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REPLACEMENT OF THE BIDDING DOCS SUBMITTED

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REPLACEMENT OF THE BIDDING DOCS SUBMITTED

Post by jene on Sun Oct 03, 2010 10:44 pm

i just want to clarify things lalu na regarding s filing ng MR. Could be MR still be applied and granted kahit na mali na ung document na sinubmit ng bidder? can you give me some provisions in bidding rules which says any documents submitted after the opening of the bid could not be replaced. i really need help on this. Im really confused about MR,what are the factors para makapag-MR ka.as of what I read in the bidding docs lahat naman atang ineligible bidders could file MR na lalung nagpapatagal ng process..and also what kind of letter should I write to BAC stating that We want the bidding be "republished or failure of bidding".

thanks guys!
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Re: REPLACEMENT OF THE BIDDING DOCS SUBMITTED

Post by RDV @ GP3i on Mon Oct 04, 2010 7:15 am

jene wrote:i just want to clarify things lalu na regarding s filing ng MR. Could be MR still be applied and granted kahit na mali na ung document na sinubmit ng bidder? can you give me some provisions in bidding rules which says any documents submitted after the opening of the bid could not be replaced. i really need help on this. Im really confused about MR,what are the factors para makapag-MR ka.as of what I read in the bidding docs lahat naman atang ineligible bidders could file MR na lalung nagpapatagal ng process..and also what kind of letter should I write to BAC stating that We want the bidding be "republished or failure of bidding".

thanks guys!

Hi, jene (no pun intended)!

If the document submitted was incorrect and the bidder was disqualified, there is no way that the bidder can replace that document with the correct one by filing an MR. During bid opening, the process of eligibility check and preliminary examination of bid is "non-discretionary" on the part of the BAC. The BAC's decision is based on the presence or absence of the required documents. If all the required document are there, the bidder will be considered "eligible" or passed in his bid submission. If any one of the required document is missing, then the bidder will be declared "ineligible" or failed in his bid submission. Discretion on the part of the BAC to accept a wrong document or accept a replacement after it has already been submitted has been effectively curtailed.

While the MR can be filed by the bidder, within the required period, if he is not in agreement with the decision of the BAC disqualifying him or his bid, it does not mean that the BAC will reconsider its decision. Filing an MR is a right by an affected bidder, but that does not open the floodgate for any bidder to just file an MR and for the BAC to reverse its previous decision. The bidder has to have a good reason to say that the BAC erred in its decision. If the document submitted is not the required document and the bidder was disqualified for that reason, the BAC was correct to do so and it could not be corrected by an MR and replacing said document with the right one.

You want also to know what kind of "letter" you may file stating that you want a rebidding or failure of bidding. If could be an MR if you are aware of the BAC's decision and have reason to believe that there should be failure of bidding instead which would necessitate a rebidding.
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Re: REPLACEMENT OF THE BIDDING DOCS SUBMITTED

Post by jene on Mon Oct 04, 2010 9:26 am

thanks for the reply RDV,, but I really need to have some provisions or rules in the bidding which I can use to support my concern to the BAC.

hOping for more reply from you guys,thanks!
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Re: REPLACEMENT OF THE BIDDING DOCS SUBMITTED

Post by jcolas on Mon Oct 04, 2010 3:44 pm

Could be MR still be applied and granted kahit na mali na ung document na sinubmit ng bidder? can you give me some provisions in bidding rules which says any documents submitted after the opening of the bid could not be replaced.

Section 30, Rule IX of the IRR states that During Bid evaluation, the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a non-discretionary "pass/fail" criterion, as stated in the ITB. If a bidder submits the required documents, it shall be rated "passed" for that particular requirement.In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as "failed". Failed bidders has three (3) calendar days upon written notice, or if, present at the time of bid opening, upon verbal notification within which to file a Motion for Reconsideration, provided, however, that the request or motion for reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the bidder concerned. Nowhere in the IRR, is the bidder allowed to replace a document that has been submitted already.
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Re: REPLACEMENT OF THE BIDDING DOCS SUBMITTED

Post by jene on Tue Oct 05, 2010 10:41 am

thanks jcolas, i read it also, and filed MR to the BAC already,,thanks for the help guys!! If the BAC accepts the MR of our competitor, then it only shows there's a manipulation in the bidding that we have participated in..
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Re: REPLACEMENT OF THE BIDDING DOCS SUBMITTED

Post by engrjhez® on Tue Oct 05, 2010 7:03 pm

jcolas wrote:Could be MR still be applied and granted kahit na mali na ung document na sinubmit ng bidder? can you give me some provisions in bidding rules which says any documents submitted after the opening of the bid could not be replaced.

Section 30, Rule IX of the IRR states that During Bid evaluation, the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a non-discretionary "pass/fail" criterion, as stated in the ITB. If a bidder submits the required documents, it shall be rated "passed" for that particular requirement.In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as "failed". Failed bidders has three (3) calendar days upon written notice, or if, present at the time of bid opening, upon verbal notification within which to file a Motion for Reconsideration, provided, however, that the request or motion for reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the bidder concerned. Nowhere in the IRR, is the bidder allowed to replace a document that has been submitted already.

There is actually one in Section 26 that says a document may be replaced thru modification:
A bidder may modify its bid, provided that this is done before the deadline for the submission and receipt of bids. Where a bidder modifies its bid, it shall not be allowed to retrieve its original bid, but shall only be allowed to send another bid equally sealed, properly identified, linked to its original bid and marked as a “modification,” thereof, and stamped “received” by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the bidder unopened. x x x
...although you cannot retrieve your original bid. You can see a similar discussion of the topic here. Smile

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Re: REPLACEMENT OF THE BIDDING DOCS SUBMITTED

Post by jcolas on Tue Oct 05, 2010 7:47 pm

"Engrjhez wrote:

There is actually one in Section 26 that says a document may be replaced thru modification:

I agree with you sir engrjhez. That was a sweeping statement that I made. Mea Culpa. Please take note of the correction, maam jene.
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Re: REPLACEMENT OF THE BIDDING DOCS SUBMITTED

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