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Procedural Guideline for Negotiated Procurement of Consulting Services Under Section 53.7 of IRR of RA 9184

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Procedural Guideline for Negotiated Procurement of Consulting Services Under Section 53.7 of IRR of RA 9184

Post by juanmarkus on Fri May 23, 2014 9:36 am

Good day!!! I'm looking for procedural guidelines for negotiated procurement of consulting services under Section 53.7 of IRR of RA 9184, to wit:

53.7. Highly Technical Consultants. In the case of individual consultants or
partnerships hired to do work that is (i) highly technical or proprietary; or (ii)
primarily confidential or policy determining, where trust and confidence are the
primary consideration for the hiring of the consultant: Provided, however, That the
term of the individual consultants or partnerships shall, at the most, be on a six
month basis, renewable at the option of the appointing Head of the Procuring Entity,
but in no case shall exceed the term of the latter.(a)

Any inputs will be very much appreciated.

Thank you.

juanmarkus
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Re: Procedural Guideline for Negotiated Procurement of Consulting Services Under Section 53.7 of IRR of RA 9184

Post by regina avelino on Fri May 23, 2014 4:58 pm

the latest provision for section 53.7, as follows:
Highly Technical Consultants. In the case of individual consultants hired to do work that is (i) highly technical or proprietary; or (ii) primarily confidential or policy determining, where trust and confidence are the primary consideration for the hiring of the consultant: Provided, however, That the term of the individual consultants shall, at the most, be on a six month basis, renewable at the option of the appointing Head of the Procuring Entity, but in no case shall exceed the term of the latter.

with regard to your query, eligibility check, under Section 24.7, are not applicable for the procurement of highly technical consultant and the mode to be used will be through negotiations. Notably, Under Sec 53.7 the procuring entity directly negotiates with a consultant of its trust and confidence and/or is known to render highly technical or proprietary consultancy services.

During negotiations as mode of procurement, no bid documents are tendered by any prospective consultant and, therefore, verification, validation or ascertainment of statements made therein may no longer be viable or necessary under the circumstance. This is because, in this case, other than those required to establish expertise or experience in the relevant field, there are no documents to speak of. The eligibility, qualification, appropriate education, training and relevant experience to render the consultancy services are all verified, validated, and ascertained during the negotiations. In other words, the documents required to establish expertise or experience are made subject, not to an eligibility check, but to the negotiations where verification, validation and ascertainment of the same can be made.

Nonetheless, pursuant to Section 8.2.1 of R.A. 9184, posting shall be made with the Philgeps as to the procurement opportunity and results of the awards, for transparency purposes.

regina avelino
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Re: Procedural Guideline for Negotiated Procurement of Consulting Services Under Section 53.7 of IRR of RA 9184

Post by juanmarkus on Tue May 27, 2014 2:31 pm

Thank you Ms. Regina for that informative reply. God bless.

juanmarkus
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Re: Procedural Guideline for Negotiated Procurement of Consulting Services Under Section 53.7 of IRR of RA 9184

Post by arvic on Thu May 29, 2014 7:26 pm

regina avelino wrote:the latest provision for section 53.7, as follows:
Highly Technical Consultants. In the case of individual consultants hired to do work that is (i) highly technical or proprietary; or (ii) primarily confidential or policy determining, where trust and confidence are the primary consideration for the hiring of the consultant: Provided, however, That the term of the individual consultants shall, at the most, be on a six month basis, renewable at the option of the appointing Head of the Procuring Entity, but in no case shall exceed the term of the latter.

with regard to your query, eligibility check, under Section 24.7, are not applicable for the procurement of highly technical consultant and the mode to be used will be through negotiations. Notably, Under Sec 53.7  the procuring entity directly negotiates with a consultant of its trust and confidence and/or is known to render highly technical or proprietary consultancy services.

During negotiations as mode of procurement, no bid documents are tendered by any prospective consultant and, therefore, verification, validation or ascertainment of statements made therein may no longer be viable or necessary under the circumstance. This is because, in this case, other than those required to establish expertise or experience in the relevant field, there are no documents to speak of. The eligibility, qualification, appropriate education, training and relevant experience to render the consultancy services are all verified, validated, and ascertained during the negotiations. In other words, the documents required to establish expertise or experience are made subject, not to an eligibility check, but to the negotiations where verification, validation and ascertainment of the same can be made.

Nonetheless, pursuant to Section 8.2.1  of R.A. 9184, posting shall be made with the Philgeps as to the procurement opportunity and results of the awards, for transparency purposes.

Refer to Sections 54.2 and 54.3 of the Revised IRR of RA 9184 on the requirement for posting for Alternative Methods of procurement.

The posting of the Notice of Award may suffice in the case of Highly Technical Consultants.

arvic
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Re: Procedural Guideline for Negotiated Procurement of Consulting Services Under Section 53.7 of IRR of RA 9184

Post by juanmarkus on Fri May 30, 2014 11:16 am

Thank you for that info, Arvic.
How about the legal basis/bases of hiring Consultants? What document/s can we check to verify if hiring Consultants has legal basis/bases?
Thanks a lot.

juanmarkus
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Re: Procedural Guideline for Negotiated Procurement of Consulting Services Under Section 53.7 of IRR of RA 9184

Post by regina avelino on Tue Jun 03, 2014 5:33 pm

before resorting to hiring of individual consultant, conditions under section 53.7 must be met, thus the legal basis. section 54.2 andn 54.3 are some of the terms and conditions for the use of alternative methods such as hiring of individual consultants. please see my previous post above.

regina avelino
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Re: Procedural Guideline for Negotiated Procurement of Consulting Services Under Section 53.7 of IRR of RA 9184

Post by juanmarkus on Tue Jun 03, 2014 5:50 pm

Thanks again Ms. Regina. However, I'm thinking, aside from Section 53.7 of IRR, are there other laws/regulations/documents which will support the legality of procuring consultancy services by the Agency? Can I check it against the Annual Procurement Plan? Aside from the APP, what other documents can I ask or check to verify the legality of the foregoing? Thank you.

juanmarkus
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Re: Procedural Guideline for Negotiated Procurement of Consulting Services Under Section 53.7 of IRR of RA 9184

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