Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

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(v)Renewal of the effectivity dates of the performance securityafter its expiration during the course of contractimplementation.(c)(d)Assignment and subcontracting of the contract or any part thereof orsubstitution of key personnel named in the proposal without priorwritten approval by the procuring entity.Poor performance by the contractor or unsatisfactory quality and/orprogress of work arising from his fault or negligence as reflected in theConstructor's Performance Evaluation System (“CPES”) rating sheet.In the absence of the CPES rating sheet, the existing performancemonitoring system of the procuring entity shall be applied. Any of thefollowing acts by the Contractor shall be construed as poorperformance:(i)(ii)Negative slippage of 15% and above within the critical path ofthe project due entirely to the fault or negligence of thecontractor; andQuality of materials and workmanship not complying with theapproved specifications arising from the contractor's fault ornegligence.(e)Willful or deliberate abandonment or non-performance of the projector contract by the contractor resulting to substantial breach thereofwithout lawful and/or just cause.In addition to the penalty of suspension, the performance security posted bythe contractor shall also be forfeited.20. Force Majeure, Release from Performance20.1. For purposes of this Contract the terms “force majeure” and “fortuitousevent” may be used interchangeably. In this regard, a fortuitous event orforce majeure shall be interpreted to mean an event which the Contractorcould not have foreseen, or which though foreseen, was inevitable. It shallnot include ordinary unfavorable weather conditions; and any other causethe effects of which could have been avoided with the exercise of reasonablediligence by the Contractor.20.2. If this Contract is discontinued by an outbreak of war or by any other evententirely outside the control of either the Procuring Entity or the Contractor,the Procuring Entity’s Representative shall certify that this Contract hasbeen discontinued. The Contractor shall make the Site safe and stop work asquickly as possible after receiving this certificate and shall be paid for allworks carried out before receiving it and for any Work carried outafterwards to which a commitment was made.60
20.3. If the event continues for a period of eighty four (84) days, either party maythen give notice of termination, which shall take effect twenty eight (28)days after the giving of the notice.20.4. After termination, the Contractor shall be entitled to payment of the unpaidbalance of the value of the Works executed and of the materials and Plantreasonably delivered to the Site, adjusted by the following:(a) any sum to which the Contractor is entitled under GCC Clause 28;(b)(c)the cost of his suspension and demobilization;any sum to which the Procuring Entity is entitled.20.5. The net balance due shall be paid or repaid within a reasonable time periodfrom the time of the notice of termination.21. Resolution of Disputes21.1. If any dispute or difference of any kind whatsoever shall arise between theparties in connection with the implementation of the contract covered by theAct and this IRR, the parties shall make every effort to resolve amicablysuch dispute or difference by mutual consultation.21.2. If the Contractor believes that a decision taken by the PROCURINGENTITY’s Representative was either outside the authority given to thePROCURING ENTITY’s Representative by this Contract or that thedecision was wrongly taken, the decision shall be referred to the Arbiterindicated in the SCC within fourteen (14) days of the notification of thePROCURING ENTITY’s Representative’s decision.21.3. Any and all disputes arising from the implementation of this Contractcovered by the R.A. 9184 and its IRR shall be submitted to arbitration in thePhilippines according to the provisions of Republic Act No. 876, otherwiseknown as the “ Arbitration Law” and Republic Act 9285, otherwise knownas the “Alternative Dispute Resolution Act of 2004”: Provided, however,That, disputes that are within the competence of the Construction IndustryArbitration Commission to resolve shall be referred thereto. The process ofarbitration shall be incorporated as a provision in this Contract that will beexecuted pursuant to the provisions of the Act and its IRR: Provided,further, That, by mutual agreement, the parties may agree in writing to resortto other alternative modes of dispute resolution.22. Suspension of Loan, Credit, Grant, or AppropriationIn the event that the Funding Source suspends the Loan, Credit, Grant, orAppropriation to the Procuring Entity, from which part of the payments to theContractor are being made:(a)The Procuring Entity is obligated to notify the Contractor of such suspensionwithin seven (7) days of having received the suspension notice.61
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PHILIPPINE BIDDING DOCUMENTS(As Har
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(c)(d)(e)This Preface and the footn
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Section I. Invitation to BidNotes o
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It may also be downloaded free of c
Page 9 and 10: TABLE OF CONTENTSA. GENERAL .......
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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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