Ce Laws - R.a. 9184

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IRR stands for

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Implementing Rules and Regulations

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What section is R.A 9184 pursuant to

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Section 75

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Government Procurement Reform Act is under what R.A?

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R.A 9184

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Section 75 of R.A 9184

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Government Procurement Reform Act

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The procurement of the GoP shall be governed by these principles

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Transparency

Competitiveness

Streamlined Procurement Process

System of Accountability

Public Monitoring

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Refers to R.A. 9184, entitled “An Act Providing for the Modernization,Standardization and Regulation of the Procurement Activities of the Government and for other Purposes,” otherwise known as the Government Procurement Reform Act

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Act

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Refers to the budget for the contract duly approved by the HoPE, as provided for in the General Appropriations Act (GAA),continuing, and automatic appropriations, in the case of national government agencies (NGAs);

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Approved Budget for the Contract

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ABC

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Approved Budget for the Contract

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HoPE

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Head of the Procuring Entity

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GAA

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General Appropriations Act

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NGAs

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National Government Agencies

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the corporate budget for the contract approved by the governing board, is pursuant to

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Executive Order (E.O). No. 518, s. 1979

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MYOA

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Multi-Year Obligational Authority

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Refers to a signed offer or proposal to undertake a contract submitted by abidder in response to and in consonance with the requirements of the BiddingDocuments.

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Bid

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These terms shall be equivalent to and be used interchangeably with "Bid"

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Proposal, Tender

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Refers to a contractor, manufacturer, supplier, distributor and/or consultant who submits a bid in response to the requirements of the Bidding Documents

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Bidder

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Refer to the documents issued by the Procuring Entity as the basis for bids, furnishing all information necessary for a prospective bidder to prepare a bid for the Goods, Infrastructure Projects and/or Consulting Servicesrequired by the Procuring Entity

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Bidding Documents

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Refers to the Committee established inaccordance with Rule V of this IRR

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Bid and Awards Committee

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BAC

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Bid and Awards Committee

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CSE

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Common-Use Supplies and Equipment

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Refer to those goods, materials and equipment that are used in the day-to-day operations of Procuring Entities in the performance of their functions. For the purpose of this IRR, CSE shall be those included in the Electronic Catalogue of the PhilGEPS.

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Common-Use Supplies and Equipment

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Refers to a method of procurement which is open to participation by any interested party and which consists of the following processes:advertisement, pre-bid conference, eligibility screening of prospective bidders, receipt and opening of bids, evaluation of bids, post-qualification, and award of contract.

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Competitive Bidding

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the terms “Competitive Bidding” shall have the same meaning and shall be used interchangeably.

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Public Bidding

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Refer to services for infrastructure projects and other types of projects or activities of the GoP requiring adequate external technical and professional expertise that are beyond the capability and/or capacity of the GoP to undertake such as, but not limited to: (i) advisory and review services; (ii) preinvestment or feasibility studies; (iii) design; (iv) construction supervision; (v)management and related services; and (vi) other technical services or specialstudies. General principles on Consulting Services are provided for in Annex “B” ofthis IRR.

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Consulting Services

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Refers to any person or entity offering unmanufactured articles, materials or supplies of the growth or production of the Philippines, or manufactured articles, materials, or supplies manufactured or to be manufactured in the Philippines substantially from articles, materials, or supplies of the growth, production, or manufacture, as the case may be, of the Philippines

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Domestic Bidder

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Refers to an individual or a sole proprietor who is a citizen of the Philippines or a partnership, corporation, cooperative, or association duly organized under the laws of the Philippines and of which at least seventy five percent (75%) of the interest or outstanding capital stock belongs to citizens of the Philippines, habitually established in business and habitually engaged in the manufacture or sale of the merchandise covered by his bid, and the business has been in existence for atleast five (5) consecutive years prior to the advertisement and/or posting of the invitation to Bid.

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Domestic Entity

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Refer to International Agreements except that they do not require legislative ratification

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Executive Agreements

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Refer to articles which are normally consumed in use within one (1) year or converted in the process of manufacture or construction, or those having a life expectancy of more than one (1) year but which shall have decreased substantially in value after being put to use for only one (1) year (e.g., medicines, stationery, fuel, and spare parts)

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Expendable Supplies

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Refers to any offer of articles, materials or supplies not manufactured or not to be manufactured in the Philippines, substantially from articles, materials, or supplies of the growth, production, or manufacture, as the case may be, of the Philippines.

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Foreign Bid

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Refers to the acquisition of goods, consulting services, and the contracting for infrastructure projects by the GoP which are wholly or partly funded by Foreign Loans or Grants pursuant to a Treaty or International or Executive Agreement

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Foreign-funded Procurement

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shall have the same meaning as and shall be used interchangeably with “foreign-funded projects” or “foreign-assisted projects"

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Foreign-funded Procurement

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Refer to grants with no repayment obligations and are provided in monetary form, goods, works, and consultancy services, among others.

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Foreign Grants

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Refer to loans, credits, and indebtedness with private foreign banks or with foreign governments, agencies, or instrumentalities of such foreign governments, foreign financial institutions, or other international organizations with whom, or belonging to countries with which, the Philippines has diplomatic relations,as may be necessary and upon such terms and conditions as may be agreed upon, toenable the GoP to finance, either directly or through any government office, agency or instrumentality or any government-owned and controlled corporation, industrial,agricultural or other economic development purposes or projects authorized by law

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Foreign Loans

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Refer to all items, supplies, materials and general support services, except Consulting Services and infrastructure projects, which may be needed in the transaction of public businesses or in the pursuit of any government undertaking, project or activity, whether in the nature of equipment, furniture, stationery,materials for construction, or personal property of any kind, including non-personal or contractual services, such as, the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services, as well as procurement of materials and supplies provided by the Procuring Entity for such services.

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Goods

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Refers to the Body created inaccordance with Rule XX of this IRR

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Government Procurement Policy Board (GPPB)

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GPPB

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Government Procurement Policy Board

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Refers to: (i) the head of the agency or body, or his duly authorized official, for NGAs and the constitutional commissions or offices, and other branches of government; (ii) the governing board or its duly authorized official, for GOCCs, GFIs and SUCs; or (iii) the local chief executive, forLGUs:

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Head of the Procuring Entity (HoPE)

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Include the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/powerand electrification facilities, national buildings, school buildings, hospital buildings,and other related construction projects of the government

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Infrastructure Projects

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shall have the same meaning as, and shall be used interchangeably with, “civil works” or “works.”

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Infrastructure Projects

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Refers to a contract or understanding, regardless of nomenclature, entered into between the GoP and another government or foreign or international financing institution in written form and governed by international law,whether embodied in a single instrument or in two (2) or more related instruments.

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International Agreement

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Refer to articles which are not consumed in use and ordinarily retain their original identity during the period of use, whose serviceable life is more than one (1) year and which add to the assets of the GoP (e.g., furniture,fixtures, transport and other equipment). For this IRR, the term non-expendable supplies shall include semi-expendable property

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Non-expendable Supplies

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Refers to the electronic System as provided in Section 8 of this IRR

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Philippine Government Electronic Procurement System (PhilGEPS)

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PhilGEPS

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Philippine Government Electronic Procurement System

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shall have the same meaning as, and shall be used interchangeably with, “G-EPS” referred to in the Act

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Philippine Government Electronic Procurement System (PhilGEPS)

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Refers to an individual or a sole proprietor who is a citizen of the Philippines or a partnership, corporation, or association organized under the laws of the Philippines of which at least sixty percent (60%) of the capital or interest isowned by citizens of the Philippines, or cooperatives registered with the Cooperative Development Authority

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Philippine National

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Refers to a website that integrates a wide variety of contents for the purpose of attracting and aggregating multiple users together in a central virtual space.

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Portal

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Refers to the acquisition of goods, consulting services, and the contracting for infrastructure projects by the Procuring Entity. In case of projects involving mixed procurements, the nature of the procurement, i.e., Goods,Infrastructure Projects or Consulting Services, shall be determined based on the primary purpose of the contract. Procurement shall also include the lease of goods and real estate. With respect to real property, its procurement shall be governed bythe provisions of R.A. 10752 and other applicable laws, rules and regulations. (a)

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Procurement

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Refers to any branch, constitutional commission or office,agency, department, bureau, office, or instrumentality of the GoP (NGA), including GOCC, GFI, SUC and LGU procuring goods, infrastructure projects and consulting services

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Procuring Entity

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Refer to international agreements entered into by the GoP which require legislative ratification after executive concurrence.

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Treaties

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Refer to universal or commercial banks duly authorized under R.A. 8791

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Universal or Commercial Banks

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R.A. 8791

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The General Banking Act of 2000

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APP

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Annual Procurement Plan

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PPMP

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Project Procurement Management Plans

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PAP

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Programs, Activities, Projects

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PMO

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Procurement Management Office

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GPM

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Generic Procurement Manuals

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PBD

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Philippine Bidding Documents

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otherwise known as selective bidding

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Limited Source Bidding

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is a method of procurement of Goods and Consulting Services that involves direct invitation to bid by the Procuring Entity from the list of pre-selected suppliers or consultants with known experience and proven capability on the requirements of the particular contract

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Limited Source Bidding

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is single source procurement

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Direct Contracting

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is a method of procurement of Goods that does not require elaborate Bidding Documents. The supplier is simply asked to submit a price quotation or a pro-forma invoice together with the conditions of sale. The offer may be accepted immediately or after some negotiations

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Direct Contracting

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is a method of procurement of Goods from the previous winning bidder, whenever there is a need to replenish goods procured under a contract previously awarded through Competitive Bidding

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Repeat Order

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is a method of procurement of Goods whereby the Procuring Entity simply requests for the submission of price quotations for readily available off-the-shelf goods or ordinary/regular equipment to be procured directly from suppliers of known qualifications

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Shopping

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is a method of procurement of Goods, Infrastructure Projects and Consulting services, whereby the Procuring Entity directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant

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Negotiated Procurement

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Where there has been failure of competitive bidding or Limited Source Bidding for the second time as provided in Section 35 of the Act andthis IRR

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Two Failed Biddings

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In case of imminent danger to life or property during a state ofncalamity, or when time is of the essence arising from natural or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and otherpublic utilities.

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Emergency Cases

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refers to a bond issued by a surety company to guarantee the performance by the bidder of an obligation or undertaking in favor of the procuring entity, i.e., bid security, performance security, or warranty security.

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Surety Bond

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The following periods from the last day of posting of the Invitation to Bid/Request for Expression of Interest up to the submission and receipt of bids shall be observed: For Goods

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max period of 45 calendar days

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The following periods from the last day of posting of the Invitation to Bid/Request for Expression of Interest up to the submission and receipt of bids shall be observed: infrastructure projects, 50 million and below

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50 calendar days

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The following periods from thelast day of posting of the Invitation to Bid/Request for Expression of Interest up tothe submission and receipt of bids shall be observed: infrastructure projects, above 50 million

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65 calendar days

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The following periods from the last day of posting of the Invitation to Bid/Request for Expression of Interest up to the submission and receipt of bids shall be observed: consulting services

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max of 75 calendar days

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In case of discrepancies between: bid prices in figures and in words, what shall prevail?

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Words

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In case of discrepancies between: total price per item and unit price for the item as extended or multiplied by the quantity of that item, what shall prevail?

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unit price as extended or multiplied by the quantity of that item

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In case of discrepancies between: stated total price and the actual sum of prices of component items, what shall prevail?

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actual sum of prices of component items

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In case of discrepancies between: unit cost in the detailed estimate and unit cost in the bill of quantities, what shall prevail?

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unit cost in the bill of quantities

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In case of conflict between the terms of Treaty or International or Executive Agreement and this IRR, what shall prevail?

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Treaty

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The entire evaluation process for the procurement of Goods and Infrastructure Projects shall be completed within?

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seven (7) calendar days from the deadline for receipt of proposals

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Indication that the item is free by the contractor

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Dash (-) or Zero (0)