Silent Provision of RA 9184

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Silent Provision of RA 9184

Post by dagmars on Thu Aug 25, 2011 8:33 am

Sir :
If the provision or section in RA 9184 is silent, what does it mean ? Thank you very much.
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Re: Silent Provision of RA 9184

Post by accounting on Thu Aug 25, 2011 1:56 pm

If the provision or section in RA 9184 is silent, what does it mean ? Thank you very much.[quote]

When the provision is silent, (a.)go to the implementing rules of the RA 9184,(b.) use what is currently acceptable procedure in processing the claim, (c.) ask your resident auditor for guidance. Smile
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Re: Silent Provision of RA 9184

Post by khalel on Thu Aug 25, 2011 3:40 pm

are you asking for the meaning of the phrase or asking what?

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Re: Silent Provision of RA 9184

Post by sunriser431 on Thu Aug 25, 2011 8:41 pm

dagmars wrote:Sir :
If the provision or section in RA 9184 is silent, what does it mean ? Thank you very much.
what could possibly be the issues and concern. please provide the details. bounce
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Re: Silent Provision of RA 9184

Post by dagmars on Thu Aug 25, 2011 8:53 pm

In section 26.2 of IRR of RA 9184, a bidder that withdraws its bid shall not be permitted to submit another bid, directly or indirectly for the same contract. Thus, it mean including the bidder who submit a letter expressing its intention not to participate because he believes the ABC is under estimate. A failure of bidding was declared. The BAC conduct a mandatory review and increased the ABC. Can the bidder who submit a letter expressing its intention not to participate in the first bidding eligible to submit his bid for the second bidding since the ABC had increased ? I asked this question because Section 26.2 of IRR of RA 9184 thus not mention the bidder who express its intention not to participate will not be permitted to submit another bid directly or indirectly for the same contract. Thanks.
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Re: Silent Provision of RA 9184

Post by sunriser431 on Thu Aug 25, 2011 10:03 pm

dagmars wrote:In section 26.2 of IRR of RA 9184, a bidder that withdraws its bid shall not be permitted to submit another bid, directly or indirectly for the same contract. Thus, it mean including the bidder who submit a letter expressing its intention not to participate because he believes the ABC is under estimate. A failure of bidding was declared. The BAC conduct a mandatory review and increased the ABC. Can the bidder who submit a letter expressing its intention not to participate in the first bidding eligible to submit his bid for the second bidding since the ABC had increased ? Thanks.
All prospective bidders including those previously responded to the ITB are allowed to particiapte in the second bidding thats why the BAC are mandated to review and revise the terms, conditions and specifications if necessary including the ABC. bounce
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Re: Silent Provision of RA 9184

Post by dagmars on Fri Aug 26, 2011 7:31 am

The one you are citing sir is Section 35.4 of the IRR of RA 9184. Is this Section is the justification to Section 26.2 of the IRR of RA 9184 ? Thank you very much for the enlightenment.
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Re: Silent Provision of RA 9184

Post by engrjhez® on Fri Aug 26, 2011 9:38 am

dagmars wrote:In section 26.2 of IRR of RA 9184, a bidder that withdraws its bid shall not be permitted to submit another bid, directly or indirectly for the same contract. Thus, it mean including the bidder who submit a letter expressing its intention not to participate because he believes the ABC is under estimate. A failure of bidding was declared. The BAC conduct a mandatory review and increased the ABC. Can the bidder who submit a letter expressing its intention not to participate in the first bidding eligible to submit his bid for the second bidding since the ABC had increased ? I asked this question because Section 26.2 of IRR of RA 9184 thus not mention the bidder who express its intention not to participate will not be permitted to submit another bid directly or indirectly for the same contract. Thanks.

I see no silent provision there, both on Sec. 26.2 and 35.4.

In Sec.26.2, the prohibition to participate applies to those who have withdrawn their bids under the same contract. That 'same contract' pertains the that current procurement process leading to the award of contract. If that process was declared a failure, then the contract that will be awarded to it also failed. By re-posting the bid after the conduct of mandatory review of the terms and condition, with or without changes or adjustment in the ABC, the new posting refers to a new contract. Hence by principle of "competitiveness", it must give equal opportunity to everyone to participate.

My answer is in consonance with my previous answer in this post: http://gppb.forumotion.com/t1920-eligibility-to-submit-bids-2nd-bidding-after-disqualified-due-to-failure-to-comply-with-all-the-bid-requirements-in-the-1st-bidding#10493

Smile
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Re: Silent Provision of RA 9184

Post by dagmars on Fri Aug 26, 2011 11:35 am

Many thanks for the enlightenment ...
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Re: Silent Provision of RA 9184

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