unacted recommendation for award

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unacted recommendation for award

Post by sanmigzz on Mon May 14, 2012 6:09 pm

Dear Sir / Ma'am,

In instances where the public bidding was regularly undertaken in a sense that everything was in order from advertisement/posting until the recommendation for award had been readied for approval by the HOPE but, for reasons unknown, the recommendation for award was not acted upon by the HOPE (who had already resigned), is the award still proper or in order even if in doing so it falls beyond the prescribed procurement period of three (3) months?

If yes, how will it be undertaken given the fact that a different set of BAC sits as members during the time public bidding was made?

If no, what is the remedy of the supposed winning bidder, if there is any?


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Re: unacted recommendation for award

Post by RDV @ GP3i on Tue May 15, 2012 7:44 am

sanmigzz wrote:Dear Sir / Ma'am,

In instances where the public bidding was regularly undertaken in a sense that everything was in order from advertisement/posting until the recommendation for award had been readied for approval by the HOPE but, for reasons unknown, the recommendation for award was not acted upon by the HOPE (who had already resigned), is the award still proper or in order even if in doing so it falls beyond the prescribed procurement period of three (3) months?

If yes, how will it be undertaken given the fact that a different set of BAC sits as members during the time public bidding was made?

If no, what is the remedy of the supposed winning bidder, if there is any?


If the original HOPE has already resigned, the responsibility now rests on the new HOPE. Even if the period from bid opening until the present is already beyond the period of 3 months within which an award should have been made, so long as the bid of the LCRB is still valid, which should be as the bid validity period is a maximum of 4 mos or 120 c.d. from bid opening), the new HOPE can still approve the original recommendation.

If the new HOPE does not do anything on the original recommendation and let it pass with neither approval or disapproval, the validity of all the bids would eventually lapse after 4 mos, from bid opening. A failure of bidding would therefore ensue, which should be declared by the new HOPE, and then the latter could just order a new bidding (re-bidding). The new BAC will then have to conduct the 2nd bidding after conducting the mandatory review of the terms, specs, conditions, and the ABC.
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