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What Constitute Acceptable Power of Attorney?

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Re: What Constitute Acceptable Power of Attorney?

Post  CGM-''Ng'wigi'' on Thu Jun 14, 2012 3:11 pm

RJM,

Thank you, but I think the Authority (PPRA) may be in a good position to clear our confusion because we are continuing to practice through tendering process by enquiring such document (Power of Attorney) from bidders. RSM and others let us discuss this issue because it is very important to be cleared early as possible.

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Re: What Constitute Acceptable Power of Attorney?

Post  RJM on Wed Jun 13, 2012 8:13 pm

CGM-''Ng'wigi''.

Your concerns fall squarely to the question I asked earlier - What constitute acceptable Power of Attorney?

Let us discussed, what are ingredients of an Acceptable Power Attorney?

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Re: What Constitute Acceptable Power of Attorney?

Post  CGM-''Ng'wigi'' on Wed Jun 13, 2012 4:16 pm

RJM,
I still have a concern on Power of Attorney issue as early I said. The followings need more elaborations in order to be clear for me;-
One, is there any standard format of power of attorney, if no what is the key issues to be considered in the submitted power of attorney by the bidder in different form?

Two, from the question one above, suppose among of bidders submitting bids, One of them submit a Board Resolutions of the company as a power of attorney. This Board of Resolutions (whether you call it board resolution minutes/ or paper), and it is signed by Chairperson of the board members of the company and the secretary of company authorizing the CEO/DG/MD of the company to act on behalf of the company submitting the bid. What is the take during the evaluation process and in respect to conformity of the power of attorney, mind that board resolutions submitted is not signed or authenticated by any legal firm/ lawyer as other bidders did.

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Re: What Constitute Acceptable Power of Attorney?

Post  RJM on Tue Jun 12, 2012 6:32 pm

CGM-''Ng'wigi'' wrote

My view is that, can we bring on the board again to define the so called Power of Attorney, what is the essence of this document in respect to eyes of law, and in relation to procurement process,

For the benefit of the other members, follow this link to explore more on the subject as discussed previously and I believe this will stimulate the topic at hand http://ppra.forumotions.net/t10-evaluation-process#27

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Re: What Constitute Acceptable Power of Attorney?

Post  CGM-''Ng'wigi'' on Mon Jun 11, 2012 10:39 pm

RJM+Forum Members,
Thank you again to bring this issue on board. Actually this issue have been confusing in procurement process and sometime bidders have been rejected with reference to what it is said by RJM.

My view is that, can we bring on the board again to define the so called Power of Attorney, what is the essence of this document in respect to eyes of law, and in relation to procurement process, is there any types of Power of attorney and when and where each one can be applied, what criteria have been used to request the bidder to submit the power of attorney may be to be singed by notarized/authenticated by lawyer?.
I am saying this because practically it is confusing sometimes and lead to unfair treatment to bidders.

RJM can you come up with the well defined and other concerned regarding power of attorney in tendering process.

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What Constitute Acceptable Power of Attorney?

Post  RJM on Sun Jun 03, 2012 11:58 pm

The issue of Power of Attorney has been discussed lengthy in this forum previously. No question that Power of Attorney is absolutely necessary in the procurement process.

The big question remain what constitute acceptable Power of Attorney in the procurement process? I'm asking this question now because I have seen hundred different formats of Power of Attorney. Some of them were acceptable and some were rejected by the respective procuring entities/authorities. Looking at those which were rejected you will find reasons such as; donor did not mention agent, donor name was the same as the agent, power of attorney were not notarized by the commissioner of oath, power of attorney not ordained, power of attorney was not specific for the tender in question and so forth, list can go on and on. To make matter worse there are some jurisdiction require Power of Attorney to be registered to be authentic and some argue not necessary to be registered or not one of the documents need to registered.

To me this is confusing especially on the bidders side. Most of them do ask, what should Power of Attorney contain for it to be acceptable in particular with respect to the legislation governing procurement in Tanzania.





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