Notice to the Public
Service by Publication - Notice of Termination and Show Cause Order (Solewind Builders)
This is in reference to PNOC Renewables Corporation’s (“PNOC RC”) contract with Solewind builders (“Solewind”) for the Design, Supply, Delivery, Installation, Testing and Commissioning of a 100-kW Grid-Tied Solar Photovoltaic (PV) Project – Department of Environment and Natural Resources Environmental Management Bureau Research and Development Division Building (DENR EMB RDD BUILDING), or the (“Contract”) dated 1 March 2016.
We formally apprise you that the above stated contract is being terminated in whole due to Solewind’s non-compliance of its obligation to rectify the defects in the abovementioned project, particularly the repair and/or replacement of the 5kW inverters.
PNOC RC has not been remiss in requiring the courses of action due Solewind. We have sent letters indicating the matters which required immediate action on your end. You are well aware that several letters have already been sent to your office previously informing you of the existing condition of the Solar PV System and demanded you to comply with the obligation to conduct measures imminent for its repair, in accordance with the Contract and guided by the implementing rules and regulations of RA 9184. We have attached the Verified Incident Report as well as the above letters for your reference.
Verily, Solewind’s repeated disregard of its contractual obligation to conduct measures necessary for the Project’s repair is a valid cause for termination under Article 48 of our contract, to wit:
TERMINATION FOR DEFAULT OF SOLEWIND
c.1) abandons the contract Works, refuses or fails to comply with a valid instruction of PNOC RC or fails to proceed expeditiously and without delay despite a written notice by PNOC RC;
c.3) does not execute the Works in accordance with this Contract or persistently or flagrantly neglects to carry out its obligations under this Contract;
AT THIS JUNCTURE, LET THIS SERVE AS YOUR FINAL NOTICE TO COMPLY WITH YOUR CONTRACTUAL OBLIGATION. YOU ARE HEREBY GIVEN SEVEN (7) CALENDAR DAYS FROM RECEIPT TO SUBMIT YOUR VERIFIED POSITION PAPER STATING THE CAUSES AS TO WHY THE CONTRACT SHOULD NOT BE TERMINATED.
Should you fail to show cause after the lapse of the seven (7) day period, either by inaction or by default, PNOC RC shall issue an order terminating the contract which will subsequently result to the forfeiture of your retention money amounting to Seven Hundred Forty Two Thousand Nine Hundred Forty-Five Pesos and 10/100 (PHP742,945.10).
Ultimately, PNOC RC shall be compelled to pursue any legal action against Solewind Builders without prejudice to having your business enterprise blacklisted which will then prohibit the same to participate in any future government public bidding.
For your immediate action and strict compliance, please.
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