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rules on advertisement

Post by jomai on Tue Apr 02, 2013 4:36 pm

I need clarification...

We have conducted public bidding for the delivery of construction materials amounting to more than 2M pesos..The invitation to bid was posted on the PHILGEPS and conspicuous place within the municipality, however, we failed to publish in the newspaper of general circulation...What is the implication of this to the awarded contract? can the BAC be held accountable for non-compliance of the requirement? will this invalidate the contract to the supplier? Please help me..
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Re: rules on advertisement

Post by marsgera on Wed Apr 03, 2013 11:23 am

The Section 21.2.2. of the Revised IRR of RA 9184 states that:

"Advertisement of the Invitation to Bid/Request for Expression of Interest in a newspaper of general nationwide circulation provided in Section 21.2.1(a) shall not be required for contracts to be bid with an approved budget of Two Million Pesos (P2,000,000.00) AND below for the procurement of goods, Five Million Pesos (P5,000,000.00) and below for the procurement of infrastructure projects, and One Million Pesos (P1,000,000.00) and below or those whose duration is four (4) months or less for the procurement of consulting services."

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Re: rules on advertisement

Post by regina avelino on Thu Apr 04, 2013 9:36 am

Non-compliance with the provision of the law shall render the accountable officials, in this case the BAC, liable for dereliction of duty and conduct grossly prejudicial to the best interest of the service, without prejudice to other charges, whether administrative, civil or criminal that may be filed under appropriate laws and regulations.

In my opinion, the award of contract is already questionable for failure to comply with the law. If I were the HOPE, I would not proceed with the contract and face any court actions that the supplier will pursue rather than face crimininal, administrative and civil cases brought about from the faulty procurement proceedings.

Again, just an opinion.

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