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Sale of Bidding Documents, Request for Refund

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Sale of Bidding Documents, Request for Refund

Post by TalnaPj on Mon Aug 05, 2013 6:37 pm

Good day, sirs & mesdames!

Our agency encountered an issue relative to the issuance of GPPB resolution No. 04-2012 - Approving and Adopting the Guidelines on the Sale of Bidding Documents.

Facts:

Prior to the issuance of the aforementioned Resolution, our agency's BAC has been implementing its own standard rates for the sale of bidding documents, i.e., at least 1/10 of 1% of the Approved Budget for the Contract (ABC). The same rates have been imposed by the BAC in its subsequent bidding activities even after the issuance of the subject Resolution, which the bidders complied accordingly.

Just recently, however, one bidder of a previous biding activity submitted with the BAC a letter requesting for a refund of the the amount of the allegedly excess of the bidding fees collected by the BAC pursuant to the standard rates prescribed under the GPPB Resolution 04-2012.

In response thereto, the BAC reasoned out that, the bidding fees charged by the BAC for the bidding document has been the standard rates being imposed by the agency for the past couple of years. Likewise, despite the non-imposition of the new rates, as provided in the Resolution, the said rates are still reasonable, conscionable and just and in fact still insufficient to cover the costs for the posting requirements (in the newspaper) and other administrative costs.

Issue/s:

1. Whether or not the bidder is entitled to refund of the amount purported to be the excess of the bidding fee collected by the BAC.

2. Whether or not the BAC's argument/s is/are correct.

Thank you.
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TalnaPj
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Re: Sale of Bidding Documents, Request for Refund

Post by Jovinal on Mon Aug 05, 2013 9:40 pm

yes per section 4.5. of GPPB Resolution No. 04-2012 " Procuring entities are proscribed to adopt any internal rule or practice that establish fees that are inconsistent or beyond the standard rate for the sale of bidding documents set forth in these guidelines.
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