Justification for late posting of performance bond

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Justification for late posting of performance bond

Post by mika07 on Mon May 28, 2012 10:40 am

We are all aware that the posting of performance bond should be within 10 days from receipt of notice of award. What if the winning bidder failed to post within the prescribed period?

The notice of Award was received by the winning bidder on September 9, 2011; the payment for performance bond was made on October 11, 2011.

The winning bidder wrote the head of the BAC Secretariat asking for consideration for the delayed posting of their performance bond. According to them the posting was delayed due to changes in the form of performance security and that upon receipt of NOtice to award they deposited to the treasurer's office a certified check as performance bond however it was not accepted and were advised to change it to cash or manager's check.

Consequently, the Head of the BAC Secretariat made a justification. To quote"
[justify] "This is to justify the delay in the deposit of the performance security of Tough truch for their Purchase Order No. 2011-001 dated MAy 30, 2011 as per letter attached dated April 18, 2012 addressed to the BAC Secretariat statting reasons for the delay in the deposit of their performance security.
This is to further justify that as specified under Sec. 39 of the Implementing Rules and Regulations of RA 9184, a performance security is required to guarantee the faithful performance by the supplier of its obligations under the contract and as far as the delivery of the vehicle is concerned, it was already used by the dep ed office as their service
vehicle" [/justi

Can the Head of the BAc Secretariat do this? Is he authorized to make this kind of justifications? Is there a violation of RA 9184?

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Re: Justification for late posting of performance bond

Post by regina avelino on Mon May 28, 2012 12:33 pm

As per section 14.1, this is not one of the functions of the BAC secretariat. Resolution of motions for reconsideration is the function of the BAC as per SEction 12.1 (g). Good morning po

regina avelino
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