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negotiated contract

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negotiated contract

Post by friend toe on Wed Feb 01, 2012 6:49 am

A certain project is to be funded and implemented by phases. Each phase has different scopes of work and/or items of work. Can the 2nd and 3rd phase be awarded to the same contractor who won the 1st phase?

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Re: negotiated contract

Post by RDV @ GP3i on Wed Feb 01, 2012 7:29 am

friend toe wrote:A certain project is to be funded and implemented by phases. Each phase has different scopes of work and/or items of work. Can the 2nd and 3rd phase be awarded to the same contractor who won the 1st phase?I

If each phase has different scopes/items of work, you cannot proceed with Negotiated Procurement due to adjacent or contiguous (Sec. 53.4, IRR) because that is one of the conditions for proceeding with that mode of procurement. The procuring entity has to comply with all the conditions prescribed therein, as follows:
1) The original project is the result of competitive bidding,
2) Similar or related scopes of work,
3) within the contracting capacity of the contractor,
4) same prices or lower prices,
5) the amount of new contract does not exceed the original,
6) the original contract is still on-going, and
7) the contractor has no negative slippage or delay.
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Re: negotiated contract

Post by friend toe on Wed Feb 01, 2012 9:42 pm

thank you so much sir...

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Re: negotiated contract

Post by Recks1925 on Thu Jan 31, 2013 10:56 am

Sir RDV, if there were two failed biddings because of low ABC. Can the BAC conduct negotiations if the ABC has been increased as approved by the appropriate authorities? Is negotiation still an option if there was an increase in ABC or change in TOR or Specifications? If this is allowed, don't you think this limits the chance of others to participate on the adjusted ABC? Your comments please. Thanks
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Re: negotiated contract

Post by RDV @ GP3i on Sun Feb 03, 2013 10:19 am

Recks1925 wrote:Sir RDV, if there were two failed biddings because of low ABC. Can the BAC conduct negotiations if the ABC has been increased as approved by the appropriate authorities? Is negotiation still an option if there was an increase in ABC or change in TOR or Specifications? If this is allowed, don't you think this limits the chance of others to participate on the adjusted ABC? Your comments please. Thanks

Under Sec. 53.1 of the revised IRR, the answer is YES, the BAC (after approval by HOPE of the change in mode from public bidding to negotiated procurement due to 2 failed bidding) can proceed with negotiation even if the ABC has been adjusted after the second failure. However, to safeguard against unnecessarily increasing the ABC for purposes of negotiation, the same section of the IRR limits the adjustment to only a maximum of 20% of the last ABC.

On your next question that if allowed it would limit the chances of others to participate on the adjusted ABC, my answer is not necessarily as the procuring entity is required to post still the Negotiated Procurement in the PhilGEPS, agency website (if any), and conspicuous bulletin board. Although the procuring entity may invite directly prospective suppliers/contractors, those not directly invited but responded to the postings can still participate in the negotiation.

Likewise, although negotiated, the process of selection is still competitive if you follow the procedure prescribed under Sec. 53.1 of the IRR.

Those are my comments. I hope I am able to clarify the issues to you. Thank you, Recks1925.
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