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Clarfication on Maximum Periods

Post by engrjhez® on Wed Feb 09, 2011 11:30 am

A careful reading of the IRR:
"25.4. Bids shall be received by the BAC on the date, time, and place specified in the Invitation to Bid/Request for Expression of Interest. The following periods from the last day of posting of the Invitation to Bid/Request for Expression of Interest up to the submission and receipt of bids shall be observed... x x x"
and a reading of PhilGEPS policy (click this link):
Q#29 What do you mean by Closing Date/Time?
A: For Public Bidding:
Single Stage - This field refers to the deadline of bid submission. x x x
will reveal that the two are (seemingly) conflicting, hence time difference is zero.

Please share your understanding on these. Smile


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Re: Clarfication on Maximum Periods

Post by RDV @ GP3i on Wed Feb 09, 2011 1:36 pm

engrjhez® wrote:A careful reading of the IRR:
"25.4. Bids shall be received by the BAC on the date, time, and place specified in the Invitation to Bid/Request for Expression of Interest. The following periods from the last day of posting of the Invitation to Bid/Request for Expression of Interest up to the submission and receipt of bids shall be observed... x x x"
and a reading of PhilGEPS policy (click this link):
Q#29 What do you mean by Closing Date/Time?
A: For Public Bidding:
Single Stage - This field refers to the deadline of bid submission. x x x
will reveal that the two are (seemingly) conflicting, hence time difference is zero.

Please share your understanding on these. Smile
I am sorry, but I don't see the conflict.

The setting of the deadline for the submission and receipt of bids is up to the procuring entity. However, Sec. 25.4 of the IRR prescribes the maximum period from the last day of posting (45 c.d. for Goods, 50-65 c.d. for Infra, and 75 c.d. for Consulting Services) up to the submission and receipt of bids. Procuring entities are mandated to observe these maximum periods in the case of public bidding. Considering that those are maximum periods, procuring entities could set the deadline for submission much earlier.

On the other hand, the PhilGEPS FAQ refers to the Closing Date/Time which is also the deadline for bid submission. That deadline for bid submission should observe the provision of Sec. 25.4 of the IRR; hence, there should be no conflict.
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Re: Clarfication on Maximum Periods

Post by engrjhez® on Wed Feb 09, 2011 2:08 pm

RDV @ GP3i wrote:
I am sorry, but I don't see the conflict.

The setting of the deadline for the submission and receipt of bids is up to the procuring entity. However, Sec. 25.4 of the IRR prescribes the maximum period from the last day of posting (45 c.d. for Goods, 50-65 c.d. for Infra, and 75 c.d. for Consulting Services) up to the submission and receipt of bids. Procuring entities are mandated to observe these maximum periods in the case of public bidding. Considering that those are maximum periods, procuring entities could set the deadline for submission much earlier.

On the other hand, the PhilGEPS FAQ refers to the Closing Date/Time which is also the deadline for bid submission. That deadline for bid submission should observe the provision of Sec. 25.4 of the IRR; hence, there should be no conflict.

If so, it follows that posting/advertisement is mutually exclusive from availability of bidding documents (am I correct?). Under Sec.17.3 of the IRR:
17.3. To provide prospective bidders ample time to examine the Bidding Documents and to prepare their respective bids, the concerned BAC shall make the Bidding Documents for the contract to be bid available for the following period:

a) For the procurement of goods and infrastructure projects, from the time the Invitation to Bid is first advertised/posted until the deadline for the submission and receipt of bids.

x x x

Our current practice (as suggested by PhilGEPS) is satisfying Sec.17.3 by making our posting period "active" until the deadline of submission and receipt of bids. If the posting/advertisement is set, say 7days in the PhilGEPS, is there a mechanism where the Bidding Documents can still be downloadable after the Bid Notice has been closed? If there's none, then it would defeat the requirement of Section 17.3 in as far as exposure and availability of bidding documents is concerned, at least electronically. Smile

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Re: Clarfication on Maximum Periods

Post by RDV @ GP3i on Wed Feb 09, 2011 3:29 pm

[quote="engrjhez®"]
RDV @ GP3i wrote:
I am sorry, but I don't see the conflict.

The setting of the deadline for the submission and receipt of bids is up to the procuring entity. However, Sec. 25.4 of the IRR prescribes the maximum period from the last day of posting (45 c.d. for Goods, 50-65 c.d. for Infra, and 75 c.d. for Consulting Services) up to the submission and receipt of bids. Procuring entities are mandated to observe these maximum periods in the case of public bidding. Considering that those are maximum periods, procuring entities could set the deadline for submission much earlier.

On the other hand, the PhilGEPS FAQ refers to the Closing Date/Time which is also the deadline for bid submission. That deadline for bid submission should observe the provision of Sec. 25.4 of the IRR; hence, there should be no conflict.

If so, it follows that posting/advertisement is mutually exclusive from availability of bidding documents (am I correct?). Under Sec.17.3 of the IRR:
17.3. To provide prospective bidders ample time to examine the Bidding Documents and to prepare their respective bids, the concerned BAC shall make the Bidding Documents for the contract to be bid available for the following period:

a) For the procurement of goods and infrastructure projects, from the time the Invitation to Bid is first advertised/posted until the deadline for the submission and receipt of bids.

x x x
If you mean by "mutually exclusive" is that posting/advertisement cannot occur at the same time with availability of bidding documents, then you are not correct. The bidding documents should already be available from the start of the posting period until the deadline for bid submission per Sec. 17.3 you quoted above. At least, for the 7 c.d. period of posting, they are not mutually exclusive.

engrjhez® wrote:Our current practice (as suggested by PhilGEPS) is satisfying Sec.17.3 by making our posting period "active" until the deadline of submission and receipt of bids. If the posting/advertisement is set, say 7days in the PhilGEPS, is there a mechanism where the Bidding Documents can still be downloadable after the Bid Notice has been closed? If there's none, then it would defeat the requirement of Section 17.3 in as far as exposure and availability of bidding documents is concerned, at least electronically. Smile
I think only PhilGEPS can answer that. If the PhilGEPS will close after 7 c.d. posting period, there is still the procuring entity's website, if available, where the bid docs could be downloaded.
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Re: Clarfication on Maximum Periods

Post by sunriser431 on Wed Feb 09, 2011 4:14 pm

May I butt in, excerpt from the revised IRR for illustration purpose. bounce
Annex C " Period of Action on Procurement Activities"
Latest Allowable Time for Goods
stage 1. Advertisement/Posting of Invitation to bid/request for expression of Interest
7 CD
stage 2. xxxx
stage 3. Issuance and availavility of bidding documents -
From 1st day of stage 1 until stage 5 (refer to section 17.3 )
stage 4. xxxx
stage 5. Submission and receipt of bids
45 CD from last day of stage 1 for goods.
(refer to section 25.4(a)


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Re: Clarfication on Maximum Periods

Post by RDV @ GP3i on Wed Feb 09, 2011 4:31 pm

sunriser431 wrote:May I butt in, excerpt from the revised IRR for illustration purpose. bounce
Annex C " Period of Action on Procurement Activities"
Latest Allowable Time for Goods
stage 1. Advertisement/Posting of Invitation to bid/request for expression of Interest
7 CD
stage 2. xxxx
stage 3. Issuance and availavility of bidding documents -
From 1st day of stage 1 until stage 5 (refer to section 17.3 )
stage 4. xxxx
stage 5. Submission and receipt of bids
45 CD from last day of stage 1 for goods.
(refer to section 25.4(a)

Thanks, sunriser. These periods you quoted from Annex C of the IRR are consistent with Sec. 17.3 and Sec. 25.4 of the IRR, which is also consistent with that of the PhilGEPS.
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Re: Clarfication on Maximum Periods

Post by engrjhez® on Thu Feb 10, 2011 1:40 am

RDV, sunriser:

Please allow me to go back on my concern:
engrjhez® wrote:A careful reading of the IRR:
"25.4. Bids shall be received by the BAC on the date, time, and place specified in the Invitation to Bid/Request for Expression of Interest. The following periods from the last day of posting of the Invitation to Bid/Request for Expression of Interest up to the submission and receipt of bids shall be observed... x x x"
and a reading of PhilGEPS policy (click this link):
Q#29 What do you mean by Closing Date/Time?
A: For Public Bidding:
Single Stage - This field refers to the deadline of bid submission. x x x

I would agree that posting/advertisement MUST occur at the same time with availability of bidding documents -at least from the 1st day point of view. My second (and actual) concern on "mutually exclusive" case is actually for "last day of posting" and "deadline for submission/receipt of bids". To be consistent with the IRR, they must not occur at the same time (is that correct?). My current understanding is that they pertain to one same date which I later saw was not the case, so I got confused. To illustrate this, let us have Procurement of Goods for example:
A = PhilGEPS Scheduling column
B = Bidding Documents column
C = Procurement Process column


Will appreciate comments Smile
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Re: Clarfication on Maximum Periods

Post by sunriser431 on Thu Feb 10, 2011 2:49 pm

Excerpt from the Generic procurement Manual 2006. Some of the sections and provision have been revised,changed, but lets us try to get the very essence of the procedures and the expanations provided in the GPM manual 2006. Hope it might help. bounce

General Procurement Activities and Timeline for Goods
Below is the timeline for the public bidding of goods under R.A. 9184 and its IRR-A

1a. Publishes the IAEB in the Newspaper . IRR-A Sec. 5 (h) states that: “Competitive Bidding. Refers to a method of procurement which is open to participation by any interested party and which consists of the following processes: advertisement, pre-bid conference, eligibility screening of prospective bidders, receipt and opening of bids, evaluation of bids, post-qualification, and award of contract.” Based on the order in which the processes are introduced, we can glean that procurement through Competitive Bidding starts with advertisement. Hence, this activity shall be Day 1 of the timeline for the procurement process. When a pre-procurement conference is necessary, it is advisable not to hold it too far from the initial planned date of the advertisement of the IAEB. Take note that advertisement of the IAEB in the newspaper is not required for contracts to be bid with an ABC < P2,000,000.00 (IRR-A Sec. 21.2.3) and for alternative methods as provided for in Rule XVI of the IRR-A of R.A. 9184. (IRR-A Sec. 21.2.4)

1b. Posts the IAEB in the Website of the Procuring Entity, its E-Procurement Service Provider, if any, PhilGEPS, & at a Conspicuous Place Reserved for this Purpose. IRR-A Sec. 21.2.1 provides that the IAEB shall be posted continuously in the website of the Procuring Entity concerned, if available, the website of the Procuring Entity’s service provider,if any, as provided in IRR-A Sec. 8, the G-EPS, and at any conspicuous place reserved for this purpose in the premises of the Procuring Entity concerned for seven (7) calendar days starting on date of advertisement. This means that the IAEB shall be continuously posted from Day 1 to Day 7.

2a. Issue Bidding Documents. IRR-A Sec. 17.5 states that: “Prospective bidders shall be given ample time to examine the bidding documents and to prepare their respective bids. To provide ample time, the concerned BAC shall promptly issue the bidding documents for the contract to be bid at the time the Invitation to Apply for Eligibility and to Bid is first advertised.” This means that the earliest possible issuance of Bidding Documents is Day 1.

With regard to the latest possible issuance, IRR-A Sec. 21.2.2 (i) states that: “For goods, a maximum period of thirty (30) calendar days from date of advertisement and/or 1st day of posting of the Invitation to Apply for Eligibility and to Bid up to opening of bids.” Since the earliest possible issuance of Bidding Documents is Day 1, its latest possible issuance shall then be Day 31.

2b. Secure Bidding Documents. For purposes of participating in the bidding, the Bidding Documents can be acquired as early as the first day of advertising and/or posting of IAEB and as late as before the submission of bids. However, time is against the bidder if he/she opts to get the Bidding Documents at the last minute.

3a. Calls a Pre-bid Conference. IRR-A Sec. 22.2 states that: “The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the submission and receipt of bids.” Since the latest possible deadline for the submission and receipt of bids is Day 31, (see 4a. Submits Eligibility, Technical and Financial Envelopes) the latest possible time shall then be Day 19. It should be noted that the deadline for the submission and receipt of bids is the same as the date of bid opening.

The earliest possible time to call a pre-bid conference is suggested to be seven (7) calendar days after the date of advertisement and/or posting of the IAEB. Since the earliest possible time to publish the IAEB is Day 1, this pegs the earliest date for the Pre-bid Conference to Day 8. Take note that the suggestion for the earliest possible time is not stated in the law or in the IRR-A, but is provided for in this manual to give the bidders ample time to study the
bidding documents prior to the pre-bid conference, which also reflects the legislative intent behind IRR-A Sec. 22.2

3b. Makes Available Copies of Minutes of the Pre-bid Conference. IRR-A Sec. 22.3 states that: “The minutes of the pre-bid conference shall be recorded and made available to all participants not later than three (3) calendar days after the pre-bid conference.” Thus, the earliest and latest possible availability of the copies of the minutes is Day 11 and Day 22 respectively.

3c. Issues Supplemental/Bid Bulletin. IRR-A Sec. 22.5.1 states that: “The BAC shall respond to the said request by issuing a Supplemental/Bid Bulletin, duly signed by the BAC chairman, to be made available to all those who have properly secured the bidding documents from the Procuring Entity, at least seven (7) calendar days before the deadline for the submission and receipt of bids.” Similarly, IRR-A Sec. 22.5.2 states that: “Supplemental/Bid Bulletins may be issued upon the Procuring Entity’s initiative for purposes of clarifying or modifying any provision of the bidding documents not later than seven (7) calendar days before the deadline for the submission and receipt of bids.” Since the latest possible deadline for the submission and receipt of bids is Day 31, (see 4a. Submits Eligibility, Technical and Financial Envelopes) the latest possible issuance shall then be Day 24.

For the earliest possible time, it is possible for the BAC to issue Supplemental/Bid Bulletins at its own initiative immediately after the Bidding Documents are issued, even within the same day. Thus, the earliest possible day for the issuance of the Bidding Documents may actually be the earliest possible issuance of the Supplemental/Bid Bulletin as well, already taking into consideration the preparation of the Supplemental/Bid Bulletin and approval by the BAC Chairman. This pegs the earliest possible issuance of the Supplemental/Bid Bulletin to Day 1

4a. Submits Eligibility, Technical and Financial Envelopes. IRR-A Sec. 21.2.2 (i) states that: “For goods, a maximum period of thirty (30) calendar days from date of advertisement and/or 1st day of posting of the Invitation to Apply for Eligibility and to Bid up to opening of bids.” Since the date of advertisement and/or 1st day of posting of the IAEB is Day 1 and the maximum period is thirty (30) calendar days, the latest possible submission date shall then be Day 31

With regard to the earliest possible time, nothing in the law or IRR-A of R.A. 9184 prohibits the bidders from submitting their Eligibility Envelopes to the BAC immediately after the IAEB is first advertised. Thus, the earliest possible time for this activity is Day 1. IRR-A, Section 23.6, allows the BAC to maintain a file of the Class “A” Eligibility Documents. When such file is required, a manufacturer, supplier or distributor may simply maintain a current file of these documents at least once a year or more frequently when needed. This means that, with respect to Class “A” Eligibility Documents,” these may be submitted to the Procuring Entity even before any bidding activity – thus even before Day 1.

4b. Receives and Opens Eligibility, Technical and Financial Envelopes. IRR-A Sec. 22.2 states that: “The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the submission and receipt of bids.” This implies that if the Procuring Entity holds its pre-bid conference as suggested, i.e. Day 8, (See 3a. Calls a Pre-Bid Conference) the earliest possible receipt [and opening] of the bids is twelve (12) calendar days after that, which is Day 20.

IRR-A Sec. 21.2.2 (i) states that: “For goods, a maximum period of thirty (30) calendar days from date of advertisement and/or 1st day of posting of the Invitation to Apply for Eligibility and to Bid up to opening of bids.” Since the date of advertisement and/or 1st day of posting of the IAEB is Day 1 and the maximum period is thirty (30) calendar days, the latest possible submission date shall then be Day 31.

5. Evaluates Bids and Determines LCB. IRR-A Sec. 32.3 states that: “The entire evaluation process shall be completed in not more than seven (7) calendar days for the procurement of goods and infrastructure projects from the deadline for receipt of proposals.” Since the latest possible deadline for receipt of proposals is Day 31 (See 4a. Submits
Eligibility, Technical & Financial Envelopes) the latest possible time for this activity is pegged at Day 38.

The earliest possible time is the day after the earliest possible date of opening of bids. Since the earliest possible time for the opening of bids is Day 20, this pegs the earliest possible time to Day 21.

6. Conducts Post-Qualification and Determines LCRB. IRR-A Sec. 34.1 states that: “Within seven (7) calendar days from the determination of the Lowest Calculated Bid, the BAC shall conduct and accomplish a post-qualification of the bidder with the Lowest Calculated Bid”. Since the latest possible time for the determination of the LCB is Day 38, the latest
possible time to conduct post-qualification and determine LCRB is Day 45. However, it should be noted that in IRR-A Section 34.1 further states that: “In exceptional cases, the postqualification period may be extended by the head of the procuring entity, but in no case shall the aggregate period exceed thirty (30) calendar days.” This means that the latest possible time to conduct post-qualification in exceptional cases is Day 68.

One (1) calendar day after the earliest possible time for the determination of the LCB is assumed for the earliest possible time of these activities, which pegs it to Day 22.

7a. Drafts the BAC Resolution Recommending Award. The earliest and latest possible dates for this activity are the same as the earliest and latest possible dates for postqualification and determination of LCRB, which are Day 22 and Day 45 respectively.

7b. Approves Recommendation and Issues Notice of Award. IRR-A Sec. 37.2.1 states that: “Within a period not exceeding seven (7) calendar days from the determination and declaration by the BAC of the Lowest Calculated and Responsive Bid, and the recommendation of the award, the Head of the Procuring Entity or his duly authorized representative shall approve or disapprove the said recommendation. x x x In case of approval, the Head of the
Procuring Entity or his duly authorized representative shall immediately issue the Notice of Award to the bidder with the Lowest Calculated and Responsive Bid.” Since the latest possible time to determine LCRB is Day 45, the latest possible time for this activity shall then be pegged at Day 52. However, “In the case of GOCCs and GFIs, the period provided herein shall be fifteen (15) calendar days.” In which case, the latest possible time shall be pegged at Day 60.

One (1) calendar day after the earliest possible time for the BAC Secretariat to draft the BAC resolution recommending award is assumed for the earliest possible time of these activities, which pegs it to Day 23.

8a. BAC Finalizes the Contract with the Assistance of the TWG. The earliest possible date for finalizing the contract is the same as the earliest possible time for issuance of notice of award, which is Day 23. The latest possible date for this activity is the same as the latest possible date for signing of the contract, which is Day 62 or, in the case of GOCCs and GFIs, Day 70.

8b. Bidder with LCRB Posts Performance Security and Signs Contract. IRR-A Sec. 37.3 states that: “The winning bidder or its duly authorized representative shall comply with all the remaining documentary requirements, if any, prior to formally entering into contract with the procuring entity concerned within ten (10) calendar days from receipt by the winning bidder of the Notice of Award.” If it were to be assumed that the winning bidder received the notice of award on the same date that it was issued, then the latest possible time for contract signing is Day 62 or, in the case of GOCCs and GFIs, Day 70.

One (1) calendar day after the earliest possible time for the contract to be finalized is assumed for the earliest possible time of this activity, which is pegged at Day 24.

8c. Head of the Procuring Entity or Contract Signatory Signs the Contract and Receives the Performance Security. The earliest possible date for the Head of the Procuring Entity to sign the contract is the same as the earliest possible time for the bidder with LCRB to sign the same, which is Day 24.

The latest possible date for this activity is the same as the latest possible date for the bidder with LCRB to sign the contract, which is Day 62 or Day 70, as the case may be.

8d. Perfects and Approves Contract. IRR-A Sec. 37.4 states that: “When further approval of higher authority is required, the approving authority for the contract, or his duly authorized representative, shall be given a maximum of fifteen (15) calendar days from receipt thereof, together with all documentary requirements to perfect the said contract, to approve or disapprove it.” Since the latest possible time for contract signing is pegged at Day 62, the
latest possible time for this activity is pegged at Day 77. However, “In the case of GOCCs, the concerned board, or its duly authorized representative, shall act on the approval of the contract within twenty-five (25) calendar days from receipt thereof together with all documentary requirements to perfect the said contract.” Since the latest possible time for contract signing, in the case of GOCCs, is Day 70, this pegs the latest possible time to perfect and approve the contract by the higher authority at Day 95.

One (1) calendar day after the earliest possible time for the contract to be signed by both parties is assumed for the earliest possible time of this activity, which pegs it at Day 25. Take note that this becomes step "8d" only when approval of higher authority is required.

8e. Issues NTP. IRR-A Sec. 37.5 states that: “The concerned procuring entity shall then issue the Notice to Proceed together with a copy or copies of the approved contract to the successful bidder within three (3) calendar days from the date of approval of the contract by the appropriate government approving authority.” Since the latest possible times for the approval of the contract is Day 62 if further approval is not required, for NGAs; Day 70 if further approval is not required, for GOCCs; Day 77 if further approval is required, for NGAs; or Day 95 if further approval is required, for GOCCs; the latest issuance of the NTP is pegged at Day 65, Day 73, Day 80 or Day 98, as the case may be.

One (1) calendar day after the earliest possible time for the contract to be signed by both parties is assumed for the earliest possible time of this activity, which pegs it to Day 25 if further approval is not required, or Day 26 if further approval is required. Take note that this becomes step "8d" when approval of higher authority is not required
.





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Re: Clarfication on Maximum Periods

Post by engrjhez® on Thu Feb 10, 2011 4:12 pm

Thanks for quoting the 'old' Generic Procurement Manual. It helps to look back from time to time.
sunriser431 wrote:x x x
1b. Posts the IAEB in the Website of the Procuring Entity, its E-Procurement Service Provider, if any, PhilGEPS, & at a Conspicuous Place Reserved for this Purpose. IRR-A Sec. 21.2.1 provides that the IAEB shall be posted continuously in the website of the Procuring Entity concerned, if available, the website of the Procuring Entity’s service provider,if any, as provided in IRR-A Sec. 8, the G-EPS, and at any conspicuous place reserved for this purpose in the premises of the Procuring Entity concerned for seven (7) calendar days starting on date of advertisement. This means that the IAEB shall be continuously posted from Day 1 to Day 7.
x x x

This is the conflict I am pointing out. If the posting/advertisement starts at Day 1 and terminates at Day 7 (closing date), how come it would be the same time the deadline for submission and receipt of bids?

scratch
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Re: Clarfication on Maximum Periods

Post by RDV @ GP3i on Sat Feb 12, 2011 7:43 am

engrjhez® wrote:I would agree that posting/advertisement MUST occur at the same time with availability of bidding documents -at least from the 1st day point of view. My second (and actual) concern on "mutually exclusive" case is actually for "last day of posting" and "deadline for submission/receipt of bids". To be consistent with the IRR, they must not occur at the same time (is that correct?). My current understanding is that they pertain to one same date which I later saw was not the case, so I got confused.

The "last day of posting" (at least the requirement for continuous posting per Sec. 21.2) is the 7th day which should not be the "deadline for the submission/receipt of bids". The deadline for submission will come in a later date but should not be more than 45/65/75 c.d from the last day of posting for Goods/Infra/Consulting Services (Sec. 25.4).

Others may argue that it could happen that both may fall on the same date if the ABC is less than P1 million, since there is no longer a need to conduct a Pre-bid Conference (which is at least 12 c.d. before the deadline for submission/receipt of bids). However, that is not, in essence, being allowed by the IRR. Although there is no specific provision in the IRR to the effect, per Annex C (Period of Action on Procurement Activities) of the IRR, the earliest possible time for public bidding from 1st day of posting up to the issuance of NTP is 28 c.d. and 34 c.d. for Goods/Infra and Consulting Services, respectively. Those numbers still include a minimum period of 20 c.d. for the availability of bidding documents (which is also the same date as the deadline for submission/receipt of bids).

The deadline for the submission/and receipt of bids should not be earlier than 20 c.d. from the 1st day of posting which is beyond the 7 c.d. continuous posting period. Therefore, they could not really fall on the same date.
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Re: Clarfication on Maximum Periods

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

RDV @ GP3i wrote:
The "last day of posting" (at least the requirement for continuous posting per Sec. 21.2) is the 7th day which should not be the "deadline for the submission/receipt of bids". The deadline for submission will come in a later date but should not be more than 45/65/75 c.d from the last day of posting for Goods/Infra/Consulting Services (Sec. 25.4).

Others may argue that it could happen that both may fall on the same date if the ABC is less than P1 million, since there is no longer a need to conduct a Pre-bid Conference (which is at least 12 c.d. before the deadline for submission/receipt of bids). However, that is not, in essence, being allowed by the IRR. Although there is no specific provision in the IRR to the effect, per Annex C (Period of Action on Procurement Activities) of the IRR, the earliest possible time for public bidding from 1st day of posting up to the issuance of NTP is 28 c.d. and 34 c.d. for Goods/Infra and Consulting Services, respectively. Those numbers still include a minimum period of 20 c.d. for the availability of bidding documents (which is also the same date as the deadline for submission/receipt of bids).

The deadline for the submission/and receipt of bids should not be earlier than 20 c.d. from the 1st day of posting which is beyond the 7 c.d. continuous posting period. Therefore, they could not really fall on the same date.

Thanks for that clarification.

I think this is one of the problems why there is "circumvention" of the process. After have read every line of the IRR, I noticed (as a layman) that reasoning and principles change from time to time. Although the overall intent can be later justified and cleared (by the GPPB), a reader with no legal/law background (like me Smile ) may insist that the GPRA is not being consistent to itself. Following that, someone may ask "Why not put the phrase 'at least' to the 7 days continuous posting?" coz it apparently would limit the posting by (exactly) 7 days. Using 'shall' as a categorical term it will be disputable later with Annex C. Also, Annex C must be cleared that the reference "from last day of Stage 1" actually meant "from the last day of the 7-day requirement of Stage 1" or simply "from day 7 of Stage 1". Otherwise, the statement that "the closing date (which technically is closing of advertisement in the PhilGEPS) refers to deadline of of submission/receipt of bids" will blow our minds.

Very Happy
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engrjhez®
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Re: Clarfication on Maximum Periods

Post by sunriser431 on Sat Feb 12, 2011 6:50 pm

In my previous experience, and as far our agency is concern, we follow the procedure of the "earliest possible time of annex C " in posting and advertisement of bid notices. bounce its easy to follow the procurement timeline. Very Happy
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Re: Clarfication on Maximum Periods

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