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procurement contract to be notarized or not

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procurement contract to be notarized or not

Post by lowie on Sat Apr 17, 2010 7:42 pm

Just wanna seek everybody's opinion on wether the contract between the procuring entity and the the winning bidder should still be notarized or not. The contract agreement as supported by the GCC and SCC is already a clear indication that both parties agreed all the conditions conformed by the general conditions and special conditions of the contract.

Further, is it still necessary for the both parties to affix their signature on the general conditions and special conditions of the contract?
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Re: procurement contract to be notarized or not

Post by Niwram on Sat Apr 17, 2010 8:38 pm

The revised IRR does not provide for notarization of the contract between the PE and the bidder.. As long as both parties agree and sign the contract it is already binding.
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Re: procurement contract to be notarized or not

Post by riddler on Sat Apr 17, 2010 10:20 pm

lowie wrote:Just wanna seek everybody's opinion on wether the contract between the procuring entity and the the winning bidder should still be notarized or not. The contract agreement as supported by the GCC and SCC is already a clear indication that both parties agreed all the conditions conformed by the general conditions and special conditions of the contract.

Further, is it still necessary for the both parties to affix their signature on the general conditions and special conditions of the contract?

kindly follow this link..

http://gppb.topicsolutions.net/sample-forms-f20/form-of-contract-agreement-for-goods-t695.htm?highlight=form+of+contract+agreement
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Re: procurement contract to be notarized or not

Post by RDV @ GP3i on Sun Apr 18, 2010 2:12 pm

lowie wrote:Just wanna seek everybody's opinion on wether the contract between the procuring entity and the the winning bidder should still be notarized or not. The contract agreement as supported by the GCC and SCC is already a clear indication that both parties agreed all the conditions conformed by the general conditions and special conditions of the contract.

Further, is it still necessary for the both parties to affix their signature on the general conditions and special conditions of the contract?

Notarization is not mandatory for the contract to be binding between the contracting parties.

Notarization only converts a private document into a public document and renders that document admissible in court as evidence without need for further proof of its authenticity. And so, even without notarization, the said contract is valid and enforceable between the 2 contracting parties, barring any other defects in the contract.

The contracting parties no longer need to affix their respective signatures on the GCC and SCC because once the Contract Agreement Form is signed, the GCC and SCC being part of the Contract, is also deemed signed.

If the COA Auditor insists on the Contract Agreement Form being notarized, I suggest you refer said Auditor to COA Memorandum 2010-003, which is the COA Guide in the Audit of Procurement. As I go over said document, which contained over 600 pages, there is nothing in the audit activities and audit working papers which would look at whether the Contract is duly notarized or not.
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Re: procurement contract to be notarized or not

Post by msm326 on Mon Apr 19, 2010 10:20 am

Looking in the PBDs there are no sample forms of the contract that need to be notarized, the old one perhaps but on the new one , it is not.
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