Procedure for the procurement of consulting service - DOH

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MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES payable to the Consultant under this Contract shall be increased or decreased on a no loss-no gain basis, and corresponding adjustments shall be made to the ceiling amounts specified in GCC Clause 52, provided that the cost is within the Approved Budget for the Contract (ABC). 5. Language This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. 6. Consultants and Affiliates Not to Engage in Certain Activities 6.1. The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-Consultant and any entity affiliated with such Sub-Consultant, shall be disqualified from providing goods, works, or consulting services for any project resulting from or closely related to this Contract other than the Services and any continuation thereof provided there is no current or future conflict. 6.2. The Consultant shall not engage, and shall cause their Personnel as well as their Sub- Consultants and their Personnel not to engage, either directly or indirectly, in any of the following activities: a. During the term of this Contract, any business or professional activities in the Government‟s country which would conflict with the activities assigned to them under this Contract; and b. After the termination of this Contract, such other activities as may be specified in the SCC. 7. Authority of Member in Charge In case the Consultant is a JV, the Members hereby authorize the entity specified in the SCC to act on their behalf in exercising all the Consultant‟s rights and obligations towards the Procuring Entity under this Contract, including without limitation the receiving of instructions and payments from the Procuring Entity. 8. Resident Project Manager If required by the SCC, the Consultant shall ensure that at all times during the Consultant‟s performance of the Services in the Government‟s country, a resident project manager, acceptable to the Procuring Entity, shall take charge of the performance of such Services. 9. Entire Agreement This Contract, including the documents specified in Section 37.2.3 of the IRR, contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either 274
DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010 Party has authority to make any statement, representation, promise, or agreement not set forth herein of which the Parties shall not be bound by or be liable for. 10. Modification Unless otherwise specified in the SCC, no modification of the terms and conditions of this Contract, including any modification of the scope of the Services shall be allowed. Pursuant to GCC Clause 14 hereof, however, each Party shall give due consideration to any proposal for modification made by the other Party. 11. Relationship of Parties 11.1. Nothing contained herein shall be construed as establishing a relation of employer and employee or of principal and agent as between the Procuring Entity and the Consultant. The Consultant, subject to this Contract, has complete charge of its Personnel and Sub- Consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder. 11.2. The Consultant shall during the performance of the Services be an independent contractor, retaining complete control over its Personnel, conforming to all statutory requirements with respect to all its employees, and providing all appropriate employee benefits. 12. Authorized Representatives Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Procuring Entity or the Consultant may be taken or executed by the officials specified in the SCC. 13. Good Faith The Parties undertake to act in good faith with respect to each other‟s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract. 14. Operation of the Contract The Parties recognize that it is impractical for this Contract to provide for every contingency which may arise during the life of this Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them; and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties shall use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with GCC Clause 34 hereof. 15. Notices 15.1. Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have 275
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DOH Customized Procurement Manuals
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Executive Summary The role of publi
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MANUAL PROCEDURES FOR THE PROCUREME
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SECTION 1 INTRODUCTION
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Procedure for the procurement of consulting service - DOH

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