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Clarification on NPM 116, s. 2013 on Administrative Remedies after disapproval of Hope of BAC's recommendation to award contract

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Clarification on NPM 116, s. 2013 on Administrative Remedies after disapproval of Hope of BAC's recommendation to award contract

Post by Eric M on Mon Sep 22, 2014 5:15 pm

This refers to a case where the HOPE disapproved the recommendation of BAC to award the contract to a specific bidder. The HOPE notified the bidder of his decision stating therein his reasons. What is the remedy of the bidder on the HOPE's decision? Shall it be through Motion for reconsideration addressed to the HOPE or through a Verified position paper addressed to the same per Section 55 on Protest Mechanism? Maraming salamat po.

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Re: Clarification on NPM 116, s. 2013 on Administrative Remedies after disapproval of Hope of BAC's recommendation to award contract

Post by engrjhez® on Tue Sep 23, 2014 10:53 am

Eric M wrote:This refers to a case where the HOPE disapproved the recommendation of BAC to award the contract to a specific bidder. The HOPE notified the bidder of his decision stating therein his reasons. What is the remedy of the bidder on the HOPE's decision? Shall it be through Motion for reconsideration addressed to the HOPE or through a Verified position paper addressed to the same per Section 55 on Protest Mechanism? Maraming salamat po.

The protest mechanism under Sec.55 is applicable only to decisions of the BAC. Considering that denial of BAC's recommendation is already beyond the powers of the BAC, such protest mechanism cannot find application there. However, the affected bidder/s may still file a "Request for Reconsideration" or "Motion for Reconsideration" to seek possible reversal of the HOPE's decision. If the HOPE decides with finality the RFR or MR, and it is clear that the HOPE abused his power "to reject any and all bids" as mentioned in Section 41, "with manifest preference to any bidder who is closely related to him in accordance with Section 47", the HOPE may be held criminally liable, without prejudice to Anti Graft and Corrupt Practices Act and other penal, civil and administrative sanctions, to be determined by the courts.
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Re: Clarification on NPM 116, s. 2013 on Administrative Remedies after disapproval of Hope of BAC's recommendation to award contract

Post by Eric M on Tue Sep 23, 2014 12:51 pm

thank you sir for the very useful reply... good day

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Re: Clarification on NPM 116, s. 2013 on Administrative Remedies after disapproval of Hope of BAC's recommendation to award contract

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