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divided decision among BAC

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divided decision among BAC

Post by wela on Tue May 18, 2010 4:47 pm

Good day to all!

Can the BAC push through with the issuance of NOA, even if the two BAC members out of five refused to sign the LCRB Resolution because they disagree with the decision Question

Thank you.
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Re: divided decision among BAC

Post by Niwram on Tue May 18, 2010 5:36 pm

Read Section 12.3 of the revised IRR.
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Re: divided decision among BAC

Post by sunriser431 on Wed May 19, 2010 7:11 pm

wela wrote:Good day to all!

Can the BAC push through with the issuance of NOA, even if the two BAC members out of five refused to sign the LCRB Resolution because they disagree with the decision Question

Thank you.
I think, in reference to the bold underline text, its not one of the enumerated functions (Section 12 of the revised IRR for reference ) of the BAC. bounce
37.1 xxxxx
37.1.3. In case of approval, the Head of the Procuring Entity shall immediately issue the Notice of Award to the bidder with the Lowest Calculated Responsive Bid/Highest Rated Responsive Bid. In the event the Head of the Procuring Entity shall disapprove such recommendation, such disapproval shall be based only on valid, reasonable, and justifiable grounds to be expressed in writing, copy furnished the BAC.
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Re: divided decision among BAC

Post by engrjhez® on Thu May 20, 2010 2:37 pm

wela wrote:Good day to all!

Can the BAC push through with the issuance of NOA, even if the two BAC members out of five refused to sign the LCRB Resolution because they disagree with the decision Question

Thank you.

Yes. BAC's decision is a collegiate decision - meaning a majority decision. You need not to convince 100% of its composition just to proceed. However, the decision not to agree or not to sign must be reflected in the minutes of the meeting so that if any trouble arises from such recommendation it would be clear who voted yes or no. Moreover, this would apply in the same way "alternate BAC members" appear and decide in their representations. Smile
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Re: divided decision among BAC

Post by wela on Fri May 21, 2010 10:59 am

Thank you very much po sainyong lahat!!!
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Re: divided decision among BAC

Post by jcolas on Sat May 22, 2010 8:39 pm

Its the Democratic way and sometimes there are members who does not agree with the majority. but as what engrhez have posted, the dissenting opinion should be reflected in the minutes of the meeting. I would go further by saying that if possible, the dissenting o,pinion should be in writing. D naman pweded na basta ayaw nilang pumirha. their should be a reason why they do not like to affix their signature. Its part of our jury duty.
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Re: divided decision among BAC

Post by msm326 on Mon May 24, 2010 2:35 pm

nice points taken up on these topics.... both have good opinions on various situations.
msm326
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