AGENCIES NOT FOLLOWING THE REVISED IRR

Good day

There are some agencies still donot follow the revised IRR of RA 9184 instead they are still following the old implementation of bidding procedures. Like posting deadlines on letter of intent, purchase of bid documents etc... Where we can address our complains if ever the agencies do not follow the revised IRR.
Is it ground for void and re-posting of ITB ?

Mike wrote:Good day

There are some agencies still donot follow the revised IRR of RA 9184 instead they are still following the old implementation of bidding procedures. Like posting deadlines on letter of intent, purchase of bid documents etc... Where we can address our complains if ever the agencies do not follow the revised IRR.
Is it ground for void and re-posting of ITB ?

Not following the procedures in the revised IRR, like requiring the prior submission of Letter of Intent (LOI), which is only required if the procuring entity is maintaining an electronic registry of suppliers/contractors, and setting a deadline for its submission could be ground for the invalidation of the bidding process, under Sec. 41 of the revised IRR. As a bidder, you could raise the issue before the BAC (during the pre-bid conference, if you are able to participate) or to the HOPE so that he can exercise his Reservation Clause under the same section (Sec. 41) of the IRR. You can also raise the matter before the Observers.

You may also raise the matter before the GPPB or the Procurement Transparency Group.

Mike wrote:Good day

There are some agencies still donot follow the revised IRR of RA 9184 instead they are still following the old implementation of bidding procedures. Like posting deadlines on letter of intent, purchase of bid documents etc... Where we can address our complains if ever the agencies do not follow the revised IRR.
Is it ground for void and re-posting of ITB ?

You can address your concern to the HOPE of the PE, or try this LINK

Yes, you can address it to the head of the procuring entity first.
msm326

Are there liabilities if the agency do not follow the revised IRR procedures.

As pointed out by sir RDV, you can bring the matter to the HOPE where he can exercise Sec. 41 Reservation Clause, if the any one of the conditions therein are present, specifically (b) "If the BAC is found to have failed in following the prescribed bidding procedures"

Are there liabilities if the agency do not follow the revised IRR procedures.

If you are asking if their are liabilites for the BAC, I say yes, if requiring the submission of letters of intent which is only required if the PE is maintaning an electronic Registry of Suppliers/contractors is done calculatedly by the BAC, or any member of the BAC just for the purpose of delaying the screening of bidders and eventually delaying the opening of the bids which, at the end becomes disastrous to the interest of the government.

What happens if after all that, the HOPE just declares a failed bidding for the project and then procures by splitting the contract? What is the next step?