When does a quorum required?

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When does a quorum required?

Post by venom.0420 on Fri Mar 06, 2009 2:05 pm

Hi guyz! Just want to know ur thoughts on the following:

Is quorum required in the following activity:
1. Pre-procurement conference
2. Pre-bid conference
3. Opening and Evaluation of Bids (hahaha)
4. Post-qualification
5. Please post other activities not listed above that warrants quorum

Thanks in advance! Very Happy
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Re: When does a quorum required?

Post by engrjhez® on Fri Mar 06, 2009 8:43 pm

Let's see...

Section 12.3 Quorum
A majority of the total BAC composition as designated by the head of the
procuring entity shall constitute a quorum for the transaction of business,
provided that the presence of the Chairman or Vice-Chairman shall be required.


Quorum pertains to a state on the presence of BAC members. As a general rule (to any parliamentary procedures), it is always required on every meeting for the proceedings and decisions to be valid and binding.

Section 12.4. Meetings
The Chairman or, in his absence, the Vice-Chairman, shall preside at all
meetings of the BAC. The decision of at least a majority of those present at a
meeting at which there is quorum shall be valid and binding as an act of the
BAC: Provided, however, That the Chairman or, in his absence, the Vice-
Chairman, shall vote only in case of a tie. Observers and representatives of BAC
members shall have no right to vote during BAC meetings, nor shall the
representatives of BAC members be authorized to sign in behalf of the members
represented.


As to your query, only #3 and #4 require an absolute quorum. Unless a decision has to be resolved or made by voting, you may proceed with simple presence of the BAC Chair or Vice-Chair.

This is as far as I can rule out...Very Happy
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When does a quorum required?

Post by venom.0420 on Sun Mar 08, 2009 9:17 pm

Thanks Sir Engrjhez for the helpful information.

Since you have mentioned that only 3 and 4 requires "absolute" quorum, do you think its okay for any pre-bid or pre-procurement conference to proceed even if the BAC does not have a quorum as long as the Chair or Vice-Chairman is present?
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Re: When does a quorum required?

Post by engrjhez® on Sun Mar 08, 2009 10:56 pm

Yes, pre-procurement and pre-bid conferences may proceed as to begin the meeting. However, when there is an issue that needs to decided or resolved, we cannot put the proceedings in effect unless a QUORUM is attained.

Conversely, when no questions or any significant development in the meeting that may affect the bidding process, and that requires voting of BAC members, the meeting may start and end (or adjourned) as to records purposes only.Very Happy
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Re: When does a quorum required?

Post by shobe on Wed Mar 18, 2009 11:31 am

venom.0420 wrote:Hi guyz! Just want to know ur thoughts on the following:

Is quorum required in the following activity:
1. Pre-procurement conference
2. Pre-bid conference
3. Opening and Evaluation of Bids (hahaha)
4. Post-qualification
5. Please post other activities not listed above that warrants quorum

Thanks in advance! Very Happy


Here are my thoughts:

1.The purpose of the pre-proc is merely to asses the readiness of the procurement (section 20 GPRA) and in my opinion is purely an internal mechanism for the procuring entity which may proceed with or without a quorum. However, it would really be advantageous on the part of the procuring entity if it (procurement officers) has a unanimous stand on a particular issue before the pre-bid conference (where bidders might question some technical and financial components parts of the contract to be bid).

2. Although required for specific thresholds only, I believe that a quorum should be considered mandatory during a pre-bid conference. It is undoubtedly during the pre-bid where modifications (as long as in writing and issued through a supplemental/bid bulletin) in the bidding documents will be made and a quorum is vital in deciding whether or not to push through with such modifications.

3. For opening and evaluation and post-qual, a quorum is required. One cannot reach a decision, crucial to the project, without a quorum.
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