Re-bidding process

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Friday, June 20, 2014


CONDUCTING biddings is tedious process if we strictly follow the provisions of Republic Act 9184, otherwise known as the Government

Procurement Reform Act of 2003. Since there will be a re-bidding for the security provider at the Capitol, Cebuanos should watch how the new members of the provincial bids and awards committee (BAC) will conduct the bidding.

The following are provisions in the implementing rules and regulation (IRR) of the procurement law:

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“30.1. Subject to Invitation to Bid (ITB) Clause 28, the Procuring Entity shall award the contract to the bidder whose bid has been determined to be the Lowest Calculated and Responsive Bid (LCRB). (In the case of the security agency bidding, there was no lowest bidder. The term of reference was technical, like the firearms of the Black Pearl Security Agency).

“30.2. Prior to the expiration of the period of bid validity, the Procuring Entity shall notify the successful bidder in writing that its bid has been accepted, through a notice of award received personally or sent by registered mail or electronically, receipt of which must be confirmed in writing within two (2) days by the LCRB and submitted personally or sent by registered mail or electronically to the Procuring Entity.

“30.3. Notwithstanding the issuance of the notice of award, award of contract shall be subject to the following conditions:

“(a) Submission of the following documents within the prescribed period from receipt by the bidder of the notice that it has the Lowest Calculated and Responsive Bid: (i) Valid JVA, if applicable, within ten (10) calendar days; “(ii) Valid PCAB license and registration for the type and cost of the contract to be bid for foreign bidders, within thirty (30) calendar days, if allowed under a Treaty or International or Executive Agreement mentioned in ITB Clause 12.1(a)(iv); (b) Posting of the performance security in accordance with ITB Clause 32; (c) Signing of the contract as provided in ITB Clause 31; and (d) Approval by higher authority, if required.

“31.1. At the same time as the Procuring Entity notifies the successful bidder that its bid has been accepted, the Procuring Entity shall send the contract form to the bidder, which contract has been provided in the bidding documents, incorporating therein all agreements between the parties.

“31.2. Within ten (10) calendar days from receipt of the notice of award, the successful bidder shall post the required performance security, sign and date the contract and return it to the Procuring Entity.

“31.3. The Procuring Entity shall enter into contract with the successful bidder within the same ten (10) calendar day period provided that all the documentary requirements are complied with.

“31.4. The following documents shall form part of the contract: (a) contract agreement; (b) bidding documents; (c) winning bidder’s bid, including the technical and financial proposals, and all other documents/statements submitted; (d) Performance Security; (e) Credit line in accordance with ITB Clause 5.5, if applicable; (f) Notice of Award of Contract; and (g) other contract documents that may be required by existing laws and/or specified in the BDS.

Kuti diay kaayo ang proseso. Apan ang BAC nga gipanguluhan ni Atty. Orvi Ortega gidispuga ang proseso.

***

I will no longer reprint here the reaction of Provincial Administrator Mark Tolentino to my column last Wednesday regarding the BAC composition because it was already published in the reaction section of Sun.Star Cebu last Thursday.

But in every law, there is that repealing clause. If there is inconsistency and conflict between a new law and an old law, the new law will always prevail. I overlooked that aspect and I stand corrected.

But I find the BAC composition in the Local Government Code more credible than in the RA 9184 because it has private sector representatives and COA. However, I ask Atty. Tolentino to look at Rule V section 11.2.1 on the BAC composition in the IRR of RA 9184. It states: “The head of the procuring agency shall designate at least five (5) but not more than seven (7) members of unquestionable integrity and procurement proficiency to the BAC.”

Do Ortega and GSO chief Jone Siegfred Sepe have that “unquestionable integrity” to sit in the committee considering that they tried to rig the first bidding? Just asking.

Published in the Sun.Star Cebu newspaper on June 21, 2014.

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