SPECIAL POWER OF ATTORNEY

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SPECIAL POWER OF ATTORNEY

Post by cesar on Tue Sep 21, 2010 7:39 pm

gud day!
can we disqualify a bidder if his representative fails to submit his Special Power of Attorney (SPA) upon submission of his bid? The envelope was received but bot opened. The representative claimed that the owner was at the building premises(but not on the hall wherein the bid conducted) and only submitted (SPA) after 3 hours of opening the bid documents, and the the owner was already around by this time. The BAC verbally instructed the owner to file a motion for reconsideration within 3 days, since, the it is in the ITB that only the owner or his representative with SPA can submit and attend the bid opening. Please shed lights on this.

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Re: SPECIAL POWER OF ATTORNEY

Post by engrjhez® on Tue Sep 21, 2010 9:37 pm

cesar wrote:gud day!
can we disqualify a bidder if his representative fails to submit his Special Power of Attorney (SPA) upon submission of his bid? The envelope was received but bot opened. The representative claimed that the owner was at the building premises(but not on the hall wherein the bid conducted) and only submitted (SPA) after 3 hours of opening the bid documents, and the the owner was already around by this time. The BAC verbally instructed the owner to file a motion for reconsideration within 3 days, since, the it is in the ITB that only the owner or his representative with SPA can submit and attend the bid opening. Please shed lights on this.
For me, the spirit of the law is being defeated if the reason for disqualification is the absence of a SPA and the BAC will not accept or receive the bid. What is more important is whether it is the owner or the representative who signs for the document. In single proprietorship, only the person whose name appears on DTI Registration must sign the document. Otherwise, it is when a SPA is warranted.
25.1. Bidders shall submit their bids through their duly authorized representative using the
forms specified in the Bidding Documents in two (2) separate sealed bid envelopes,
and which shall be submitted simultaneously.x x x
I do not know of an instance where the BAC records 'who' brought the bid envelopes. The reason is that bids can actually be mailed (registered) or may even be brought through courier. I do not see any problem with that too. In fact, we are already geared towards online/electronic submission and opening of bids (Phase 5). So it actually doesn't matter who physically 'submits' the bid for as long as the bid itself is submitted by the owner or his authorized representative. If the signatory of all bids is a person other than the sole proprietor, that would be the time to look for a SPA.

In the end, you know where you will stand after this explanation. And may the BAC be guided well enough for their decisions. Smile

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Re: SPECIAL POWER OF ATTORNEY

Post by jcolas on Tue Sep 21, 2010 10:16 pm

gud day!
can we disqualify a bidder if his representative fails to submit his Special Power of Attorney (SPA) upon submission of his bid?


Yes. The Special Power of Attorney is one of the affidavits that composes the Omnibus Sworn Statemen which is an eligibility requirement and is placed in the Technical Envelope. If this is given to a representative by the proprietor, it simply means that the representative is now clothe with authority to do what the proprietor is expected to do if he is physically present. But how could you declare him ineligible when as you presented, the BAC has not opened the envelope when it was submitted? The presence of the owner after three hours does not change the facts. The bid was submitted by his representative and he should be armed with an Omnibus Sworn Statement.
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Re: SPECIAL POWER OF ATTORNEY

Post by sunriser431 on Wed Sep 22, 2010 12:37 am

cesar wrote:gud day!
can we disqualify a bidder if his representative fails to submit his Special Power of Attorney (SPA) upon submission of his bid? The envelope was received but bot opened. The representative claimed that the owner was at the building premises(but not on the hall wherein the bid conducted) and only submitted (SPA) after 3 hours of opening the bid documents, and the the owner was already around by this time. The BAC verbally instructed the owner to file a motion for reconsideration within 3 days, since, the it is in the ITB that only the owner or his representative with SPA can submit and attend the bid opening. Please shed lights on this.
If the bid documents was submitted on time and place as specified in the BDS, I dont think the BAC has basis to disqualify the bidder, remember even attendance of the bidder is not a requirement , but it is encourage to be present to witness the proceedings. My opinion was based solely on the facts presented. (n.b. the eligibility and Technical documents was not yet opened. The Omnibus Sworn Statement is now part of the eligibility requirements)
Peace bounce
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Re: SPECIAL POWER OF ATTORNEY

Post by cesar on Wed Sep 22, 2010 11:10 am

thank you for your quick reply!
please allow me to point out some events:

1. During the prebid, the bidders were reminded in submitting an SPA for their duly authorized representative, since, it is in the Bid Docs- Instruction to Bidders-ITB 24.9 " Only the owner of the license and/or his/her authorized representative/s are allowed to submit his/her bid and attend the bid opening conference. Authorized representative must have an SPA Special power of attorney. Bid submitted through mail is accepted."

2. Before the start of opening, the BAC asked the if all representatives has submitted its SPA. Only one representative (who personally submitted the bid) did not submitted an SPA. He was then told by the BAC that he is only an observer and no personality to attend. He did not called the owner at this time.

3. The BAC decided not to open the envelope, although the envelope was received before the due time, for the reason that, it violates the ITB 24.9 and would be unfair for the other representative present with an SPA.

4. The Owner together with his representative arrived after lunch break (about 3 hours after) and submitted an SPA. the Secretariat received it and marked time and date of receipt. the BAC then asked the owner where was he at time of submission since your representative does not have an SPA. the owner and the representative claimed that he was just below the building. The representative further note that if only he was asked for an SPA he should have had called the owner.

3. The BAC then read the ITB 24.9 and advised the owner to write a letter of motion for reconsideration w/in 3 days and kept his enveloped unopened. it will only be opened when the BAC decides to open after the receipt of his letter. The BAC continued its opening of bids and one of the owner questioned why to consider the bidder since he violated ITB. 24.9.

4. I would like also to note that the attendance sheet only shows the representative during the time of submission.

Please shed light on these, thank you again!


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Re: SPECIAL POWER OF ATTORNEY

Post by litehouse on Fri Sep 14, 2012 4:19 pm

Under the Internal Rules of BAC, it states that the S.P.A. must state the publication no. or contract title to be bid, and extent of authority assigned to the attorney-in-fact. It is not explicit as to the sanction in case of non-compliance. The S.P.A. of the bidder does not contain the publication number or the contract title. Under prevailing rules, will it be a ground for disqualification? comment pls.

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Re: SPECIAL POWER OF ATTORNEY

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