Procedure for the procurement of consulting service - DOH

More documents

Recommendations

Info

MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES In the case Mata V. San Diego, G.R. No. L-30447 (21 March 1975), the Supreme Court of the Philippines declared that a bidder is bound by the reservation clause, and the said clause vests in the authority concerned the discretion to ascertain who among the bidders is the lowest responsive bidder or the lowest and best bidder or most advantageous to the best interest of the Government. As such, a bidder has no right or cause of action to compel the BAC or agency to award the contract to it. The Court further stated that this requires inquiry, investigation, comparison, deliberation and decision – a quasi-judicial function which, when honestly exercised, may not be reviewed by the courts. It should be noted, however, that R.A. 9184 Section 41 of the revised IRR, has placed some limiting qualifiers on the possible contents of the Reservation Clause. 3.5.1 RIGHT TO REJECT BIDS, DECLARE A FAILURE OF BIDDING, OR NOT TO AWARD THE CONTRACT The Procuring Entity may exercise the right to reject any and all bids, to declare a failure of bidding, or not to award the contract in any of the following situations (Section 41 of the revised IRR): a. If there is prima facie evidence of collusion between appropriate public officers or employees of the procuring entity, or between the BAC and any of the bidders, or if the collusion is between or among the bidders themselves, or between a bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition; b. If the BAC is found to have failed in following the prescribed bidding procedures; or c. For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP, as follows: i. If the physical and economic conditions have significantly changed so as to render the project no longer economically, financially, or technically feasible, as determined by the HOPE; ii. iii. If the project is no longer necessary as determined by the HOPE; and If the source of funds for the project has been withheld or reduced through no fault of the procuring entity. 38
DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010 3.6 CRIMINAL LIABILITY FOR VIOLATING THE RESERVATION CLAUSE If the HOPE abuses his power to reject any and all bids, as provided by the Reservation Clause, with manifest preference to any bidder who is closely related to him in accordance with Section 47 of the revised IRR, or if it is proven that s/he exerted undue influence or undue pressure on any member of the BAC or any officer or employee of the Procuring Entity to take such action, and the same favors or tends to favor a particular bidder, s/he shall be meted with the penalties provided in Section 65 of the revised IRR which is imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years and penalty of temporary disqualification from public office. This is without prejudice to the provisions of R.A. 3019 and other applicable penal laws. In addition, the public official involved shall also suffer the penalty of temporary disqualification from public office (Sections 65.1.c and 65.1.e of the revised IRR). 39
Page 3: DOH Customized Procurement Manuals
Page 7: Executive Summary The role of publi
Page 10 and 11: MANUAL PROCEDURES FOR THE PROCUREME
Page 14: SECTION 1 INTRODUCTION
Page 19: SECTION 2 GENERAL PRINCIPLES ON CON
Page 29: SECTION 3 PREPARING FOR PROCUREMENT
Page 47: SECTION 4 PROCUREMENT OF CONSULTING
Page 102 and 103:
MANUAL PROCEDURES FOR THE PROCUREME
Page 104 and 105:
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 113 and 114:
DOH CUSTOMIZED PROCUREMENT MANUAL V
Page 115 and 116:
Page 117 and 118:
NEGOTIATED PROCUREMENT 1. NEGOTIATE
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127:
SECTION 6 GUIDELINES ON CONTRACT IM
Page 130 and 131:
Page 132 and 133:
Page 134 and 135:
Page 136 and 137:
Page 138 and 139:
Page 140 and 141:
Page 143:
SECTION 7 PERIOD OF ACTION ON PROCU
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
Page 164 and 165:
Page 166 and 167:
Page 168 and 169:
Page 170 and 171:
Page 172 and 173:
Page 174 and 175:
Page 176 and 177:
Page 178 and 179:
Page 180 and 181:
Page 182 and 183:
Page 184 and 185:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 196 and 197:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
Page 243 and 244:
Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
Page 251 and 252:
Page 253 and 254:
Page 255 and 256:
Page 257 and 258:
Page 259 and 260:
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Page 267 and 268:
Page 269 and 270:
Page 271 and 272:
Page 273 and 274:
Page 275 and 276:
Page 277 and 278:
Page 279 and 280:
Page 281 and 282:
(SIGNATURE OVER PRINTED NAME) WITNE
Page 283 and 284:
Page 285 and 286:
Page 287 and 288:
Page 289 and 290:
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
Page 297 and 298:
Page 299 and 300:
Page 301 and 302:
Page 303 and 304:
Page 305 and 306:
Page 307 and 308:
Page 309 and 310:
Page 311 and 312:
Page 313 and 314:
show all

Procedure for the procurement of consulting service - DOH

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?