Implementation of Revised IRR

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Implementation of Revised IRR

Post by firstlady_5167 on Mon Aug 17, 2009 11:04 am

good morning to all. . . Very Happy Just want to know if we can implement the revised IRR before September 02 ?
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Re: Implementation of Revised IRR

Post by engrjhez® on Tue Aug 18, 2009 12:12 am

firstlady_5167 wrote:good morning to all. . . Very Happy Just want to know if we can implement the revised IRR before September 02 ?
I think I have answered this question on this link.
Very Happy
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Re: Implementation of Revised IRR

Post by RDV @ GP3i on Tue Aug 18, 2009 7:11 am

firstlady_5167 wrote:good morning to all. . . Very Happy Just want to know if we can implement the revised IRR before September 02 ?

Definitely NOT. It is not yet effective, so it has no force and effect yet.
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Re: Implementation of Revised IRR

Post by engrjhez® on Tue Aug 18, 2009 9:31 am

RDV wrote:
firstlady_5167 wrote:good morning to all. . . Very Happy Just want to know if we can implement the revised IRR before September 02 ?

Definitely NOT. It is not yet effective, so it has no force and effect yet.

May I know the spirit behind the clause "...may continue adopting... the IRR part A...'. To me, it seems like the use of the old IRR is only an alternative (the way I read the lines). Is it the release of standard forms and PBDs that inhibits? Smile
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Re: Implementation of Revised IRR

Post by RDV @ GP3i on Tue Aug 18, 2009 10:38 am

engrjhez wrote:
RDV wrote:
firstlady_5167 wrote:good morning to all. . . Very Happy Just want to know if we can implement the revised IRR before September 02 ?

Definitely NOT. It is not yet effective, so it has no force and effect yet.

May I know the spirit behind the clause "...may continue adopting... the IRR part A...'. To me, it seems like the use of the old IRR is only an alternative (the way I read the lines). Is it the release of standard forms and PBDs that inhibits? Smile

May I know, engrjhez, where did you read that particular clause? Is it in the revised IRR? If yes, may I know what particular section.

Were you referring to this particular sub-section in Section 77, Transitory Clause, of the revised IRR?:

"77.2. In cases where the advertisements or invitations for bids were issued before the effectivity of this IRR, Procuring Entities may continue adopting the procurement procedures, rules, and regulations provided in the IRR Part A or other applicable laws, as the case may be."

If, for example, the advertisement was done today (therefore, the rules under IRR-A are still applicable), but award of contract will be after the effectivity of the revised IRR, the procuring entity may continue adopting the rules under IRR-A, with respect to the award of the contract.

In the posting of the Performance Security and warranty security, for example, the old rate may still be applied by the procuring entity.
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Re: Implementation of Revised IRR

Post by engrjhez® on Tue Aug 18, 2009 2:58 pm

RDV wrote:
May I know, engrjhez, where did you read that particular clause? Is it in the revised IRR? If yes, may I know what particular section.

Were you referring to this particular sub-section in Section 77, Transitory Clause, of the revised IRR?:

"77.2. In cases where the advertisements or invitations for bids were issued before the effectivity of this IRR, Procuring Entities may continue adopting the procurement procedures, rules, and regulations provided in the IRR Part A or other applicable laws, as the case may be."

If, for example, the advertisement was done today (therefore, the rules under IRR-A are still applicable), but award of contract will be after the effectivity of the revised IRR, the procuring entity may continue adopting the rules under IRR-A, with respect to the award of the contract.

In the posting of the Performance Security and warranty security, for example, the old rate may still be applied by the procuring entity.

Yes. I am referring to the Transitory Clause of the revised IRR (Section 77.2). I have no objection to the ruling that, when an advertisement was made inside the "transition period" (i.e. after July 22 until September 02), and that the bidding documents were made in such a way they were harmonized in the old IRR, then all rules definitely pertain to the old IRR.

But looking in the way it was written, it seems to me that when a posting/advertisement was done before Sept.02 all consequential events and all that referred to the old IRR shall remain as is, but the use of the new IRR is prevalent as the term "may" is a weak imposition. If it is to be "interpreted" as you explained, and Sept.02 is absolutely the effectivity date, then the Transitory Clause should have been re-worded as follows :

77.2. In cases where the advertisements or invitations for bids were issued before the effectivity of this IRR, Procuring Entities may shall continue adopting the procurement procedures, rules, and regulations provided in the IRR Part A[/u] or other applicable laws, as the case may be.

Please correct my understanding on this. Very Happy
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Re: Implementation of Revised IRR

Post by RDV @ GP3i on Tue Aug 18, 2009 4:20 pm

engrjhez wrote:
RDV wrote:
May I know, engrjhez, where did you read that particular clause? Is it in the revised IRR? If yes, may I know what particular section.

Were you referring to this particular sub-section in Section 77, Transitory Clause, of the revised IRR?:

"77.2. In cases where the advertisements or invitations for bids were issued before the effectivity of this IRR, Procuring Entities may continue adopting the procurement procedures, rules, and regulations provided in the IRR Part A or other applicable laws, as the case may be."

If, for example, the advertisement was done today (therefore, the rules under IRR-A are still applicable), but award of contract will be after the effectivity of the revised IRR, the procuring entity may continue adopting the rules under IRR-A, with respect to the award of the contract.

In the posting of the Performance Security and warranty security, for example, the old rate may still be applied by the procuring entity.

Yes. I am referring to the Transitory Clause of the revised IRR (Section 77.2). I have no objection to the ruling that, when an advertisement was made inside the "transition period" (i.e. after July 22 until September 02), and that the bidding documents were made in such a way they were harmonized in the old IRR, then all rules definitely pertain to the old IRR.

But looking in the way it was written, it seems to me that when a posting/advertisement was done before Sept.02 all consequential events and all that referred to the old IRR shall remain as is, but the use of the new IRR is prevalent as the term "may" is a weak imposition. If it is to be "interpreted" as you explained, and Sept.02 is absolutely the effectivity date, then the Transitory Clause should have been re-worded as follows :

77.2. In cases where the advertisements or invitations for bids were issued before the effectivity of this IRR, Procuring Entities may shall continue adopting the procurement procedures, rules, and regulations provided in the IRR Part A[/u] or other applicable laws, as the case may be.

Please correct my understanding on this. Very Happy

I don't think the transitory provision pertains to the period between July 22 (approval by the GPPB) and Sept 2 (effectivity of the revised IRR). The transitory provision pertains to a procurement activity prior to September 2 (starting with advertisement and posting), but would extend beyond September 2.

My reading of the provision is that, in cases like that, the procuring entity, for the continuing activities extending beyond September 2, has the option to conduct the same using the rules under IRR-A or adopt the new rules under the revised IRR. This option should not, however, be used when changing the rules (from IRR-A to the revised IRR) would disadvantage a bidder or some bidders against the others. However, if nobody would be disadvantaged with adopting the new rules, the provision says that the procuring entity may adopt the same.

I mentioned as an example, in my earlier reply above, that in the posting of the performance and warranty security by the winning bidder, the new rule may already be applied, provided that the said winning bidder is amenable.

That is just my take of the transitory provision.
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Re: Implementation of Revised IRR

Post by lgusjom on Wed Sep 23, 2009 12:52 pm

Kailangan pa ba na meron memo circular from DBM, DILG, COA or any other government agency bago maging effective ang revised IRR ng RA 9184 sa mga LGU's? or the latest GPPB resolution suffecient enough?
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Re: Implementation of Revised IRR

Post by RDV @ GP3i on Wed Sep 23, 2009 5:21 pm

lgusjom wrote:Kailangan pa ba na meron memo circular from DBM, DILG, COA or any other government agency bago maging effective ang revised IRR ng RA 9184 sa mga LGU's? or the latest GPPB resolution suffecient enough?

The publication in the Official Gazette on August 3, 2009 is already sufficient.

Sec. 78 (Effectivity Clause) of the revised IRR provides that said IRR will take effect 30 calendar days after its publication in the Official Gazette...Hence, it is already effective as of September 2, 2009.
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Re: Implementation of Revised IRR

Post by venom.0420 on Wed Sep 23, 2009 5:37 pm

Sir RDV and to all,

Would it be possible for the BAC to issue a resolution to implement the new IRR on a future date beyond Sept. 2? For reasons like amending the BID Docs, meeting with suppliers, updating the BAC Members, Secretariat and End Users?
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Re: Implementation of Revised IRR

Post by amang'65 on Wed Sep 23, 2009 7:28 pm

venom.0420 wrote:Sir RDV and to all,

Would it be possible for the BAC to issue a resolution to implement the new IRR on a future date beyond Sept. 2? For reasons like amending the BID Docs, meeting with suppliers, updating the BAC Members, Secretariat and End Users?


In our case here at our office, for purposes of information among others, like, end-users, project implementers, division heads, our head of office issued a memorandum that a new IRR for RA9184 has been approved and is effective as of SEpt. 2, 2009, hence, every concerned staff are obliged to be guided accordingly and shall implement such law.
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Re: Implementation of Revised IRR

Post by Guest on Wed Oct 21, 2009 4:09 pm

venom.0420 wrote:Sir RDV and to all,

Would it be possible for the BAC to issue a resolution to implement the new IRR on a future date beyond Sept. 2? For reasons like amending the BID Docs, meeting with suppliers, updating the BAC Members, Secretariat and End Users?

To determine what implementing rules and regulations to use, we must first determine what is the date of the advertisement of the Invitation to Bid (ITB).

If the ITB was issued before Sept 2 2009 = IRR-A

If the ITB was issued within the period in the transitory clause (procurement proceedings falling Before and After implementation of IRR)= IRR-A/IRR on the option of the Procurement Entity (if using the IRR would inturrupt or delay the procurement proceedings use IRR-A. Just to be safe it is best to use the IRR-A for those ITB issued before Sept. 2, 2009 rather than using the IRR)

If the ITB was issued on of after Sept. 2, 2009 = IRR

@lgusjom
Di kailangan ng memo circular from DBM, DILG, COA or any other government agency bago maging effective ang revised IRR ng RA 9184. Sir RDV is correct na sufficient na ung publication sa Official Gazette .

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Re: Implementation of Revised IRR

Post by engrjhez® on Wed Oct 21, 2009 8:08 pm

venom.0420 wrote:
Would it be possible for the BAC to issue a resolution to implement the new IRR on a future date beyond Sept. 2? For reasons like amending the BID Docs, meeting with suppliers, updating the BAC Members, Secretariat and End Users?

By issuing a resolution to delay the implementation of the Revised IRR, we are challenging the Procurement Law itself. Informed or not, the Revised IRR should be self-sufficient and self-implementing. As with any other violative acts, we shall be liable of circumventing the prevailing process without prejudice. Very Happy
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Re: Implementation of Revised IRR

Post by sunriser431 on Wed Oct 21, 2009 10:47 pm

RDV wrote:
lgusjom wrote:Kailangan pa ba na meron memo circular from DBM, DILG, COA or any other government agency bago maging effective ang revised IRR ng RA 9184 sa mga LGU's? or the latest GPPB resolution suffecient enough?

The publication in the Official Gazette on August 3, 2009 is already sufficient.

Sec. 78 (Effectivity Clause) of the revised IRR provides that said IRR will take effect 30 calendar days after its publication in the Official Gazette...Hence, it is already effective as of September 2, 2009.
I think this official Gazette refers to the National Printing Office, I for one waiting for the publication in newspaper of general nationwide circulation, and I lost track of it, not sure if this was already publish.
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Re: Implementation of Revised IRR

Post by Guest on Thu Oct 22, 2009 10:02 am

Literally Official Gazette (OG) is the Official Newspaper. Primarily all laws are published in the OG, so publication via OG is sufficient enough for its effectivity.

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