Documents not required but submitted during eligibility check

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Documents not required but submitted during eligibility check

Post by jcolas on Wed Oct 06, 2010 2:10 pm

In Public Bidding, bidders submits documents not required during eligibility check. How is this treated?
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Re: Documents not required but submitted during eligibility check

Post by charlie brown on Wed Oct 06, 2010 3:33 pm

jcolas wrote:In Public Bidding, bidders submits documents not required during eligibility check. How is this treated?

I believe the IRR, the PBDs and the GPMs are silent on the matter. I have encountered these also several times already and i think it is due to the change in the volume and the manner of which documents are submitted in the revised IRR. If these documents would be needed during post qual in case the prospective bidder is considered the LCB then it would need not be requested again if it is on file already. For other extraneous documents i dont think it would do any harm if you keep them on file - unless of course the propective bidder is declared ineligible
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Re: Documents not required but submitted during eligibility check

Post by RDV @ GP3i on Wed Oct 06, 2010 3:41 pm

jcolas wrote:In Public Bidding, bidders submits documents not required during eligibility check. How is this treated?

If those documents would be needed later, like during post-qualification, you can just consider them advanced submission. It should not be reason to disqualify the bidder, unless the documents would contain financial information ahead of the opening of the financial proposal. I basically agree with charlie brown on how these documents should be treated.
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Re: Documents not required but submitted during eligibility check

Post by jcolas on Wed Oct 06, 2010 8:10 pm

"Charlie Brown wrote".
I believe the IRR, the PBDs and the GPMs are silent on the matter. I have encountered these also several times already

My observation is that during public bidding, the bid documents that these bidders submit are full of documents that are not required during the eligibility check. Examples of these documents, among other, are Tax Clearance, PhilGEPS Certifications; documents which should be submitted during post qualification of the LCB. If the procuring entity treats these submission as advance submission, what will that make of Section 34, Rule X of the Revised IRR? So we are not going to notify the Lowest Calculated Bidder and ask him that within three calendar days, upon notification, he is required to submit the documents needed for post-qualification as he already included these documents in his Technical Envelope? What will that make of Section 23 which list down the eligibility documents that a bidder should submit? What I'm driving at is that, bidders should submit only the documents that are required to be submitted during that particular stage in the procurement process. What says you, forum members?
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Re: Documents not required but submitted during eligibility check

Post by sunriser431 on Wed Oct 06, 2010 9:38 pm

jcolas wrote:In Public Bidding, bidders submits documents not required during eligibility check. How is this treated?
In my personal opinion, documents submitted not required in the eligibility stage will not be given any premiums. The BAC must inform the prospective bidder if present during the schduled bid opening the unnecessary submission of documents not required by the GPRA, sometimes, we need to educate bidders so if future biddings will prosper again, bidders will be properly guided. Lastly, bidder will not be disqualified for such act. Hopefully no violent reactions from posters. Peace bounce
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Re: Documents not required but submitted during eligibility check

Post by RDV @ GP3i on Wed Oct 06, 2010 11:33 pm

jcolas wrote:"Charlie Brown wrote".
I believe the IRR, the PBDs and the GPMs are silent on the matter. I have encountered these also several times already

My observation is that during public bidding, the bid documents that these bidders submit are full of documents that are not required during the eligibility check. Examples of these documents, among other, are Tax Clearance, PhilGEPS Certifications; documents which should be submitted during post qualification of the LCB. If the procuring entity treats these submission as advance submission, what will that make of Section 34, Rule X of the Revised IRR? So we are not going to notify the Lowest Calculated Bidder and ask him that within three calendar days, upon notification, he is required to submit the documents needed for post-qualification as he already included these documents in his Technical Envelope? What will that make of Section 23 which list down the eligibility documents that a bidder should submit? What I'm driving at is that, bidders should submit only the documents that are required to be submitted during that particular stage in the procurement process. What says you, forum members?

If those documents; i.e., Tax Clearance, PhilGEPS registration, and Income Tax Returns, are still submitted together with the eligibility requirements, instead of at a later date, the question "what will make of Sec. 34?" or the post-qualification process should be answered: Section 34 would not be affected, it will even proceed much faster as you will no longer have to inform the LCB to submit these documents and wait another 3 c.d. for said LCB to submit the same. It is only the failure to submit the said requirements that would disqualify the bidder, not submitting them in advance.

Remember that under IRR-A these documents were previously part of the eligibility requirements, but as a sort of accommodation to concerns of bidders that they could not often comply for the early submission, that the requirement for submission was moved to a later date in the revised IRR, but submitting them in advance should not be a problem particularly if the PE is maintaining a registry of suppliers/contractors, which is being encouraged and is not inconsistent with advanced submission.

Section 23 is not affected also. While that particular section lists the items (Class A documents) that should be submitted as part of eligibility requirements, it could not be used as basis to disqualify a bidder which submits more than what is required as the use of the non-discretionary criteria for eligibility check is only with respect to the presence and absence of the required documents, and not the presence of documents not otherwise required.

I think the only way that bidder could be disqualified is if the document submitted (although not required) would contain financial information that would give advance info to the BAC as to the financial proposal of the bidder even prior to the opening of his financial bid.
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Re: Documents not required but submitted during eligibility check

Post by jcolas on Thu Oct 07, 2010 8:19 am

Sir RDV wrote:
Remember that under IRR-A these documents were previously part of the eligibility requirements, but as a sort of accommodation to concerns of bidders that they could not often comply for the early submission, that the requirement for submission was moved to a later date in the revised IRR.

I agree with you on that point Sir RDV. Actually, our BAC is not using these advance submission to disqualify bidders. I have to give it to our BAC. They have a workmans understanding of the GPRA. What I would like to see is a resolution that requires bidders to stick to the rule and not clutter their submission with these advance submission; but with your statement, I now rest my case. thank yoiu again Sir.
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Re: Documents not required but submitted during eligibility check

Post by engrjhez® on Thu Oct 07, 2010 2:02 pm

RDV @ GP3i wrote: x x x
I think the only way that bidder could be disqualified is if the document submitted (although not required) would contain financial information that would give advance info to the BAC as to the financial proposal of the bidder even prior to the opening of his financial bid.

But even so, I think a stray copy of the financial proposal on the first envelope should neither be a ground for disqualification except when the amount and terms of bid proposal differs that from that in the second envelope or if there's none in there (2nd env.). It was also emphasized in the ITB that improper sealing and marking of bids will only free the BAC from any liability of misplacing or early opening of envelopes - but not outright disqualification. Smile
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Re: Documents not required but submitted during eligibility check

Post by RDV @ GP3i on Thu Oct 07, 2010 2:20 pm

engrjhez® wrote:
RDV @ GP3i wrote: x x x
I think the only way that bidder could be disqualified is if the document submitted (although not required) would contain financial information that would give advance info to the BAC as to the financial proposal of the bidder even prior to the opening of his financial bid.

But even so, I think a stray copy of the financial proposal on the first envelope should neither be a ground for disqualification except when the amount and terms of bid proposal differs that from that in the second envelope or if there's none in there (2nd env.). It was also emphasized in the ITB that improper sealing and marking of bids will only free the BAC from any liability of misplacing or early opening of envelopes - but not outright disqualification. Smile

The financial proposal should be in the 2nd envelope and not in the first envelope. If a "stray copy" suddenly find its way in the first envelope, it could be interpreted to mean that the bidder is trying to influence the BAC by divulging (in advance) its financial proposal when what is being opened first are the technical proposals. If I were the BAC, I will disqualify that bidder outright. Anyways, the said bidder can file an MR with his explanation and, if the BAC is satisfied, at any rate the BAC could still reconsider its decision. Besides, my statement is "the bidder could be disqualified" and NOT "should be disqualified".
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Re: Documents not required but submitted during eligibility check

Post by engrjhez® on Thu Oct 07, 2010 3:13 pm

RDV @ GP3i wrote:
The financial proposal should be in the 2nd envelope and not in the first envelope. If a "stray copy" suddenly find its way in the first envelope, it could be interpreted to mean that the bidder is trying to influence the BAC by divulging (in advance) its financial proposal when what is being opened first are the technical proposals. If I were the BAC, I will disqualify that bidder outright. Anyways, the said bidder can file an MR with his explanation and, if the BAC is satisfied, at any rate the BAC could still reconsider its decision. Besides, my statement is "the bidder could be disqualified" and NOT "should be disqualified".

Comprende.

I just want to clarify and emphasize that a misplaced document does not automatically disqualifies the bid. Smile
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Re: Documents not required but submitted during eligibility check

Post by RDV @ GP3i on Thu Oct 07, 2010 3:17 pm

engrjhez® wrote:
RDV @ GP3i wrote:
The financial proposal should be in the 2nd envelope and not in the first envelope. If a "stray copy" suddenly find its way in the first envelope, it could be interpreted to mean that the bidder is trying to influence the BAC by divulging (in advance) its financial proposal when what is being opened first are the technical proposals. If I were the BAC, I will disqualify that bidder outright. Anyways, the said bidder can file an MR with his explanation and, if the BAC is satisfied, at any rate the BAC could still reconsider its decision. Besides, my statement is "the bidder could be disqualified" and NOT "should be disqualified".

Comprende.

I just want to clarify and emphasize that a misplaced document does not automatically disqualifies the bid. Smile

Kindly read again my posts. Nowhere did I mention the word "automatically" disqualified. I used instead the phrase "could be disqualified". I think, they do not actually mean the same thing.
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Re: Documents not required but submitted during eligibility check

Post by sunriser431 on Thu Oct 07, 2010 4:12 pm

Excerpt from NPM 044-2007 Dated 8/13/2007 for guidance.
1. xxxx
3. Whether the non-inclusion of the financial eligibility documents in the eligibility envelope but was otherwise included in the technical proposal envelope constitutes compliance with the eligibility requirement.

Under the IRR-A, the BAC shall determine if each bidder is eligible to participate in the bidding by examining the completeness of each eligibility requirements or statements against a checklist of requirements using a non-discretionary “pass/fail” criteria. Thus, if the eligibility documents are incomplete for failure to include the financial documents, the BAC is constrained to inform the bidder that it has been found ineligible to participate in the bidding, and the grounds for its ineligibility. The BAC shall not be allowed to receive, hold, and/or open the technical proposal of ineligible bids. If the ineligible bidder signifies its intent to file a motion for reconsideration, the BAC shall hold the bid of said ineligible bidder unopened and duly sealed until such time that the motion for reconsideration has been resolved. (Section 23.3, IRR-A; Section 24.13, IRR-A)

In sum, the non-inclusion of the financial eligibility documents in the eligibility envelope would result to the bidder being declared “ineligible” due to the absence of such financial document. The BAC shall not be allowed to receive and open the Technical Proposal envelope of the ineligible bidder until such time that the motion for reconsideration, if any, has been resolved.
bounce
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Re: Documents not required but submitted during eligibility check

Post by engrjhez® on Sun Oct 17, 2010 12:34 pm

RDV @ GP3i wrote:
engrjhez® wrote:

Comprende.

I just want to clarify and emphasize that a misplaced document does not automatically disqualifies the bid.
Smile

Kindly read again my posts. Nowhere did I mention the word "automatically" disqualified. I used instead the phrase "could be disqualified". I think, they do not actually mean the same thing.
Pardon me for the confusion this has brought you. My post (underlined), although a quoted one, is directed to the reader and not to the one quoted. It is also not to suggest that you have mentioned that "the bidder is automatically disqualified", but rather to call everyone's attention that a misplaced document is not an absolute violation.
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Re: Documents not required but submitted during eligibility check

Post by RDV @ GP3i on Mon Oct 18, 2010 12:18 am

engrjhez® wrote:
RDV @ GP3i wrote:
engrjhez® wrote:

Comprende.

I just want to clarify and emphasize that a misplaced document does not automatically disqualifies the bid.
Smile

Kindly read again my posts. Nowhere did I mention the word "automatically" disqualified. I used instead the phrase "could be disqualified". I think, they do not actually mean the same thing.
Pardon me for the confusion this has brought you. My post (underlined), although a quoted one, is directed to the reader and not to the one quoted. It is also not to suggest that you have mentioned that "the bidder is automatically disqualified", but rather to call everyone's attention that a misplaced document is not an absolute violation.

Who says again that it has brought me confusion? I didn't. When I get confused with some posts or queries, I always inform the poster that and I ask for clarification before I make my own reply. I don't want my reply to confuse the poster more.

When you quote the poster and then your reply is at the bottom of his/her quoted post (just like what I did here), it will always be interpreted to mean that your reply was directed at the person you have quoted.

If you want to direct your post to everybody and not to the one quoted, please be very clear so that the one you quoted would not react any other way. Better still, just quote the original question or do not quote any at all.
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Re: Documents not required but submitted during eligibility check

Post by engrjhez® on Mon Oct 18, 2010 1:52 am

RDV @ GP3i wrote:x x x
When you quote the poster and then your reply is at the bottom of his/her quoted post (just like what I did here), it will always be interpreted to mean that your reply was directed at the person you have quoted.

If you want to direct your post to everybody and not to the one quoted, please be very clear so that the one you quoted would not react any other way. Better still, just quote the original question or do not quote any at all.
Ok. Smile
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