When & by whom "Failure of Bidding" may be declared.

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When & by whom "Failure of Bidding" may be declared.

Post by caesar m. ortega on Sat Feb 13, 2010 2:52 pm

Under the Revised IRR of RA 9184, it would appear that there are only 2 instances when a failure of bidding may be declared. The first is when declared by the BAC under Sec. 35, IRR; and the second is when declared by the HOPE under Sec. 41, IRR.

Questions:
(1) Can the BAC cite grounds mentioned in Sec. 41 in declaring a failure of bidding?
(2) Can the HOPE cite grounds other than those mentioned in Sec. 41?
(3) Is there any other instance when a failure of bidding may be declared, other than under Sec. 35 and Sec. 41, IRR?

Thank you!
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Re: When & by whom "Failure of Bidding" may be declared.

Post by RDV @ GP3i on Sat Feb 13, 2010 4:54 pm

caesar m. ortega wrote:Under the Revised IRR of RA 9184, it would appear that there are only 2 instances when a failure of bidding may be declared. The first is when declared by the BAC under Sec. 35, IRR; and the second is when declared by the HOPE under Sec. 41, IRR.

Questions:
(1) Can the BAC cite grounds mentioned in Sec. 41 in declaring a failure of bidding?
(2) Can the HOPE cite grounds other than those mentioned in Sec. 41?
(3) Is there any other instance when a failure of bidding may be declared, other than under Sec. 35 and Sec. 41, IRR?

Thank you!

On Q1 - NO, the BAC is limited only to Sec. 35;
On Q2 - NO, the HOPE is limited only to Sec. 41;
On Q3 - Other than Sec. 35 and 41, there could only be failure of negotiation under Sec. 53 (Negotiated Procurement) and in case of procurement of Consulting Services. I am not aware of any other instances of failure of bidding.
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Re: When & by whom "Failure of Bidding" may be declared.

Post by sunriser431 on Sun Feb 14, 2010 4:01 pm

RDV wrote:
caesar m. ortega wrote:Under the Revised IRR of RA 9184, it would appear that there are only 2 instances when a failure of bidding may be declared. The first is when declared by the BAC under Sec. 35, IRR; and the second is when declared by the HOPE under Sec. 41, IRR.

Questions:
(1) Can the BAC cite grounds mentioned in Sec. 41 in declaring a failure of bidding?
(2) Can the HOPE cite grounds other than those mentioned in Sec. 41?
(3) Is there any other instance when a failure of bidding may be declared, other than under Sec. 35 and Sec. 41, IRR?

Thank you!

On Q1 - NO, the BAC is limited only to Sec. 35;
On Q2 - NO, the HOPE is limited only to Sec. 41;
On Q3 - Other than Sec. 35 and 41, there could only be failure of negotiation under Sec. 53 (Negotiated Procurement) and in case of procurement of Consulting Services. I am not aware of any other instances of failure of bidding.
Agree, no further explanation needed Smile
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