Asphalt Overlay of CDC Roads - Clark Freeport Zone

(e)(f)Within a non-extendible period of ten (10) calendar days fromreceipt of the verified position paper, the Head of the ProcuringEntity shall decide whether or not to terminate this Contract. Itshall serve a written notice to the Contractor of its decision and,unless otherwise provided in the said notice, this Contract isdeemed terminated from receipt of the Contractor of the noticeof decision. The termination shall only be based on theground(s) stated in the Notice to Terminate; andThe Head of the Procuring Entity may create a ContractTermination Review Committee (CTRC) to assist him in thedischarge of this function. All decisions recommended by theCTRC shall be subject to the approval of the Head of theProcuring Entity.19.2. Pursuant to Section 69(f) of RA 9184 and without prejudice to theimposition of additional administrative sanctions as the internal rules ofthe agency may provide and/or further criminal prosecution asprovided by applicable laws, the procuring entity shall impose oncontractors after the termination of the contract the penalty ofsuspension for one (1) year for the first offense, suspension for two (2)years for the second offense from participating in the public biddingprocess, for violations committed during the contract implementationstage, which include but not limited to the following:(a)(b)Failure of the contractor, due solely to his fault or negligence, tomobilize and start work or performance within the specifiedperiod in the Notice to Proceed (“NTP”);Failure by the contractor to fully and faithfully comply with itscontractual obligations without valid cause, or failure by thecontractor to comply with any written lawful instruction of theprocuring entity or its representative(s) pursuant to theimplementation of the contract. For the procurement ofinfrastructure projects or consultancy contracts, lawfulinstructions include but are not limited to the following:(i) Employment of competent technical personnel,competent engineers and/or work supervisors;(ii)(iii)Provision of warning signs and barricades in accordancewith approved plans and specifications and contractprovisions;Stockpiling in proper places of all materials and removalfrom the project site of waste and excess materials,including broken pavement and excavated debris in59Clark Development CorporationSection IV General Conditions of the ContractAsphalt Overlay of CDC Roads