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Registry of Suppliers/Contractors/Consultants : Mandatory or Not?

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Registry of Suppliers/Contractors/Consultants : Mandatory or Not?

Post by engrjhez® on Tue Mar 09, 2010 9:48 pm

I think this question is yet to be resolved. Considering Section 53.1.2.2

53.1.2.2. All Procuring Entities shall maintain a registry of suppliers, contractors,
and consultants
as basis for drawing up the short list and/or selecting the
suppliers, contractors, and consultants for negotiations.


The intention of this section is to provide basis for Negotiated Procurement under Two (2) Failed Biddings. Since this scenario can happen to any PE, does it follow that the registry first defined by Section 23.4 does not agree with this?

23.4. To facilitate determination of eligibility, the BAC of a procuring entity may maintain a registry system using the PhilGEPS or its own manual or electronic system that allows submission and/or recording/entry of eligibility requirements simultaneously with registration.


Alin ba talaga kuya? Shall or May? Mandatory or Not? Very Happy

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Re: Registry of Suppliers/Contractors/Consultants : Mandatory or Not?

Post by sunriser431 on Wed Mar 10, 2010 12:58 am

engrjhez® wrote:
I think this question is yet to be resolved. Considering Section 53.1.2.2

53.1.2.2. All Procuring Entities shall maintain a registry of suppliers, contractors,
and consultants
as basis for drawing up the short list and/or selecting the
suppliers, contractors, and consultants for negotiations.


The intention of this section is to provide basis for Negotiated Procurement under Two (2) Failed Biddings. Since this scenario can happen to any PE, does it follow that the registry first defined by Section 23.4 does not agree with this?

23.4. To facilitate determination of eligibility, the BAC of a procuring entity may maintain a registry system using the PhilGEPS or its own manual or electronic system that allows submission and/or recording/entry of eligibility requirements simultaneously with registration.


Alin ba talaga kuya? Shall or May? Mandatory or Not? Very Happy

Very good observation Engrjhez, another clarification that need to be resolve. Maybe the GPPB guys can provide answer. Time to Sleep

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Re: Registry of Suppliers/Contractors/Consultants : Mandatory or Not?

Post by RDV @ GPPPI on Wed Mar 10, 2010 8:35 am

sunriser431 wrote:
engrjhez® wrote:
I think this question is yet to be resolved. Considering Section 53.1.2.2

53.1.2.2. All Procuring Entities shall maintain a registry of suppliers, contractors,
and consultants
as basis for drawing up the short list and/or selecting the
suppliers, contractors, and consultants for negotiations.


The intention of this section is to provide basis for Negotiated Procurement under Two (2) Failed Biddings. Since this scenario can happen to any PE, does it follow that the registry first defined by Section 23.4 does not agree with this?

23.4. To facilitate determination of eligibility, the BAC of a procuring entity may maintain a registry system using the PhilGEPS or its own manual or electronic system that allows submission and/or recording/entry of eligibility requirements simultaneously with registration.


Alin ba talaga kuya? Shall or May? Mandatory or Not? Very Happy

Very good observation Engrjhez, another clarification that need to be resolve. Maybe the GPPB guys can provide answer. Time to Sleep


Registry is not mandatory.

That quoted provision in Sec. 53 is only to highlight the importance of a Registry, particularly when Negotiated Procurement is resorted to.

Since under NP the procuring entity needs to draw up a list of legally, technically, and financially capable suppliers/contractors/consultants, maintaining a Registry should serve as the basis for drawing up that short list to be invited. Otherwise, if there is no Registry, NP could still proceed but the procuring entity still has to determine that those invited are really legally, technically and financially capable.

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Contact Persons: Engr. Malu Reyes-COA (0939-4670780); Mr. Maynard Peralta-DTI (02)-751-5984

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Re: Registry of Suppliers/Contractors/Consultants : Mandatory or Not?

Post by engrjhez® on Wed Mar 10, 2010 12:44 pm

RDV @ GPPPI wrote:
Registry is not mandatory.

That quoted provision in Sec. 53 is only to highlight the importance of a Registry, particularly when Negotiated Procurement is resorted to.

Since under NP the procuring entity needs to draw up a list of legally, technically, and financially capable suppliers/contractors/consultants, maintaining a Registry should serve as the basis for drawing up that short list to be invited. Otherwise, if there is no Registry, NP could still proceed but the procuring entity still has to determine that those invited are really legally, technically and financially capable.


Ok. But take note how the sections are worded. The use of SHALL and MAY. If the intention of the law is to suggest only the establishment of Registry, it should be worded the same, thus "All Procuring Entities may maintain a registry of suppliers...x x x". The fact that SHALL was used, it connotes a mandatory requisite and that drawing up a list of suppliers/contractors/consultants SHALL not be allowed unless a PE has a registry. But I am still aware that this holds true for Sec.53.1 only. Very Happy

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