authorized person in the omnibus sworn statement

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authorized person in the omnibus sworn statement

Post by auditormommy on Wed Jun 11, 2014 3:09 pm

Is it necessary that the authorized person in the Omnibus Sworn Statement be the one to attend the bidding process? Thanks

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Re: authorized person in the omnibus sworn statement

Post by RDV @ GP3i on Thu Jun 12, 2014 1:22 pm

auditormommy wrote:Is it necessary that the authorized person in the Omnibus Sworn Statement be the one to attend the bidding process? Thanks

NO, it is not necessary that they be the same person.
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Re: authorized person in the omnibus sworn statement

Post by Jay De Why on Tue Feb 28, 2017 8:01 am

Saw this in the PBD,
3. Format and Signing of Eligibility Documents
3.1. Prospective bidders shall submit their eligibility documents through
their duly authorized representative on or before the deadline specified
in Clause 5.

Does it mean that only the authorized representative can submit and maybe also attend the bidding process?
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Re: authorized person in the omnibus sworn statement

Post by markshinoda on Thu Mar 02, 2017 9:38 am

Jay De Why wrote:Saw this in the PBD,
3. Format and Signing of Eligibility Documents
3.1. Prospective bidders shall submit their eligibility documents through
their duly authorized representative on or before the deadline specified
in Clause 5.

Does it mean that only the authorized representative can submit and maybe also attend the bidding process?

Please refer to Non-Policy Opinions 007-2012

"As expressly provided in Section 29 of the Implementing Rules and Regulations of Republic Act 9184, bidders or their duly authorized representative may attend the opening of the bids. The word "may" when used in a statute is permissive only and operates to confer discretion; while the word "shall" is imperative, operating to impose a duty which may be enforced. "May" is an auxiliary liberty, opportunity, permission, and possibility. Its use in a provision shows that the act is discretionary, not mandatory. As such, we wish to point out that the attendance of the bidders during bid opening is not mandatory, but merely discretionary or optional.

We wish to clarify that although Clause 6.2 (h) of the ITB and Paragraph 2 of the OSS require a document showing proof of authorization of the designated person, it does not require that the authorized person be the one to attend the bid opening. There is nothing in the requirement that mandates the authorized person to attend the bid opening."

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Re: authorized person in the omnibus sworn statement

Post by Jay De Why on Thu Mar 02, 2017 10:26 am

Kaya nga sir, it says "shall". Want i want to clarify eh yung "submit". Does it mean na yung authorized rep will literally bring the bid docs? But there are instances that a bid box is put in the building lobby and bidders can just leave it inside the bid box. who can check if the authorized rep submitted the bid docs.
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Re: authorized person in the omnibus sworn statement

Post by markshinoda on Thu Mar 02, 2017 11:15 am

Jay De Why wrote:Kaya nga sir, it says "shall". Want i want to clarify eh yung "submit". Does it mean na yung authorized rep will literally bring the bid docs? But there are instances that a bid box is put in the building lobby and bidders can just leave it inside the bid box. who can check if the authorized rep submitted the bid docs.

As long as connected yung person na mag submit ng bidding documents. Do not just leave the bid docs let the PE thru their BAC Secretariat stamp received as a proof that you have submitted the bid docs before the specified deadline.
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