer. It is an invitation to treat where negotiations among the parties are invited[Fra07].The organization must check the supplier’s terms and conditions before procuring the network infrastructure upgrade equipment. This is due to the cost and time factor required to impose a buyer’s terms and conditions, lack of influence or power which the buyer may have in some circumstances and inexperience of the personnel undertaking the purchasing task. The goal
Legal Aspects of Procurement3of exploring the terms and conditions is minimizing the risk, and it is usually done through passing the risk from one party to the other. The sellers must pass the risk to the buyer[Fra091].To increase the contracts flexibility, instead of specifying the box which meets the specifications such as a number of ports and speed, it considerable to write for architectures or request for solutions that meets the business needs. Such requests for solutions includes the web or video conferencing solutions, data center virtualization, and consolidation solutions to reduce the data center power, space and coding requirements, mobility solutions to enable the eligibility –determination for employees among others[Fra091].