Is BAC also a Negotiating Team for Negotiated Procurement?

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Is BAC also a Negotiating Team for Negotiated Procurement?

Post by rmappala on Tue Oct 18, 2011 2:08 pm

Hi everyone, 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.

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Re: Is BAC also a Negotiating Team for Negotiated Procurement?

Post by engrjhez® on Tue Oct 18, 2011 2:26 pm

rmappala wrote:Hi everyone, 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.

Let us review 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.

Based on the underlined, a negotiated procurement shall still be undertaken by the BAC, being the recommendatory body for award of contract. An exception can be found on the case of Shopping and Small Value Procurement where the conduct thereof may be delegated by the BAC to procuring units. Smile
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