Mayor's Permit

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Mayor's Permit

Post by rtdd on Wed Jun 18, 2014 2:32 pm

I would like to inquire if the BAC should not accept the submission of copy of proof of Application of Mayor's Permit and Official Receipt since the bidder applied the mayor's permit last February 2014.

The bidder informed the BAC that the mayor's permit is not yet available to date. Can the BAC accept the submitted proof of application and official receipt and just verify from the issuing municipality?

For your immediate reply please. Thanks.

rtdd
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Re: Mayor's Permit

Post by regina avelino on Thu Jun 19, 2014 11:14 am

excerpt: NPM 039-2007

Query
Whether an alternative eligibility statement or document submitted by a prospective bidder may qualify as a legal and valid substitute in good faith and in substantial compliance of the particular eligibility requirement (i. e. Official Receipt in lieu of current Mayor's Permit/Municipal Permit) in case the BAC has objectively determined that the finding of fault in the non-submission of the required eligibility document may be directly attributed to the failure, delay or inaction of the issuing authority?


Reply:

[A]cceptance of an alternative eligibility document or statement submitted by the bidder will lead to an exercise of discretion among the BAC members - an action which R. A. 9184 and its IRR-A expressly prohibit during the eligibility check and bid evaluation. In using the non-discretionary "pass/fail" criteria under Section 23.2 of the IRR-A, the BAC merely checks for the presence or absence of the required document. A bidder is declared to be eligible if such document is present, complete, and sufficient. Otherwise, the absence, incompleteness, or insufficiency of a requirement will result to a bidder's ineligibility to bid. (NPM 007-2006 dated 06 April 2006)

Thus, the submission of an alternative document other than that required by the procuring entity as contained in the bid documents cannot be considered as sufficient compliance, regardless of whether the non-issuance of the required document is due to the fault of issuing authority.

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