Supplemental Agreement To The Contract Philippines

Can AFP-RSBS, on the basis of the provisions of the Relocation Survey Contract, which allow for modifications or additional work, enter into an amendment to cover unfinished parts of the original contract without having to go through a procurement process in accordance with RA 9184? If the Agency wishes to have the power of interpretation or decision on the size and import of contractual provisions, it may be useful to verify whether the Relocation Survey Contract, which should cover all twenty-two (22) plots of land, has remained effective even after the expiry of the agreed deadline for the completion of the initial workload. Therefore, when the effectiveness of the contract expires with the aforementioned period, the additional contract has no legal basis or contract to conclude, as has been proposed; And even less any basis to be taken outside the provisions of R.A. 9184. On the other hand, if the original contract is maintained and, therefore, the argument in favour of the addendum is viable, it may be wise and wise to determine whether section 6.1 of the contract sufficiently contemplates remuneration for a supplementary contract. Moreover, the provision seems to allow only an appropriate adaptation in the event of an increase or decrease in the initial work, by mutual agreement of the parties and by a written decision of modification. It may also be that the volume of work envisaged under the proposed supplementary contract is neither an increase nor a reduction in the original plant; nor is the additional contract the mandate of amendment provided for in the Treaty provision. Whether the additional contract ends in the law or in the provisions of the treaty, the same question is mainly determined by the fact that its presumed basis is an honest construction according to the intention of the parties. 1. Whether the provisions of republic act 9184 (R.A.

9184) and its implementing provisions, Part A (IRR-A), concerning amending regulations apply to contracts perfected during the validity of the Presidential Decree 1594 (P.D. 1594) and its implementing provisions (IRR). Notwithstanding the adoption of R.A. 9184 and its previous laws on government procurement, the rules and regulations continue to govern the procurement and implementation of certain public contracts where the call for tenders or invitation to tender was published before the effectiveness of R.A. 9184 or its IRR-A. In this context, we consider that DOTC agrees with the provisions of P.D. 1594 and its IRR to contracts perfected during its validity, as this implies that the advertisement or invitation to tender for this purpose was published before the effectiveness of R.A. 9184 and its IRR-A. 2. Whether endorsements remain permissible or not, given that the fundamental elements of an endorsement are set out in section 53(d) of the IRR-A. In accordance with the IRR-A of R.A.

9184, the amendment is no longer recognized as a form of modification order. The only forms of amending order recognized in accordance with Schedule E of the R.A. 9184 IRR-A are foreign exchange orders and extra-working orders x x x x, assuming that the fundamental elements of an addendum to section 53(d) of the R.A. IRR-A. In 9184, such a reproduction does not imply the recognition of the amendment by the IRR-A as a form of order amendment. . . .

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