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Tax Clearance

Post by bicatneciv on Mon Oct 26, 2015 2:04 pm

Good day!

If in case the bidder's tax clearance shall expire before the opening of bids, can the BAC accept the old tax clearance plus the receipt for its renewal?

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Re: Tax Clearance

Post by ikuz23 on Tue Oct 27, 2015 12:08 pm

bicatneciv wrote:Good day!

If in case the bidder's tax clearance shall expire before the opening of bids, can the BAC accept the old tax clearance plus the receipt for its renewal?

Good day,

one of the powers granted to the BAC under Section 12 of RA 9184 and its IRR is to determine the eligibility of prospective bidders. Such determination is conducted using non-discretionary "pass/fail" criterion wherein the BAC merely checks whether a particular requirement is present, missing, incomplete, or patently insufficient which makes the process very simple and efficient.

if the bidders tax clearance submitted during the opening of bids, the bidder is disqualified for such. receipts or any other documents in exchange are not acceptable.

participating bidders must comply all the legal, technical and financial requirements of the bid as this is within the purview of its mandated functions under the law and the rules.

** just an info: exceptions
only for mayor's / business permit during the start of the year:

CIRCULAR 01-2015
30 January 2015

TO : Heads of Departments, Bureaus, Offices and Agencies of the National Government including State Universities and Colleges, Government Owned and/or Controlled Corporations, Government Financial Institutions, and Local Government Units

SUBJECT : Acceptability of the recently expired Mayor’s Permit, together with the Official Receipt for renewal, as legal eligibility requirement

1.0 Section 23.1 and 24.1 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 mandates the submission of a Mayor’s/Business Permit issued by the city or municipality where the principal place of business of the prospective bidder is located.

2.0 Section 167 of the Local Government Code of the Philippines provides that all local taxes, fees and charges shall be paid within the first 20 days of January, or of each subsequent quarter as the case may be. Within the same period, the business registration is also renewed.

3.0 Section 18, Book VII of the Administrative Code of 1987 provides that where the licensee has made timely and sufficient application for the renewal of a license with reference to any activity of a continuing nature, the existing license shall not expire until the application shall have been finally determined by the agency.

4.0 To enhance competition and facilitate the procurement process, all government agencies are hereby mandated to allow and accept the submission of the bidder’s recently expired Mayor’s Permit and the Official Receipt as proof that the bidder has applied and paid for the renewal of the permit within the prescribed period; Provided that, the current and valid Mayor’s Permit, as renewed, will be submitted or presented by the bidder with the Lowest Calculated and Responsive Bid or Highest Rated and Responsive Bid as a condition to the award of contract.

5.0 This Circular shall take effect immediately.

6.0 For guidance and compliance.

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