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termination of contract

Post by nikkimad on Thu Apr 18, 2013 6:23 pm

is a notice of termination of contract irrevocable? Can the procuring entity withdraw/revoke it if the supplier is already amenable to comply with his contractual obligations?
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Re: termination of contract

Post by regina avelino on Mon Apr 22, 2013 9:47 am

The notice to terminate is not irrevocable. "The procuring entity may, at anytime within 7 days before receipt of the Supplier’s/Contractor’s/Consultant’s verified position paper (show cause) to withdraw the Notice to Terminate if it is determined that certain items or works subject of the notice had been completed, delivered, or performed before the Supplier’s/Contractor’s/Consultant’s receipt of the notice.

Also, "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 the contract. It shall serve a written notice to the Supplier/Contractor/Consultant of its decision and, unless otherwise provided, the Contract is deemed terminated from receipt of the Supplier/Contractor/Consultant of the notice of decision. The termination shall only be based on the ground(s) stated in the Notice to Terminate.

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Re: termination of contract

Post by nikkimad on Mon Apr 22, 2013 12:22 pm

Thanks maam regina. If the procuring entity already decided to terminate, can the termination still be withdrawn to give the supplier opportunity to comply with his obligations under the contract? Thanks again in advance.
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