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Disapproval of hope on recommendation of BAC on the ground of overpricing, after sales and warranties was not considered by BAC

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Disapproval of hope on recommendation of BAC on the ground of overpricing, after sales and warranties was not considered by BAC

Post by may17 on Mon Nov 03, 2014 11:16 pm

May you please advise me on this matter:

The HOPE exercised her reservation clause on the grounds that the subject equipment procured was: (1) overpriced. A separate canvass was made on another supplier after the recommendation was made by the BAC to the HOPE to compare the price of the equipment; (2) the after sales services was found out to be not a service center but a satellite office only and (3) there was no warranties offered by the Supplier.

Post qualification steps undertaken by the BAC was to visit other offices who had awarded the same type of equipment and brand and it was noted that there was no major problem on the equipment offered by the highest responsive bid.

Can the HOPE exercise section 41 of RA 9184 on the above cited grounds? If so, can she declare a failure of bidding and request for a re-bid? What can the BAC do upon receipt of the disapproval of the HOPE?

Hope you could shed light on this matter

may17
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Re: Disapproval of hope on recommendation of BAC on the ground of overpricing, after sales and warranties was not considered by BAC

Post by engrjhez® on Tue Nov 04, 2014 10:11 am

may17 wrote:May you please advise me on this matter:

The HOPE exercised her reservation clause on the grounds that the subject equipment procured was: (1) overpriced. A separate canvass was made on another supplier after the recommendation was made by the BAC to the HOPE to compare the price of the equipment; (2) the after sales services was found out to be not a service center but a satellite office only and (3) there was no warranties offered by the Supplier.

Post qualification steps undertaken by the BAC was to visit other offices who had awarded the same type of equipment and brand and it was noted that there was no major problem on the equipment offered by the highest responsive bid.

Can the HOPE exercise section 41 of RA 9184 on the above cited grounds? If so, can she declare a failure of bidding and request for a re-bid? What can the BAC do upon receipt of the disapproval of the HOPE?

Hope you could shed light on this matter

The HOPE can only validly exercise Section 41 on the exclusive grounds therein. None of the above reasons seem to fall under any of them except 41(b) where the HOPE may have found the BAC to have failed in following the prescribed bidding procedures. In case there is no justification, and the HOPE still do her thing, it may be considered abuse of discretion under Sec.41 which is punishable under Sec.65.1(e).

What the BAC can do is to remind the HOPE of her limitations. If the HOPE still insists, and the BAC is ordered to cancel the process and proceed with another one, secure a written order from the HOPE so as to save yourself in case of future problems.
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engrjhez®
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Re: Disapproval of hope on recommendation of BAC on the ground of overpricing, after sales and warranties was not considered by BAC

Post by may17 on Tue Nov 04, 2014 5:19 pm

thank you very much engrjhez for the answer and advise. Really of great help...Thanks for the wisdom. c",)

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Re: Disapproval of hope on recommendation of BAC on the ground of overpricing, after sales and warranties was not considered by BAC

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