El hecho dramático-teatral.

15.12.1 Monitoring Consultant, Supplier or Contractor’s Obligations.

The Consultant, Supplier or Contractor’s performance against the contract must be monitored on a routine basis.

The Procurement Unit or Project Manager will:

notify the Supplier or Contractor immediately in writing of any failings in

performance and seek an agreed solution;

In the case of a consultant this takes the form of comments on consultancy

reports

update the contract file and Contract Register regularly to reflect the

monitoring of performance;

ensure that the Head of the Procuring Entity is informed of any serious failings in performance.

15.12.2 Monitoring and Performing the Procuring Entity’s Obligations

The Contract may impose certain conditions on the Procuring Entity which, if not complied with, may affect the Supplier or Contractor’s performance including:

o Payment of stage payments within the contracted time limits;

o Assistance with import licences etc.;

o Approval of drawings or reports within the set time periods;

o Provision of storage or working facilities and access permits;

o Conditions relating to the supplier’s provision of staff services (e.g. letters of invitation for visas, provision of office space, etc.).

Ensure that all such obligations of the Procuring Entity are planned and performed without undue delay.

15.12.3 Delays in Performance

Delivery of goods, construction of works and the performance of services should be completed by the Supplier or Contractor in accordance with the time schedule prescribed in the Schedule of Requirements. Where this is not the case:

In accordance with the contract conditions, the Supplier, Contractor, or its

subcontractor, must notify the Procuring Entity in writing of the conditions delaying performance, including full details of the delay, the likely duration and the cause(s).

The Procuring Entity will immediately assess the situation, and may at its discretion extend the Supplier or Contractor's time for performance, with or without liquidated damages as specified in the Contract.

If the time for performance is extended, both parties shall ratify such extension by a formal addendum to the Contract subject to approval by the Procurement Committee.

A delay by the Supplier or Contractor in the performance of his obligations

may render him liable to liquidated damages if specified in the contract document, except where:

o the delay is as a result of Force Majeure;

o there is no provision for liquidated damages in the contract;

o an extension of time is agreed between the two parties without the application of liquidated damages.

The Procurement Unit or Project Manager will:

Refer to the relevant clauses in the General or Special Conditions of

Contract for the procedure to be followed to apply, calculate and claim liquidated damages.

Update the Procurement Dossier and Contract Register to reflect any

delays in the supplier’s performance.

Notify the end-user department immediately of all such delays.

15.12.4 Resolution of Disputes

Most minor disputes may be resolved by sensible discussion and agreement between the responsible officer and the Supplier or Contractor to rectify the cause of complaint.

Any formal written complaints received from a Supplier or Contractor should be fully investigated and referred to the Head of the Procuring Entity to authorise correspondence or formal negotiations with the Supplier or Contractor.

Action:

Examine the Contract carefully to be aware of all contract conditions

relating to the Resolution of Disputes.

Determine if the Procuring Entity is at fault or partly at fault, and if so, take appropriate action to rectify the problem.

Invite the Supplier or Contractor to a formal meeting, within 7 days of the

complaint, to discuss the issues and try to agree a compromise acceptable to both parties. Ensure that accurate written Minutes are kept of any such meeting. If an agreement is reached which changes any of the conditions of the Contract, approval of the Procurement Committee or the Head of the Procuring Entity is required before the agreement can be implemented.

If no initial agreement is reached and negotiations conducted by the Head of the Procuring Entity also fail, consider the use of conciliation or arbitration services as specified in the contract.

Prepare any necessary addendum to the Contract for signature.

On contracts funded by a donor, ensure that the donor is kept informed of

disputes and seek advice, and a formal “no objection” where required, before any contract addendum is signed.

15.12.5 Termination of the Contract

The parties to the contract normally have the right to terminate the contract, but to protect the Procuring Entity, advice of the Legal Department and the NPPA should always be sought if the Procuring Entity is considering such action. For donor funded procurements, donor “no objection” must be sought before any action to terminate a contract is initiated.

Contracts should not normally be terminated without examining all possible alternatives, unless the termination is agreed by all parties to the contract.

Examine the Contract carefully to be aware of all contract conditions and

penalties relating to the Termination of Contract.

Follow the advice of the Legal Officer/Ministry of Justice and the NPPA

in the preparation of any correspondence and settlement of any contractual penalties.