Procedure for the procurement of consulting service - DOH

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MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES been given or made when received by the concerned party, either in person or through an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such Party at the address specified in the SCC. 15.2. Notice shall be deemed to be effective as specified in the SCC. 15.3. A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in the SCC with respect to GCC Clause 15.2. 16. Warranty as to Eligibility 16.1. The Consultant represents, warrants, and confirms that it, as well as its Sub-Consultant, if any, is eligible, i.e., has the legal personality to act as a consultant in accordance with Part I, issued for this project. 16.2. The Consultant shall fulfill its obligations under this Contract by using knowledge according to the best accepted professional standards. The Consultant shall exercise all reasonable skill, care and diligence in the discharge of duties agreed to be performed and shall work in the best interest of the GOP. 17. Confidentiality Except with the prior written consent of the Procuring Entity, the Consultant and the Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services. For purposes of this clause, “confidential information” means any information or knowledge acquired by the Consultant and/or its Personnel arising out of, or in connection with, the performance of the Services under this Contract that is not otherwise available to the public. 18. Payment 18.1. In consideration of the Services performed by the Consultant under this Contract, the Procuring Entity shall make to the Consultant such payments and in such manner as is provided by GCC Clause 53 of this Contract. However, the Procuring Entity may refuse to make payments when the terms and conditions of the contract are not satisfactorily performed by the Consultant. 18.2. Subject to the ceilings specified in GCC Clause 52 hereof, the Procuring Entity shall pay to the Consultant: (i) remuneration as set forth in GCC Clause 53.2; and (ii) reimbursable expenditures as set forth in GCC Clause 53.4. Said remuneration shall not be subject to price adjustment. 18.3. All payments under this Contract shall be made to the account of the Consultant specified in the SCC. 276
DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010 19. Currency of Payment All payments shall be made in Philippine Pesos. 20. Liability of the Consultant Subject to additional provisions, if any, set forth in the SCC, the Consultant‟s liability under this Contract shall be as provided by the laws of the Republic of the Philippines. 21. Insurance to be Taken Out by the Consultant 21.1. The Consultant, at its own cost, shall be responsible for taking out or maintaining any insurance policy against any risk related to the project. 21.2. The Procuring Entity undertakes no responsibility in respect of life, health, accident, travel or any other insurance coverage for the Personnel or for the dependents of any such Personnel. 22. Effectivity of Contract This Contract shall take effect on the date of the Consultant‟s receipt of the NTP, in accordance with ITB Clause 32 provided that the effectiveness of the conditions, if any, listed in the SCC have been met. 23. Commencement of Services The Consultant shall begin carrying out the Services starting from the effectivity date of this Contract, as mentioned in GCC Clause 22. 24. Expiration of Contract Unless sooner terminated pursuant to GCC Clauses 27 or 28 hereof, this Contract shall terminate at the end of such time period after the effectivity date as shall be specified in the SCC. 25. Force Majeure 25.1. For purposes of this Contract the terms “force majeure” and “fortuitous event” may be used interchangeably. In this regard, a fortuitous event or force majeure shall be interpreted to mean an event which the Consultant could not have foreseen, or which though foreseen, was inevitable. It shall not include ordinary unfavorable weather conditions; and any other cause the effects of which could have been avoided with the exercise of reasonable diligence by the Consultant. 25.2. The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of force majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract. 25.3. Unless otherwise agreed herein, force majeure shall not include: 277
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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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