Procedure for the procurement of consulting service - DOH

MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES
a. HOPE;
b. BAC;
c. Procurement Unit/Office;
d. BAC Secretariat;
e. Consultant who submitted the HRRB/SRRB;
f. Observers; and
g. COA Representative.
3.5 Failure and Refusal to accept the award
If the bidder with the HRRB/SRRB, fails, refuses or is unable to submit the documents
required under Section 37.1 of the revised IRR or to make good its bid by entering into a
contract with the procuring entity or post the required Performance Security within the
period stipulated in the IRR or in the Bidding Documents, the bid security shall be forfeited
and the appropriate sanctions provided in the revised IRR and existing laws shall be
imposed, except where such failure, refusal or inability is through no fault of the said bidder
(Section 40.1 of the revised IRR).
In the case of the failure, refusal or inability of the bidder with the HRRB to submit the
documents required under Section 37.1 of the revised IRR or to enter into contract and
post the required Performance Security, as provided in Section 40, the BAC shall
disqualify the said bidder, and shall initiate and complete the post-qualification process on
the bidder with the second HRB: Provided, however, that in the case of consulting
services, the second HRB has successfully undergone the negotiation stage in accordance
with Section 33.2.5 of the revised IRR. This procedure shall be repeated until the HRRB is
determined for award. However, if no bidder passes post-qualification, the BAC shall
declare the bidding a failure and conduct a re-bidding with re-advertisement. Should there
occur another failure of bidding after the conduct of the contract‟s re-bidding, the procuring
entity concerned may enter into a negotiated procurement (Section 40.2 of the revised
IRR).
Refusal to accept an award, without just cause or for the purpose of forcing the Procuring
Entity to award the contract to another bidder, if proven, is meted with a penalty of
imprisonment of not less than six (6) years and one (1) day by not more than fifteen (15)
years (Section 65.3 of the revised IRR). Additional penalties of suspension for one
(1) year from participation in government procurement for the first offense, and suspension
for two (2) years for the second offense shall also be imposed on the bidder (Section 69.1
of the revised IRR).
84