termination on contract of lease

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termination on contract of lease

Post by joelcarlo_15 on Mon Aug 01, 2011 5:44 pm

gud day...
are there any penalties or sanctions with regards to contract termination on the side of the procuring entity??

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Re: termination on contract of lease

Post by ikuz23 on Tue Aug 02, 2011 9:51 am

gud am.

this link might help ra 9485 ARTA Very Happy
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Re: termination on contract of lease

Post by joelcarlo_15 on Tue Aug 02, 2011 12:13 pm

tnx...

another query...we are a GFI...now our new head did not approve the budget for our lease...but the contract has already been awarded to the bidder...can we use the termination for convenience as ground for the disapproval of our new head with regards to the contract??

B. Termination for Convenience
The Procuring Entity may terminate the Contract, in whole or in part, at any time for its convenience. The Head of the Procuring Entity may terminate a contract for the convenience of the Government if he has determined the existence of conditions that make Project Implementation economically, financially or technically impractical and/or unnecessary, such as, but not limited to, fortuitous event(s) or changes in law and national government policies.


could we also use the guidelines on LGUs which is more specific...

7.6. Termination of Contract for Convenience
The LCE, by written notice sent to the contractor, may terminate the contract, in
whole or in part, at any time for its convenience. The notice of termination shall
specify that the termination is for the LGU’s convenience, the extent to which
performance of the contractor under the contract is terminated, and the date upon
which such termination becomes effective.
Any of the following circumstances may constitute sufficient grounds to terminate a
contract for convenience:
1. If physical and economic conditions have significantly changed so as to render the
project no longer economically, financially or technically feasible, as determined
by the LCE;
2. The LCE has determined the existence of conditions that make project
implementation impractical and/or unnecessary, such as, but not limited to,
fortuitous event/s, changes in laws and government policies;
3. Funding for the project has been withheld or reduced by higher authorities
through no fault of the LGU;


could you please comment...tnx

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Re: termination on contract of lease

Post by engrjhez® on Tue Aug 02, 2011 1:49 pm

joelcarlo_15 wrote:tnx...

another query...we are a GFI...now our new head did not approve the budget for our lease...but the contract has already been awarded to the bidder...can we use the termination for convenience as ground for the disapproval of our new head with regards to the contract??

x x x

could you please comment...tnx

You need to diagnose back the requirements. Since there is already a contract, then there must already be an Award Resolution (from the BAC). It follows that if there is a BAC Resolution for Award, then there was a procurement process undertaken. If there is a procurement undertaken, then it must be in accordance with the approved Annual Procurement Plan (APP).

My question: Was the procurement NOT in accordance in the approved APP? or was the procurement not yet in the APP before it was undertaken? Smile
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Re: termination on contract of lease

Post by joelcarlo_15 on Thu Aug 04, 2011 11:56 am

engrjhez® wrote:
joelcarlo_15 wrote:tnx...

another query...we are a GFI...now our new head did not approve the budget for our lease...but the contract has already been awarded to the bidder...can we use the termination for convenience as ground for the disapproval of our new head with regards to the contract??

x x x

could you please comment...tnx

You need to diagnose back the requirements. Since there is already a contract, then there must already be an Award Resolution (from the BAC). It follows that if there is a BAC Resolution for Award, then there was a procurement process undertaken. If there is a procurement undertaken, then it must be in accordance with the approved Annual Procurement Plan (APP).

My question: Was the procurement NOT in accordance in the approved APP? or was the procurement not yet in the APP before it was undertaken? Smile

it was included in the APP...but since we changed VP the new one didnt approve the rate and asked that we look for another space lower than the approved amount...she said that it was too extravagant (the price). the contract wasnt awarded yet and it was still for review even though the bidding was already given notice of award...when the new VP came for the review of the contract,there she found out about the rate...but it was already approved by the mgmt from our Head office.

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