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Negotiated Procurement due to 2 failed biddings

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Negotiated Procurement due to 2 failed biddings

Post by fe a. araya on Sat Nov 14, 2009 5:41 pm

In negotiated procurement due to 2 failed biddings:

1. What form shall we use for the Invitation to Negotiate? (Infra Proj). Sec. 54.2 of the IRR requires posting of the invitation or request for submission of price quotations.
2. Is there a bid validity for negotiated procurement?
3. Are we required to use the PBD (in this case, for Infra) for this particular alternative mode of procurement?
4. Do we conduct eligibility check prior to negotiation? can we include this condition in the invitation that only those found to be eligible be allowed to participate in the negotiation, hence a need to conduct first an eligibility check?
While in the old IRR-A, Sec. 54.2(b) requires only at least 3 suppliers, contractors or consultants in good standing to be invited, Sec. 53.1.2 of the Revised IRR expand the participation to "a sufficient number of suppliers, contractors or consultants", hence the posting in PhilGEPs, website and conspicuous places.
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Re: Negotiated Procurement due to 2 failed biddings

Post by Niwram on Mon Nov 16, 2009 2:32 pm

1.) the same form in the PBD shall use for the invitation to bid in negotiated procurement.

2.) Bid validity under Section 28 of the revised IRR will apply to negotiated procurement.. sections 28.1 and 28.2 provides that:

Section 28. Bid Validity
28.1. Bids and bid securities shall be valid for a reasonable period as determined by the Head of the Procuring Entity concerned, which shall be indicated in the Bidding Documents, but in no case shall the period exceed one hundred twenty (120)calendar days from the date of the opening of bids.

28.2. Should it become necessary to extend the validity of the bids and bid securities beyond one hundred twenty (120) calendar days, the procuring entity concerned shall request in writing all those who submitted bids for such extension before the expiration date therefor. Bidders, however, shall have the right to refuse to grant such extension without forfeiting their bid security.

3.) in case of alternative method Section 53 on negotiated procurement provides that the PBD is not required to use.. the procuring entity directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant.

4.) Section 53.1.2.1. In the case of infrastructure projects, bona fide contractors licensed with the CIAP whose eligibility documents are on file with the procuring entity concerned or the Department of Public Works and Highways (DPWH) Contractors’ Registry, as the case may be, and who have been classified under the type of contract/project where the subject contract falls are eligible to be invited for negotiation. Other contractors not previously deemed eligible may also apply for eligibility.

Section 53.1.2.2. All Procuring Entities shall maintain a registry of suppliers, contractors, and consultants as basis for drawing up the short list and/or selecting the suppliers, contractors, and consultants for negotiations.
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Re: Negotiated Procurement due to 2 failed biddings

Post by Guest on Mon Nov 16, 2009 4:11 pm

In addition for number two
54.5. Performance and warranty securities, as prescribed in Sections 39 and 62 of this IRR, shall be submitted for contracts acquired through the alternative methods of procurement,
except for Shopping under Section 52 and
Negotiated Procurement under Sections 53.2 (emergency cases), 53.9 (small value procurement), 53.10 (lease of real property), and 53.13 (UN agencies).(n)

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