Rule XIII-Bidding of Provincial Projects

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Rule XIII-Bidding of Provincial Projects

Post by cgga91 on Sat Dec 20, 2008 1:19 pm

Are the provisions of Section 44 and 45 still valid?

Was the five year term for this sections extended?

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Provincial Projects

Post by dlsn on Mon Dec 22, 2008 1:37 pm

The privilege granted to provincial bidders for provincial projects under Sections 44 and 45 of RA 9184 and its IRR-A no longer applies to projects the Invitation to Apply for Eligibility for which were issued after 26 January 2008.

Allow me, however, to pose the following questions in connection with the foregoing matter:

  1. While there have been no known efforts in Congress to extend the application of the afore-mentioned privilege, do you think that said privilege to provincial bidders should be extended?

  2. Further, considering that the rationale for the provisions is to strengthen the capacity of provincial bidders to compete with non-provincial bidders, do you think that this objective was attained within the 5 year period of its implementation?

  3. Lastly, if you are in favor of the extension, how long should the period be extended? And do you think that extending the privilege will benefit government procuring entities?
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Re: Rule XIII-Bidding of Provincial Projects

Post by cgga91 on Thu Jan 01, 2009 12:47 am

Let me answer the questions as follows:

1. I do not think there is a need to extend these provisions.

2. No, it did not attain the objective of the provision. And in my opinion this was not really the reason behind the inclusion of this sections is to give protection to the favored contractors of the congressman/congresswoman.

The real challenge of RA 9184 and its IRR-A is graft and corruption. So far, it has succeeded already when it mandated that all advertisement be posted in the Philgeps Website. With the advertisement now on level playing grounds the next step is stop the unholy cooperation among contractors/constructors and also with the implementing agency personnel. But most of all how do we stop the political intervention in the implementation of government procurement.

This is not just an observation,but I have lived through this process. I have been around this construction industry from the time that I graduated from college in 1987 up to the present. A truly level playing field will benefit everybody.

My observation all these years in the industry is that, had the World Bank and other lending institutions not insisted on the implementation of RA 9184 which basically is patterned after most provisions of an international bidding procedure, we would still be with P.D. (I forget already the number).

Another thing how come agencies have their own procurement manuals? The IRR-A should have been enough and it there were special requirements for a particular bidding it should have been put in the respective bid documents and then properly discussed in the pre-bidding documents. Simplicity in the procurement procedures should be applied to all.

Lastly it is my opinion that final solution the would strengthen our procurement procedures is the full use of the internet from the advertisement, communications to the bidding stakeholders, eligibility processing,and submission of bids.

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