who shall undertake negotiated procurment?

View previous topic View next topic Go down

who shall undertake negotiated procurment?

Post by rmappala on Sun Oct 16, 2011 11:13 pm

Gud eve. I just want to clarify issues on Sec. 53 particularly negotiated procurement after two failed bid. Who shall undertake this? the BAC or the procuring unit? In our case, we have our own procurement unit who prepares the contract and serves NTP after the successful conduct of bidding. Said unit is also doing the small value procurement or so called "shopping" but up to Php 500,000 only. My further questions are these particularly on infra:
1. Is there a need for bid security? if not, what form of bond is needed? ex. Performance Bond
2. Is there a need to conduct post qualification?
3. What if from the 3 suppliers, the supplier who won the negotiated procurement is one of those suppliers participated in the two failed bidding? Is there a violation on this?
4. Who should really undertake the negotiated procurement? if it is the BAC, does it need to issue additional orders designating them as Negotiating Team?
5. Are the negotiating team entitled for honoraria?
6. What are the necessary documentary requirements to be attached in negotiated procurement?
7. Is it just simply to give the contract to the supplier or NOA & NTP should still be prepared and serve to the supplier?
8. Are the suppliers have to pay bid docs for negotiated procurement?


rmappala
New Member
New Member

Male Number of posts : 14
Company/Agency : phil army bids and awards committee
Occupation/Designation : vice chairman
Registration date : 2011-10-16

Back to top Go down

Re: who shall undertake negotiated procurment?

Post by jcolas on Mon Oct 17, 2011 10:28 am

"rmappala wrote":
Gud eve. I just want to clarify issues on Sec. 53 particularly negotiated procurement after two failed bid. Who shall undertake this? the BAC or the procuring unit? In our case, we have our own procurement unit who prepares the contract and serves NTP after the successful conduct of bidding. Said unit is also doing the small value procurement or so called "shopping" but up to Php 500,000 only. My further questions are these particularly on infra:
1. Is there a need for bid security? if not, what form of bond is needed? ex. Performance Bond
2. Is there a need to conduct post qualification?
3. What if from the 3 suppliers, the supplier who won the negotiated procurement is one of those suppliers participated in the two failed bidding? Is there a violation on this?
4. Who should really undertake the negotiated procurement? if it is the BAC, does it need to issue additional orders designating them as Negotiating Team?
5. Are the negotiating team entitled for honoraria?
6. What are the necessary documentary requirements to be attached in negotiated procurement?
7. Is it just simply to give the contract to the supplier or NOA & NTP should still be prepared and serve to the supplier?
8. Are the suppliers have to pay bid docs for negotiated procurement?

Welcome Sir rmappala to the Forum and here are my answers to your querries:
1. Yes. Bid Security is needed. Under Section 27 of the Revised IRR, bids should, whether for Infra, goods or consulting services, be accompanied by a bid security payable to the procuring entity to guarantee that the bidder shall, in the event of an award, enter into contract with the PE.
2. Yes. Section 34, of the Act mandates that the Lowest Calculated Bidder should be subjected to a Post-Qualification. It is during this phase that the BAC calls for the submission of some documents to be post-qualified in order to determine the readiness of the Lowest Calculated Bidder.
3. Their is no violation as I firmly believe that those who participated in the two failed biddings were contractors who passed your eligibility screening that your office conducted and is included in the Contractors' Registry that your office maintains.
4. Under 53.1.2, the BAC shall invite and engage in negotiations with a suffiencient number of contractor to ensure effective competition and in your case, codntractors who are incuded in your Contractors' Registry.
5.Minutes of all proceeding your office conducted in relation to the Negotiated Procurement.
6. The Notice to Award shall still be accomplished. After acceptance, the NTP and eventually the Contract.
7. Please take note that a Negotiated Procurement is the continuation of a failed bidding.
I hope that I clarified some doubts , but I hope RDV, Engjhez and other can come in.


avatar
jcolas
Board General
Board General

Male Number of posts : 517
Company/Agency : DepED RO 2
Occupation/Designation : Administrative Officer V
Registration date : 2009-07-02

Back to top Go down

Re: who shall undertake negotiated procurment?

Post by sunriser431 on Mon Oct 17, 2011 10:17 pm

rmappala wrote:Gud eve. I just want to clarify issues on Sec. 53 particularly negotiated procurement after two failed bid. Who shall undertake this? the BAC or the procuring unit? In our case, we have our own procurement unit who prepares the contract and serves NTP after the successful conduct of bidding. Said unit is also doing the small value procurement or so called "shopping" but up to Php 500,000 only. My further questions are these particularly on infra:
1. Is there a need for bid security? if not, what form of bond is needed? ex. Performance Bond
2. Is there a need to conduct post qualification?
3. What if from the 3 suppliers, the supplier who won the negotiated procurement is one of those suppliers participated in the two failed bidding? Is there a violation on this?
4. Who should really undertake the negotiated procurement? if it is the BAC, does it need to issue additional orders designating them as Negotiating Team?
5. Are the negotiating team entitled for honoraria?
6. What are the necessary documentary requirements to be attached in negotiated procurement?
7. Is it just simply to give the contract to the supplier or NOA & NTP should still be prepared and serve to the supplier?
8. Are the suppliers have to pay bid docs for negotiated procurement?

For guidance use the Generic Procurement Manual. For electronic copy, follow the
LINK and read starting page 94 onwards. Hope it might be of help.
For the guidelines of Honorarium, follow the LINK 1 and LINK 2 . Good luck. bounce
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: who shall undertake negotiated procurment?

Post by RDV @ GP3i on Mon Oct 17, 2011 11:08 pm

jcolas wrote:"rmappala wrote":
Gud eve. I just want to clarify issues on Sec. 53 particularly negotiated procurement after two failed bid. Who shall undertake this? the BAC or the procuring unit? In our case, we have our own procurement unit who prepares the contract and serves NTP after the successful conduct of bidding. Said unit is also doing the small value procurement or so called "shopping" but up to Php 500,000 only. My further questions are these particularly on infra:
1. Is there a need for bid security? if not, what form of bond is needed? ex. Performance Bond
2. Is there a need to conduct post qualification?
3. What if from the 3 suppliers, the supplier who won the negotiated procurement is one of those suppliers participated in the two failed bidding? Is there a violation on this?
4. Who should really undertake the negotiated procurement? if it is the BAC, does it need to issue additional orders designating them as Negotiating Team?
5. Are the negotiating team entitled for honoraria?
6. What are the necessary documentary requirements to be attached in negotiated procurement?
7. Is it just simply to give the contract to the supplier or NOA & NTP should still be prepared and serve to the supplier?
8. Are the suppliers have to pay bid docs for negotiated procurement?

Welcome Sir rmappala to the Forum and here are my answers to your querries:
1. Yes. Bid Security is needed. Under Section 27 of the Revised IRR, bids should, whether for Infra, goods or consulting services, be accompanied by a bid security payable to the procuring entity to guarantee that the bidder shall, in the event of an award, enter into contract with the PE.
2. Yes. Section 34, of the Act mandates that the Lowest Calculated Bidder should be subjected to a Post-Qualification. It is during this phase that the BAC calls for the submission of some documents to be post-qualified in order to determine the readiness of the Lowest Calculated Bidder.
3. Their is no violation as I firmly believe that those who participated in the two failed biddings were contractors who passed your eligibility screening that your office conducted and is included in the Contractors' Registry that your office maintains.
4. Under 53.1.2, the BAC shall invite and engage in negotiations with a suffiencient number of contractor to ensure effective competition and in your case, codntractors who are incuded in your Contractors' Registry.
5.Minutes of all proceeding your office conducted in relation to the Negotiated Procurement.
6. The Notice to Award shall still be accomplished. After acceptance, the NTP and eventually the Contract.
7. Please take note that a Negotiated Procurement is the continuation of a failed bidding.
I hope that I clarified some doubts , but I hope RDV, Engjhez and other can come in.
Just additional info.

Bid Security may no longer be required to be submitted, however, Performance Security is still necessary.

The negotiation shall be conducted by the BAC, although in the initial negotiation, the BAC may be assisted by another negotiating team. After the initial negotiations have been completed, the remaining interested bidders shall be required to submit their final offers (technical and financial) from which the BAC shall select the best offer. The process therefore is just like a public bidding; hence, the BAC may be paid honoraria in this case.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: who shall undertake negotiated procurment?

Post by jcolas on Tue Oct 18, 2011 7:49 am

[color=yellow]:
"rmappala wrote":
Gud eve. I just want to clarify issues on Sec. 53 particularly negotiated procurement after two failed bid. Who shall undertake this? the BAC or the procuring unit? In our case, we have our own procurement unit who prepares the contract and serves NTP after the successful conduct of bidding. Said unit is also doing the small value procurement or so called "shopping" but up to Php 500,000 only. My further questions are these particularly on infra:
1. Is there a need for bid security? if not, what form of bond is needed? ex. Performance Bond
2. Is there a need to conduct post qualification?
3. What if from the 3 suppliers, the supplier who won the negotiated procurement is one of those suppliers participated in the two failed bidding? Is there a violation on this?
4. Who should really undertake the negotiated procurement? if it is the BAC, does it need to issue additional orders designating them as Negotiating Team?
5. Are the negotiating team entitled for honoraria?
6. What are the necessary documentary requirements to be attached in negotiated procurement?
7. Is it just simply to give the contract to the supplier or NOA & NTP should still be prepared and serve to the supplier?
8. Are the suppliers have to pay bid docs for negotiated procurement?

Welcome Sir rmappala to the Forum and here are my answers to your querries:
1. Yes. Bid Security is needed. Under Section 27 of the Revised IRR, bids should, whether for Infra, goods or consulting services, be accompanied by a bid security payable to the procuring entity to guarantee that the bidder shall, in the event of an award, enter into contract with the PE.
2. Yes. Section 34, of the Act mandates that the Lowest Calculated Bidder should be subjected to a Post-Qualification. It is during this phase that the BAC calls for the submission of some documents to be post-qualified in order to determine the readiness of the Lowest Calculated Bidder.
3. Their is no violation as I firmly believe that those who participated in the two failed biddings were contractors who passed your eligibility screening that your office conducted and is included in the Contractors' Registry that your office maintains.
4. Under 53.1.2, the BAC shall invite and engage in negotiations with a suffiencient number of contractor to ensure effective competition and in your case, codntractors who are incuded in your Contractors' Registry.
5.Minutes of all proceeding your office conducted in relation to the Negotiated Procurement.
6. The Notice to Award shall still be accomplished. After acceptance, the NTP and eventually the Contract.
7. Please take note that a Negotiated Procurement is the continuation of a failed bidding.
I hope that I clarified some doubts , but I hope RDV, Engjhez and other can come in.[/color
]


Just additional info.

Bid Security may no longer be required to be submitted, however, Performance Security is still necessary.

The negotiation shall be conducted by the BAC, although in the initial negotiation, the BAC may be assisted by another negotiating team. After the initial negotiations have been completed, the remaining interested bidders shall be required to submit their final offers (technical and financial) from which the BAC shall select the best offer. The process therefore is just like a public bidding; hence, the BAC may be paid honoraria in this case.

When I posted that you need a bid security, I was thinking of a Public bidding. I forgot that we were discussing an alternative mode of procurement which is Negotiated Procurement. thank you Sir RDV for the correction. Sir mappala, please take note of the correction.






avatar
jcolas
Board General
Board General

Male Number of posts : 517
Company/Agency : DepED RO 2
Occupation/Designation : Administrative Officer V
Registration date : 2009-07-02

Back to top Go down

Re: who shall undertake negotiated procurment?

Post by rmappala on Tue Oct 18, 2011 2:14 pm

Thanks RDV & jcolas, but i don't find any provisions in RA 9184 that BAC is automatically the Negotiating Team for Negotiated Procurement after 2 failed bids. or i just dont see it clearly..pardon on this.. I just really wanted to have a clear understanding on this issue because we heave several projects that failed twice.

rmappala
New Member
New Member

Male Number of posts : 14
Company/Agency : phil army bids and awards committee
Occupation/Designation : vice chairman
Registration date : 2011-10-16

Back to top Go down

Re: who shall undertake negotiated procurment?

Post by engrjhez® on Tue Oct 18, 2011 2:31 pm

rmappala wrote:Thanks RDV & jcolas, but i don't find any provisions in RA 9184 that BAC is automatically the Negotiating Team for Negotiated Procurement after 2 failed bids. or i just dont see it clearly..pardon on this.. I just really wanted to have a clear understanding on this issue because we heave several projects that failed twice.

May I butt in. If it is not the BAC who will conduct the negotiations (the BAC being the negotiating team), then who do you think would? And if that negotiating team would recommend award, are they allowed by law?

I have made parallel answers of this query here >>> http://gppb.topicsolutions.net/t2100-is-bac-also-a-negotiating-team-for-negotiated-procurement#11198
Smile
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 38
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: who shall undertake negotiated procurment?

Post by jcolas on Tue Oct 18, 2011 8:53 pm

"Sir rmappala wrote"

Thanks RDV & jcolas, but i don't find any provisions in RA 9184 that BAC is automatically the Negotiating Team for Negotiated Procurement after 2 failed bids. or i just dont see it clearly..pardon on this.. I just really wanted to have a clear understanding on this issue because we heave several projects that failed twice

Please read Section 53.1.2 of the Act. It is in asking question that we learn the intricacies of the law. According to educators, the first step in the learning process, is when we start asking questions. And in the process both parties, the person questioning and the one answering, are both learning...
avatar
jcolas
Board General
Board General

Male Number of posts : 517
Company/Agency : DepED RO 2
Occupation/Designation : Administrative Officer V
Registration date : 2009-07-02

Back to top Go down

Re: who shall undertake negotiated procurment?

Post by sunriser431 on Tue Oct 18, 2011 10:26 pm

rmappala wrote:Thanks RDV & jcolas, but i don't find any provisions in RA 9184 that BAC is automatically the Negotiating Team for Negotiated Procurement after 2 failed bids. or i just dont see it clearly..pardon on this.. I just really wanted to have a clear understanding on this issue because we heave several projects that failed twice.
Excerpt from the Provision of the Revised IRR of RA#9184
RULE V – BIDS AND AWARDS COMMITTEE
Section 12. Functions of the BAC
12.1. The BAC shall have the following functions:
(a) advertise and/or post the invitation to bid/request for expressions of interest;
(b) conduct pre-procurement and pre-bid conferences;
(c) determine the eligibility of prospective bidders;
(d) receive bids;
(e) conduct the evaluation of bids;
(f) undertake post-qualification proceedings;
(g) resolve motions for reconsideration;
(h) recommend award of contracts to the Head of the Procuring Entity or his duly authorized representative:
(i) recommend the imposition of sanctions in accordance with Rule XXIII;
(j) recommend to the Head of the Procuring Entity the use of Alternative Methods of Procurement as provided for in Rule XVI hereof; and
(k) perform such other related functions as may be necessary, including the creation of a Technical Working Group (TWG) from a pool of technical, financial, and/or legal experts to assist in the procurement process, particularly in the eligibility screening, evaluation of bids, and post-qualification.

RULE XVI – ALTERNATIVE METHODS OF PROCUREMENT
section 48.1 xxxx
section 48.3. The method of procurement to be used shall be as indicated in the approved APP. If the original mode of procurement recommended in the APP was public bidding but cannot be ultimately pursued, the BAC, through a resolution, shall justify and recommend the change in the mode of procurement to be approved by the Head of the procuring entity.


I believe section 12 (j) speaks clearly the duties and responsibilities of the BAC. For us GOCCs there is only one BAC committee to perform the procurement process be it Public or any of the alternative mode. bounce
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: who shall undertake negotiated procurment?

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum