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Observer's Initiative

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Observer's Initiative

Post by engrjhez® on Sat Feb 05, 2011 3:41 pm

Under RA 9184 and its IRR, Observers are invited at any or all stages by the BAC within the prescribed period. What are the implications if a private sector or NGO, qualified under Sec.13, takes the initiative to suggest themselves as Observers for procurement in Procuring Entity(ies)? Smile
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Re: Observer's Initiative

Post by msm326 on Mon Feb 07, 2011 10:44 am

in our case , we still invite them and we ask them first if they could be observers and explain to them the responsibilities of the observers
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Re: Observer's Initiative

Post by engrjhez® on Tue Feb 08, 2011 4:14 pm

If for example, the agency have invited two (2) observers aside from the COA as mandated by law, and there are still other observers (supposing they are qualified) who would like to attend and participate: Can the observers exercise their full responsibilities under Sec.13.4 of the IRR-GPRA? Follow-up question would be: Can the Procuring Entity restrict the number of observers to those invited? or should the observers seek prior approval for their admittance?

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Re: Observer's Initiative

Post by RDV @ GP3i on Tue Feb 08, 2011 5:54 pm

engrjhez® wrote:If for example, the agency have invited two (2) observers aside from the COA as mandated by law, and there are still other observers (supposing they are qualified) who would like to attend and participate: Can the observers exercise their full responsibilities under Sec.13.4 of the IRR-GPRA? Follow-up question would be: Can the Procuring Entity restrict the number of observers to those invited? or should the observers seek prior approval for their admittance?

Smile

The NGO/PO/CSO will have to be invited first before they could participate. The bidding process is not a free-for-all, whether they be bidders or Observers, to be able to participate in the process. And even if an invitation has been sent by the procuring entity to an NGO/PO/CSO, the latter would still have to accept the invitation and thereafter inform the procuring entity who will be its authorized Observers. Any member of an NGO/PO/CSO has to show proof that it has been authorized as Observer before he/she could be allowed by the procuring entity to sit as a duly-authorized Observer.
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Re: Observer's Initiative

Post by engrjhez® on Tue Feb 08, 2011 10:41 pm

RDV @ GP3i wrote:
The NGO/PO/CSO will have to be invited first before they could participate. The bidding process is not a free-for-all, whether they be bidders or Observers, to be able to participate in the process. And even if an invitation has been sent by the procuring entity to an NGO/PO/CSO, the latter would still have to accept the invitation and thereafter inform the procuring entity who will be its authorized Observers. Any member of an NGO/PO/CSO has to show proof that it has been authorized as Observer before he/she could be allowed by the procuring entity to sit as a duly-authorized Observer.

Does this imply that invitations 'must' be addressed to the organization, thru its officers, and the organization delegates the member to represent in behalf of the organization? There has been a silent practice on this on the part of NGO/PO/CSO wherein a member is directly addressed on some invitations. Is the invitation not valid then?

I believe there must be clear-cut guidelines on the participation of Observers on the procurement (bidding) process, where the IRR is silent. Smile
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Re: Observer's Initiative

Post by msm326 on Wed Feb 09, 2011 9:27 am

In our case then, we addressed it to the organization then they will send a regular representative with proper communication so that things will go on smoothly
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Re: Observer's Initiative

Post by RDV @ GP3i on Wed Feb 09, 2011 10:35 am

engrjhez® wrote:
RDV @ GP3i wrote:
The NGO/PO/CSO will have to be invited first before they could participate. The bidding process is not a free-for-all, whether they be bidders or Observers, to be able to participate in the process. And even if an invitation has been sent by the procuring entity to an NGO/PO/CSO, the latter would still have to accept the invitation and thereafter inform the procuring entity who will be its authorized Observers. Any member of an NGO/PO/CSO has to show proof that it has been authorized as Observer before he/she could be allowed by the procuring entity to sit as a duly-authorized Observer.

Does this imply that invitations 'must' be addressed to the organization, thru its officers, and the organization delegates the member to represent in behalf of the organization? There has been a silent practice on this on the part of NGO/PO/CSO wherein a member is directly addressed on some invitations. Is the invitation not valid then?

I believe there must be clear-cut guidelines on the participation of Observers on the procurement (bidding) process, where the IRR is silent. Smile

The invitation should be sent to the organization. If you will read Sec. 13 of the IRR, the requirement is that the observer "shall come from a duly-recognized private group..." and another from an NGO.

I think it follows that these observers should be duly-authorized by these private groups and NGOs, otherwise, the requirement could just be that the observer is a member of any private group or NGO. In which case, direct invitation to a member of these groups would suffice.
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Re: Observer's Initiative

Post by engrjhez® on Thu Feb 10, 2011 8:30 am

RDV @ GP3i wrote:The invitation should be sent to the organization. If you will read Sec. 13 of the IRR, the requirement is that the observer "shall come from a duly-recognized private group..." and another from an NGO.

I think it follows that these observers should be duly-authorized by these private groups and NGOs, otherwise, the requirement could just be that the observer is a member of any private group or NGO. In which case, direct invitation to a member of these groups would suffice.
Does the invitation becomes invalid in the purview of GPRA if the invitation was sent to an individual who came from the NGO/PO/CSO concerned (with active regular membership status)?
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Re: Observer's Initiative

Post by RDV @ GP3i on Sat Feb 12, 2011 7:13 am

engrjhez® wrote:
RDV @ GP3i wrote:The invitation should be sent to the organization. If you will read Sec. 13 of the IRR, the requirement is that the observer "shall come from a duly-recognized private group..." and another from an NGO.

I think it follows that these observers should be duly-authorized by these private groups and NGOs, otherwise, the requirement could just be that the observer is a member of any private group or NGO. In which case, direct invitation to a member of these groups would suffice.
Does the invitation becomes invalid in the purview of GPRA if the invitation was sent to an individual who came from the NGO/PO/CSO concerned (with active regular membership status)?

I would not say directly that the invitation sent to an individual who is an NGO/PO/CSO member, who has not been authorized by latter previously to represent it as its Observer in the bidding process of the procuring entity, is "invalid". I would just say that you are not complying with the requirement of the RA 9184 and its IRR. The use of the word "shall" connotes a mandatory nature that the procuring entity should complied with.
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Re: Observer's Initiative

Post by engrjhez® on Sat Feb 12, 2011 11:07 am

RDV @ GP3i wrote:
I would not say directly that the invitation sent to an individual who is an NGO/PO/CSO member, who has not been authorized by latter previously to represent it as its Observer in the bidding process of the procuring entity, is "invalid". I would just say that you are not complying with the requirement of the RA 9184 and its IRR. The use of the word "shall" connotes a mandatory nature that the procuring entity should complied with.

Thanks for that insight. Actually, I was in the same argument as this with the BAC. But the BAC insisted that sending the invitation to the individual "is already a satisfactory compliance" of Sec.13. I argued further but they already have decided. If this falls under non-compliance with the requirement of GPRA, can the following hold true:

  1. the HOPE can exercise Sec.41 on the basis that the BAC "is found to have failed in following the prescribed bidding procedures"? or,
  2. if award has been made and contract already executed, such non-compliance falls under those "against public policy" and consequently be nullified?
If not, what are the possible consequences against it? Smile

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Re: Observer's Initiative

Post by sunriser431 on Sat Feb 12, 2011 7:03 pm

For us GOCCs, we normally dont send invitations to an individual, but rather to the duly recognized group or organizations relevant to the procurement at hand. bounce
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Re: Observer's Initiative

Post by khalel on Fri Aug 26, 2011 6:02 pm

question: CONSIDERING THAT THE LAW STATES THAT, THE OBSERVER SHOULD BE INVITED IN ALL STAGES OF THE PROCUREMENT PROCESS, ARE OBSERVERS STILL NECESARRY TO BE INVITED IN PRE PROCUREMENT FOR PROJECTS THAT REQUIRES A PRE PROCUREMENT MEETING?

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Re: Observer's Initiative

Post by engrjhez® on Sat Aug 27, 2011 3:01 pm

khalel wrote:question: CONSIDERING THAT THE LAW STATES THAT, THE OBSERVER SHOULD BE INVITED IN ALL STAGES OF THE PROCUREMENT PROCESS, ARE OBSERVERS STILL NECESARRY TO BE INVITED IN PRE PROCUREMENT FOR PROJECTS THAT REQUIRES A PRE PROCUREMENT MEETING?

Since Pre-Procurement Conference is technically not yet the beginning of the procurement process (As referred to Annex "C"), then the Observers need not to attend it. The procurement process begins with Posting/Advertisement. It will be very dangerous also, on the part of the PE if the information/details of pre-proc will be leaked (intentional or not by Observers) prematurely before any posting/advertisement.

20.1. Prior to the advertisement or the issuance of the Invitation to Bid/Request for
Expression of Interest for each procurement undertaken through a public bidding,
the BAC, through its Secretariat, shall call for a pre-procurement conference. The
pre-procurement conference shall be attended by the BAC, the Secretariat, the unit
or officials, including consultants hired by the procuring entity,
who prepared the
Bidding Documents and the draft Invitation to Bid/Request for Expression of Interest
for each procurement. x x x
No Observers mentioned.
Smile
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