Clarification on the applicability of GPPB Res. NO. 26-2013

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Clarification on the applicability of GPPB Res. NO. 26-2013

Post by PPA-TWG on Fri Jul 31, 2015 1:28 pm

This is to raise our concern as regards the applicability of GPPB Res. 26-2013 with the present situation we face.

Our clarification is pertaining to small value procurement conducted for hiring of draftsman done through request for quotation... the quotation received was in order except that one of prospective providers submitted an offer found to be below the 10% Agency Fee as prescribed by DOLE. Despite the earlier pronouncements in earlier biddings that all offer should be within the prescribed Agency Fee set by Law.

With the issuance of GPPB Res. 26-2013, the offer was found to qualify as offered... however, BAC was pondering on the objective of the offering entity considering that the offered submitted was lowered by 0.002 thereby giving the advantage on their side detrimental to the other submitting party.

This derives us to concerns that the GPPB Res. 26-2013 although prescribed that a floor should not be set for bid, however, given the fair and unjust playing options to other offering party is found to be malicious...

Your immediate response is highly appreciated.

BAC-TWG



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Re: Clarification on the applicability of GPPB Res. NO. 26-2013

Post by regina avelino on Tue Aug 04, 2015 8:37 am

"the view expressed in Policy Matter Opiinion No. 03-2012 dated 30 November 2012 that Section 9(b)(ii) of DOLE D.O. No. 18-A should be considered invalid for being violative of Section 31 of RA 9184 and its IRR". The law is very clear that what DOLE D.O. No. 18-A sets the floor price which is a violation of pertinent procurement law. The bidder is not prohibited to tender bid price with an agency fee lower than 10%. The bid offer acceptable for as long as it is not above the ABC. There should be no floor price.

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