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Letter of Intent (LOI)

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Letter of Intent (LOI)

Post by friend toe on Thu Jan 26, 2012 11:11 pm

greetings sir/madam; May I know until when really LOI's are received? Is it limited only to deadlines as published? or in case of postponement of Pre-bid conference and/or Opening of bids due to late issuance of bidding documents... does deadlines for LOI submission/receipt extended?

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Re: Letter of Intent (LOI)

Post by jcolas on Fri Jan 27, 2012 12:50 am

"friends toe wrote"

greetings sir/madam; May I know until when really LOI's are received? Is it limited only to deadlines as published? or in case of postponement of Pre-bid conference and/or Opening of bids due to late issuance of bidding documents... does deadlines for LOI submission/receipt extended


In the old IRR-A, specifically Section 21.3.1 Letter of Intent should be received by the BAC not later than seven (7) calendar days from last date of posting but,under the Revised IRR, Letter of Intent is not required anymore.
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Re: Letter of Intent (LOI)

Post by friend toe on Fri Jan 27, 2012 7:32 am

so it would just mean then, that though it was published that there is a deadline... then it could be a violation under the revised irr? in this case the bac has no reason not to accept bids despite the non-submission of LOI by a bidder? or the bac could reserve the rights to implement what is stated in the old irr? thank you so much...

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Re: Letter of Intent (LOI)

Post by alpha1 on Fri Jan 27, 2012 11:01 am

friend toe wrote:so it would just mean then, that though it was published that there is a deadline... then it could be a violation under the revised irr? in this case the bac has no reason not to accept bids despite the non-submission of LOI by a bidder? or the bac could reserve the rights to implement what is stated in the old irr? thank you so much...

I think it would be appropriate if you just accept all bids even without the required LOI as this document is no longer required under the Revised IRR. If your BAC will insist that a bidder should submit an LOI, then you might be committing a violation of the RA 9184 . Even in the procurement of consulting services the LOI is no longer required.

Thanks.

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Re: Letter of Intent (LOI)

Post by jcolas on Fri Jan 27, 2012 6:42 pm

"friend toe wrote"

so it would just mean then, that though it was published that there is a deadline... then it could be a violation under the revised irr? in this case the bac has no reason not to accept bids despite the non-submission of LOI by a bidder? or the bac could reserve the rights to implement what is stated in the old irr? thank you so much...

Deadline of submission of bid quotation if that is what you are referring to is part of the time lines that is mandated by the GPRA; and these are not violations under the IRR, old or revised. Yes the bac has no reason not to accept bids submitted on the scheduled date and time just because the bidder has not submitted an LOI and they would be placing themselves in hot water if they insist on the submission of LOI. Their is a legal maxim which states that "What is excluded should not be included"
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Re: Letter of Intent (LOI)

Post by friend toe on Sat Jan 28, 2012 9:50 pm

greetings... i would like to extend my thanks for guidance imparted. But, for a much clearer view, i would like to inform the body that our bac still follow the old practice for reasons that electronic eligibility is being maintained and relied upon in the central and regional offices... for which reason too that there's a need to require LOI's. could there possibility be an exemption to the rule? hope to be clarified further on this matter. More power to the moderators and contributors!

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Re: Letter of Intent (LOI)

Post by RDV @ GP3i on Sun Jan 29, 2012 10:15 pm

friend toe wrote:greetings... i would like to extend my thanks for guidance imparted. But, for a much clearer view, i would like to inform the body that our bac still follow the old practice for reasons that electronic eligibility is being maintained and relied upon in the central and regional offices... for which reason too that there's a need to require LOI's. could there possibility be an exemption to the rule? hope to be clarified further on this matter. More power to the moderators and contributors!

Yes, for those procuring entities which maintain an electronic registry, submission of LOI is a must, not just for procurement of infra but also for goods and consulting services.

For those which do not have an electronic registry, submission of an LOI is no longer required, otherwise it would be a violation of the IRR.

In the case of DPWH, it maintains an electronic registry and that is the reason why the BAC is still requiring the submission of the same, however, unlike in the old IRR, the deadline for submission of LOI is no longer within 7 c.d. from the last day of posting as the deadline will be up to the procuring entity but it should indicate the deadline in its invitation. The deadline is before the pre-bid conference, hence, if the pre-bid and/or opening of bid is postponed it will not affect the deadline for the submission of the LOI. However, if the supplemental bulletin is issued before the deadline for submission of LOI, I believe that said deadline could be move to a later date also. If the supplemental bulletin is issued after the deadline for submission of LOI has already passed, then, the BAC could be accused of moving the deadline to accommodate those that failed to submit within the set deadline.
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Re: Letter of Intent (LOI)

Post by friend toe on Mon Jan 30, 2012 11:38 pm

thank you so much... more power!

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