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LOI still applicable in the revised IRR?

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LOI still applicable in the revised IRR?

Post by mbdr on Thu Sep 03, 2009 2:02 pm

Good afternoon to Sir RDV, Sir Engrjhez and to other posters!

Sirs, I have a query on LOI (Letter of Intent). Is LOI still applicable (in the procurement of infra) in the revised IRR?

=mbdr=

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Re: LOI still applicable in the revised IRR?

Post by msm326 on Thu Sep 03, 2009 3:21 pm

Good Day mbdr,
Based on the Revised IRR , there is no need to submit LOI for procurement of Infra since bid form should be downloadable for all prospective bidders and payment shall be made (for bidding documents upon submission of their technical and financial proposals).
msm326 Very Happy
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Re: LOI still applicable in the revised IRR?

Post by sunriser431 on Thu Sep 03, 2009 4:40 pm

mbdr wrote:Good afternoon to Sir RDV, Sir Engrjhez and to other posters!

Sirs, I have a query on LOI (Letter of Intent). Is LOI still applicable (in the procurement of infra) in the revised IRR?

=mbdr=

For quick guide, refer to the Revised IRR of 9184 Annex C pages 87 to 89 (Period of Action on procurement Activities). LOI is no longer required. (For infra and consulting services).
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Re: LOI still applicable in the revised IRR?

Post by RDV @ GP3i on Thu Sep 03, 2009 5:15 pm

mbdr wrote:Good afternoon to Sir RDV, Sir Engrjhez and to other posters!

Sirs, I have a query on LOI (Letter of Intent). Is LOI still applicable (in the procurement of infra) in the revised IRR?

=mbdr=

If you were referring to the requirement for the submission of LOI in the following provisions in the previous IRR-A:

"21.3. LOI for the Procurement of Infrastructure Projects and Consulting Services
x-x-x-x-x
21.3.1. For the procurement of infrastructure projects and consulting services, the interested party shall submit a written LOI together with its application for eligibility, which must be received by the BAC not later than seven (7)
calendar days from last date of posting of the Invitation to Apply for Eligibility and to Bid provided in Section 21.2 of this IRR-A
[/i]."

that particular LOI is no longer required for infrastructure projects, but is still required for Consulting Services.

The provision in the revised IRR, requiring the submission of LOI, for Consulting Services, is as follows:

"24.5. Short Listing of Prospective Bidders
x-x-x-x-x
24.5.2. The BAC shall draw up the short list of consultants from those who have been determined as eligible, and who have submitted their LOI, both in accordance with the provisions of this IRR. The number of short listed consultants, which shall be determined in the pre-procurement conference, shall consist of three (3) to seven (7) consultants, with five (5) as the preferable number. Should less than the required number apply for eligibility and short listing, pass the eligibility check, and/or pass the minimum score required in the short listing, the BAC shall consider the same.
"

It is, however, possible that the LOI mentioned in the above-quoted provision refers to another form LOI which is required in Sec. 24.4.3.3 of the revised IRR.

There is, however, another kind of LOI being required in the revised IRR. Take the following provisions (for goods and infrastructure projects. For consulting services, the specific provision is Sec. 24.4.3.3):

"23.4. To facilitate determination of eligibility, the BAC of a procuring entity may maintain a registry system using the PhilGEPS or its own manual or electronic system that allows submission and/or recording/entry of eligibility requirements simultaneously with registration.
x-x-x-x-x-x
23.4.3. If the procuring entity maintains a registry system using the PhilGEPS or its own electronic system , a prospective bidder, whether or not duly registered in either system, shall submit a written letter of intent and/or its application for eligibility and latest Class “A” documents, to the BAC on or before the deadline specified in the Bidding Documents. Any application for eligibility or updates submitted after the deadline for the submission of the letter of intent shall not be considered for the bidding at hand."


From the quoted provisions, procuring entities are encouraged (not mandatory requirement) to maintain a registry system. If a procuring entity is maintain a registry system using the PhilGEPS or its own electronic system, it is now mandatory that a written LOI and/or application for eligibility and Class "A" documents, should be submitted by prospective bidders within the deadline for the submission of LOI and that deadline shall be specified in the bidding documents.


Last edited by RDV on Thu Sep 03, 2009 5:22 pm; edited 1 time in total
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Re: LOI still applicable in the revised IRR?

Post by mbdr on Thu Sep 03, 2009 5:21 pm

Thank you sir RDV, msm326 and sunriser431 for your quick reply.

Truly, hindi ko pa nabasa ang revised IRR. Meron, konti lang. Actualy, we have 2 infra today. And we are, right now, preparing the necessary bid docs, scheduling of various proc activities, advertisement , ect. based on the revised IRR.

Thank you sirs!

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Re: LOI still applicable in the revised IRR?

Post by RDV @ GP3i on Thu Sep 03, 2009 5:26 pm

mbdr wrote:Thank you sir RDV, msm326 and sunriser431 for your quick reply.

Truly, hindi ko pa nabasa ang revised IRR. Meron, konti lang. Actualy, we have 2 infra today. And we are, right now, preparing the necessary bid docs, scheduling of various proc activities, advertisement , ect. based on the revised IRR.

Thank you sirs!

Truly, we all need to read the revised IRR and understand the revisions. A roll-out on the Revised IRR will be scheduled soonest by GPPB-authorized trainers. I hope you will be able to attend any of these trainings, aside from reading ahead the revised IRR.

Welcome, mbdr.
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Re: LOI still applicable in the revised IRR?

Post by sunriser431 on Thu Sep 03, 2009 5:36 pm

RDV wrote:
The provision in the revised IRR, requiring the submission of LOI, for Consulting Services, is as follows:

"24.5. Short Listing of Prospective Bidders
x-x-x-x-x
24.5.2. The BAC shall draw up the short list of consultants from those who have been determined as eligible, and who have submitted their LOI, both in accordance with the provisions of this IRR. The number of short listed consultants, which shall be determined in the pre-procurement conference, shall consist of three (3) to seven (7) consultants, with five (5) as the preferable number. Should less than the required number apply for eligibility and short listing, pass the eligibility check, and/or pass the minimum score required in the short listing, the BAC shall consider the same.
"

It is, however, possible that the LOI mentioned in the above-quoted provision refers to another form LOI which is required in Sec. 24.4.3.3 of the revised IRR.

There is, however, another kind of LOI being required in the revised IRR. Take the following provisions (for goods and infrastructure projects. For consulting services, the specific provision is Sec. 24.4.3.3):

"23.4. To facilitate determination of eligibility, the BAC of a procuring entity may maintain a registry system using the PhilGEPS or its own manual or electronic system that allows submission and/or recording/entry of eligibility requirements simultaneously with registration.
x-x-x-x-x-x
23.4.3. If the procuring entity maintains a registry system using the PhilGEPS or its own electronic system , a prospective bidder, whether or not duly registered in either system, shall submit a written letter of intent and/or its application for eligibility and latest Class “A” documents, to the BAC on or before the deadline specified in the Bidding Documents. Any application for eligibility or updates submitted after the deadline for the submission of the letter of intent shall not be considered for the bidding at hand."


From the quoted provisions, procuring entities are encouraged (not mandatory requirement) to maintain a registry system. If a procuring entity is maintain a registry system using the PhilGEPS or its own electronic system, it is now mandatory that a written LOI and/or application for eligibility and Class "A" documents, should be submitted by prospective bidders within the deadline for the submission of LOI and that deadline shall be specified in the bidding documents.
Sir RDV. I have question/clarification. How will the Annex C. (Period of Action on Procurement Activities) reconcile with the section 24.5.2 and 23.4.3? Is there a need to revised the Annex C?
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Re: LOI still applicable in the revised IRR?

Post by mbdr on Thu Sep 03, 2009 5:46 pm

Sir RDV, can we still use the previous IRR in case we find something unclear in the revised one?

Yes , we're waiting for GPPB training on this revised IRR. Its not this easy... this will need a lot of study and time to understand the new law, d ba sir?

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Re: LOI still applicable in the revised IRR?

Post by RDV @ GP3i on Thu Sep 03, 2009 5:59 pm

mbdr wrote:Sir RDV, can we still use the previous IRR in case we find something unclear in the revised one?

Yes , we're waiting for GPPB training on this revised IRR. Its not this easy... this will need a lot of study and time to understand the new law, d ba sir?

For those advertised/posted starting September 2, it is already mandatory that we apply the provisions of the revised IRR.
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Re: LOI still applicable in the revised IRR?

Post by RDV @ GP3i on Thu Sep 03, 2009 6:12 pm

sunriser431 wrote:
Sir RDV. I have question/clarification. How will the Annex C. (Period of Action on Procurement Activities) reconcile with the section 24.5.2 and 23.4.3? Is there a need to revised the Annex C?

I think Annex C (which is only a tabulation) could not possibly capture all the information in the specific provisions of the revised IRR. Therefore, in case of conflict, the specific provisions should apply. I already saw other inconsistencies of Annex C to the specific provisions.
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Re: LOI still applicable in the revised IRR?

Post by sunriser431 on Thu Sep 03, 2009 10:59 pm

RDV wrote:
sunriser431 wrote:
Sir RDV. I have question/clarification. How will the Annex C. (Period of Action on Procurement Activities) reconcile with the section 24.5.2 and 23.4.3? Is there a need to revised the Annex C?

I think Annex C (which is only a tabulation) could not possibly capture all the information in the specific provisions of the revised IRR. Therefore, in case of conflict, the specific provisions should apply. I already saw other inconsistencies of Annex C to the specific provisions.

Thanks Sir RDV for the clarification.
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