ee laws pinoy

8/12/2019 EE laws pinoy

1/21

COMPETITIVE BIDDING &

CONTRACTING PROCEDURES


2/21

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


3/21


Public Works

Bidders must be two or more contractors,

open to the public


4/21


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


5/21


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


6/21

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


7/21

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.


8/21

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


9/21


BIDDER

The character, integrity, reputation,

judgment, experience and efficiency of the

bidder The quality of the performance of previous

contracts or services


10/21


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


11/21

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


12/21

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.


13/21

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.


14/21

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


15/21

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.


16/21


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


17/21


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


18/21


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


19/21

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


20/21

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.


21/21

ee laws pinoy

Documents