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Date: March 25, 2024, 4:28 p.m.
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Date: 2024-08-13 09:55:15.050664
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Published by Government Procurement Policy Board Technical Support Office(GPPB) on March 25, 2024.
Requested from GPPB by J. Caoctoy at 04:28 PM on
March 25, 2024.
Purpose: Research and Policy Development
Tracking no: #GPPB-683730473783
Dear Sir/Ma'am, Good day! We would like to seek guidance and/or clarification on the imposition of liquidated damages on terminated contracts and the use of performance security. In particular, we inquire on the following: (A) If the contract is terminated, does the agency need to charge liquidated damages (LD) on the undelivered goods? If so, when will the counting of days for the computation of LD stop if there are no more deliveries due to the termination? (B) May we confirm if the forfeited performance security shall be separate from other administrative sanctions/penalties that the agency may impose against the erring supplier? Also, on what damages may the agency apply the forfeited performance security. Thank you very much for your time!
Dear eFOI user,
Mabuhay!
Thank you for utilizing the eFOI portal (www.foi.gov.ph) and exercising your right to information under Executive Order No. 2, s. 2016 on Freedom of Information in the Executive Branch.
We have received your request on Liquidated Damages on Terminated Contracts and Performance Security, dated March 25, 2024.
Please be advised that the GPPB-TSO has a proper channel for this type of inquiry. The FOI is designed to handle requests for access to information that is not readily available to the public. Since your inquiry pertains to clarification of existing rules and regulations under RA 9184 and its Implementing Rules and Regulations, it falls outside the scope of FOI requests. For clarification of existing rules and regulations of RA 9184 and its Implementing Rules and Regulations, you may email at [email protected]. For immediate assistance, you may contact the Public Assistance Team (PAT) of the GPPB-TSO at (02) 5322 6222.
Further, this issue has been addressed on 15 April 2024. But since the maintenance of the FOI system, it reverted back to pending status.
For additional support, we encourage you to consult the FAQ section of the eFOI site: https://www.foi.gov.ph/help.
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Thank you.
Respectfully,
FOI Officer
Government Procurement Policy Board Technical Support Office