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performance bond

Post by LJ on Mon Oct 11, 2010 12:32 pm

gud am. is performance bond/security required for all methods of procurement or only if the goods are procured through public bidding? thanks a lot. Very Happy
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Re: performance bond

Post by engrjhez® on Mon Oct 11, 2010 2:20 pm

LJ wrote:gud am. is performance bond/security required for all methods of procurement or only if the goods are procured through public bidding? thanks a lot. Very Happy

The answer is directly under Sec.54.5 of the Revised IRR:
54.5. Performance and warranty securities, as prescribed in Sections 39 and 62 of this IRR,
shall be submitted for contracts acquired through the alternative methods of
procurement
, except for Shopping under Section 52 and Negotiated Procurement
under Sections 53.2 (emergency cases), 53.9 (small value procurement), 53.10
(lease of real property), and 53.13 (UN agencies).
On Public Biddings, it is mandatory.
Smile
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Re: performance bond

Post by LJ on Mon Oct 11, 2010 4:05 pm

thanks sir. so, for procurement of general support services, i.e. equipment maintenance, transportation/courier services,etc., we are not going to require the suppliers for performance or warranty securities? is there a certain document that we need to require them for our warranty security? thanks a lot.
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Re: performance bond

Post by engrjhez® on Mon Oct 11, 2010 4:44 pm

LJ wrote:thanks sir. so, for procurement of general support services, i.e. equipment maintenance, transportation/courier services,etc., we are not going to require the suppliers for performance or warranty securities? is there a certain document that we need to require them for our warranty security? thanks a lot.

The provision requiring the performance and warranty securities will hold true on any nature of procurement (goods, services, infra, consulting) if it does not fall under the exceptions listed above. In RFQs, you may indicate under the terms and conditions the applicable warranty period. This can be reinforced on Purchased Orders (PO) with the Terms and Conditions therein as binding with the face of that contract (PO). Smile
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Re: performance bond

Post by charlie brown on Mon Oct 11, 2010 6:24 pm

engrjhez® wrote:
LJ wrote:thanks sir. so, for procurement of general support services, i.e. equipment maintenance, transportation/courier services,etc., we are not going to require the suppliers for performance or warranty securities? is there a certain document that we need to require them for our warranty security? thanks a lot.

The provision requiring the performance and warranty securities will hold true on any nature of procurement (goods, services, infra, consulting) if it does not fall under the exceptions listed above. In RFQs, you may indicate under the terms and conditions the applicable warranty period. This can be reinforced on Purchased Orders (PO) with the Terms and Conditions therein as binding with the face of that contract (PO). Smile


RFQ is used for Shopping and SVP. Under section 54.5 performance and warranty securities are no longer required for shopping and SVP hence no need to require posting of said securities and consequently no need to include warranty requirements in the RFQ. While some alternative methods such as direct contracting mentions of a price quotation i am not very sure if this will use the same form mentioned 09-2009. In any case, direct contracting will still use the biddding documents (excluding the ITBand BDS) and the provision for warranty will still be found in the GCC/SCC.
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Re: performance bond

Post by LJ on Mon Oct 11, 2010 6:45 pm

thanks for the info sir. so, if we will procure through Shopping or SVP, we really dont include any warranty requirements? kc dito ako na co-confused, esp with our general support services which we will procure through SVP. then, we have a contract for these services, and usually, we require them to post a performance bond kc nga one year yung contract namin. what should be the correct procedure o appropriate talaga na gawin o i require namin? thanks po talaga...
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Re: performance bond

Post by engrjhez® on Mon Oct 11, 2010 7:29 pm

Hmmm. Nakakalito ba statement ko? You can actually read Sec.54.5 again and you will find these out:

Kailangan ba ang performance + warranty securities dito?
Sec.49 - YES
Sec.50.a - YES
Sec.50.b - YES
Sec.50.c - YES
Sec.51 - YES
Sec.52.1.a - NO
Sec.52.1.b - NO
Sec.53.1 - YES
Sec.53.2 - NO
Sec.53.3 - YES
Sec.53.4 - YES
Sec.53.5 - YES
Sec.53.6 - YES
Sec.53.7 - YES
Sec.53.8 - YES
Sec.53.9 - NO
Sec.53.10 - NO
Sec.53.11 - YES
Sec.53.12 - YES
Sec.53.13 - NO

In as far as the IRR of RA.9184 is concerned. Smile
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Re: performance bond

Post by charlie brown on Tue Oct 12, 2010 11:22 am

LJ wrote:thanks for the info sir. so, if we will procure through Shopping or SVP, we really dont include any warranty requirements? kc dito ako na co-confused, esp with our general support services which we will procure through SVP. then, we have a contract for these services, and usually, we require them to post a performance bond kc nga one year yung contract namin. what should be the correct procedure o appropriate talaga na gawin o i require namin? thanks po talaga...

For SVP or Shooping 09-2009 required the use of the RFQ. it is stated that terms and conditions for the item to be procured is to be indicated in the RFQ. it would seem then that the RFQ is the small value equivalent of the bidding documents in a competitive bidding. In the RFQ The contract termS are to be included in the terms and conditions but there is no need for you to require a warranty or a performance security as this is no longer required for this type of alternative mathod of procurement.


Last edited by charlie brown on Tue Oct 12, 2010 6:02 pm; edited 2 times in total
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Re: performance bond

Post by LJ on Tue Oct 12, 2010 3:25 pm

thanks a lot sir engrjhez and charlie brown. Very Happy
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Re: performance bond

Post by engrjhez® on Tue Oct 12, 2010 3:43 pm

Wala nagcoment sa Sec.53.5? Smile
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Re: performance bond

Post by RDV @ GP3i on Tue Oct 12, 2010 3:59 pm

engrjhez® wrote:Wala nagcoment sa Sec.53.5? Smile

Under the Implementing Guidelines on Agency-to-Agency Agreements (GPPB Resolution 018-2007), under Item 5.c thereof, "the Procuring Agency may require the Servicing Agency to post a performance security under Section 39 of R.A. 9184 and/or post a warranty security under Section 62 of R.A. 9184.
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Re: performance bond

Post by charlie brown on Tue Oct 12, 2010 5:57 pm

RDV @ GP3i wrote:
engrjhez® wrote:Wala nagcoment sa Sec.53.5? Smile

Under the Implementing Guidelines on Agency-to-Agency Agreements (GPPB Resolution 018-2007), under Item 5.c thereof, "the Procuring Agency may require the Servicing Agency to post a performance security under Section 39 of R.A. 9184 and/or post a warranty security under Section 62 of R.A. 9184.

engrjhez could be referring to procurement at the PS depot which is also an example of A to A. if so, i would like to add that indeed there is a need to check with GPPB if this is really the intent since as far as i know the PS does not post performance and warranty security in its transaction with the procuring government entity. we can even say the same thing for community participation 53.12 and to procurement agent 53.6
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Performance Security withdrawal

Post by 12shin34 on Tue Oct 20, 2015 10:22 pm

when can a performance sec be withdrawn?

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Re: performance bond

Post by 12shin34 on Tue Oct 20, 2015 10:30 pm

pwd ba mawithdraw performance sec before the allowed period?

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Re: performance bond

Post by pluma on Wed Oct 21, 2015 4:50 pm

12shin34 wrote:when can a performance sec be withdrawn?
After the validity period po (usually 120 CD) at kapag may warranty/retention na po. Palitan po kasi yan from bid security papalitan ng performance bond then yung performance bond papalitan ng warranty retention. bawat bonds po ay may period na sinusunod.
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