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Can the HOPE disapprove a "vetoed" Resolution of Award?

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Can the HOPE disapprove a "vetoed" Resolution of Award?

Post by engrjhez® on Tue Aug 11, 2009 7:38 pm

Consider the topic on this link.

If for a valid and justifiable cause (Sec.41) the HOPE realized that the "inupuang" BAC Reso. Recomm. Award, which was already deemed approved after exceeding the period described in the new IRR (maximum 15 days), should be DISAPPROVED, can he/she still retract the "veto", and reverse the approval?? geek
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Re: Can the HOPE disapprove a "vetoed" Resolution of Award?

Post by RDV @ GP3i on Wed Aug 12, 2009 2:33 pm

engrjhez wrote:
Consider the topic on this link.

If for a valid and justifiable cause (Sec.41) the HOPE realized that the "inupuang" BAC Reso. Recomm. Award, which was already deemed approved after exceeding the period described in the new IRR (maximum 15 days), should be DISAPPROVED, can he/she still retract the "veto", and reverse the approval?? geek

Let me clarify that what is deemed approve (as I have clarified in the topic you put a link to) is the signed contract if it is subject to further approval by higher authority.

In the case of BAC Resolution recommending award, there is no such provision in the revised IRR (or in IRR-A) that it is deemed approved if the HOPE does not approve the BAC recommendation within seven (7) calendar days from receipt (Sec. 37.1.2). If the HOPE takes more than 7 c.d. to approve or disapprove the BAC recommendation, he could be held responsible for his inaction/delayed action under the law, but the recommendation is still not deemed approved.

The provision on Sec. 38.2, that: "If no action on the contract is taken by the Head of the Procuring Entity or the appropriate approving authority within the periods specified in this IRR, the contract concerned shall be deemed approved" refers to a situation where there was already an award of contract (based on BAC resolution for award) and that contract has been signed by the contracting parties, but the contract needs further approval by a higher authority. If the higher authority (which may be the HOPE in this case) does not approve the contract within the time frame provided by the IRR, under that provision, that contract is deemed approved.
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Re: Can the HOPE disapprove a "vetoed" Resolution of Award?

Post by engrjhez® on Wed Aug 12, 2009 8:08 pm

Ok. That clarified the "deemed approved" thing. Thanks. cheers
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Re: Can the HOPE disapprove a "vetoed" Resolution of Award?

Post by riddler on Thu Aug 13, 2009 10:07 am

RDV wrote:
engrjhez wrote:
Consider the topic on this link.

If for a valid and justifiable cause (Sec.41) the HOPE realized that the "inupuang" BAC Reso. Recomm. Award, which was already deemed approved after exceeding the period described in the new IRR (maximum 15 days), should be DISAPPROVED, can he/she still retract the "veto", and reverse the approval?? geek

Let me clarify that what is deemed approve (as I have clarified in the topic you put a link to) is the signed contract if it is subject to further approval by higher authority.

In the case of BAC Resolution recommending award, there is no such provision in the revised IRR (or in IRR-A) that it is deemed approved if the HOPE does not approve the BAC recommendation within seven (7) calendar days from receipt (Sec. 37.1.2). If the HOPE takes more than 7 c.d. to approve or disapprove the BAC recommendation, he could be held responsible for his inaction/delayed action under the law, but the recommendation is still not deemed approved.

The provision on Sec. 38.2, that: "If no action on the contract is taken by the Head of the Procuring Entity or the appropriate approving authority within the periods specified in this IRR, the contract concerned shall be deemed approved" refers to a situation where there was already an award of contract (based on BAC resolution for award) and that contract has been signed by the contracting parties, but the contract needs further approval by a higher authority. If the higher authority (which may be the HOPE in this case) does not approve the contract within the time frame provided by the IRR, under that provision, that contract is deemed approved.

Thanks for the clarification on the provisions of 38.2 RDV.. As to Sec. 37.1.2, the GPPB should have amended some portion/s of this section in such a way that, 'IF the HOPE(Higher Authority) do not make an action on the BAC Resolution, it is already considered approve, para mabilis yung proseso at mabawasan konti yung discretion ng HOPE.
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Re: Can the HOPE disapprove a "vetoed" Resolution of Award?

Post by RDV @ GP3i on Sun Aug 16, 2009 2:09 pm

ruel wrote:Thanks for the clarification on the provisions of 38.2 RDV.. As to Sec. 37.1.2, the GPPB should have amended some portion/s of this section in such a way that, 'IF the HOPE(Higher Authority) do not make an action on the BAC Resolution, it is already considered approve, para mabilis yung proseso at mabawasan konti yung discretion ng HOPE.

You are welcome, engr. ruel.

I would not agree, however, to the proposition that BAC Resolution for award, if not acted upon by the HOPE within the required period, should also be "deemed approved". I think, the danger there is it could be abused by the HOPE himself.

The HOPE may just let a BAC recommendation lapse into authomatic approval despite the knowledge that the BAC recommendation for award is already tainted or questionable. An inaction may be resorted to by the HOPE (which would mean there would still be discretion on his part) with more regularity and get away with it, particularly if his inaction will go the way of a favored bidder.

To speed up the process, the law has set the deadline for action by the HOPE, and failing to act on it, without justifiable cause, would make him liable under Sec. 65.1(2) of IRR-A. I would give much more weight to accountability than to speed.
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