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Is it ok to award to the highest bidder ???

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Is it ok to award to the highest bidder ???

Post by countme_in18 on Mon Sep 27, 2010 12:22 pm

One agency bid for a network printer w/ the specification indicated in their technical specs ( Network Printer, 30ppm, 1200 by 1200 dpi) the lowest bidder offer samsung brand with the same specs and the other bidder bidder offer HP Brand with the same specs but the price difference per unit is 11,000 more than the lowest bidder. Can the agency award this to the higher bidder w/c is HP since HP Brand are their preferred brand?
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Re: Is it ok to award to the highest bidder ???

Post by RDV @ GP3i on Mon Sep 27, 2010 2:12 pm

countme_in18 wrote:One agency bid for a network printer w/ the specification indicated in their technical specs ( Network Printer, 30ppm, 1200 by 1200 dpi) the lowest bidder offer samsung brand with the same specs and the other bidder bidder offer HP Brand with the same specs but the price difference per unit is 11,000 more than the lowest bidder. Can the agency award this to the higher bidder w/c is HP since HP Brand are their preferred brand?

The answer is an absolute NO, for the following reasons:
1) Our basis for determining award (in the case of goods and infra) is Lowest Calculated and Responsive Bid (LCRB);
2) In terms of the specs, the LCRB is responsive to your requirements, unless there are other basis to post-disqualify the same; and
3) Award cannot be made on the bases of the preferred brand due to prohibition on reference to brand name under Sec. 18 of RA 9184.
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Re: Is it ok to award to the highest bidder ???

Post by jcolas on Mon Sep 27, 2010 7:21 pm

"Count me_in18, wrote"

One agency bid for a network printer w/ the specification indicated in their technical specs ( Network Printer, 30ppm, 1200 by 1200 dpi) the lowest bidder offer samsung brand with the same specs and the other bidder bidder offer HP Brand with the same specs but the price difference per unit is 11,000 more than the lowest bidder. Can the agency award this to the higher bidder w/c is HP since HP Brand are their preferred brand?

"kaya nga ang gobyerno ay nagpapabid, para makakuha ng presyo na mababa na hindi matatalo at mababalewala ang kapakanan at interes ng gobyerno" As Sir RDV said, the LCRB is responsive to the requirement of the procuring entity. It is different with your interest as a supplier as it is dictated by profit.
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Re: Is it ok to award to the highest bidder ???

Post by fe a. araya on Mon Sep 27, 2010 7:38 pm

I agree with sir RDV. You cannot award to another when there is still a lower bid which is responsive. That's the essence of competitive bidding. Granting pa na inilagay ung brand name sa specs (which is not allowed) but still there should be a collatilla which will state "or its equivalent" Now, granting that HP brand is equivalent in specs and quality as samsung, still what should be considered is the cost; the lower the better and advantageous to the gov't provided it meets the specs required.
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Re: Is it ok to award to the highest bidder ???

Post by sunriser431 on Mon Sep 27, 2010 9:18 pm

countme_in18 wrote:One agency bid for a network printer w/ the specification indicated in their technical specs ( Network Printer, 30ppm, 1200 by 1200 dpi) the lowest bidder offer samsung brand with the same specs and the other bidder bidder offer HP Brand with the same specs but the price difference per unit is 11,000 more than the lowest bidder. Can the agency award this to the higher bidder w/c is HP since HP Brand are their preferred brand?
In my personal opinion, the government agency involved must be ready to face the consequences especially Republic Act 3019. bounce
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Re: Is it ok to award to the highest bidder ???

Post by countme_in18 on Tue Sep 28, 2010 7:23 am

Thank you for the reply. What if during the pre-bid ay sinabi ng agency sa mga bidder that they prefer (this brand) and still we offer different brand, would this be a ground for disqualification?
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Re: Is it ok to award to the highest bidder ???

Post by jcolas on Tue Sep 28, 2010 8:07 am

"Countme_in 18"
Thank you for the reply. What if during the pre-bid ay sinabi ng agency sa mga bidder that they prefer (this brand) and still we offer different brand, would this be a ground for disqualification?

When you say the Agency, I hope you are referring to the BAC, and I am sure the BAC will not specify a brand. Section 18 of RA 9184 prohibits brand referencing and I expect that they know that; but if ever, they uttered such preference and was captured in the minutes of the meeting, the BAC must correct itself immediately in front of the bidders and simply strike out the specific utterances from the minutes of the meeting. If not, and the bidding continued, the HOPE, after learning such impropriety should declare a failure of bidding citing Section 41 (b) as the reason. Your question as to whether you will be disqualified, my answer is no as the proceedings is null and void ab initio.Any input from other posters?
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