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when can the HOPE invoke reservation caluse

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when can the HOPE invoke reservation caluse

Post by rmappala on Tue Jan 24, 2012 2:58 pm

when can the HOPE invoke reservation clause?

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Re: when can the HOPE invoke reservation caluse

Post by Jovinal on Tue Jan 24, 2012 7:31 pm

Section 41. of IRR RA No. 9184 may answer you "Reservation Clause
The Head of the Procuring Entity reserves the right to reject any and all bids, declare a
failure of bidding, or not award the contract in the following situations:
a) If there is prima facie evidence of collusion between appropriate public officers or
employees of the procuring entity, or between the BAC and any of the bidders, or if
the collusion is between or among the bidders themselves, or between a bidder and a restrict, suppress or nullify competition;
b) If the BAC is found to have failed in following the prescribed bidding procedures; or
c) For any justifiable and reasonable ground where the award of the contract will not
redound to the benefit of the GOP, as follows: (i) if the physical and economic
conditions have significantly changed so as to render the project no longer
economically, financially, or technically feasible, as determined by the Head of the
Procuring Entity; (ii) if the project is no longer necessary as determined by the Head
of the Procuring Entity; and (iii) if the source of funds for the project has been
withheld or reduced through no fault of the procuring entity."
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