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Tax Clearance?

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Tax Clearance?

Post by engrjhez® on Tue Feb 24, 2009 12:21 am

From RULE XI of proposed IRR:
37.1. Within thirty (30) calendar days from receipt by the bidder of the notice from the BAC that the bidder has the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid, as the case may be, the bidder shall comply with all the remaining documentary requirements prior to the issuance of the Notice of Award and prior to formally entering into contract with the procuring entity concerned as follows:

a) Tax clearance (under EO 398);
b) Latest income and business tax returns. In case a foreign corporation legitimately does not have a BIR received income tax return in view of its newness, a sworn statement as to (i) when the company was formed, (ii) started operation, and (iii) that it has not received any income for the month/quarter from business in the Philippines for which a tax return should have been filed;
c) Certificate of PhilGEPS Registration;
d) Valid JVA, if applicable;
e) In the case of infrastructure projects, valid PCAB license and registration for the type and cost of the contract to be bid, for foreign bidders or joint ventures pursuant to an international treaty or agreement; and
f) Other appropriate licenses and documents as stated in the bidding documents.

The Notice of Award shall be made to the bidder with the Lowest Calculated Responsive Bid or the Highest Rated Responsive Bid, as the case may be, at its submitted bid price or its calculated bid price, whichever is lower, provided that the bidder has submitted all the documentary requirements in the preceding paragraph. In the case of quality-based procurement of consulting services, the award shall be based on the negotiated price or the submitted price, whichever is lower. In the case of Single Calculated/Rated Responsive Bid, as provided for in Section 36 of the Act and this IRR, the bidder with the Single Calculated /Rated Responsive Bid shall be awarded the contract.


Very Happy The underlined portion is suggested (if appropriate) to clarify the vague term "tax clearance" as this may be confused (as in LGUs) with tax clearances for real properties, and etc. Very Happy
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engrjhez®
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Tax Clearance Requirement

Post by dlsn on Tue Mar 10, 2009 11:27 am

I agree with the suggestion to clarify the kind of tax clearance being required.

In light of the suggestion, does it mean that you are in favor of having tax clearance (for purposes of EO 398) as a documentary requirement? I ask because some bidders have expressed difficulty acquiring this document. This claim was even validated by LGUs who have experienced failed bids because no bidder was able to submit such requirement.
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Re: Tax Clearance?

Post by engrjhez® on Wed Mar 11, 2009 9:40 pm

If you will be asking for a "poll", YES count me in. I agree this is needed (as it is provided by law).

A similar query is on the other topic asking if eFPS is mandatory. The two BIR issuances (the RR and RMC) clearly stipulates the necessity of filing for EO398 purposes. For small value procurement, this should not be the issue because of the exception. However, I suggest to decentralize the issuance of such clearance so as this will not be a burden on LGU levels.

Very Happy
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engrjhez®
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Male Number of posts : 2482
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Re: Tax Clearance?

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