GC-1 DEFINITIONS

GC-6 ASSIGNMENT AND SUB-CONTRACTS

Contractor shall not assign, transfer, pledge, sub-contract or make any other disposition of this Contract or any part thereof, or any interest therein except as provided for herein.

Should the Contractor intend to sub-contract portion of the Contract Work, he must submit a written request for authority to sub-contract part of the work for approval by NIA, at least 30 calendar days before the expected implementation of said sub-contract Works. The request shall include details of the work to be sub-contracted and data about the proposed Sub-Contractor including his financial status, experience, organization and personnel and equipment available for the sub-contract, for verification, evaluation and approval by the NIA.

The Contractor shall be informed accordingly about the results of the evaluation, approval or disapproval by NIA within 15 calendar days after receipt of such request.

If during the implementation of the Contract Work, NIA discovers that portions of the Contract Work have been sub-contracted without prior approval of the NIA, the following administrative sanctions shall be imposed:

All progress billings submitted by the Contractor after the discovery by NIA of such unauthorized sub-contract work shall be processed only after the Contractor shall have complied with the requirements for authority to sub-contract any portion of the Contract Work. If the Sub-Contractor as evaluated by NIA is not qualified to perform the sub-contract work, the Contractor shall immediately terminate the services of the Sub-Contractor.
If the Contractor continues to sub-contract Works not duly authorized by NIA, the Contractor shall, in addition to above sanction, be suspended in participating from any public bidding conducted by the agency for at lease two years from the date of discovery of such unauthorized sub-contract Works.

Notwithstanding the above provision, the portions of work accomplished by the Sub-Contractor will not be credited as Sub-Contractor's experience in future NIA projects, pre-qualification or upgrading of category, unless otherwise, said sub-contract work was approved, prior to discovery by NIA.

Contractor agrees that he is as fully responsible to NIA for the acts and omissions of his Sub-Contractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract Documents shall create any contractual relation between any sub-contractor and NIA.

Contractor is fully responsible for the payment of his Sub-Contractors; however, NIA reserves the right to withhold or deduct such payment from Contractor's monthly or periodic payments should Contractor refuses or fails to make justifiable payments to any Sub-Contractor in accordance with the sub-contract.

NIA may, by written notice, require Contractor to terminate a sub-contract if a Sub-contractor fails, in the opinion of NIA, to perform the work in accordance with the Contract. In such event the Sub-contractor shall be ordered to leave the Site immediately and NIA will not be liable for such termination.