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Documents in liue of the Mayor's Permit

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Documents in liue of the Mayor's Permit

Post by serg on Wed Jun 10, 2009 5:05 pm

Here it is, we conducted a competitive bidding,one bidder submitted only a certified official receipt for the payment of their Mayor's Permit,the BAC decides to automatically declare the bidder "ineligible",using the "non-discretionary" pass/fail criteria. The bidder filed their request for reconsideration after a day, submitting a certification from the LGU who issued their Mayor's Permit stating that due to some computer problems,they haven't released the required Mayor's License to the bidder. On the third day, the bidder submits a Supplemental Motion for Reconsideration, attaching the Mayor's License which they've just acquired only on that day. The BAC resolved to deny both of the motion submitted.
The bidder submitted their Protest (on the decision of the BAC) to our LCE, claiming that they have done substantial compliance since they have submitted the required Permit within the period prescribed on the submission of Request for Reconsideration. Hope you got what i mean.
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Re: Documents in liue of the Mayor's Permit

Post by RDV @ GP3i on Wed Jun 10, 2009 7:09 pm

serg wrote:Here it is, we conducted a competitive bidding,one bidder submitted only a certified official receipt for the payment of their Mayor's Permit,the BAC decides to automatically declare the bidder "ineligible",using the "non-discretionary" pass/fail criteria. The bidder filed their request for reconsideration after a day, submitting a certification from the LGU who issued their Mayor's Permit stating that due to some computer problems,they haven't released the required Mayor's License to the bidder. On the third day, the bidder submits a Supplemental Motion for Reconsideration, attaching the Mayor's License which they've just acquired only on that day. The BAC resolved to deny both of the motion submitted.
The bidder submitted their Protest (on the decision of the BAC) to our LCE, claiming that they have done substantial compliance since they have submitted the required Permit within the period prescribed on the submission of Request for Reconsideration. Hope you got what i mean.

I think, the BAC was correct in initially declaring the bidder as ineligible. However, when the justification was received via the MR and the reason forwarded therein is the non-submission was not due to the bidder's fault as evidenced by a certification issued by the LGU, the BAC should have verified from the LGU if it was really the case to satisgfy itself first before making an outright denial of the motion. If it finds out that the reason for non-submission was really not the fault of the bidder, a reconsideration would have been justifiable also. A Protest would have been avoided.
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Re: Documents in liue of the Mayor's Permit

Post by brunomars on Sat Dec 24, 2011 2:38 am

In the competitive bidding for procurement of goods, the Mayor's Permit is a Class A eligibility requirement. Can locators such as those from SBMA use their Certificate of Registration and Tax exemption in lieu of the Mayor's Permit in the bidding process to qualify for eligibility?
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Re: Documents in liue of the Mayor's Permit

Post by Jovinal on Sat Dec 24, 2011 11:31 am

No because both the BIR Registration and Business Registration are mandatory requirements.
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Re: Documents in liue of the Mayor's Permit

Post by brunomars on Mon Dec 26, 2011 12:34 am

Thanks Sir Jovinal.

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Re: Documents in liue of the Mayor's Permit

Post by Jovinal on Mon Dec 26, 2011 2:24 pm

OK your welcome
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Re: Documents in liue of the Mayor's Permit

Post by brunomars on Tue Dec 27, 2011 5:58 pm

In competitive bidding for procurement of goods, what legal sanctions can be cited to the BAC if they consider a bidder PASSED in eligibility despite the absence of a mayor's permit and instead providing a certificate of registration and tax exemption as a free port locator?
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Re: Documents in liue of the Mayor's Permit

Post by Jovinal on Tue Dec 27, 2011 11:08 pm

See Sec 65 of IRR RA 9184 as to penalty.
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Re: Documents in liue of the Mayor's Permit

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