Possible violation of the BAC members

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Possible violation of the BAC members

Post by markcq on Fri Apr 10, 2015 10:55 am

Good day. would like to know if what are the possible violations of the BAC if they conducted the public bidding on a time after the scheduled public bidding. Let us say, it was scheduled at 10 am but the BAC conducted the bidding at 4pm of the same day.

Thank you.

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Re: Possible violation of the BAC members

Post by engrjhez® on Wed Apr 15, 2015 9:12 pm

markcq wrote:Good day.  would like to know if what are the possible violations of the BAC if they conducted the public bidding on a time after the scheduled public bidding.  Let us say, it was scheduled at 10 am but the BAC conducted the bidding at 4pm of the same day.

Thank you.

It depends.

If the BAC validly announced and notified all participating bidders and observers of the changes, there may be no violation.

If the BAC deliberately and maliciously postponed the opening to the prejudice of bidders and/or attending observers, then the BAC may be criminally liable. Section 65 of the Revised IRR provides:

65.1. Without prejudice to the provisions of R.A. 3019 and other penal laws, public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years:
a) xxx
b) Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of action provided for in this IRR.
xxx
(underscoring supplied)
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