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8/12/2019 EE laws pinoy
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COMPETITIVE BIDDING &
CONTRACTING PROCEDURES
8/12/2019 EE laws pinoy
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PUBLIC VS PRIVATE WORKS
Public Works
Works constructed for governmental agencies
such as sewers, pavements, bridges, publicbuildings, and water works.
Public Works must usually be let only after
advertising
Contracts shall be given to the lowestresponsible bidder
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PUBLIC VS PRIVATE WORKS
Public Works
Bidders must be two or more contractors,
open to the public
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PUBLIC VS PRIVATE WORKS
Private Works
constructed by private parties, partnerships,
corporations such as buildings, hydraulicplants, etc.
Private Works may be advertised, or it may be
let without advertisement
Open for public competition, competitionbetween selected parties, or by agreement
with a single contractor
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PUBLIC VS PRIVATE WORKS
Private Works
Verbal acceptance of a proposal may
consummate the contractAlternate bids, modifications of requirements,
adjustments, and betterments may be made
whenever the parties to the contract agree
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NEGOTIATING CONSTRUCTION
CONTRACTS
Owner will invite bids based on
specifications, more or less complete, with
or without some contract form Request for bids may be advertised or
notices may be sent to such parties
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PURPOSE OF SOLICITING MORE
THAN A SINGLE BID
Secure for the public or the owner the
advantages of competition
Right to select a proposal which isadvantageous
Such competition induces contractors to
make close estimates on work, market forlabor, materials, etc.
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CHARACTERISTICS OF RESPONSIBLE
BIDDER
The ability, capacity and skill of the bidder
to perform the contract and to provide the
service required Whether the bidder can perform the
contract or provide the service promptly, or
within the time specified, without delay or
interference
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CHARACTERISTICS OF RESPONSIBLE
BIDDER
The character, integrity, reputation,
judgment, experience and efficiency of the
bidder The quality of the performance of previous
contracts or services
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CHARACTERISTICS OF RESPONSIBLE
BIDDER
The quality, availability and adaptability of
the supplies or contractual services as the
particular use requires The ability of the bidder to provide future
maintenance and service for the use of the
subject of the contract
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DISHONESTY IN COMPETITIVE
BIDDING
The Competitive letting of construction
contracts is also open to dishonest
practices, and some instances are: Contractors may combine with each other
with the intention of securing high prices.
Apparent Competition
Competition simulation
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SECURING LOW BIDSCompilation of suggestions by
architects, contractors and engineers in
order to secure low bids. The contractor, when bound to a time limit
should be given the utmost freedom as to
the order and manner of doing the work.
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SECURING LOW BIDS Plans and specifications should give full
detail as to the required work, including all
dimensions, quantities, classes ofmaterials, etc.
Every condition to which the parties will be
bound by the contract should be submitted
to the bidders as a part of the contract
documents and specs.
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SECURING LOW BIDS Monthly estimates should include
materials delivered and suitably stored at
the site as well as material incorporated inthe work.
Some contract provisions
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DDITION L SUGGESTIONS FORPUBLIC WORKS
Engineers should not be permitted to bid
on work for which they have prepared
plans and specifications No bids should be requested until funds to
pay for the work have been provided.
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DDITION L SUGGESTIONS FORPUBLIC WORKS
Bids should be opened and read in public
No contractor should be permitted to
withdraw a bid after the bid opening hasstarted
Illegibility or ambiguity should invalidate
any bid
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DDITION L SUGGESTIONS FORPUBLIC WORKS
When all bids are rejected, new bids
should not be requested on the same
plans and specifications withoutreadvertisement
Either bid bond or certificate certified
check should be required with each bid
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DDITION L SUGGESTIONS FORPUBLIC WORKS
Should emergency work be required, the
contractor should notify the engineer as
promptly as possible; and the engineer
should, if possible, furnish an inspector for
the work
Notice of work rejected by engineer should
be in writing Completed work should be accepted or
rejected by engineer within a reasonable time
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RIGHTS OF THE CONTR CTORContractors have rights as well and
these are protected by the independent
contractors act of 2006. To decide if a
contract is unfair or harsh, the courts may
consider:
the terms of the contract when it was
made
the relative bargaining strengths of the
parties to the contract
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RIGHTS OF THE CONTR CTOR whether any undue influence or pressure
was exerted upon, or any unfair tacticswere used against, a party to the contract
whether the contract provides totalremuneration that is or is likely to be lessthan that of an employee performing
similar work any other matters the courts consider
relevant.
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