Puauc PRocuREMENT AND DISPOSAL OF Pusuc AssETs
Cap.22:23
No.S/2017
subsection ( 1) or (2), it shall reserve to the procuring entity the right to reject insurance
coverage that does not comply with the requirements stated in the contract.
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Remedies for breach of contract
A procurement contract shall provide the procuring entity with one or more lawful
remedies in the event of breach of contract by the contractor, which remedies may
include(a) rejection of defective performance; and
(b) prompt removal and replacement of defective goods, or repair or
replacement of defective performance; and
(c) liquidated damages; and
(d) termination of the contract and procurement of replacement performance,
at the expense of the defaulting party.
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Liquidated damages for delay
Where a procurement contract provides that the contractor is liable to pay an
agreed percentage of the contract value for delay in the performance due under the
contract, the provision shall specify(a) the amount to be paid for each day, week or month of the delay; and
(b)
(c)
(d)
(e)
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the maximum period of delay allowed before a contract can be terminated;
and
that the contractor is not relieved of its liability for performance under
the contract by virtue of payment under the provision; and
that if the procuring entity terminates the contract for delay, the contractor
will be liable for liquidated damages accruing until the procuring entity
reasonably obtains delivery or performance of a similar procurement
requirement from another contractor, and that those liquidated damages
are in addition to liability for any extra costs of entering into a further
procurement contract with that other contractor; and
that the contractor will not be charged liquidated damages when the delay
in delivery or performance is beyond the contractor's control and is not
caused by fault or negligence on the part of the contractor.
Contract termination
The grounds stated in a procurement contract as justifying termination of the
contract by the procuring entity may include(a) default on the part of the contractor in performance under the contract;
and
(b) the public interest; and
(c) supervening impossibility of performance.
PART XII
DISPOSAL OF PuBuc AssETS
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Responsibility for disposal of public assets
The accounting officer of a procuring entity shall be responsible for ensuring
that the entity, in accordance with this Part, disposes of its public assets that are
unserviceable, obsolete or surplus.
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