Cap.22:23 Pusuc PROCUREMENT AND DISPOSAL OF Pusuc AssETs No.S/2017 (7) At any stage after a review panel has been appointed and before it delivers its decision, the panel may, upon the application of the procuring entity, cancel the automatic suspension of the procurement proceedings imposed by section 74(4), if the procuring entity satisfies the panel that continuation of the suspension would cause disproportionate harm to the public interest, to the procuring entity or to other suppliers and contractors. n Appeal to Administrative Court against decision of review panel ( 1) A bidder or a procuring entity aggrieved by a decision of a review panel may appeal against the decision to the Administrative Court within twenty days after the panel's decision was notified to the party concerned. (2) In an appeal the Administrative Court shall not set aside the decision of the review panel but may award fair and adequate compensation to the appellant for any patrimonial loss or damage the appellant may have suffered. PART XI PRoCUREMENT CONTRACTs 78 Procurement contract ( 1) Where possible, a procurement contract shall be based on the appropriate model contract set out or referred to in standard bidding documents developed by the Authority. (2) Subject to this Part, a procuring entity shall ensure that every procurement contract it enters into(a) sets out the complete names and addresses of the parties to the contract; and (b) lists the contract documents by order of priority; and (c) states the specifications of the procurement requirement; and (d) states the quantity of the procurement requirement; and (e) states the price of the procurement requirement or how the price will be determined; and (f) states when the price will be paid and the method of payment; and (g) provides for the procuring entity's right to inspect the procurement requirement in order to ensure proper performance of the contract by the contractor; and (h) specifies the place and time of delivery or completion of the procurement requirement and any conditions relating to its delivery or completion; and (i) provides for delivery of the procurement requirement, including, where appropriate, transfer of title, risk of loss, insurance and the completion of import and export formalities, which provisions shall conform to international commercial terms published by bodies such as the International Chamber of Commerce; and (j) where applicable, provides for the nature and amount of securities to be provided by the parties; and (k) provides for the remedies of either of the parties in the event of breach by the other; and (l) provides for the responsibilities of the parties in the event of delay in performance, supervening impossibility of performance or other event affecting performance; and (m) provides for termination of the contract; and (n) contains provisions for dispute settlement; and (o) covers other necessary issues concerning the obligations of the parties and 87

Select target paragraph3

Add to table of contents