Contract Implementation

Go down

Contract Implementation

Post by fe a. araya on Wed Jun 30, 2010 5:50 pm

Is the BAC still involved in contract implementation activities of the PE after the contract has been awarded as recommended by the BAC? Are the following concerns still within the responsibilities of the BAC even if the authority is only recommendatory: Variation Orders, Supplemental Agreement, Time extension, suspension of work, take over contract, cancellation of contract, adjustment/escalatation of contract price, certificate of acceptance, settlement/payment of liquidated damages, etc.

If we look into the Procurement Activities as guide for the BAC, the procurement process ends when the HOPE thru the recom of the BAC issues the Notice to Proceed to the winning bidder. Although, perhaps when allowing the BAC to still be involved in the contract implementation activities, the PE may have invoked certain provisions in Annexes D & E of the IRR (Contract Implementation guidelines) which states that the "Head of the Procuring entity or his duly authorized representative" which I will presume here is the BAC. If this is the case, I think a separate Order for the designation of the BAC to this responsibility be issued to clothe the BAC with the authority. Is this proper?
avatar
fe a. araya
Board Veteran
Board Veteran

Female Number of posts : 335
Company/Agency : DENR Region 5, Rawis, Legaspi City
Occupation/Designation : OIC, Adm. Division/BAC Secretariat
Registration date : 2009-08-20

Back to top Go down

Re: Contract Implementation

Post by engrjhez® on Fri Jul 02, 2010 9:20 am

The Bids and Awards Committee is a recommending body for procurement activities. Actual implementation is the real concern of the end-user/requesting office from which individual PPMPs emanate. However, if other post procurement activities like contract signing was never assigned to any department, the BAC Secretariat shall take the "extra cargo". But even so, the Notice to Proceed (NTP) must come from the initiative of the implementing office (not the BAC). It is only after the completion of delivery of goods and/or rendering of services should the BAC Secretariat be needing inputs as to delivery date and acceptance of the agency to complete the data of Procurement Monitoring Report (PMR). Smile
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2481
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Contract Implementation

Post by sunriser431 on Fri Jul 02, 2010 11:55 am

fe a. araya wrote: Is the BAC still involved in contract implementation activities of the PE after the contract has been awarded as recommended by the BAC? Are the following concerns still within the responsibilities of the BAC even if the authority is only recommendatory: Variation Orders, Supplemental Agreement, Time extension, suspension of work, take over contract, cancellation of contract, adjustment/escalatation of contract price, certificate of acceptance, settlement/payment of liquidated damages, etc.

If we look into the Procurement Activities as guide for the BAC, the procurement process ends when the HOPE thru the recom of the BAC issues the Notice to Proceed to the winning bidder. Although, perhaps when allowing the BAC to still be involved in the contract implementation activities, the PE may have invoked certain provisions in Annexes D & E of the IRR (Contract Implementation guidelines) which states that the "Head of the Procuring entity or his duly authorized representative" which I will presume here is the BAC. If this is the case, I think a separate Order for the designation of the BAC to this responsibility be issued to clothe the BAC with the authority. Is this proper?
Maybe its time to revisit the Generic procurement manual, although the revise not yet available ,we can still use it as our guide.
excerpt from the GPM for goods.which is self explanatory.
example.
Who are the parties involved in the issuance of a Suspension Order?
The following parties are involved in the issuance of a Suspension Order:
1. The PMO or end-user unit;
2. The supplier/manufacturer/distributor; and
3. The Head of the Procuring Entity or his duly authorized representative.
xxxx
another example
Who are involved in the issuance of an Amendment to Order?
The following parties are involved in the issuance of an Amendment to Order:
1. The PMO or end-user unit;
2. The supplier/manufacturer/distributor;
3. The procurement Unit/office; and
4. The Head of the Procuring Entity or his duly authorized representative.
xxxx
consider this,
Who are the parties involved in the issuance of a Suspension Order?
The following parties are involved in the issuance of a Suspension Order:
1. The PMO or end-user unit;
2. The supplier/manufacturer/distributor; and
3. The Head of the Procuring Entity or his duly authorized representative.
xxxx
You may peruse the GPM manual, its a gold mine for valuable information. Hope it might help. bounce
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Contract Implementation

Post by fe a. araya on Fri Jul 02, 2010 6:03 pm

Thanks sunriser for that prompt reply. I really appreciate this forum.
avatar
fe a. araya
Board Veteran
Board Veteran

Female Number of posts : 335
Company/Agency : DENR Region 5, Rawis, Legaspi City
Occupation/Designation : OIC, Adm. Division/BAC Secretariat
Registration date : 2009-08-20

Back to top Go down

Re: Contract Implementation

Post by fe a. araya on Fri Jul 02, 2010 6:11 pm

Thanks sunriser and engrjhez for that prompt reply. I really appreciate this forum. This is an actual case in our agency where based on the approved Manual of Approvals, the recommending authority for these concerns in contract implementation was the BAC. However, since there were some officials who reacted on some delegated authorities, we were instructed to review and make our recommendations if there is a need to amend. For our part, we are recommending that the end-user (we have no PMO) be the one recommending approval instead of the BAC. So, I think we have a basis for our recom.
avatar
fe a. araya
Board Veteran
Board Veteran

Female Number of posts : 335
Company/Agency : DENR Region 5, Rawis, Legaspi City
Occupation/Designation : OIC, Adm. Division/BAC Secretariat
Registration date : 2009-08-20

Back to top Go down

Re: Contract Implementation

Post by sunriser431 on Sun Jul 04, 2010 12:37 pm

fe a. araya wrote:Thanks sunriser for that prompt reply. I really appreciate this forum.
as always, you are welcome Fe A. A. Smile
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Contract Implementation

Post by tingjay on Thu Sep 02, 2010 11:44 am

katanungan lang po....1) can the BAC insist receipt of the Notice of Award to the winning bidder even if the said bidder has submitted a letter informing the BAC that it can no longer deliver the goods since some of its offered items were already obsolete or no longer available in the market (since the issuance of Notice of Award was made after two months)?...for example...the requirement was intel core 2duo but the supplier was informed that hp no longer distributes intel core 2duo.... 2) can the bac impose penalty or sanction on the bidder? will its bid security be forfeited in favor of the government? maraming salamat po....
avatar
tingjay
New Member
New Member

Male Number of posts : 11
Company/Agency : Department of Public Works & Highways
Occupation/Designation : Supply Officer II
Registration date : 2010-08-27

Back to top Go down

Re: Contract Implementation

Post by msm326 on Thu Sep 02, 2010 11:51 am

tingjay wrote:katanungan lang po....1) can the BAC insist receipt of the Notice of Award to the winning bidder even if the said bidder has submitted a letter informing the BAC that it can no longer deliver the goods since some of its offered items were already obsolete or no longer available in the market (since the issuance of Notice of Award was made after two months)?...for example...the requirement was intel core 2duo but the supplier was informed that hp no longer distributes intel core 2duo.... 2) can the bac impose penalty or sanction on the bidder? will its bid security be forfeited in favor of the government? maraming salamat po....

Based on the conditions cited ...there are still equivalent specs that match these items ...let us outsource first all the possibilities first ...and please observe procurement milestones particularly on the Issuance of NOA we have a PPMP for each particular project that serves as guide in our procurement
msm326 Very Happy
avatar
msm326
Valued Contributor
Valued Contributor

Female Number of posts : 264
Company/Agency : LGU SANTA CRUZ
Occupation/Designation : MUNICIPAL GENERAL SERVICES OFFICE
Registration date : 2009-06-03

Back to top Go down

Re: Contract Implementation

Post by tingjay on Thu Sep 02, 2010 11:58 am

thanx msm..but the questions are still unanswered...lets say all the possibilities were already outsourced, can we insist the bidder to accept the NOA? can we penalize them for not accepting the NOA? will its bid security be forfeited in favor of the government?...thanks again...ms. msm...
avatar
tingjay
New Member
New Member

Male Number of posts : 11
Company/Agency : Department of Public Works & Highways
Occupation/Designation : Supply Officer II
Registration date : 2010-08-27

Back to top Go down

Re: Contract Implementation

Post by engrjhez® on Thu Sep 02, 2010 12:48 pm

tingjay wrote:katanungan lang po....1) can the BAC insist receipt of the Notice of Award to the winning bidder even if the said bidder has submitted a letter informing the BAC that it can no longer deliver the goods since some of its offered items were already obsolete or no longer available in the market (since the issuance of Notice of Award was made after two months)?...for example...the requirement was intel core 2duo but the supplier was informed that hp no longer distributes intel core 2duo.... 2) can the bac impose penalty or sanction on the bidder? will its bid security be forfeited in favor of the government? maraming salamat po....
Linawin lang natin:

1) Nareceive na ba ng supplier ang NOA? It is written kasi doon na, the bidder should post Performance Security within ten (10) days, otherwise, ground yun sa forfeiture of bid security. (Anyway, kahit hindi naman nareceive ang NOA, nasa Bid Docs yun). The BAC need only to have enough evidence that the bidder was informed of the notice. In the bidding documents, it is understood that the specifications refer to minimum. So what was inside of the winning bid. Core 2 Duo din ba? Kasi problema ng bidder yun kung wala na available sa market. But here's the real problem: did the Procuring Entity used HP and Core 2 Duo as part of the specs? If yes, that was violative. HP is a brand. Core 2 Duo is synonymous to Intel as a brand also. You should only specify "dual core" or "multi-core". In that way, wala problem kasi multicore naman talaga ang labas sa market ngayon - kahit HP man o ibang brand.

2) As I've mentioned in No.1, dapat noon pa na-forfeit ang bid security the moment na hindi naka comply within 10 c.d. sa posting ng Performance Security. You could also initiate suspension and blacklisting procedures after that.

You can always proceed to the next lowest bidder after that refusal. The remedy is outlined on Section 40:
40.1. If the bidder with the Lowest Calculated Responsive Bid/Highest Rated Responsive
Bid or the bidder with the Single Calculated/Rated Responsive Bid, fails, refuses
or is
unable to submit the documents required under Section 37.1 of this IRR or to make
good its bid by entering into a contract with the procuring entity or post the required
Performance Security within the period stipulated in this IRR or in the Bidding
Documents, the bid security shall be forfeited and the appropriate sanctions provided
in this IRR and existing laws shall be imposed, except where such failure, refusal or
inability is through no fault of the said bidde
r.

40.2. In the case of the failure, refusal or inability of the bidder with the Lowest Calculated
Responsive Bid/Highest Rated Responsive Bid
to submit the documents required
under Section 37.1 of this IRR or to enter into contract and post the required
Performance Security, as provided in this Section, the BAC shall disqualify the said
bidder, and shall initiate and complete the post-qualification process on the bidder
with the second Lowest Calculated Bid/Highest Rated Bid:
Provided, however, That in
the case of consulting services, the second Highest Rated Bid has successfully
undergone the negotiation stage in accordance with Section 33.2.5 of this IRR. This
procedure shall be repeated until the Lowest Calculated Responsive Bid/Highest
Rated Responsive Bid is determined for award. However, if no bidder passes postqualification,
the BAC shall declare the bidding a failure and conduct a re-bidding
with re-advertisement. Should there occur another failure of bidding after the
conduct of the contract’s re-bidding, the procuring entity concerned may enter into a
negotiated procurement.

40.3. In the case of failure, refusal or inability of the bidder with the Single
Calculated/Rated Responsive Bid
to submit the documents required under Section
37.1 of this IRR or to enter into contract and post the required Performance Security,
as provided in this Section, the BAC shall disqualify the said bidder, and shall declare
the bidding a failure and conduct a re-bidding with re-advertisement and/or posting,
as provided for in Sections 21 and 25 of this IRR
. Should there occur another failure
of bidding after the conduct of the contract’s re-bidding, the procuring entity
concerned may enter into a negotiated procurement.

Hope this helps. Smile
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2481
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Contract Implementation

Post by tingjay on Thu Sep 02, 2010 1:04 pm

maraming salamat ms msm....futhermore...yung NOA ay ayaw ngang tanggapin ng supplier kasi hinihintay pa nila yung decision ng BAC regarding sa letter nila...if thats the case, pwede bang ipilit ng procuring entity na ipatanggap sa supplier yung NOA?....i agree with you na iforfeit talaga yung bid security, kaya lang di pa nga tintanggap ng supplier yung NOA...SALAMAT po uli...wag kang magsawang sumgot mam ha....
avatar
tingjay
New Member
New Member

Male Number of posts : 11
Company/Agency : Department of Public Works & Highways
Occupation/Designation : Supply Officer II
Registration date : 2010-08-27

Back to top Go down

Re: Contract Implementation

Post by engrjhez® on Thu Sep 02, 2010 1:09 pm

tingjay wrote:maraming salamat ms msm....futhermore...yung NOA ay ayaw ngang tanggapin ng supplier kasi hinihintay pa nila yung decision ng BAC regarding sa letter nila...if thats the case, pwede bang ipilit ng procuring entity na ipatanggap sa supplier yung NOA?....i agree with you na iforfeit talaga yung bid security, kaya lang di pa nga tintanggap ng supplier yung NOA...SALAMAT po uli...wag kang magsawang sumgot mam ha....

I think it is I (engrjhez) and not 'msm326' anymore who made the answer. It's a Mr. po. Anyway, thanks accepted.
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2481
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Contract Implementation

Post by tingjay on Thu Sep 02, 2010 1:16 pm

pahabol pa.....this is the scenario...the bidder with the lowest calculated bid (Bidder A) failed the post-qualification. the bac conducted post-qualification on the bidder with second lowest calculated bid (Bidder B), since the bidder A did not not file any motion for reconsideration, the question is...can we negotiate with Bidder B to lower its bid price to the of the Bidder A and why? (since the IRR is silent regarding negotiation of bid price to the bidder with the second lowest calculated bid as per Section 40.2?...thanks po uli in advance..
avatar
tingjay
New Member
New Member

Male Number of posts : 11
Company/Agency : Department of Public Works & Highways
Occupation/Designation : Supply Officer II
Registration date : 2010-08-27

Back to top Go down

Re: Contract Implementation

Post by engrjhez® on Thu Sep 02, 2010 1:20 pm

tingjay wrote:pahabol pa.....this is the scenario...the bidder with the lowest calculated bid (Bidder A) failed the post-qualification. the bac conducted post-qualification on the bidder with second lowest calculated bid (Bidder B), since the bidder A did not not file any motion for reconsideration, the question is...can we negotiate with Bidder B to lower its bid price to the of the Bidder A and why? (since the IRR is silent regarding negotiation of bid price to the bidder with the second lowest calculated bid as per Section 40.2?...thanks po uli in advance..

JeJeJe. Smile

The intention is good, but there is none in the IRR that speaks of that proposition. You cannot force the bidder as it will become reflective of certain "modification" or "improvement" of bid which is a violation of the Rules.
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2481
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Contract Implementation

Post by tingjay on Thu Sep 02, 2010 1:49 pm

engrjhez...pwede bang ipilit ng procuring entity na ipatanggap yung NOA sa supplier pending the decision of the bac dun sa letter nila?...
avatar
tingjay
New Member
New Member

Male Number of posts : 11
Company/Agency : Department of Public Works & Highways
Occupation/Designation : Supply Officer II
Registration date : 2010-08-27

Back to top Go down

Re: Contract Implementation

Post by engrjhez® on Thu Sep 02, 2010 2:08 pm

tingjay wrote:engrjhez...pwede bang ipilit ng procuring entity na ipatanggap yung NOA sa supplier pending the decision of the bac dun sa letter nila?...
Wag n'yo na ipilit. Kung ayaw, eh 'di wag. Refusal is enough. Kaya lang, di mo pa rn nasagot ung question ko: ano ba specs na inilagay nyo? HP Core 2 Duo?
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2481
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Contract Implementation

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum