Draft IRR (Definition of Terms)

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Draft IRR (Definition of Terms) Empty Draft IRR (Definition of Terms)

Post by RDV @ GP3i on Mon Feb 23, 2009 4:24 pm

I will start posting my comments on the draft IRR and hope that our comments can be of help in the finalization of the IRR.

In the Definition of Terms (Sec. 5):

Approved Budget for the Contract. I suggest that the definition should already include the updated definition of ABC insofar as NGAs are concerned (GPPB Resolution No. 011-2005)

Bidding Documents. The definition should be made clearer by referring not only to “documents issued by the procuring entity” but more specifically to the Philippine Bidding Documents issued by the GPPB, consistent with Sec. 17.1 of IRR-A. As of now, there are still procuring entities which are still using their own developed bidding documents.

Competitive Bidding. Since the definition is by itemization of the process involved in competitive bidding, “pre-procurement conference (if necessary)”, and pre-bid conference, which should also contain “(if necessary)”, should be included also.

Estimated contract cost. The definition consists only of "direct and indirect costs". Where will the contractor’s profit be included? If it will not be included, then the estimated contract cost will still be understated.

Executive Agreement, International Agreement, and Treaties. I noticed that the definition was lifted from the Supreme Court decision in Abaya vs. Ebdane (G.R. 167919) http://sc.judiciary.gov.ph/jurisprudence/2007/feb2007/167919.htm#_ftnref64 , as follows:

"a) International agreement – shall refer to a contract or understanding, regardless of nomenclature, entered into between the Philippines and another government in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments.

b) Treaties – international agreements entered into by the Philippines which require legislative concurrence after executive ratification. This term may include compacts like conventions, declarations, covenants and acts.

c) Executive agreements – similar to treaties except that they do not require legislative concurrence."


In the draft IRR's definition of International Agreement, however, the phrase “or international financing institution” is inserted after "another government." It seems we are adding agreements with IFIs into the definition, which is not in the Supreme Court definition, unless it is included under international law.
RDV @ GP3i
RDV @ GP3i
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