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PhilGeps Posting of Notice of Award Sufficient Notice?

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PhilGeps Posting of Notice of Award Sufficient Notice?

Post by meijunji on Sat Apr 16, 2011 12:24 am

I would like to inquire if the posting of Notice of Award at the PhilGeps constitutes a sufficient notice to the bidders of the result of the bidding. Is there a need to require actual notice for example: written or verbal notification of notice of award to the bidders?

what is the basis for filing deadline of motion for reconsideration? upon actual knowledge of the notice of award? or upon posting of the notice in the Philgeps?

Hoping you can help us decide. thank you.

meijunji
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Re: PhilGeps Posting of Notice of Award Sufficient Notice?

Post by RDV @ GP3i on Sat Apr 16, 2011 9:01 am

meijunji wrote:I would like to inquire if the posting of Notice of Award at the PhilGeps constitutes a sufficient notice to the bidders of the result of the bidding. Is there a need to require actual notice for example: written or verbal notification of notice of award to the bidders?
There has to be a Notice of Award (NOA) that is sent directly to the winning bidder which should also be received by the winning bidder. It has to be received by the bidder because the receipt is the next point for counting the 10 c.d. period within which the winning bidder should sign the contract and post the required Performance Security, aside from the other requirements under Sec. 37. The posting of the NOA is only for purposes of transparency so that the public knows to whom the bidded project was awarded to and at what price.

meijunji wrote:what is the basis for filing deadline of motion for reconsideration? upon actual knowledge of the notice of award? or upon posting of the notice in the Philgeps?

Hoping you can help us decide. thank you.
The filing of MR can only be done prior to award or issuance of the Notice of Award. It is therefore not possible for the MR to prosper if a NOA has already been issued and/or posted in the PhilGEPS.

Why is this so? Because the MR is filed with the BAC and if a NOA has already been issued (by the HOPE or his duly authorized official), the BAC responsibility has already effectively ended when the BAC recommended (thru a BAC Resolution) the award of the contract to the LCRB/HRRB. That recommendation is prior to the approval by the HOPE of the said BAC recommendation, much prior to the issuance of NOA, and much prior to the posting of the NOA in the PhilGEPS.

How can then any bidder file an MR? What is the notification prior to the NOA that could be the basis to file an MR by an aggrieved bidder? Sec. 37.1.2 of the IRR requires the BAC to notify all losing bidders (N.B. On the other hand the NOA is a notification to the winning bidder) at the same time that it recommends to the HOPE the award of contract to the winning bidder. In other words, prior to the issuance of the NOA the losing bidders should have been properly notified and any MR should be filed also within that period. If an MR has been received by the BAC within the reglementary period of 3 c.d. from receipt of the notification, the HOPE should withhold issuance of NOA until the MR is resolved by the BAC.
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Re: PhilGeps Posting of Notice of Award Sufficient Notice?

Post by meijunji on Tue Apr 19, 2011 11:58 pm

Thank you sir. this will be of great help. Smile

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Re: PhilGeps Posting of Notice of Award Sufficient Notice?

Post by RDV @ GP3i on Wed Apr 20, 2011 8:13 am

meijunji wrote:Thank you sir. this will be of great help. Smile

Welcome meijunji. Where you in the first batch of training on procurement composed of Pag-IBIG managers and procurement practitioners which I conducted last March? If not, I hope you will be around in any of the other batches. I was invited again by Pag-IBIG this April 28, and at least four (4) more batches for the regions in May.
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