Draft IRR (Waiving of Posting Period)

Go down

Draft IRR (Waiving of Posting Period)

Post by RDV @ GP3i on Mon Feb 23, 2009 10:25 pm

The draft IRR contains the following provision:

"48.4. For alternative methods of procurement, advertisement in a newspaper may be dispensed with: Provided, however, That posting shall be made in the website of the procuring entity concerned, if available, the PHILGEPS, and posted at any conspicuous place reserved for this purpose in the premises of the procuring entity concerned, as certified by the head of the BAC Secretariat of the procuring entity concerned, for a period of seven (7) calendar days.

However, the foregoing period for posting may be waived in the following cases:

Procurement using the alternative method of Shopping when there is an unforeseen contingency requiring immediate purchase; or

Procurement using the alternative method of Negotiated Procurement, in cases when:

There is imminent danger to life and property;

Time is of the essence arising from actual or man-made calamities or other causes, where immediate action is necessary to prevent damage to, or loss of, life or property; or

To restore vital public services, infrastructure facilities and other public utilities.
"

My question is this. Can the underlined phrase be also interpreted to mean that the 7-day posting period may be entirely waived by the procuring entity in cases falling under Sec. 52.a and Sec. 53.b, or does it mean that it can only be shortened to maybe one day only, but not entirely waived?
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Draft IRR (Waiving of Posting Period)

Post by engrjhez® on Mon Feb 23, 2009 11:10 pm

The statement

However, the foregoing period for posting may be waived in the following cases:

specifically pertains to the reduction of posting period. If not, the statement should be:

However, posting may be waived in the following cases:

where the law speaks in a very straightforward manner (but is not stated that way). Very Happy

[Comment: do you think the ...period... should grammatically be ...periods...?] cheers
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2485
Age : 40
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : City Administrator's Office / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Draft IRR (Waiving of Posting Period)

Post by RDV @ GP3i on Tue Feb 24, 2009 3:48 pm

engrjhez wrote:The statement

However, the foregoing period for posting may be waived in the following cases:

specifically pertains to the reduction of posting period. If not, the statement should be:

However, posting may be waived in the following cases:

where the law speaks in a very straightforward manner (but is not stated that way). Very Happy
That is also our current interpretation, but what will prevent any procuring entity from waiving the entire period of posting (which is equivalent to not posting at all)?

engrjhez wrote:[Comment: do you think the ...period... should grammatically be ...periods...?] cheers
What do you think? Twisted Evil
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Draft IRR (Waiving of Posting Period)

Post by engrjhez® on Wed Feb 25, 2009 11:09 pm

Shocked Hmmn. None that matters anyway. lol!
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2485
Age : 40
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : City Administrator's Office / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Draft IRR (Waiving of Posting Period)

Post by tesrafols on Thu Feb 26, 2009 10:36 pm

My question, is it allowed to reduce the "posting period" to one day?

tesrafols
New Member
New Member

Female Number of posts : 1
Company/Agency : Office 0f the Ombudsman
Occupation/Designation : Head, BAC Secretariat
Registration date : 2009-02-26

Back to top Go down

Re: Draft IRR (Waiving of Posting Period)

Post by engrjhez® on Thu Feb 26, 2009 10:53 pm

RDV wrote:
Procurement using the alternative method of Shopping when there is an unforeseen contingency requiring immediate purchase; or

Procurement using the alternative method of Negotiated Procurement, in cases when:

There is imminent danger to life and property;

Time is of the essence arising from actual or man-made calamities or other causes, where immediate action is necessary to prevent damage to, or loss of, life or property; or

To restore vital public services, infrastructure facilities and other public utilities.[/i]"

At any of the above conditions, YES it is allowed. Very Happy
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2485
Age : 40
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : City Administrator's Office / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Draft IRR (Waiving of Posting Period)

Post by RDV @ GP3i on Fri Feb 27, 2009 3:54 pm

engrjhez wrote:Shocked Hmmn. None that matters anyway. lol!

Let us take this seriously. It affects everyone of you.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Draft IRR (Waiving of Posting Period)

Post by RDV @ GP3i on Fri Feb 27, 2009 5:47 pm

tesrafols wrote:My question, is it allowed to reduce the "posting period" to one day?

Here is the current provision on the waiver of the period for posting:

"Sec. 54.2.
h) With respect to item (a) of Section 52 of the Act and this IRR-A while the
procurement activity would still have to be posted in accordance with the
provisions of Section 21.2.3 of this IRR-A, the period for posting required
therein may be waived
by the procuring entity concerned.
"

Here it is very clear that posting is still required but the period of posting may be waived, and the only logical interpretation is that it could be shortered, even to one day.

In Sec. 48.4 of the draft IRR, because of the longer provision, the intention to still require posting even for less than the 7-day period, may got lost in the interpretation. But I still maintain that our interpretation is still to post even for lesser period of time, and even post facto, for information purposes only.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Draft IRR (Waiving of Posting Period)

Post by engrjhez® on Fri Feb 27, 2009 11:24 pm

Sorry for the "laughing posts". Just want to release some tensions in a conservatively-serious environment.

Back to the ball game Very Happy May i suggest, for simplicity and to avoid confusions, to set just two (2) periods. The one (1) day as referring to the "waived period" and the seven (7) to the rest. It makes no sense in choosing for 2, 3, 4, 5, or 6 days if urgency is the issue.

What do you think Question
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2485
Age : 40
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : City Administrator's Office / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Draft IRR (Waiving of Posting Period)

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum