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Supplemental on Motion for Recon

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Supplemental on Motion for Recon

Post by edprintshoppe on Sat Aug 20, 2011 1:51 pm

Sir, on Motion for Reconsideration submitted w/c is only 3 working days from the date of opening, if their is missed to state/modify/correction on issues and concerns on MR submitted , how many days i'm allowed to submit Supplemental letter on submitted MR? and how many MR i'm allowed to submit and on what concerns i'm legally bound to MR. Does i'm allowed to submit MR letter for every bidder found to raise an issue or one Letter containing all concerns to all bidders that need to be address?
Does any advice on how to MR to have a better position?

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Re: Supplemental on Motion for Recon

Post by RDV @ GP3i on Sun Aug 21, 2011 4:45 pm

edprintshoppe wrote:
Sir, on Motion for Reconsideration submitted w/c is only 3 working days from the date of opening, if their is missed to state/modify/correction on issues and concerns on MR submitted , how many days i'm allowed to submit Supplemental letter on submitted MR? and how many MR i'm allowed to submit and on what concerns i'm legally bound to MR. Does i'm allowed to submit MR letter for every bidder found to raise an issue or one Letter containing all concerns to all bidders that need to be address?
Does any advice on how to MR to have a better position?

A bidder has three (3) calendar days from receipt of written/verbal notice from the BAC (not really 3 working days and not from the date of bid opening, but from receipt of notice whether written or verbal.)

If the bidder fails to state or include valid reasons in its request for reconsideration, the said bidder is not anymore allowed to submit supplemental pleadings to its request. The bidder can only submit a request for reconsideration to a specific action of the BAC once. If the request is denied, the next remedy of the bidder is to file a Protest and not anymore another request for reconsideration. For each original action of the BAC, a bidder can submit a request for reconsideration, but a BAC action denying a request for reconsideration does not anymore merit another request for reconsideration. The proper remedy is to file a Protest before the HOPE. However, the requirements for a valid protest are: (1) it has to be in a verified position paper; (2) it has to be submitted to the HOPE within 7 c.d. from receipt of BAC decision denying its request for reconsideration; and (3) it has to be accompanied by payment of a protest fee of least 1% of the ABC.
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Re: Supplemental on Motion for Recon

Post by edprintshoppe on Sun Aug 21, 2011 5:23 pm

Sir. . the MR i submitted was both address to the BAC Chair and to the HOPE (as per observation in the opening of bids ). . . . WHAT IF the outcome of my MR still denying my request, which is BAC obvious decision w/c is contradictory to IRR of RA9184. Do i have to protest when my MR was already been address to the HOPE already? or do i have to proceed my prayer direct to the RTC?

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Re: Supplemental on Motion for Recon

Post by RDV @ GP3i on Sun Aug 21, 2011 6:37 pm

edprintshoppe wrote:Sir. . the MR i submitted was both address to the BAC Chair and to the HOPE (as per observation in the opening of bids ). . . . WHAT IF the outcome of my MR still denying my request, which is BAC obvious decision w/c is contradictory to IRR of RA9184. Do i have to protest when my MR was already been address to the HOPE already? or do i have to proceed my prayer direct to the RTC?

An MR (the correct term is actually 'request for reconsideration'(RFR)) is submitted only to the BAC. The proper procedure, therefore, is to submit first a request for reconsideration with the BAC. If the BAC denies the RFR, you can no longer file another request for reconsideration. The next step is to file a Protest with the HOPE. In filing a Protest, there are already legal formalities; i.e., it has to be in a verified position paper, and also you have to accompany that with a Protest fee which is equivalent to 1% of the ABC. Failing to do that, your request should denied outright. You have to go thru this process before you could proceed to the RTC to ask for your legal remedies. In other words, you will need to exhaust first your administrative remedies, which are to file a RFR first and if denied, to file a Protest. You can only go direct to the RTC if you are denied these administrative opportunities by the BAC and/or the HOPE, or if your Protest is denied by the HOPE.
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Re: Supplemental on Motion for Recon

Post by engrjhez® on Mon Aug 22, 2011 2:19 pm

RDV @ GP3i wrote:
edprintshoppe wrote:Sir. . the MR i submitted was both address to the BAC Chair and to the HOPE (as per observation in the opening of bids ). . . . WHAT IF the outcome of my MR still denying my request, which is BAC obvious decision w/c is contradictory to IRR of RA9184. Do i have to protest when my MR was already been address to the HOPE already? or do i have to proceed my prayer direct to the RTC?

An MR (the correct term is actually 'request for reconsideration'(RFR)) is submitted only to the BAC. The proper procedure, therefore, is to submit first a request for reconsideration with the BAC. If the BAC denies the RFR, you can no longer file another request for reconsideration. The next step is to file a Protest with the HOPE. In filing a Protest, there are already legal formalities; i.e., it has to be in a verified position paper, and also you have to accompany that with a Protest fee which is equivalent to 1% of the ABC. Failing to do that, your request should denied outright. You have to go thru this process before you could proceed to the RTC to ask for your legal remedies. In other words, you will need to exhaust first your administrative remedies, which are to file a RFR first and if denied, to file a Protest. You can only go direct to the RTC if you are denied these administrative opportunities by the BAC and/or the HOPE, or if your Protest is denied by the HOPE.

Please allow me to raise this question. If for some reasons, the administrative remedies are not exercised, can the bidder still resort into courts. Smile
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Re: Supplemental on Motion for Recon

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