Qualifications Based Selection

(QBS)

BY: AILLA CRUZ

 QUALIFICATIONS
BASED SELECTION (QBS)
- Process by which engineering and
architectural firms are selected based on their
qualifications, rather than price
- First established on a national level by 1972
Brooks Act, which requires federal agencies to
use a QBS process when procuring design
services.
If you needed an organ
transplant, would you
choose the cheapest
doctor???
 ANNULMENT
(ARTC 1391)

-is a remedy provided by law, for reason of public

interest, for the declaration of the inefficacy of a
contract based on a defect or vice in
the consent of one of the contracting parties in order to
restore them to their original position in which they
were before the contract was executed.
 RATIFICATION
(ARTC 1392-96)

-is a principal's approval of an act of its agent

that lacked the authority to bind the principal
legally.
a. The contract should be tainted with a vice which is susceptible
of being cured
b. The confirmation should be effected by the person who is
entitled to do so under the law
c. It should be effected with knowledge of the vice or defect of
the contract
d. The cause of the nullity or defect should have already
disappeared
-Who and when may an action
for annulment of contract can
be instituted
(ARTC 1397)
a. Plantiff must have an interest to the contract

b. Victim and not the party responsible for the defect

is the person who must assert the same
Effects of Annulment
(ARTC 1398-99)
-An obligation having been annulled, the
contracting parties shall restore to each
other the things which have been the
subject matter of the contract, with their
fruits, and the price with its interest, except
in cases provided by law.
 When the defect of the contract consist in
the incapacity of one of the parties, the
incapacitated party is not obliged to make
any restitution except insofar as he has been
benefited by the thing or price received by
him.
Effect of loss of thing to be returned:

• If the thing was lost without his fault, there

is no obligation to return the thing.

• If the thing was lost through his fault,

obligation is not extinguished.
 Loss of the thing while in the possession of the party
who can annul the contract:

A- Due to his fault or fraud

B- Due to fortuitous event

 Effect where a party cannot restore what he
is bound to return. When a contract is
annulled, a reciprocal obligation of restitution
is created.