Procedure for the procurement of consulting service - DOH

MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES
May termination be allowed for reasons other than those attributable to the
consultant?
The Procuring Entity, by written notice sent to the consultant, may terminate the
contract, in whole or in part, at any time for its convenience. The notice of termination
shall specify that the termination is for the Procuring Entity‟s convenience, the extent
to which performance of the contractor under the contract is terminated, and the date
upon which such termination becomes effective.
What circumstances may constitute sufficient grounds to terminate a contract
for convenience?
Any of the following circumstances may constitute sufficient grounds to terminate a
contract for convenience:
a. If physical and economic conditions have significantly changed so as to
render the project no longer economically, financially or technically feasible,
as determined by the Head of the Procuring Entity;
b. The Head of the Procuring Entity has determined the existence of conditions
that make project implementation impractical and/or unnecessary, such as,
but not limited to, fortuitous event/s, changes in laws and government
policies;
c. Funding for the project has been withheld or reduced by higher authorities
through no fault of the Procuring Entity; or
d. Any circumstance analogous to the foregoing.
3.2.3 Termination for Insolvency
The Procuring Entity shall terminate the contract if the Supplier/Contractor/
Consultant is declared bankrupt or insolvent as determined with finality by a court of
competent jurisdiction. In this event, termination will be without compensation to the
Supplier/ Contractor/ Consultant, provided that such termination will not prejudice or
affect any right of action or remedy which has accrued or will accrue thereafter to the
Procuring Entity and/or the Supplier/Contractor/Consultant.
3.2.4 Termination for Unlawful Acts
The Procuring Entity may terminate the contract in case it is determined prima facie
that the Supplier/Contractor/Consultant has engaged, before or during the
implementation of the contract, in unlawful deeds and behaviors relative to contract
acquisition and implementation. Unlawful acts include, but are not limited to, the
following:
a. Corrupt, fraudulent, collusive and coercive practices;
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