(a) in the case of a controlled commodity, proof has been provided by the respective controlling authority that local sources have been exhausted; or (b) in the case of labour, other goods or services, the tenderer must provide proof to the satisfaction of the board that sourcing locally is not possible or could not be satisfied as requested. (2) The Board may, if it suspects that information submitted by the tenderer is not accurate, cause further verification or investigations to be conducted with the assistance of any other person or body as the Board may consider appropriate. [regulation 9A inserted by GN 140/2013] Liabilities 10. (1) All stamp duties, bank charges, bank interest and other like charges payable in respect of an agreement shall be paid by the contractor concerned. (2) In the event of an agreement being cancelled by or on behalf of the Government in the exercise of its rights under the Act, including these regulations, or any other law or the contract, or for any other valid reason, the contractor concerned shall be liable to pay to the Government all expenses, losses and damages incurred or suffered by the Government as a result of such cancellation, and the Government shall be entitled to recover not only those sums which are due and payable under the agreement, but also all sums which are due and payable by law. Non-compliance with title of tender or agreement, or delay in performance of agreement 11. (1) Unless otherwise provided - (a) in a title of tender, a tenderer - (i) who amends or withdraws his or her tender after the closing date for receipt of tenders but before he or she has been notified of its acceptance; or (ii) who fails to enter into an agreement or to furnish security in the circumstances contemplated in section 16(3) of the Act, shall be liable to pay to the Government all expenses incurred by the Government by having to invite tenders afresh or to make other less favourable arrangements; (b) in an agreement, the Board may - (i) if the contractor concerned fails or has failed to comply with any of the terms and conditions of the agreement or performs or has performed unsatisfactorily under the agreement, in addition to any other legal remedy it may have, cancel the agreement; (ii) if the contractor concerned fails to furnish any goods or services within the period stipulated in the agreement - (aa) act in accordance with the provisions of subparagraph (i); or
(a) in the case of a controlled commodity, proof has been provided by the respective controlling authority that local sources have been exhausted; or (b) in the case of labour, other goods or services, the tenderer must provide proof to the satisfaction of the board that sourcing locally is not possible or could not be satisfied as requested. (2) The Board may, if it suspects that information submitted by the tenderer is not accurate, cause further verification or investigations to be conducted with the assistance of any other person or body as the Board may consider appropriate. [regulation 9A inserted by GN 140/2013] Liabilities 10. (1) All stamp duties, bank charges, bank interest and other like charges payable in respect of an agreement shall be paid by the contractor concerned. (2) In the event of an agreement being cancelled by or on behalf of the Government in the exercise of its rights under the Act, including these regulations, or any other law or the contract, or for any other valid reason, the contractor concerned shall be liable to pay to the Government all expenses, losses and damages incurred or suffered by the Government as a result of such cancellation, and the Government shall be entitled to recover not only those sums which are due and payable under the agreement, but also all sums which are due and payable by law. Non-compliance with title of tender or agreement, or delay in performance of agreement 11. (1) Unless otherwise provided - (a) in a title of tender, a tenderer - (i) who amends or withdraws his or her tender after the closing date for receipt of tenders but before he or she has been notified of its acceptance; or (ii) who fails to enter into an agreement or to furnish security in the circumstances contemplated in section 16(3) of the Act, shall be liable to pay to the Government all expenses incurred by the Government by having to invite tenders afresh or to make other less favourable arrangements; (b) in an agreement, the Board may - (i) if the contractor concerned fails or has failed to comply with any of the terms and conditions of the agreement or performs or has performed unsatisfactorily under the agreement, in addition to any other legal remedy it may have, cancel the agreement; (ii) if the contractor concerned fails to furnish any goods or services within the period stipulated in the agreement - (aa) act in accordance with the provisions of subparagraph (i); or
Public%20Procurement%20Act%2015%20of%202015%20-%20Regulations%201996-237%20(annotated).docx