performance sec in the BDS

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performance sec in the BDS

Post by Berna on Mon Jan 17, 2011 4:02 pm

The fourth edition of PBD included in the BDS 32.2 "The performance security shall be in the following amount:
1. The amount of __________ [Insert 5% of ABC], if performance security is in cash, cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of credit;
2. The amount of __________ [Insert 30% of ABC] if performance security is in Surety Bond; or
3. Any combination of the foregoing proportionate to the share of form with respect to total amount of security. "
I thought performance security is based in the Contract price and not in the ABC...
juz asking po...
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Re: performance sec in the BDS

Post by RDV @ GP3i on Mon Jan 17, 2011 5:03 pm

Dette wrote:The fourth edition of PBD included in the BDS 32.2 "The performance security shall be in the following amount:
1. The amount of __________ [Insert 5% of ABC], if performance security is in cash, cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of credit;
2. The amount of __________ [Insert 30% of ABC] if performance security is in Surety Bond; or
3. Any combination of the foregoing proportionate to the share of form with respect to total amount of security. "
I thought performance security is based in the Contract price and not in the ABC...
juz asking po...

Tama ka, it should be based on the contract amount.

Paging GPPB-TSO, baka pweded pa habulin ang correction and immediately reflect the correction in the 4th Edition.
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Re: performance sec in the BDS

Post by Berna on Tue Jan 18, 2011 8:38 am

RDV @ GP3i wrote:
Dette wrote:The fourth edition of PBD included in the BDS 32.2 "The performance security shall be in the following amount:
1. The amount of __________ [Insert 5% of ABC], if performance security is in cash, cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of credit;
2. The amount of __________ [Insert 30% of ABC] if performance security is in Surety Bond; or
3. Any combination of the foregoing proportionate to the share of form with respect to total amount of security. "
I thought performance security is based in the Contract price and not in the ABC...
juz asking po...

Tama ka, it should be based on the contract amount.

Paging GPPB-TSO, baka pweded pa habulin ang correction and immediately reflect the correction in the 4th Edition.

should i delete this portion po? kase we would not know the amount yet til we open the bids...or just leave the amount blank?
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Re: performance sec in the BDS

Post by Berna on Fri Jan 28, 2011 11:26 am

Is this really the condition on SCC Clause 40.1?

"Materials and equipment delivered on the site but not completely put in place shall be included for payment. "

kase po parang it contradicts the provision stated on GCC Clause 40.1?

it states po kase, "40.1.The Contractor may submit a request for payment for Work accomplished. Such request for payment shall be verified and certified by the Procuring Entity’s Representative/Project Engineer. Except as otherwise stipulated in the SCC, materials and equipment delivered on the site but not completely put in place shall not be included for payment. "
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Re: performance sec in the BDS

Post by Berna on Fri Jan 28, 2011 11:45 am

Dette wrote:Is this really the condition on SCC Clause 40.1?

"Materials and equipment delivered on the site but not completely put in place shall be included for payment. "

kase po parang it contradicts the provision stated on GCC Clause 40.1?

it states po kase, "40.1.The Contractor may submit a request for payment for Work accomplished. Such request for payment shall be verified and certified by the Procuring Entity’s Representative/Project Engineer. Except as otherwise stipulated in the SCC, materials and equipment delivered on the site but not completely put in place shall not be included for payment. "

wala po bang "No further instructions"? Smile
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Re: performance sec in the BDS

Post by engrjhez® on Sat Jan 29, 2011 8:53 am

Dette wrote:Is this really the condition on SCC Clause 40.1?

"Materials and equipment delivered on the site but not completely put in place shall be included for payment. "

kase po parang it contradicts the provision stated on GCC Clause 40.1?

it states po kase, "40.1.The Contractor may submit a request for payment for Work accomplished. Such request for payment shall be verified and certified by the Procuring Entity’s Representative/Project Engineer. Except as otherwise stipulated in the SCC, materials and equipment delivered on the site but not completely put in place shall not be included for payment. "

It doesn't seem contradicting to me at all. According to GCC (as a general rule), "...materials and equipment delivered on the site but not completely put in place shall not be included for payment.". But since there is a an exception "Except as otherwise stipulated in the SCC..." which is in place naman, then it follows the GCC is overruled.

From time to time, and from agency to agency, policies change. And since the PBD (4th Ed) are harmonized with development partners, we expect that on some instances there are variations. Or it may be that there are still a lot to check with this release of PBDs (as you already have observed). Smile
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Re: performance sec in the BDS

Post by Berna on Sat Jan 29, 2011 7:53 pm

engrjhez® wrote:
Dette wrote:Is this really the condition on SCC Clause 40.1?

"Materials and equipment delivered on the site but not completely put in place shall be included for payment. "

kase po parang it contradicts the provision stated on GCC Clause 40.1?

it states po kase, "40.1.The Contractor may submit a request for payment for Work accomplished. Such request for payment shall be verified and certified by the Procuring Entity’s Representative/Project Engineer. Except as otherwise stipulated in the SCC, materials and equipment delivered on the site but not completely put in place shall not be included for payment. "

It doesn't seem contradicting to me at all. According to GCC (as a general rule), "...materials and equipment delivered on the site but not completely put in place shall not be included for payment.". But since there is a an exception "Except as otherwise stipulated in the SCC..." which is in place naman, then it follows the GCC is overruled.

From time to time, and from agency to agency, policies change. And since the PBD (4th Ed) are harmonized with development partners, we expect that on some instances there are variations. Or it may be that there are still a lot to check with this release of PBDs (as you already have observed). Smile

Oh i see... thank you engrjhez...
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