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Negotiated procurement - emergency case

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Negotiated procurement - emergency case

Post by vines on Wed Apr 24, 2013 10:02 am

The Generic Procurement Manual for the procurement of goods provides that negotiated procurement must be posted for 7 days in the:
a. The PhilGEPS;
b. The website of the Procuring Entity and its electronic procurement service
provider, if any; and
c. Any conspicuous place in the premises of the Procuring Entity.

However, the posting may be waived in cases of imminent danger to life and property during state of calamity.

Based on the foregoing, if the emergency case is "when time is of the essence arising from actual or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities" the procurement still has to be posted for 7 days as per a, b and c above.

But the IRR provides under Section 54.2. that "For alternative methods of procurement, advertisement and posting as prescribed in Section 21.2.1 of this IRR may be dispensed with" which is without qualification regardless of the cause of the emergency cases.

Since there are discrepancies between the GPM and the IRR, which one should we follow? drunken
drunken
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Re: Negotiated procurement - emergency case

Post by engrjhez® on Wed Apr 24, 2013 12:37 pm

nsc wrote:The Generic Procurement Manual for the procurement of goods provides that negotiated procurement must be posted for 7 days in the:
a. The PhilGEPS;
b. The website of the Procuring Entity and its electronic procurement service
provider, if any; and
c. Any conspicuous place in the premises of the Procuring Entity.

However, the posting may be waived in cases of imminent danger to life and property during state of calamity.

Based on the foregoing, if the emergency case is "when time is of the essence arising from actual or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities" the procurement still has to be posted for 7 days as per a, b and c above.

But the IRR provides under Section 54.2. that "For alternative methods of procurement, advertisement and posting as prescribed in Section 21.2.1 of this IRR may be dispensed with" which is without qualification regardless of the cause of the emergency cases.

Since there are discrepancies between the GPM and the IRR, which one should we follow? drunken
drunken

The IRR should prevail.

Section 54.2 is permissive in nature as to the dispense of posting requirements. Other modes enumerated therein should still be posted. There is also no harm to post alternative methods of procurement for transparency purposes, where the IRR permits non-posting of the same. Smile
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