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Clarification on the provision re: Notice to Proceed

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Clarification on the provision re: Notice to Proceed

Post by bujoy2015 on Tue Feb 23, 2016 5:27 pm

Sec. 37.4.1 of RA 9184 states that "The procuring entity shall issue the Notice to Proceed together with a copy of
the approved contract to the successful bidder within three (3) calendar days from the date of approval of the contract by the appropriate government approving authority. However, for infrastructure projects with an ABC of Fifty Million Pesos (P50,000,000) and below, the maximum period is two (2) calendar days. The contract effectivity date shall be provided in the Notice to Proceed by the procuring entity, which date shall not be later than seven (7) calendar days from its issuance.
"

Whereas, in Phil. Bidding Documents for Infra Projects (4th Edition) Section II. Instruction to Bidders (ITB) Clause 33. for Notice to Proceed states that "Within three (3) calendar days from the date of approval of the Contract by the appropriate government approving authority, the Procuring Entity shall issue its Notice to Proceed to the Bidder."

Our concern is, for infra projects with ABC of 50 Million and below, NTP should be issued with a maximum period of 2 calendar days but it is contradicting with the above Sec. 37.4.1 of RA 9184. Which provision do we follow?

Thanks everyone in advance....

bujoy2015
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