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Post by shark on Thu Sep 12, 2013 4:47 pm

Good Day!

We conducted a public bidding last May 21, 2013. The BAC were able to determine the lowest calculated bidders and issue a resolution for the award of items.

Because of the absence of the Mayor, the documents were transfered to the office of the OIC-Mayor. The OIC-Mayor has some other documents to be signed that time thus making our documents pending, again.

our expediter was transferred to the other office and the abovementioned documents were not turned over and no updates were given to us.

It was only this week that the documents were handed to us and the resolution was still not signed by the OIC-Mayor.

Would it still be okay to continue the processing of the documents knowing we have had a a new Mayor now and the public bidding was held last May 21, 2013? or we will just issue another Resolution with the approval of the new Mayor?

what is the best remedy to this matter?

need your comments and suggestions.

thank you.
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Post by regina avelino on Fri Sep 13, 2013 2:51 pm

under section 38.1, " The procurement process from the opening of bids up to the award of contract shall not exceed three (3) months, or a shorter period to be determined by the procuring entity concerned". The non-issuance of the NOA within the 3 month period as a general rule, will make the procurement illegal and void. However, the NOA and the awarding of the contract may be made beyond the 3 month period for as long as there are legal, valid, reasonable and justifiable causes to allow the same beyond the prescribed periods. Your HOPE even if he's just a newly elected must have the legal, valid, reasonable and justifiable cause for not acting on it.

Watch out if the bidder calls out section 38.3, "38.3. 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: Provided, however, That where further approval by the Office of the President is required, the contract shall not be deemed approved unless and until the Office of the President gives actual approval to the contract concerned."

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