query on administrative order no. 200 series 1990

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query on administrative order no. 200 series 1990

Post by black on Wed Apr 24, 2013 1:16 pm

requirement as per COA circular no. 2012-001 dated 6-14-12. my question is...

1. is administrative order no. 200 series 1990 still in effect? does the supplier needs to submit the proof of payment of all taxes and duties due on the equipment supplied or sold to government?

2. how if the supplier just bought the item from different local suppliers, is it still a requirement?

3. in the bidding procedure the bac failed (unintentional) to invite an ngo observers in the pre-bid but they were invited in the opening of bids..what possible remedy can we do about it? they are requiring us to submit proof of invitation.
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Re: query on administrative order no. 200 series 1990

Post by regina avelino on Fri Apr 26, 2013 10:21 am

1. AO 200 is still in effect. All importers are required to pay duties and taxes for the importation of goods/equipment and if they are also a bidder, they will include this in their costing. However, government agency do not practice the procedures of requiring the imported/bidder to present such documents and i don't know why. But the AO requires such presentation and checking of the duties payment. This would not be required to ecozone areas such as in Bataan and Clark (and PEZA i think)
2. this is not required for items bought from local suppliers.
3. pre-bid conference and opening of bids are two different stages requiring observers to be invited. if they were not invited but actually present during the pre-bid then, the minutes of the pre-bid would suffice as it would indicate the all attendees during that meeting.

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Re: query on administrative order no. 200 series 1990

Post by engrjhez® on Fri Apr 26, 2013 11:44 am

black wrote:requirement as per COA circular no. 2012-001 dated 6-14-12. my question is...

1. is administrative order no. 200 series 1990 still in effect? does the supplier needs to submit the proof of payment of all taxes and duties due on the equipment supplied or sold to government?

2. how if the supplier just bought the item from different local suppliers, is it still a requirement?

3. in the bidding procedure the bac failed (unintentional) to invite an ngo observers in the pre-bid but they were invited in the opening of bids..what possible remedy can we do about it? they are requiring us to submit proof of invitation.

(1) Unless a recent issuance expressly (not impliedly) repeals the older one, the latter is still in effect. Unless there is an irreconcilable inconsistency between the two, both should be given effect.

(2) It depends on (1) above.

(3) There is no remedy for that irregularity. Of course you cannot provide them invitations that weren't sent. What the BAC can do is to inform the Observers of what transpired during the Pre-Bid, and pray they would understand.

Smile



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