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COntract not awarded during bid validity period

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COntract not awarded during bid validity period

Post by peegee15 on Wed Mar 13, 2013 11:55 am

Sec. 37.1.5. of the IRR states that, "Contract award shall be made within the bid validity period provided in Section 28 of this IRR".

What will happen if the contract was awarded late? And likewise, what will happen if the total procurement process exceeded that 124 calendars days as latest allowable time for goods and services. Will it constitute negligence in the procuring entity?
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Re: COntract not awarded during bid validity period

Post by engrjhez® on Wed Mar 13, 2013 6:54 pm

peegee15 wrote:Sec. 37.1.5. of the IRR states that, "Contract award shall be made within the bid validity period provided in Section 28 of this IRR".

What will happen if the contract was awarded late? And likewise, what will happen if the total procurement process exceeded that 124 calendars days as latest allowable time for goods and services. Will it constitute negligence in the procuring entity?

It will depend on attending circumstances. It will be considered prima facie of negligence or dereliction of duty unless there is a proof to the contrary. You may read GPPB NPM 10-2012 for some related opinion here.>>> http://www.gppb.gov.ph/opinions/view_nonpolicy.php?id=720

There will be no problem if the awarded bidder will accept the award. It will be tantamount to ratification and it will not affect the validity of contract if subsequently entered into. Smile
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Re: COntract not awarded during bid validity period

Post by jcolas on Sat Mar 16, 2013 12:38 pm


As was explained by Engrjhez, as long as the delay is due to justifiable cause, their will be no sanction against the erring official. I would just like to add that the bid security should remain valid. It would be a different matter, if the delay is attributable to the HOPE, the BAC, as the full force of the law will bear on them, as fully enuciated under Section 65.1.b of the GPRA.
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Re: COntract not awarded during bid validity period

Post by RDV @ GP3i on Sat Mar 16, 2013 6:12 pm

peegee15 wrote:Sec. 37.1.5. of the IRR states that, "Contract award shall be made within the bid validity period provided in Section 28 of this IRR".

What will happen if the contract was awarded late? And likewise, what will happen if the total procurement process exceeded that 124 calendars days as latest allowable time for goods and services. Will it constitute negligence in the procuring entity?

If the delays are justified, even if the procurement process exceeded the maximum period of 124 c.d. for goods and services, the procuring entity may not be liable for negligence.

However, the award should be made within the bid validly period, which is a maximum of 120 c.d. from bid opening. So, if it award could not be made within that period, the BAC should request the bidders to extend the validity of their bids by extending the validity of their bid securities.
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