Procedure for the procurement of consulting service - DOH

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MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES e. Within a non-extendible period of ten (10) calendar days from receipt of the verified position paper, the Head of the Procuring Entity shall decide whether or not to terminate this Contract. It shall serve a written notice to the Consultant of its decision and, unless otherwise provided, this Contract is deemed terminated from receipt of the Consultant of the notice of decision. The termination shall only be based on the ground(s) stated in the Notice to Terminate; and f. The Head of the Procuring Entity may create a Contract Termination Review Committee to assist him in the discharge of this function. All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity. 30. Cessation of Services Upon termination of this Contract by notice of either Party to the other pursuant to GCC Clauses 27 or 28 hereof, the Consultant shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultant and equipment and materials furnished by the Procuring Entity, the Consultant shall proceed as provided, respectively, by GCC Clauses 35 or 36 hereof. 31. Payment Upon Termination Upon termination of this Contract pursuant to GCC Clauses 27 or 28 hereof, the Procuring Entity shall make the following payments to the Consultant: a. Remuneration pursuant to GCC Clause 53 hereof for Services satisfactorily performed prior to the effective date of termination; b. Reimbursable expenditures pursuant to GCC Clause 53 hereof for expenditures actually incurred prior to the effective date of termination; and c. In the case of termination pursuant to GCC Clause 27.1 (b) hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of this Contract including the cost of the return travel of the Personnel and their eligible dependents. 32. Disputes about Events of Termination If either Party disputes whether an event specified in GCC Clause 27.1 or in GCC Clause 28 hereof has occurred, such Party may refer the matter to arbitration pursuant to GCC Clause 34 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award. 33. Cessation of Rights and Obligations Upon termination of this Contract pursuant to GCC Clauses 27 or 28 hereof, or upon expiration of this Contract pursuant to GCC Clause 24, all rights and obligations of the Parties hereunder shall cease, except: 282
DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010 a. Such rights and obligations as may have accrued on the date of termination or expiration; b. The obligation of confidentiality set forth in GCC Clause 17 hereof; and c. The Consultant‟s obligation to permit inspection, copying and auditing of their accounts and records set forth in GCC Clauses 51.1 (b) and 51.1 (c) hereof, any right which a Party may have under the Applicable Law. 34. Dispute Settlement 34.1. If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with the implementation of this Contract, the Parties shall make every effort to resolve amicably such dispute or difference by mutual consultation. 34.2. Any and all disputes arising from the implementation of this Contract shall be submitted to arbitration in accordance with the rules of procedure specified in the SCC. 35. Documents Prepared by the Consultant and Software Developed to be the Property of the Procuring Entity 35.1. All plans, drawings, specifications, designs, reports, other documents and software prepared by the Consultant for the Procuring Entity under this Contract shall become and remain the property of the Procuring Entity, and the Consultant shall, prior to termination or expiration of this Contract, deliver all such documents to the Procuring Entity, together with a detailed inventory thereof. The Consultant may retain a copy of such documents and software. The plans, drawings, specifications, designs, reports, other documents and software, including restrictions on future use of such documents and software, if any, shall be specified in the SCC. 35.2. All computer programs developed by the Consultant under this Contract shall be the sole and exclusive property of the Procuring Entity; provided, however, that the Consultant may use such programs for its own use with prior written approval of the Procuring Entity. If license agreements are necessary or appropriate between the Consultant and third parties for purposes of development of any such computer programs, the Consultant shall obtain the Procuring Entity‟s prior written approval to such agreements. In such cases, the Procuring Entity shall be entitled at its discretion to require recovering the expenses related to the development of the program(s) concerned. 36. Equipment and Materials Furnished by the Procuring Entity Equipment and materials made available to the Consultant by the Procuring Entity, or purchased by the Consultant with funds provided by the Procuring Entity, shall be the property of the Procuring Entity and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultant shall make available to the Procuring Entity an inventory of such equipment and materials and shall dispose of such equipment and materials in accordance with the Procuring 283
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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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SECTION 2 GENERAL PRINCIPLES ON CON
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SECTION 3 PREPARING FOR PROCUREMENT
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SECTION 4 PROCUREMENT OF CONSULTING
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NEGOTIATED PROCUREMENT 1. NEGOTIATE
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SECTION 6 GUIDELINES ON CONTRACT IM
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