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Is a 37 days extension for post-qualification legal?

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Is a 37 days extension for post-qualification legal?

Post by alexkindipan@yahoo.com on Fri Oct 12, 2012 11:08 am

My firm participated in a competitive bid last September 5, 2012. The opening of bids was done that day and we were declared the LCB, subject to post-qualification. Within the 3 days required, we submitted the post-qua documents as required in the LCB Notice and expecting that within 7 days thereafter, the post-qua would have been completed and the award made. However, after the 7 days lapsed, the BAC extended, through a resolution, the post-qua period for another 30 days! Is the action of the BAC legal or proper? I read in the IRR of RA 9184 that the BPPB, during extraordinary cases only, can extend the period for post-qua. Is tha BAC justified?

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Re: Is a 37 days extension for post-qualification legal?

Post by elib on Fri Oct 12, 2012 12:01 pm

hi alexkindipan@yahoo.com,

yes, they can extend the post qualification period under exceptional condition and with just cause. however, the irr limits the extension period to a maximum agregate period of not more than 30 days, in which in your case, it is a clear violation of the rules.

please see irr 34.8 .

hope this helps...



cheers...
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Re: Is a 37 days extension for post-qualification legal?

Post by regina avelino on Fri Oct 12, 2012 12:03 pm

section 34.8 states that "in exceptional cases, the post qualification period may be extended by the head of the procuring entity, but in no case shall the AGGREGATE PERIOD EXCEED 30 CALENDAR DAYS. The BAC exceeded by 7 days. After the determination of the lowest calculated and responsive bidder, a recommendation from the BAC to the head of the procuring entity shall proceed. However, if there is no award after the post qualification and the determination of the LCRB section 38.1 of the irr states that "procurement process from the opening of bids up to the award of contract shall not exceed three month, or a shorter period to be determined by the procuring entity concern" and the bid validity should also be checked. Therefore, you must be more particular with the period of award.

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Re: Is a 37 days extension for post-qualification legal?

Post by alexkindipan@yahoo.com on Fri Oct 12, 2012 12:53 pm

Thank you guys for your help. The Contract for which we participated is worth Php 9.6 M. only. Until now, I fail to see any extraordinary circumstance to justify a long period of extension for post-qualification except for an intent to witch hunt for a reason to disqualify us.

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Re: Is a 37 days extension for post-qualification legal?

Post by jcolas on Sun Oct 14, 2012 12:39 am

My firm participated in a competitive bid last September 5, 2012. The opening of bids was done that day and we were declared the LCB, subject to post-qualification. Within the 3 days required, we submitted the post-qua documents as required in the LCB Notice and expecting that within 7 days thereafter, the post-qua would have been completed and the award made. However, after the 7 days lapsed, the BAC extended, through a resolution, the post-qua period for another 30 days! Is the action of the BAC legal or proper? I read in the IRR of RA 9184 that the BPPB, during extraordinary cases only, can extend the period for post-qua. Is tha BAC justified?

Sir Alex, Without prejudice to the provisions of R.A. 3019 and other penal laws, public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years:

1. Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of action provided for in this IRR

2. In addition, the public officer involved shall also suffer the penalty of temporary disqualification from public office and many more... These people can not and should not use their position in order to pressure other people into submission in exchange of monetary interest... Ignorance of the law excuses no one...
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Re: Is a 37 days extension for post-qualification legal?

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