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Contract Essay

5216 words - 21 pages

Republic of the Philippines
Capitol Compound, Malaybalay City

General Conditions of the Contract


1. Definitions

1.1 In this Contract, the following terms shall be interrupted indicated:

a) “The Contract “ means the agreement entered into between the PROCURING ENTITY and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

b) “The Contract Price” means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations.

c) “The ...view middle of the document...

All performance obligations shall be reckoned from the Effective Date of the Contract.

m) “EXW” means Ex Works

n) “FCA” means Free Carriage.

o) “FOB” means Free on Board.

p) “CIF” means Cost, Insurance and Freight.

q) “CIP” means Carriage and Insurance paid to.

r) “DDP” means Delivered Duty Paid

2. Corrupt and Fraudulent Practices

1. Both the GOP and the Funding Source require that PROCURING ENTITIES as bidders, suppliers, contractors, shall observe the highest standard of ethics during the procurement and execution of such contracts. In purchase of this policy, the GOP/PROCURING ENTITY and the Funding Source.

a. defines for the purpose of this provision, the terms set fourth below as follows:

i. “corrupt practice” means behavior on the part of officials in the public bidding or private sectors by which they improperly and unlawfully enrich themselves and/or those close to them, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer or will profit thereby.

ii. “fraudulent practice” means misinterpretation of facts in order to influence a procurement process of the execution of a contract to the detriment of the borrower, and includes collusive practices among Bidders (prior to or after the Bid submission) designed to establish Bid prices at artificial, non-competitive levels and to deprive the borrower of the benefits of free and open competition.

iii. “collusive practices” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the PROVINCIAL GOVERNMENT OF BUKIDNON, designed to establish Bid prices at artificial, non-competitive levels;

iv. “coercive practices” means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract.

b. will reject a proposal for award if it determine that the Bidder recommend for award has engaged in corrupt or fraudulent practices in competing for the Contract; and

c. will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded Contract funded by the Funding Source if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a Contract funded by the Funding Source.

2. Further the Funding Source, Borrower or PROCURING ENTITY, as appropriate, will seek to impose the maximum, civil, administrative and/or criminal penalties available under the applicable law...

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