1
Q
CONSUMER PROTECTION ACT [RA 7394]
A
Purpose: To protect the interests of the consumer. Promote general welfare. Establish standards of conduct for business & industry.
2
Q
Objectives
A
Protection against hazards to health & safety, deceptive, unfair & unconscionable sales acts & practices. Provision of information & education to facilitate sound choice & the proper exercise of rights by the consumer; adequate rights & means of redress. Involvement of consumer representatives formulation of social & economic policies.
3
Q
DECEPTIVE SALES ACTS
A
(by fraud, deviation from the truth) Representation of something it DOES NOT HAVE or when in fact IT IS NOT. An act of the producer, manufacturer, supplier or seller, thru concealment, false representation fraudulent manipulation, induces consumer to enter into a sales or lease transaction of any consumer product or service.
4
Q
Home Solicitation Sales
A
Both of these violate this Act whether it occurs before, during or after the transactions.
5
Q
Chain Distribution Plans/Pyramid Sales Schemes
A
shall NOT be employed in the sales of consumer products. Allowed only if a permit is obtained from DTI.
6
Q
REFERRAL SALES
A
PROHIBITED REPRESENTATIONS: Only between 9:00 AM to 7:00 PM each WORKING DAY, Can be done thru phone, online communication.
7
Q
UNFAIR/UNCONSCIONABLE SALES ACT
A
(walang malay si consumer) Producer or the likes took advantage of the inability of the consumer to protect his interest.
8
Q
PROHIBITED ACTS
A
(bawal) Consumer transaction was entered into when the price exceeded the price unable was to receive a substantial benefit from the subject thereof. Seller/Supplier was aware that there was NO reasonable probability of payment of the obligation.
9
Q
GR
A
Shall not be used in the sale of consumer products.
10
Q
XPN
A
Written undertaking in favor of the buyer.
11
Q
LABELING AND FAIR PACKAGING
A
Enforce compulsory labeling., & fair packaging to enable consumer to obtain accurate information [nature, quality, quantity of the contents of the product].
12
Q
Prohibition not applicable to
A
Wholesale/Retail distributor except if they are: engaged to display or distribute in commerce any consumer product whose package or label does NOT Conform to the provisions hereof.
13
Q
Non-functionally Slack-Filled
A
(Tirang space sa package; deemed non-functionally slack-filled if it is filled to substantially less than its capacity [GRI for reasons other than [XPNS]: Requirement of machines used for enclosing the contents in such package. Inherent characteristics of package materials or construction being used.
14
Q
MINIMUM LABELING REQUIREMENTS
A
trade name or brand name trademark business name address of manufacturer, importer, repacker of the consumer in the PH general make active ingredients net quality of contents country manufacture, imported the state if under licensed from a principal FOOD expiration date semi-processed or fully-processed or ready-to-cook, etc. nutritive value, if any ingredients used are natural or synthetic other that is deemed necessary.
15
Q
ADDITIONAL LABELING REQUIREMENTS FOR
A
REQS THAT MAY BE REQUIRED BY DTI Brand new motor vehicles Purchased in Philippines Standards Specifications o Prevents conformity o Cannot be repaired whether COSMETICS Procedures: expiration date irritants Price Tag Requirement: must be written clearly with price in peso and cent per unit.
16
Q
LEMON LAW [RA 10462]
A
Purpose: for consumer protection in the purchase of BRAND NEW MOTOR VEHICLES.
17
Q
Lemon Law rights period
A
[earliest/shorter] period ending 12 months after the date of original delivery first 20,000 kilometers of operation after such delivery.
18
Q
Reported by the consumer
A
Non-conformity to: NON-CONFORMITY EXCLUDES: 1. REPAIR ATTEMPTS: it With lemon law rights AND after at least 4 separate attempts [same complaint, same manuf/distr]
19
Q
CIGARETTES
A
WARNING Cigarette Smoking is Dangerous to Your Health. Should be in conspicuous place (madaling makita).
20
Q
- WRITTEN NOTICE OF AVAILMENT
A
Notify the M/D, authorized dealer or retailer for intention to invoke the right within the Lemon Law rights period.
21
Q
- FINAL ATTEMPT
A
Consumer must bring the vehicle to the manuf/dist for a final attempt to address the complaint.
22
Q
- FILE A COMPLAINT
A
In case of non-conformity issue remains unresolved: FILE a complaint before the DTI as for under this Act.
23
Q
If the vehicle is NOT returned for repair
A
within 30 calendar days from the date of notice of release within lemon law rights period, the repair is deemed successful.
24
Q
If non-conformity issue still exists
A
or persists after 30 day period but still within the lemon law rights period, the consumer may be allowed to invoke his rights.
25
COMPENSATION FOR NON-USE
While vehicle is under repair, consumer shall be provided: Reasonable daily transportation allowance. LOWER of: o 20% per annum deduction from the price o (Traveled kms x Price) + 100,000 kms Any disagreement on this matter shall be resolved by DTI.
26
REMEDIES FOR DISPUTE RESOLUTION
Mediation- all disputes shall be settled within 10 working days.
27
REMEDIES OF CONSUMER
Arbitration - proceed to arbitration, shall parties failed to settle during mediation proceedings. Adjudication - shall in NO case exceed 20 working days. •Replacement of the motor vehicle with similar or comparable to motor vehicle. Accept the return of motor vehicle and pay the consumer the purchase price plus collateral charges.
28
DISCLOSURE ON RESALE
(in writing) *the Secretary of DTI shall decide on the appeal within 30 days from the receipt thereof. The motor vehicle was returned. The nature of the non-conformity which caused the return. Coverage The condition of the motor vehicle at the time of the transfer to the manufacturer/distributor.
29
Penalty of non-disclosure
P 100,000 as damages.
30
DATA PRIVACY ACT [RA 10173]
National Privacy Commission L All types of information L Any natural/juridical person involved in personal information processing Not covered [Data privacy will not apply] Government employee/officer L Service contractor for government L Discretionary benefit of a financial nature 4 Journalistic, artistic, literary or research purposes L Carrying out the functions of public authorities L Banks and other financial institutions L Resident of foreign jurisdiction Extraterritorial Application: applies in and outside PH • Personal information of Philippine citizen/resident Entity has a link with the Philippines Other links in PH.
31
Principles
Proportionality adequate, relevant, suitable, necessary & not excessive. Shall be processed by the company if not reasonable to process in other means. Legitimate Purpose - compatible with a declared and entity carries on business in PH collected or held by entity in PH specified purpos euhiect must be aware of must be aware of nature, purpose, and extent of the processing of his personal data by the company. • Kept in a form which permits identification of a data subject.
32
Personal Information
.Collected for legitimate purpose.Ascertained by entity Processed fairly and lawfully Would identify an individual Accurate, relevant, necessary.
33
Contracts
Juridical entity Branch, agency Related to fulfillment of a contract.
34
Criteria: Lawful Processing of Personal Info (atleast one)
Consent For compliance with a legal obligation.
35
Privileged Information
Attorney-client Doctor-patient Apparent To protect vitally important interest (ex. life and health) To respond to national emergency, compliance to public order or safety, to fulfill functions of public authority Purposes of legitimate interest Marital privilege communication Priest-confessor.
36
Sensitive Information
Race, ethnic origin, marital status, age, color, and religious, philosophical, political affiliation Health, education, genetic or sexual life, proceedings for an offense committed. Issued by the gov't agencies (ex. SSS No., health records) Specifically established by an executive order.
37
Criteria: Lawful Processing - Sensitive and Privileged
Consent Provided for by existing law and regulation Protect life and health of a data subject or another To achieve lawful and non-commercial objectives of public organizations and their associations Medical purposes Protection of lawful rights of natural or legal persons.
38
A personal information controller may subcontract the processing of personal information.
Personal Information Controller: responsible for Safeguarding the information Confidentiality Prevent its use for unauthorized access Compliance to Data Privacy Act and other laws *He may invoke the principle of privileged communication over privileged information that they lawfully control.
39
Rights of the Data Subject [IPA REDOw]
Informed consent Portability of data Access Retract/Rectify/Correct.
40
RIGHTS NOT APPLICABLE
Scientific and statistical research - req. strict confidentiality Criminal or tax liability investigations.
41
Security of Personal Information [SIR M]
Identifying vulnerabilities Erasure Damages Object Security policy - nature, risk, size, cost, practices Regular monitoring Withhold consent Measures - accidental, unlawful destruction, alteration, disclosure.
42
Requirements to Access Security
On-site ce and online - no employee, unless: security clearance Off-site access - not allowed unless: request to transport Guidelines to request .2 business days - deadline for approval or disapproval: deemed disapproved if no action L1,000 records only: limit L Use the most secured encryption standard.
43
Requirements to Government Contractors
V Coverage of 1,000 or mnore individuals VEmployees must register their personal information processing system.
44
Data Breach Notification
5 days - submission of full report 72 hours - report to in case of data breach Ateast 100 data subiects - shall be no delay in notification Atleast 250 data subjects - personal information controller and processor - reqister the system Atleast 1,000 data individuals - register the system.
45
E-COMMERCE ACT [RA 8792]
Department of Trade and Industry: promulgates IRR Application: To any kind of electronic document.
46
Legal Recognition
Addressee: Who is intended to receive Electronic Data Message (EDM) - Information shall not be denied validity or enforceability solely on the ground that it is in the form of EDM. ED has same effect.
47
Electronic Documents (ED)
- shall have the legal effect, validity or enforceability as any other document or legal writing. maintain its integrity and reliability - In writing - provided remain complete and unaltered ► In original form: reliable and capable of being displayed.
48
Electronic Key
Secret code.
49
Electronic Signature (ES)
distinctive mark.
50
<
51
O Hercules L... X
52
Authenticity
53
Signature:
54
► Represents the persons named
55
- Appropriate method or security adopted with intention of
56
authenticating
57
EDM/ED
58
-Appropriate
59
and
60
error or alteran9 the originator
61
*SC can authenticate using electronic notarization system
62
detecurity adopted for
63
Integrity of Information Communication System
64
- All material times - did not affect integrity
65
- No grounds to doubt integrity
66
► Recorded/stored by who is adverse in interest to the user
67
- Ordinary course - by a person who is not a party and not
68
under the control of the user
69
Still Admissible and has Evidential Weight even if:
70
- In electronic form
71
- Not in written form - "best evidence of the agreement and
72
transaction"
73
Considered as Retained in its Original Form
74
► Remains accessible and useable
75
-Retained in a format it was generated
76
- Originator
addressee
77
EDM is from the Originator:
78
- Sent by the originator himself
79
Hercules Last... X
80
Sent by a person who had authority
81
- Entitled to regard: addressee previously agreed
82
► Entitled to regard: agent who had access in EDM/ED Of the
83
originator as his own.
84
Will not apply:
85
L Addressee received notice - not from the originator
86
and have reasonable time to act
87
L Addressee knew- it was not from the originator
88
Acknowledgement of Receipt
89
L Transmission resulted in any error
90
GR: No acknowledgement is necessary
91
4 XPN: (1) Agreement; (2) 0riginator requested
92
Mode when required : GR: Agreement
93
L If no agreement: (1) Communication by addressee
94
(2) Conduct that indicates the receipt
95
No receipt since there was no acknowledgement:
96
L Acknowledgement is conditional upon receipt
97
. Originator gave notice no acknow ledgement received
98
Time of Dispatch:
99
GR - enters information system outside originator's control
100
XPN - agreement
101
Time of Receipt: GR: Agreement
102
i. Upon entry in the designated information system
103
ii. Retrieval by addressee - both participants; or no designation
104
ii. Upon entry on the system of addressee - if no designation
105
Place of Receipt: GR: Agreement
106
i. Dispatched at originator's place of business
107
i. Received at addressee's place of business
108
*still applies even if originator uses laptop or other device
109
L More than one place - closest relationship to transaction
110
L No transaction - Principal place of business
111
4 No principal place - habitual residence
112
4 "Usual residence"- place of incorporation
113
Government transactions - 2 years from date of effectivity
114
3/20
115
EASE OF DOING BUSINESS ACT [RA 11032]
116
Purpose: prevent graft and corruption
reduce red tape
117
L Anti-Red Tape Authority: Implements EDBA
118
Coverage: All government offices and agencies
w/in or w/out
119
single location or
120
website/portal for Business Permit and Licensing Unit
121
(BPLS) of an LGU.
122
L Business One-Stop Shop
123
L Red Tape - produces slow
suboptimal
124
outcomes
125
L Citizen's Charter - information billboards; main entrance
126
conspicuous place
or websites
127
•Requirements' checklist
128
Service procedure
129
Responsible personnel for
130
each sten
131
Process time
132
Documents needed
133
Fees
134
Complaint procedures
135
05 Income 1
136
Application [Step-by-step]
137
► All officers/employees shall accept written applications
138
- Preliminary assessment - shall inform for any deficiencies
139
► Unique ID number- used for subsequent transactions
140
► Issuance of acknowledgement receipt
including:
141
L Seal of the agency
142
4 Name of the officer/employee; unit designation
143
4 Date and time of receipt
144
Actions of Officers
145
Maximum Processing Time
146
Simple transactions - 3 working days from receipt
147
L only ministerial actions; only inconsequential issues
148
for resolution of officer/employee
149
Complex transactions - 7 working days from receipt
150
4 Necessitates evaluation in the resolution of
151
complicated issues
152
Highly technical application
153
4 SHORTER: 20 working days vs. as determined
154
4 Requires use of technical knowledge
specialized skills
155
and training in the process
156
4 Involves danger to public health
public safety
157
Application to Sanggunian- local
municipal
158
4 45 working days
extendable for 20 working days
159
L Local Sanggunian declines:
160
► Reason and remedies shall be cited
161
All: May be extended for same number of days
only once
162
Force majeure/man-made disaster: days will be adjusted
163
Automatic Approval or Extension
164
Failure to approve or disapprove:
165
L Original application: Deemed approved: complete & paid
166
L Renewal: Deemed extended: listing of apps; posing danger
167
• Acknowledgement Receipt
168
Denial of
169
Fully explained in writing + grounds
170
Application Name e of the person making the denial
171
Signatories
172
Maximum of 3
alternate is allowed in case of official leave
173
E-signatures or pre-signed may be used
174
Local Government Unit Procedures
175
Single Unified Business Application Form
176
Processing new business permits/renewals
177
L Shall be made available online
178
4 Hard copies - available all the time
179
One-stop Business Facilitation Service
180
L aka. Business One-stop Shop [BOSS]
181
4 established within city/municipality Negosyo Center
182
L Queueing mechanism
183
L Colocation of offices (treasury
permits
184
Electronic BOSS- automated within 3 years upon effectivity
185
Local clearances - issued together with business permit
186
-Business Permit 1 year validfirst month of year
187
Renewal -anniv of issuance
188
Brgy Clearance - collected by city/municipality; share is
189
remitted to baranggay
190
Fixers: not involved in operations; gains for speedy completion
191
Philippines' World Rank in Ease of Doing Business
192
2016: 103rd
193
2021: (Still 95th due to discontinuance)
194
2022: (Still 95th due to discontinuance)
195
2023: 95th
196
2017: 99th
197
2018: 113rd
198
2019: 124th
199
2020: 95th
200
PHILIPPINE COMPETITION ACT [RA 10667]
201
Philippine Competition Commission (PCC)
202
Not applicable: Facilitating activities under CBA
203
Prohibited Acts
204
1. Anti-Competitive Agreements
205
Prohibited per se
206
4 Restricting the competition as to 2 Terms
207
. Fixing the price (auction) in any form of bidding
208
Object - substantially restrict/prevent/lessen competition
209
Price
210
Components
211
4 Setting
limiting
212
L Dividing or sharing the market
213
Other agreements
214
L NOTa violation if:
215
Volume
216
Territory
217
- Fair share of benefits to consumers
218
Types of goods
219
Buyers/sellers
220
Improves production/distribution
221
-Promotes technical and economic progress
222
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223
O Hercules L.. X
224
2. Abuse of Dominant Position - Atleast 50% of market share
225
Prices below cost - drive out the competition
226
4 XPN: no such object ; price - good faith
227
Imposing barriers- prevent competition
228
L Ex. restrictions to supplies
229
- XPN: superior products
legal rights or laws
230
• Making transactions subject to acceptance
231
L Additional obligations - unrelated
232
Discriminating prices - setting other prices or terms
233
Re
234
L XPN: Permissible price differentials
235
-Socialized pricing - less fortunate
236
Pecteis.esponse to market conditione
237
Different costs - manufacturing
delivery
238
Response to competitors
239
on lease or sale
240
L Ex. Fixing prices
preferential discounts
241
to transact with the competitors
242
L XPN: Permissible
243
Franchising
licensing
244
Protecting IP rights
trade secret
245
• Supplies dependent upon purchase of other
246
L No direct connection with the main goods (tied-up)
247
Unfairly low purchase prices - marginalized providers
248
L Farmers suppliers
fishers
249
Unfair prices tO competitors
customers
250
4 XPN: market changes
superior products
251
Limiting production
markets
252
4 XPN: market changes
superior products
253
Not a prohibition on having dominant position
254
Legitimate means (same in other agreements)
255
3. Prohibited Mergers and Acquisitions:
256
Substantially prevent
restrict
257
lessen compe
258
Hercules Last... X
259
4 XPN: bring gains in inefficiencies
260
- Acquired prior to effectivity of the Act
261
Acquisition is solely for investment
not rights/control
262
Compulsory notification - transaction exceeds P1 Billion
263
L Prohibited from consummating the agreement
264
NOTICE to PCC is required
265
- Failure to notify: Agreement is void
1%-5% fine
266
PCC may request further information before expiry of 30 days
267
L Will extend prohibition to consummate; plus 60 days
268
L 90 days max for PCC to review: inaction; approved
269
Governing Policies
270
GOVERNMENT PROCUREMENT (RA 9184]
271
Ideals of Good Go vernance to all branches
LGUs
272
participate to bid
273
qualified
274
eligible
275
• Transparency:
276
• Competitiveness:
277
Scope
278
Process
279
Implementation
280
-Equal opportunities
281
Private contracting parties
282
Streamlined Procuremnent Process - effective and efficient
283
4 Uniform government procurement
284
L Simple and adaptable - advances modern technology
285
•System of Accountability
286
L Officials and private entities - investigated: held liable
287
Public Monitoring - process implementation
288
L Strictly with accordance to the law specifications
289
Preparation of Bidding Documents
290
L Procuring Entity [PEJ
291
Goods and Infrastructure projects
292
Consultancy services
293
4 Covered: all branches - regardless of sources of funds
294
4 XPN: International treaties
295
L Bids and Awards Committee [BAC]
296
Contents:
297
failure
298
o Approved Budget for the Contract [ABC]
299
o Instruction to Bidders
300
4/20
301
Adjustments for costs; max threshold amounts
302
o Eligibility to Requirements
303
o Plans/Technical Specifications
304
4 Criteria: eligibility
bid evaluation
305
4 D/T/P: Price-Bid Conference
Bid Opening/Submission
306
Terms of Reference
307
o Delivery time/Completion schedule
308
o Forms: Bid
price
309
> Form and amount of Bid security
310
*each PE has BAC
311
o Form of Contracts and Conditions
312
o Form and amount of Performance security
313
*Brand names not allowed
314
/ characteristics
315
-/ performance
316
05 Income 1
317
Pre-Procurement Conference
318
GR: one for each procurement
319
(subject XPN:
320
IRR (optional)
321
to BAC approval)
322
L Assess readiness - certificate of availability of funds
323
L Review: all documents; Invitation to Bid; consultant
324
L Additional Invitation
325
► Brief description
criteria
326
Eligibility Requirements
327
Invitations to Bid
328
L certified under oath
329
Velectronically
330
Components
331
Receipt and Opening of Bids
332
RULES:
333
*eligible prospective bidders - short list of bidders
334
L evaluated using numerical ratings
335
BEFORE DEADLINE:
336
Submission and Receipt of Bids
337
Technical - process
338
written request - prospective bidder
339
Financial - pricing (based on ABC)
340
Separate sealed envelopes
341
Submitted simultaneously
342
Bidder may modify his bid - stamped by BAC
343
4 Upon Notice of Award
344
May withdraw- letter: express intention; not allowed to bid
345
Bid Security - guarantee to all bids
346
L Bid evaluation
347
4 Winning bidders shall enter into contract
348
L Award of contract
349
Received on such date/time/place
350
After deadline: not accepted (urgency)
351
L Furnish the performance security
352
correctness of statements
353
completeness
and;
354
authenticity of documents
355
Bid Validity - bids are valid for a reasonable period of time
356
Bid Opening - bids are gpen-public
357
L Minutes of the bid - written request; fees paid
358
L PASS:
359
1. Examine technical component: "pass or fail"
360
2. Open financial component: Upper linmit/ceiling price
361
Bid Evaluation
362
L Goods and Infrastructure - Lowest Calculated Bid
363
4 Consultancy services - Highest Rated Bid
364
- Short list: ranked using numerical ratings
365
- Negotiation: if fails
2nd rank - open
366
o Amounts should not exceed
367
- Repeated until awarded to bid winner
368
Post-Qualification
369
Verification/Validation: Requirements and conditions
370
Lowest Calculated Responsive Bid
371
No bids received
372
Failure of Bidding
373
Highest Rated Responsive Bid
374
L FAIL: 2nd rank- post qualified
then so on (repeated)
375
Single Rated/Calculated Bid: considered award
376
4 Only one bidder: eligible and responsive
377
More than one bidder: but only one is eligible and responsive
378
L More than on bidder is eligible: only one submits a bid
379
- No qualifies - LCRB
HRRB
380
*all instances - most advantageous price
381
LCRB
HRRB - refusal to accept award of contract: without
382
justifiable reason
383
L Re-bid - same process
384
4 Failed: BAC will proceed to negotiated procurement
385
Award
Implementation
386
Recommendation: BAC determines LCRB
HRRB
387
•Approved or Disapprove
388
L 15 days: Head of Procuring Entity (HoPE)
389
APPROVED: Notice of Award
390
10 days: Winning bidder - formally enter contract
391
L 20 days: further approval of higher authority
392
L 30 days: GOCCs
393
•7 days: Notice to Proceed - from date of approval
394
*inaction: deemed approved
395
Period of Procurement Process
396
From Bid Opening to Award of Contract
397
L Maximum of 3 months
398
4 Other activities: IRR - reasonable period
399
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400
O Hercules L.. X
401
2. Abuse of Dominant Position - Atleast 50% of market share
402
Prices below cost - drive out the competition
403
4 XPN: no such object ; price - good faith
404
Imposing barriers- prevent competition
405
L Ex. restrictions to supplies
406
- XPN: superior products
legal rights or laws
407
• Making transactions subject to acceptance
408
L Additional obligations - unrelated
409
Discriminating prices - setting other prices or terms
410
Re
411
L XPN: Permissible price differentials
412
-Socialized pricing - less fortunate
413
Pecteis.esponse to market conditione
414
Different costs - manufacturing
delivery
415
Response to competitors
416
on lease or sale
417
L Ex. Fixing prices
preferential discounts
418
to transact with the competitors
419
L XPN: Permissible
420
Franchising
licensing
421
Protecting IP rights
trade secret
422
• Supplies dependent upon purchase of other
423
L No direct connection with the main goods (tied-up)
424
Unfairly low purchase prices - marginalized providers
425
L Farmers suppliers
fishers
426
Unfair prices tO competitors
customers
427
4 XPN: market changes
superior products
428
Limiting production
markets
429
4 XPN: market changes
superior products
430
Not a prohibition on having dominant position
431
Legitimate means (same in other agreements)
432
3. Prohibited Mergers and Acquisitions:
433
Substantially prevent
restrict
434
lessen compe
435
Hercules Last... X
436
4 XPN: bring gains in inefficiencies
437
- Acquired prior to effectivity of the Act
438
Acquisition is solely for investment
not rights/control
439
Compulsory notification - transaction exceeds P1 Billion
440
L Prohibited from consummating the agreement
441
NOTICE to PCC is required
442
- Failure to notify: Agreement is void
1%-5% fine
443
PCC may request further information before expiry of 30 days
444
L Will extend prohibition to consummate; plus 60 days
445
L 90 days max for PCC to review: inaction; approved
446
Governing Policies
447
GOVERNMENT PROCUREMENT (RA 9184]
448
Ideals of Good Go vernance to all branches
LGUs
449
participate to bid
450
qualified
451
eligible
452
• Transparency:
453
• Competitiveness:
454
Scope
455
Process
456
Implementation
457
-Equal opportunities
458
Private contracting parties
459
Streamlined Procuremnent Process - effective and efficient
460
4 Uniform government procurement
461
L Simple and adaptable - advances modern technology
462
•System of Accountability
463
L Officials and private entities - investigated: held liable
464
Public Monitoring - process implementation
465
L Strictly with accordance to the law specifications
466
Preparation of Bidding Documents
467
L Procuring Entity [PEJ
468
Goods and Infrastructure projects
469
Consultancy services
470
4 Covered: all branches - regardless of sources of funds
471
4 XPN: International treaties
472
L Bids and Awards Committee [BAC]
473
Contents:
474
failure
475
o Approved Budget for the Contract [ABC]
476
o Instruction to Bidders
477
4/20
478
Adjustments for costs; max threshold amounts
479
o Eligibility to Requirements
480
o Plans/Technical Specifications
481
4 Criteria: eligibility
bid evaluation
482
4 D/T/P: Price-Bid Conference
Bid Opening/Submission
483
Terms of Reference
484
o Delivery time/Completion schedule
485
o Forms: Bid
price
486
> Form and amount of Bid security
487
*each PE has BAC
488
o Form of Contracts and Conditions
489
o Form and amount of Performance security
490
*Brand names not allowed
491
/ characteristics
492
-/ performance
493
05 Income 1
494
Pre-Procurement Conference
495
GR: one for each procurement
496
(subject XPN:
497
IRR (optional)
498
to BAC approval)
499
L Assess readiness - certificate of availability of funds
500
L Review: all documents; Invitation to Bid; consultant
501
L Additional Invitation
502
► Brief description
criteria
503
Eligibility Requirements
504
Invitations to Bid
505
L certified under oath
506
Velectronically
507
Components
508
Receipt and Opening of Bids
509
RULES:
510
*eligible prospective bidders - short list of bidders
511
L evaluated using numerical ratings
512
BEFORE DEADLINE:
513
Submission and Receipt of Bids
514
Technical - process
515
written request - prospective bidder
516
Financial - pricing (based on ABC)
517
Separate sealed envelopes
518
Submitted simultaneously
519
Bidder may modify his bid - stamped by BAC
520
4 Upon Notice of Award
521
May withdraw- letter: express intention; not allowed to bid
522
Bid Security - guarantee to all bids
523
L Bid evaluation
524
4 Winning bidders shall enter into contract
525
L Award of contract
526
Received on such date/time/place
527
After deadline: not accepted (urgency)
528
L Furnish the performance security
529
correctness of statements
530
completeness
and;
531
authenticity of documents
532
Bid Validity - bids are valid for a reasonable period of time
533
Bid Opening - bids are gpen-public
534
L Minutes of the bid - written request; fees paid
535
L PASS:
536
1. Examine technical component: "pass or fail"
537
2. Open financial component: Upper linmit/ceiling price
538
Bid Evaluation
539
L Goods and Infrastructure - Lowest Calculated Bid
540
4 Consultancy services - Highest Rated Bid
541
- Short list: ranked using numerical ratings
542
- Negotiation: if fails
2nd rank - open
543
o Amounts should not exceed
544
- Repeated until awarded to bid winner
545
Post-Qualification
546
Verification/Validation: Requirements and conditions
547
Lowest Calculated Responsive Bid
548
No bids received
549
Failure of Bidding
550
Highest Rated Responsive Bid
551
L FAIL: 2nd rank- post qualified
then so on (repeated)
552
Single Rated/Calculated Bid: considered award
553
4 Only one bidder: eligible and responsive
554
More than one bidder: but only one is eligible and responsive
555
L More than on bidder is eligible: only one submits a bid
556
- No qualifies - LCRB
HRRB
557
*all instances - most advantageous price
558
LCRB
HRRB - refusal to accept award of contract: without
559
justifiable reason
560
L Re-bid - same process
561
4 Failed: BAC will proceed to negotiated procurement
562
Award
Implementation
563
Recommendation: BAC determines LCRB
HRRB
564
•Approved or Disapprove
565
L 15 days: Head of Procuring Entity (HoPE)
566
APPROVED: Notice of Award
567
10 days: Winning bidder - formally enter contract
568
L 20 days: further approval of higher authority
569
L 30 days: GOCCs
570
•7 days: Notice to Proceed - from date of approval
571
*inaction: deemed approved
572
Period of Procurement Process
573
From Bid Opening to Award of Contract
574
L Maximum of 3 months
575
4 Other activities: IRR - reasonable period
CPALE: RFBT
flashcards
Decks in class (2)
# Cards
