Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

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(c)(d)(e)does not execute the Works in accordance with this Contract orpersistently or flagrantly neglects to carry out its obligations under thisContract;neglects or refuses to remove materials or to perform a new Work thathas been rejected as defective or unsuitable; orsub-lets any part of this Contract without approval by the ProcuringEntity.16.5. All materials on the Site, Plant, Equipment, and Works shall be deemed tobe the property of the Procuring Entity if this Contract is rescinded becauseof the Contractor’s default.17. Termination for Default of Procuring EntityThe Contractor may terminate this Contract with the Procuring Entity if the works arecompletely stopped for a continuous period of at least sixty (60) calendar daysthrough no fault of its own, due to any of the following reasons:(a)(b)Failure of the Procuring Entity to deliver, within a reasonable time, supplies,materials, right-of-way, or other items it is obligated to furnish under the termsof this Contract; orThe prosecution of the Work is disrupted by the adverse peace and ordersituation, as certified by the Armed Forces of the Philippines ProvincialCommander and approved by the Secretary of National Defense.18. Termination for Other Causes18.1. The Procuring Entity may terminate this Contract, in whole or in part, at anytime for its convenience. The Head of the Procuring Entity may terminatethis Contract for the convenience of the Procuring Entity if he hasdetermined the existence of conditions that make Project Implementationeconomically, financially or technically impractical and/or unnecessary,such as, but not limited to, fortuitous event(s) or changes in law and NationalGovernment policies.18.2. The Procuring Entity or the Contractor may terminate this Contract if theother party causes a fundamental breach of this Contract.18.3. Fundamental breaches of Contract shall include, but shall not be limited to,the following:(a)The Contractor stops work for twenty eight (28) days when nostoppage of work is shown on the current Program of Work and thestoppage has not been authorized by the Procuring Entity’sRepresentative;56
(b)(c)(d)(e)(f)(g)(h)The Procuring Entity’s Representative instructs the Contractor to delaythe progress of the Works, and the instruction is not withdrawn withintwenty eight (28) days;The Procuring Entity shall terminate this Contract if the Contractor isdeclared bankrupt or insolvent as determined with finality by a court ofcompetent jurisdiction. In this event, termination will be withoutcompensation to the Contractor, provided that such termination willnot prejudice or affect any right of action or remedy which has accruedor will accrue thereafter to the Procuring Entity and/or the Contractor.In the case of the Contractor's insolvency, any Contractor's Equipmentwhich the Procuring Entity instructs in the notice is to be used until thecompletion of the Works;A payment certified by the Procuring Entity’s Representative is notpaid by the Procuring Entity to the Contractor within eighty four (84)days from the date of the Procuring Entity’s Representative’scertificate;The Procuring Entity’s Representative gives Notice that failure tocorrect a particular Defect is a fundamental breach of Contract and theContractor fails to correct it within a reasonable period of timedetermined by the Procuring Entity’s Representative;The Contractor does not maintain a Security, which is required;The Contractor has delayed the completion of the Works by thenumber of days for which the maximum amount of liquidated damagescan be paid, as defined in the GCC Clause 9; andIn case it is determined prima facie by the Procuring Entity that theContractor has engaged, before or during the implementation of thecontract, in unlawful deeds and behaviors relative to contractacquisition and implementation, such as, but not limited to, thefollowing:(i)(ii)(iii)(iv)corrupt, fraudulent, collusive, coercive, and obstructivepractices as defined in ITB Clause 3.1(a), unless otherwisespecified in the SCC;drawing up or using forged documents;using adulterated materials, means or methods, or engaging inproduction contrary to rules of science or the trade; andany other act analogous to the foregoing.18.4. The Funding Source or the Procuring Entity, as appropriate, will seek toimpose the maximum civil, administrative and/or criminal penaltiesavailable under the applicable law on individuals and organizations deemedto be involved with corrupt, fraudulent, or coercive practices.57
Page 1 and 2:
PHILIPPINE BIDDING DOCUMENTS(As Har
Page 3 and 4:
(c)(d)(e)This Preface and the footn
Page 5 and 6: Section I. Invitation to BidNotes o
Page 7 and 8: It may also be downloaded free of c
Page 9 and 10: TABLE OF CONTENTSA. GENERAL .......
Page 11 and 12: 29. Dayworks.......................
Page 13 and 14: Procuring Entity, designed to estab
Page 15 and 16: (a)(b)(c)(d)If the Bidder is an ind
Page 17 and 18: 6.1. The Bidder or its duly authori
Page 19 and 20: 9. Pre-Bid Conferencesubcontractor
Page 21 and 22: (iii.6) contractor’s role (whethe
Page 23 and 24: 14. Alternative Bidsas well as prev
Page 25 and 26: 18.1. The bid security in the amoun
Page 27 and 28: 19. Format and Signing of Bids19.1.
Page 29 and 30: 23.4. No bid may be modified after
Page 31 and 32: (a)(b)The detailed evaluation of th
Page 33 and 34: een a change in the Bidder’s capa
Page 35 and 36: (a)(b)(c)(d)(e)(f)(g)Contract Agree
Page 37 and 38: Section III. Bid Data SheetNotes on
Page 39 and 40: updated file of his Class “A” D
Page 41 and 42: Section IV. General Conditions of C
Page 43 and 44: 30. CONTRACT AWARD ................
Page 45 and 46: 1. DefinitionsFor purposes of this
Page 47 and 48: 1.27. The Start Date, as specified
Page 49 and 50: Contractor shall ensure that the pe
Page 51 and 52: Contract, the Procuring Entity shal
Page 53 and 54: credit shall be confirmed orauthent
Page 55: and third parties, and/or order the
Page 59 and 60: the notice had been completed, deli
Page 61 and 62: 20.3. If the event continues for a
Page 63 and 64: additional costs. No payment shall
Page 65 and 66: 32. Management Conferences32.1. Eit
Page 67 and 68: 39. Advance Payment39.1. The Procur
Page 69 and 70: demand, of amounts equivalent to th
Page 71 and 72: 44. Contract CompletionOnce the pro
Page 73 and 74: negligence of Contractor to provide
Page 75 and 76: Section V. Special Conditions of Co
Page 77 and 78: 7.4(c)No further instructions.7.7 N
Page 79 and 80: Procuring Entity’s Representative
Page 81 and 82: TECHNICAL SPECIFICATIONSImprovement
Page 83 and 84: Section VII. DrawingsList of Drawin
Page 85 and 86: Bill of Quantities as a particular
Page 87 and 88: Bid FormDate: _____________________
Page 89 and 90: Form of Contract AgreementTHIS AGRE
Page 91 and 92: Omnibus Sworn StatementREPUBLIC OF
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