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PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

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PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by jene on Wed Aug 25, 2010 1:01 pm

Upon series of ocular and follow-ups of our company for almost a year now, we haven't received an answer when will our documents be signed by the Procuring Entity. We are now encountering some losses already and our finances are also tied up with them such as the security bond which was requested during the bidding. Almost everyday we are asking for any feed backs or schedule for the signing of the documents but we get the same answers that the Chairman has no time yet to sign. Our company has been very considerate for almost a year now and as the winning bidder, we have done our part and accomplished everything needed for the process. In fact we accomplished everything in less than your 120 days lead time.

Can our company do something about this? Can we request the Procuring Entity for partial payment because the surety bond is already lapsed. We are just waiting for them to settle where the unit should be installed.


ASking for some help..Thank you very much..
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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by engrjhez® on Wed Aug 25, 2010 1:59 pm

jene wrote:Upon series of ocular and follow-ups of our company for almost a year now, we haven't received an answer when will our documents be signed by the Procuring Entity. We are now encountering some losses already and our finances are also tied up with them such as the security bond which was requested during the bidding. Almost everyday we are asking for any feed backs or schedule for the signing of the documents but we get the same answers that the Chairman has no time yet to sign. Our company has been very considerate for almost a year now and as the winning bidder, we have done our part and accomplished everything needed for the process. In fact we accomplished everything in less than your 120 days lead time.

Can our company do something about this? Can we request the Procuring Entity for partial payment because the surety bond is already lapsed. We are just waiting for them to settle where the unit should be installed.


ASking for some help..Thank you very much..

What document are you referring to? The award? the contract? NTP? So as we can clearly answer your concern... Smile
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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by jene on Wed Aug 25, 2010 3:09 pm

the documents im referring to are papers to process their partial payment to our company.. the both parties agreed that if we delivered the unit to the procuring entity they will release the partial payment. They already send an email telling us that we should be the one to contact the Chairman for the signatory. Is that our job as a bidder??
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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by engrjhez® on Wed Aug 25, 2010 4:47 pm

jene wrote:the documents im referring to are papers to process their partial payment to our company.. the both parties agreed that if we delivered the unit to the procuring entity they will release the partial payment. They already send an email telling us that we should be the one to contact the Chairman for the signatory. Is that our job as a bidder??

I am a bit confused. If there is already an award and a contract (as your statement implies), the (BAC) Chairman has nothing more to sign. This is based on the premise that "in no case the Chairman or a BAC member be the same time the approving authority".

After the delivery of items, you request for payment after obtaining the acceptance of items in the DR. The end user/implementing office process the payment and you only need to be back after the issuance of (payment) check and your issuance of Official Receipt thereby. There is the ANTI RED TAPE ACT of 2007 to handle the case on non-processing within the prescribed period. The ARTA also requires a written explanation be served to the client as to why payment has been delayed or disapproved (in writing). Failure to do that will held the liable guilty of Neglect of Duty (after due process is served) - from which 1st offense is punishable by suspension for 30 days.

Smile
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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by jene on Wed Aug 25, 2010 5:18 pm

thanks, i know its really confusing,,i have attended a seminar regarding R.A. 9184.. i also dont understand why they cant process the payment for our company if it has already an approved budget, they issued notice of award and notice to proceed and we already supplied them the unit.

thanks,, Smile
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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by jene on Wed Aug 25, 2010 5:39 pm

may we know what legal action can we do or how we can demand from them? its almost a year now since they award the project with NTP and units were already delivered to them. in what premise can we ask them so they will be oblige to comply and to pay us without any further delay.
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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by engrjhez® on Wed Aug 25, 2010 6:11 pm

jene wrote:may we know what legal action can we do or how we can demand from them? its almost a year now since they award the project with NTP and units were already delivered to them. in what premise can we ask them so they will be oblige to comply and to pay us without any further delay.

You can hire a lawyer to file a suit. As part of the evidence, you need to show the following but not limited to:
1. Notice of Award issued (NOA);
2. Properly executed Contract Agreement/Purchase Order;
3. Copy of Notice to Proceed (NTP); and
4. "Received" copy of delivery receipt as a proof that delivery has been made;

Aside from that, administrative cases may be filed to officials liable for the delay. Suspect
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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by jene on Wed Aug 25, 2010 7:23 pm

thanks much! really hope that they finally release the payment.
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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by sunriser431 on Wed Aug 25, 2010 9:20 pm

jene wrote:thanks much! really hope that they finally release the payment.
I suppose it is procurement of Goods. Excerpts from the PBDs for your reference.
Section IV. General Conditions of Contract
section 1. xxxx
10. Payment
10.1. Unless otherwise specified in the SCC, payments shall be made only upon a certification by the Head of the Procuring Entity to the effect that the Goods have been rendered or delivered in accordance with the terms of this Contract and have been duly inspected and accepted. Except with the prior approval of the President no payment shall be made for services not yet rendered or for supplies and materials not yet delivered under this Contract. Ten percent (10%) of the amount of each payment shall be retained by the Procuring Entity to cover the Supplier’s warranty obligations under this Contract as described in GCC Clause 17.
10.2.The Supplier’s request(s) for payment shall be made to the Procuring Entity in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and/or Services performed, and by documents submitted pursuant to the SCC provision for GCC Clause 6.2, and upon fulfillment of other obligations stipulated in this Contract.
10.3.Pursuant to GCC Clause 10.2, payments shall be made promptly by the Procuring Entity, but in no case later than sixty (60) days after submission of an invoice or claim by the Supplier
10.4.Unless otherwise specified in the SCC, the currency in which payment is made to the Supplier under this Contract shall be in Philippine Pesos.

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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by RDV @ GP3i on Thu Aug 26, 2010 10:21 pm

jene wrote:may we know what legal action can we do or how we can demand from them? its almost a year now since they award the project with NTP and units were already delivered to them. in what premise can we ask them so they will be oblige to comply and to pay us without any further delay.
As correctly pointed out by engrjhez, the BAC or the BAC Chairman has nothing to do with it anymore. I believe it is just an excuse. You can file legal action for collection of sum of money. You can file anti-graft case against the signatory to the contract.
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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by suizoph on Fri Aug 05, 2011 3:32 pm

We are procuring 10 dumptrucks for the Province of Iloilo. The bid is in YEN and the units will be imported in Japan hence a Letter of Credit was required. For purposes of determining the final value for our Purchase Order, may I inquire if there are recent amendments to GPPB Resolution No. 020-2005 dated October 2005 wherein we could refer to and/ or that may affect our contract price?

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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by engrjhez® on Fri Aug 05, 2011 4:48 pm

suizoph wrote:We are procuring 10 dumptrucks for the Province of Iloilo. The bid is in YEN and the units will be imported in Japan hence a Letter of Credit was required. For purposes of determining the final value for our Purchase Order, may I inquire if there are recent amendments to GPPB Resolution No. 020-2005 dated October 2005 wherein we could refer to and/ or that may affect our contract price?

I am not aware of any amendment of the "GUIDELINES ON PROCUREMENTS INVOLVING FOREIGN-DENOMINATED BIDS, CONTRACT PRICES AND PAYMENT USING LETTERS OF CREDIT". Hence the currency conversion at the Opening of Bids shall prevail as fixed price in the contract. Smile
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Re: PAYMENT OF THE PROCURING ENTITY TO THE BIDDER

Post by suizoph on Mon Aug 08, 2011 8:49 pm

Maraming salamat po Very Happy Very Happy Very Happy

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