Draft IRR (Contract Signing and Approval)

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Draft IRR (Contract Signing and Approval) Empty Draft IRR (Contract Signing and Approval)

Post by RDV @ GP3i on Mon Feb 23, 2009 9:47 pm

I suggest that we include under Sec. 37.3 (Contract Signing) and Sec. 37.4 (Approval of Contract) a situation where the contract is signed by an official lower in rank than the HOPE, but subject still to the approval of the HOPE. The situation under Sec. 37.4 pertains to "further approval of higher authority" (than the HOPE, I suppose).

The current provisions are a bit confusing specially with the following provisions of Sec. 38.2:

"38.2. If no action on the contract is taken by the head of the procuring entity within the periods specified in Section 37.4 of 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."

It refers to an inaction by the HOPE within the period specified in Sec. 37.4, otherwise the contract concerned in deemed approve. But Sec. 37.4 refers to contract approval by "higher authority" not specifically the HOPE.

If Sec. 38.2 is really referring to the "higher authority", then it should be used as the term rather than "the head of the procuring entity" to avoid further confusion.
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Post by engrjhez® on Mon Feb 23, 2009 10:44 pm

In the way I read between the lines, the law is cautiously defining the HOPE very differently from the "higher authority". The latter is definitely "higher" at some respects as compared to the HOPE (such as in cases of infra with ABC above 50M?)

But I must disagree in including prior approval of lower ranking official than the HOPE. I believe we should gear up in simplifying the system (as the merging to one IRR is being developed) rather than introducing another step or approval level in-between.
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Post by RDV @ GP3i on Tue Feb 24, 2009 4:14 pm

RDV wrote:I suggest that we include under Sec. 37.3 (Contract Signing) and Sec. 37.4 (Approval of Contract) a situation where the contract is signed by an official lower in rank than the HOPE, but subject still to the approval of the HOPE. The situation under Sec. 37.4 pertains to "further approval of higher authority" (than the HOPE, I suppose).

I did not say approval an official lower in rank than that of the HOPE, but signing of the contract by a lower ranking official together with the winning bidder, to be approved further by the HOPE. That is the situation I am thinking about. I am not introducing another level, but incorporating real situations.

Of course, there is no problem if the lower ranking official approved the contract, in behalf of the HOPE, if he has been authorized (delegated authority), because that is already captured in our existing guidelines.

At any rate, that is just my thought.
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