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settling requests for reconsideration re: liquidated damages

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settling requests for reconsideration re: liquidated damages

Post by tatakserbisyo on Fri Aug 11, 2017 9:56 am

Sir/Madam:

May i refer to you the case of our LGU concerning imposition of Liquidated Damages.
Every time a supplier requests for reconsideration in the imposition of liquidated citing various reasons ,
the implementing unit (which in our case the GSO) and the City Accountant, refer the request to the
Bids and Awards Committee for resolution.

In behalf of our BAC, may I inquire if we are doing the right thing?

This had been brought into the discussion by one of the BAC members who argued that settling such requests
by the suppliers should not have been referred to the BAC since their functions and powers only cover the whole
bidding process and not the contract implementation stage. It is the understanding of the BAC that contract
implementation stage is no longer within the jurisdiction of the BAC. Instead, it is the implementing office (GSO)
and the Head of the Procuring Entity (HOPE) which shall either approve or deny such requests.

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Re: settling requests for reconsideration re: liquidated damages

Post by alpha1 on Mon Aug 14, 2017 2:42 pm

Dear Tatakserbisyo. I agree with the members of the BAC that it is beyond the their powers to even recommend on how the LD must be implemented. It is the duties and responsibilities of the Municipal Accountant to compute liquidation damages because they're the one preparing the disbursement voucher.
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Re: settling requests for reconsideration re: liquidated damages

Post by tatakserbisyo on Thu Aug 17, 2017 2:49 pm

in case of requests to reconsider imposition of LD, who shall settle such request?

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Re: settling requests for reconsideration re: liquidated damages

Post by regina avelino on Fri Aug 18, 2017 8:49 am

If you refer to the generic procurement manual for LGU, it mentioned "The HOPE may grant time extensions, at its discretion, if based on meritorious grounds, with or without liquidated damages" thus, it should be the Municipal Mayor who shall settle whether to impose or not to impose LD based on grounds he may consider.

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Re: settling requests for reconsideration re: liquidated damages

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