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A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...

A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...

A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...

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<strong>General</strong> Conditions <strong>of</strong> the Contract(a)(b)(c)(d)<strong>Corrupt</strong>, fraudulent, and coercive practices as defined in ITB Clause<strong>3.</strong>1 (a);Drawing up or using forged documents;Using adulterated materials, means or methods, or engaging inproduction contrary to rules <strong>of</strong> science or the trade; andAny other act analogous to the foregoing.27. Procedures for Termination <strong>of</strong> Contracts27.<strong>1.</strong> The following provisions shall govern the procedures for termination <strong>of</strong> thisContract:(a)(b)Upon receipt <strong>of</strong> a written report <strong>of</strong> acts or causes which may constituteground(s) for termination as aforementioned, or upon its own initiative,the Implementing Unit shall, within a period <strong>of</strong> seven (7) calendardays, verify the existence <strong>of</strong> such ground(s) and cause the execution <strong>of</strong>a Verified Report, with all relevant evidence attached;Upon recommendation by the Implementing Unit, the Head <strong>of</strong> theProcuring Entity shall terminate this Contract only by a written noticeto the Supplier conveying the termination <strong>of</strong> this Contract. The noticeshall state:(i)(ii)(iii)(iv)that this Contract is being terminated for any <strong>of</strong> the ground(s)afore-mentioned, and a statement <strong>of</strong> the acts that constitute theground(s) constituting the same;the extent <strong>of</strong> termination, whether in whole or in part;an instruction to the Supplier to show cause as to why thisContract should not be terminated; andspecial instructions <strong>of</strong> the Procuring Entity, if any.(c)(d)(e)The Notice to Terminate shall be accompanied by a copy <strong>of</strong> theVerified Report;Within a period <strong>of</strong> seven (7) calendar days from receipt <strong>of</strong> the Notice<strong>of</strong> Termination, the Supplier shall submit to the Head <strong>of</strong> the ProcuringEntity a verified position paper stating why this Contract should not beterminated. If the Supplier fails to show cause after the lapse <strong>of</strong> theseven (7) day period, either by inaction or by default, the Head <strong>of</strong> theProcuring Entity shall issue an order terminating this Contract;The Procuring Entity may, at anytime before receipt <strong>of</strong> the Supplier’sverified position paper to withdraw the Notice to Terminate if it isdetermined that certain items or works subject <strong>of</strong> the notice had beencompleted, delivered, or performed before the Supplier’s receipt <strong>of</strong> thenotice;

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