Appendix 7 Revised IRR Inquiry (Implementing Guidelines for Lease of Privately-Owned Real Estate & Venue)

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Appendix 7 Revised IRR Inquiry (Implementing Guidelines for Lease of Privately-Owned Real Estate & Venue)

Post by depedrox on Thu May 15, 2014 5:22 pm

Good afternoon!

We would just like to inquire if Section 5.7 of Appendix 7, Revised IRR of RA 9184 was amended or in any way changed.  Section 5.7 provides that:

"All lease contracts with ABCs costing more than Fifty Thousand Pesos (Php 50,000.00) shall be posted in the Philippine Government Electronic Procurement System."

We're asking because when we tried to post in Philgeps (our purchase request is lease of venue with ABC more than 50,000.00) and clicked on the drop down list for the entry "Procurement Mode" - the option "Negotiated Procurement - Lease of Real Property" is no longer available.  Does this mean that lease of venue with ABC more than P50,000.00 need no longer be posted?

However, the option "Negotiated Procurement - Lease of Real Property" can be found under "AMP Award Creation Notice".  So do we just award all lease of RP/venue with ABC over P50T without posting them.  How do we reconcile this with Section 5.7, Appendix 7 which requires posting?

Thank you very much.

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Re: Appendix 7 Revised IRR Inquiry (Implementing Guidelines for Lease of Privately-Owned Real Estate & Venue)

Post by Jay De Why on Tue Nov 04, 2014 9:10 am

Hi, additional Querry.
In Item 5.1 Procedural requirements.
" the enduser unit shall conduct q Cost Benefit Anaysis to assess the feasibility of leasing a privately- owned real estate or venue as against purchasing or leasing from a government-owned real estate or venue".
How about Cost benefit on leasing against purchasing or building? What if the proposed lease cost is bigger than the actual cost if the building will be bought or build?
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Re: Appendix 7 Revised IRR Inquiry (Implementing Guidelines for Lease of Privately-Owned Real Estate & Venue)

Post by engrjhez® on Tue Nov 04, 2014 9:42 am

depedrox wrote:Good afternoon!

We would just like to inquire if Section 5.7 of Appendix 7, Revised IRR of RA 9184 was amended or in any way changed.  Section 5.7 provides that:

"All lease contracts with ABCs costing more than Fifty Thousand Pesos (Php 50,000.00) shall be posted in the Philippine Government Electronic Procurement System."

We're asking because when we tried to post in Philgeps (our purchase request is lease of venue with ABC more than 50,000.00) and clicked on the drop down list for the entry "Procurement Mode" - the option "Negotiated Procurement - Lease of Real Property" is no longer available.  Does this mean that lease of venue with ABC more than P50,000.00 need no longer be posted?

However, the option "Negotiated Procurement - Lease of Real Property" can be found under "AMP Award Creation Notice".  So do we just award all lease of RP/venue with ABC over P50T without posting them.  How do we reconcile this with Section 5.7, Appendix 7 which requires posting?

Thank you very much.

Hi depedrox.

You don't need to reconcile things because there are no inconsistencies. Posting here has two meanings: (1) advertisement and (2) notice of award. The first is not applicable. I suggest you follow the posting in "Create AMP" under Award Notices. But if you wan to know more of the legal basis, I suggest you read Section 54.2 in relation to Section 54.3 of the Revised IRR.

Following the legal construction of Clause 5.7 above that "the express mention of one thing excludes all others.", if posting is specifically required for those exceeding P50,000.00, it excludes those amounting to P50,000 and below. Smile
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Re: Appendix 7 Revised IRR Inquiry (Implementing Guidelines for Lease of Privately-Owned Real Estate & Venue)

Post by engrjhez® on Tue Nov 04, 2014 9:53 am

Jay De Why wrote:Hi, additional Querry.
In Item 5.1 Procedural requirements.
" the enduser unit shall conduct q Cost Benefit Anaysis to assess the feasibility of leasing a privately- owned real estate or venue as against purchasing or leasing from a government-owned real estate or venue".
How about Cost benefit on leasing against purchasing or building? What if the proposed lease cost is bigger than the actual cost if the building will be bought or build?

Then the procuring entity must decide whether to lease or to purchase.

Take note that Clause 5.1 above only tells us that if we are leasing properties, consider (or prefer) leasing from a government-owned property over a privately-owned one. Smile
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Re: Appendix 7 Revised IRR Inquiry (Implementing Guidelines for Lease of Privately-Owned Real Estate & Venue)

Post by Jay De Why on Tue Nov 04, 2014 11:50 am

OO nga po. I was thinking " Purchasing/(building) OR leasing from Govt. owned
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Re: Appendix 7 Revised IRR Inquiry (Implementing Guidelines for Lease of Privately-Owned Real Estate & Venue)

Post by Jay De Why on Sun Nov 09, 2014 8:50 am

How about the length of lease? Does the end user need to justify the length of lease.
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Re: Appendix 7 Revised IRR Inquiry (Implementing Guidelines for Lease of Privately-Owned Real Estate & Venue)

Post by Jay De Why on Sat Dec 20, 2014 6:10 pm

Are you violating the RA9184 if you did not post the draft of contract with the RFQ? It says prepare the draft contract and tech specs but did not specifically said to post both.
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Re: Appendix 7 Revised IRR Inquiry (Implementing Guidelines for Lease of Privately-Owned Real Estate & Venue)

Post by Jay De Why on Sat Dec 20, 2014 6:13 pm

Are you violating the RA9184 if you did not post the draft of contract with the RFQ? It says prepare the draft contract and tech specs but did not specifically said to post both.
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Re: Appendix 7 Revised IRR Inquiry (Implementing Guidelines for Lease of Privately-Owned Real Estate & Venue)

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