THE
“[Defense
Secretary Voltaire] Gazmin terminated the contract and issued a blacklisting
order against the supplier,” said Communications Secretary Herminio Coloma Jr.
in a text message to the Malacanang Press Corps yesterday.
“We only have
accepted 7 UH-1 helicopters,” Coloma also said in the text message. “We
continue to commit to the observance of our procurement laws and defend what
is advantageous to the government.”
The Department of
National Defense (DND) earlier said they were planning to scrap the
contract for the supply of 21 UH-1 helicopters worth P1.2 billion, citing the
supplier’s failure to deliver the air assets on time.
In a notice to
terminate forwarded last March to the joint venture of Rice Aircraft Services
Inc. and Eagle Copters Ltd., Defense Secretary Voltaire Gazmin informed the
supplier of its failure to comply with the delivery schedule.
“You are hereby
ordered to submit a verified position paper stating why the contract should not
be terminated within seven days upon receipt thereof,” Gazmin said in the
notice addressed to Robert Rice, the official representative of the joint
venture.
Gazmin, who cited
the procurement law, said the contract for the purchase of UH-1
helicopters will be partially terminated for exceeding the 10 percent
maximum liquidated damages.
Gazmin said the
liquidated damage is equivalent to one tenth of the one percent of the
unperformed portion per day of delay. The supplier pays liquidated damage if it
fails to meet delivery timetables.
The government
has the option to terminate a contract if the supplier exceeds the 10 percent
maximum liquidated damages as provided by law.
Gazmin said the
joint venture of Rice and Eagle Copters exceeded the 10 percent maximum
liquidated damages on January 31, 2015.
“You failed to
comply with the agreed schedule of requirement of the contract agreement which
provides that the delivery should be within 180 calendar days upon the opening
of the letter of credit,” Gazmin told the supplier.
A letter of
credit is a document that assures the supplier that the government will honor
its financial obligations.
Gazmin said the
letter of credit was opened on March 27, 2014 and deadline for the delivery of
contract was on September 23, 2014.
http://manilastandardtoday.com/2015/04/18/govt-stops-p1-2b-huey-deal/
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