Is he that powerful?

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Is he that powerful?

Post by orlan747 on Fri Jan 17, 2014 2:08 pm

Is a GPPB Resolution such a lower tier proclamation that it can be scoffed at and overruled by a Department Order? All along I thought that several department secretaries contemplated and promulgated Gppb resolutions and then after the prescribed period becomes effective and enforceable. Would it be safe to say that GPPB Resolutions become part and parcel of the IRR of RA9184? It would be safer to say of course that a department secretary could just overrule it with a department order!
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Re: Is he that powerful?

Post by engrjhez® on Fri Jan 17, 2014 3:41 pm

orlan747 wrote:Is a GPPB Resolution such a lower tier proclamation that it can be scoffed at and overruled by a Department Order? All along I thought that several department secretaries contemplated and promulgated Gppb resolutions and then after the prescribed period becomes effective and enforceable. Would it be safe to say that GPPB Resolutions become part and parcel of the IRR of RA9184? It would be safer to say of course that a department secretary could just overrule it with a department order!

Yes, if the resolution pertains to amendment of the IRR.

R.A. No. 9184 specifically provides:
Section 63. Organization and Functions. - A Government Procurement Policy Board (GPPB) is hereby established to: x x x
(b.) formulate and amend, whenever necessary, the IRR and the corresponding standard forms for Procurement; x x x

Hence, if a GPPB Resolution was issued to amend a specific provision of the IRR, it has the force and effect of a law.

In the hierarchy of laws, IRR is superior than a mere administrative issuance. A department order cannot run contrary to the imports of the law and its IRR.
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Re: Is he that powerful?

Post by orlan747 on Fri Jan 17, 2014 10:30 pm

Thanks Engrjhez.

I agree with you completely, though the GPPB may not. It is evident that they are agreeable that a department order could just overrule their Resolution. So you see, one punch from DPWH DO_097 S2013 and GPPB Resolution 03 S2013 went down without a whimper in the realm of DPWH!

Hey, even the first sentence of the department order acknowledged that the resolution is already a part of the IRR of RA9184, it says "Section 27.5 of Rule VII, Revised Implementing Rules and Regulations of R.A. 9184, allows a bidder to submit a Bid Securing Declaration, in lieu of Bid Security." It then proceeded to disallow what it conceded was allowed by the said Section 27.5.

So, is he that powerful?
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Re: Is he that powerful?

Post by orlan747 on Fri Jan 17, 2014 10:52 pm

Hmmm, would you believe that GPPB Resolution No. 03-2013 is now NOT downloadable from their website? You will not even find it there now.  Shocked
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