Procedure for the procurement of consulting service - DOH

DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010
Can the consultant suspend work?
The consultant may, by written notice of suspension, suspend work on any or all activities affected by the
following:
1. Failure on the part of the Procuring Entity to deliver government-furnished equipment, resources,
reports or data as stipulated in the contract;
2. Peace and order conditions that make it extremely dangerous, if not impossible, to work, provided
that the consultant secures a written certification from the Philippine National Police station that
has responsibility over the affected area, as confirmed by the Department of the Interior and Local
Government Regional Director, that such conditions exist; or
3. Delay in the payment of consultant‟s claim for progress billing beyond forty five (45) calendar days
from the time the consultant‟s claim has been certified by the Procuring Entity as being supported
by complete documentation and a notice from the consultant has been received by the Procuring
Entity that such payment is overdue, unless there are justifiable reasons which shall be
communicated in writing to the consultants.
When can a Procuring Entity order the resumption of work?
The Procuring Entity can order the resumption of work if the grounds for work suspension no longer exist
and the continuation of the work is practicable.
Should the period when work was suspended be considered in extending the contract time?
Yes, but only in cases when the total suspension or the suspension of activities along the critical path is not
due to the fault of the consultant. In such cases, the elapsed time between the effective order suspending
operation and the order to resume work shall be considered in the adjustment/extension of contract time.
WARRANTY
What is a warranty and when is it required?
A warranty is an assurance that the consultant who prepared the design or undertook construction
supervision for the project shall be held liable when structural defects and/or failures arise during the
applicable warranty period due to faulty and/or inadequate design and specifications as well as construction
supervision. It is required of a consultant for detailed engineering design and construction supervision, but
may also be incorporated as a provision of the contract for other consulting services, as mutually agreed
upon by the consultant and the Procuring Entity. (Please refer to the Warranty Section of the Manual on the
Procurement of Infrastructure Projects for a more detailed discussion on the Warranty.)
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