Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

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18.5. When persons from either party to this Contract gives notice of afundamental breach to the Procuring Entity’s Representative in order toterminate the existing contract for a cause other than those listed under GCCClause 18.3, the Procuring Entity’s Representative shall decide whether thebreach is fundamental or not.18.6. If this Contract is terminated, the Contractor shall stop work immediately,make the Site safe and secure, and leave the Site as soon as reasonablypossible.19. Procedures for Termination of Contracts19.1. The following provisions shall govern the procedures for the termination ofthis Contract:(a)(b)Upon receipt of a written report of acts or causes which may constituteground(s) for termination as aforementioned, or upon its own initiative,the Procuring Entity shall, within a period of seven (7) calendar days,verify the existence of such ground(s) and cause the execution of aVerified Report, with all relevant evidence attached;Upon recommendation by the Procuring Entity, the Head of theProcuring Entity shall terminate this Contract only by a written noticeto the Contractor conveying the termination of this Contract. Thenotice shall state:(i)(ii)(iii)(iv)that this Contract is being terminated for any of the ground(s)afore-mentioned, and a statement of the acts that constitute theground(s) constituting the same;the extent of termination, whether in whole or in part;an instruction to the Contractor to show cause as to why thisContract should not be terminated; andspecial instructions of the Procuring Entity, if any.The Notice to Terminate shall be accompanied by a copy of theVerified Report;(c)(d)Within a period of seven (7) calendar days from receipt of the Noticeof Termination, the Contractor shall submit to the Head of theProcuring Entity a verified position paper stating why the contractshould not be terminated. If the Contractor fails to show cause afterthe lapse of the seven (7) day period, either by inaction or by default,the Head of the Procuring Entity shall issue an order terminating thecontract;The Procuring Entity may, at anytime before receipt of the Bidder’sverified position paper described in item (c) above withdraw the Noticeto Terminate if it is determined that certain items or works subject of58
the notice had been completed, delivered, or performed before theContractor’s receipt of the notice;(e)(f)Within a non-extendible period of ten (10) calendar days from receiptof the verified position paper, the Head of the Procuring Entity shalldecide whether or not to terminate this Contract. It shall serve awritten notice to the Contractor of its decision and, unless otherwiseprovided in the said notice, this Contract is deemed terminated fromreceipt of the Contractor of the notice of decision. The terminationshall only be based on the ground(s) stated in the Notice to Terminate;andThe Head of the Procuring Entity may create a Contract TerminationReview Committee (CTRC) to assist him in the discharge of thisfunction. All decisions recommended by the CTRC shall be subject tothe approval of the Head of the Procuring Entity.19.2. Pursuant to Section 69(f) of RA 9184 and without prejudice to theimposition of additional administrative sanctions as the internal rules of theagency may provide and/or further criminal prosecution as provided byapplicable laws, the procuring entity shall impose on contractors after thetermination of the contract the penalty of suspension for one (1) year for thefirst offense, suspension for two (2) years for the second offense fromparticipating in the public bidding process, for violations committed duringthe contract implementation stage, which include but not limited to thefollowing:(a)(b)Failure of the contractor, due solely to his fault or negligence, tomobilize and start work or performance within the specified period inthe Notice to Proceed (“NTP”);Failure by the contractor to fully and faithfully comply with itscontractual obligations without valid cause, or failure by the contractorto comply with any written lawful instruction of the procuring entity orits representative(s) pursuant to the implementation of the contract.For the procurement of infrastructure projects or consultancy contracts,lawful instructions include but are not limited to the following:(i)(ii)(iii)(iv)Employment of competent technical personnel, competentengineers and/or work supervisors;Provision of warning signs and barricades in accordance withapproved plans and specifications and contract provisions;Stockpiling in proper places of all materials and removal fromthe project site of waste and excess materials, including brokenpavement and excavated debris in accordance with approvedplans and specifications and contract provisions;Deployment of committed equipment, facilities, support staffand manpower; and59
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PHILIPPINE BIDDING DOCUMENTS(As Har
Page 3 and 4:
(c)(d)(e)This Preface and the footn
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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 56: and third parties, and/or order the
Page 57: (b)(c)(d)(e)(f)(g)(h)The Procuring
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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