Negotiated Procurement Two failed Bidding vs COA Circular 2012-001

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Negotiated Procurement Two failed Bidding vs COA Circular 2012-001

Post by elphaba on Wed Jun 29, 2016 10:50 am

Section 9.2.5 of COA Cir. No. 2009-001 dated February 12,
2009 seems to be in conflict with Section 53. of the IRR.

While Section 53.1.2 provides that the BAC shall invite and engage in negotiations with a sufficient number of suppliers, contractors or consultants to ensure effective competition and Section 53 provides that PE may directly negotiate a contract with a technically, legally and financially capable supplier, contractor or consultant, it doesn't specifically say that at least three price quotations or bid offer must be obtained (Section 9.2.5 of COA Cir. No. 2009-001). Problem sets in when despite having invited a sufficient number of suppler, only one will submit a proposal. Which rule shall prevail?The general law or the coa circular which was enacted subsequent to the effectivity of R.A. 9184? Please enlighten me.

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Re: Negotiated Procurement Two failed Bidding vs COA Circular 2012-001

Post by engrjhez® on Sat Jul 09, 2016 1:13 pm

The IRR should prevail. The COA Circular is a mere administrative issuance which should follow the former which has the force and effect of a law.
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Limited Source Bidding

Post by elphaba on Mon Aug 08, 2016 4:48 pm

Sir, I have another question pertaining to a different matter altogether.

Section 49.1(a) provides that Limited source bidding may be employed in case of procurement of highly specialized types of goods (e.g., sophisticated defense equipment, complex air navigation systems, coal) and consulting services where only a few suppliers or consultants are known to be available, such that resorting to the public bidding method will not likely result in any additional suppliers or consultants participating in the bidding. Following the doctrine of ejusdem generis, is it correct to presume that this method cannot be applicable to procurement of consultancy service for ISO QMS because it is not of the same nature or category to those specifically enumerated?

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Re: Negotiated Procurement Two failed Bidding vs COA Circular 2012-001

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