MR/Protest after Approval of NOA

View previous topic View next topic Go down

MR/Protest after Approval of NOA

Post by MIGZ98 on Fri Oct 29, 2010 3:41 pm

I just would like to ask if a losing bidder can still file an MR or protest after the approval of NOA. Is Section 55.1 still applicable even if the NOA has been approved? Say prior to the award, the losing bidder did not object nor filed any MR until such time that the NOA has been posted in PhilGEPS.

avatar
MIGZ98
New Member
New Member

Male Number of posts : 14
Company/Agency : GHQ BAC1
Occupation/Designation : Secretary
Registration date : 2010-10-29

Back to top Go down

Re: MR/Protest after Approval of NOA

Post by RDV @ GP3i on Fri Oct 29, 2010 4:08 pm

MIGZ98 wrote:I just would like to ask if a losing bidder can still file an MR or protest after the approval of NOA. Is Section 55.1 still applicable even if the NOA has been approved? Say prior to the award, the losing bidder did not object nor filed any MR until such time that the NOA has been posted in PhilGEPS.


An MR should be filed prior to the approval by the HOPE of the BAC's Resolution recommending award of contract to the LCRB/HRRB. Therefore, it should be filed prior to the issuance of the NOA.

The opportunity of the losing bidders to file MR should be prior to award and not after the NOA has been posted in the PhilGEPS. That would only mean that there should have been prior notification to the losing bidders, which should be done by the BAC at the same time that the BAC made the recommendation for the award of contract. Failing to do that, there would be no way for the losing bidders to file MR because they would not be aware of the BAC's recommendation and the HOPE's decision prior to the issuance of the NOA. The losing bidder cannot also file a Protest without first filing an MR.

If the procuring entity failed to give the losing bidders the opportunity to file MR and Protest, then the only recourse available for the losing bidder (other than accepting that he/she lost in the bidding process) is to seek court action under Sec. 58. In that case, the court may have acquired jurisdiction because the administrative remedy available to the losing bidder was not made available to him/her by the procuring entity because of the failure of the BAC to giver proper notification prior to the issuance of NOA.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: MR/Protest after Approval of NOA

Post by engrjhez® on Sat Oct 30, 2010 2:19 pm

MIGZ98 wrote:I just would like to ask if a losing bidder can still file an MR or protest after the approval of NOA. Is Section 55.1 still applicable even if the NOA has been approved? Say prior to the award, the losing bidder did not object nor filed any MR until such time that the NOA has been posted in PhilGEPS.


When have you received the notice (of disqualification/for losing bidders)? You only have very little time to act (3 days) upon the receipt of such notice. And you cannot file a protest if have not filed MR/RFR first.

There is a discussion similar to your query. To view the threads, click here.

A somewhat different twist of events in filing MR/RFR is on the other topic. Click here to view.

Smile

avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: MR/Protest after Approval of NOA

Post by MIGZ98 on Fri Nov 19, 2010 2:56 pm

Thank you for the clarification.

I would like to ask if an MR or any letter questioning the decision of the BAC can be referred immediately to the Head of Procuring Entity or any office outside of the Procuring Entity. I believe that it should be resolved first by the BAC before it goes anywhere.

A losing bidder has written us for several occassion when she learned, through our letter, that she lost the bidding. These letters, including the Motion for Reconsideration, were addressed to the BAC and were also sent to the HOPE and an Office outside of the Procuring Entity. These instances happened when the recommendation of award has not been approved yet.

We had denied her MR and told the losing bidder to file a protest in accordance with Section 55. We acknowledged receipt of the protest last 21 October 2010 but seven days after, the bidder did not file any. Thus, the allowable days for filing an MR has lapsed.

Recently, the bidder has signified her intention to file a complaint with the HOPE for the presumed irregularity (according to her) of the bidding. We insisted that the bidder's authorized representative has not objected on the declaration of LCB during the bidding and she even affixed her signature on the abstract of bids in conforme to the results of the bidding. She acknowledged signing the abstract but refused to honor its content.

If the bidder will pursue her plan to assail the results of the bidding, can we cite her for violation for not following the proper procedures for filing a protest and subsequently recommend her company for blacklisting? We are very confident that what had transpired during the bidding are transparent and all in accordance with RA 9184.

Thank you.
avatar
MIGZ98
New Member
New Member

Male Number of posts : 14
Company/Agency : GHQ BAC1
Occupation/Designation : Secretary
Registration date : 2010-10-29

Back to top Go down

Re: MR/Protest after Approval of NOA

Post by RDV @ GP3i on Fri Nov 19, 2010 4:00 pm

MIGZ98 wrote:Thank you for the clarification.

I would like to ask if an MR or any letter questioning the decision of the BAC can be referred immediately to the Head of Procuring Entity or any office outside of the Procuring Entity. I believe that it should be resolved first by the BAC before it goes anywhere.

A losing bidder has written us for several occassion when she learned, through our letter, that she lost the bidding. These letters, including the Motion for Reconsideration, were addressed to the BAC and were also sent to the HOPE and an Office outside of the Procuring Entity. These instances happened when the recommendation of award has not been approved yet.
The MR should be filed by the bidder with the BAC within 7 c.d. from receipt of notice (verbal or written) of its disqualification. The HOPE or any office other than the BAC would have no jurisdiction yet on the MR. You are correct, the MR has to be resolved first by the BAC.

MIGZ98 wrote:We had denied her MR and told the losing bidder to file a protest in accordance with Section 55. We acknowledged receipt of the protest last 21 October 2010 but seven days after, the bidder did not file any. Thus, the allowable days for filing an MR has lapsed.
If the BAC has denied the MR, you are right, the next available recourse on the part of the bidder is to file a Protest. You mentioned that you acknowledged receipt of the protest last 21 October but you further mentioned that 7 days after the bidder did not file any. Those statements are quite confusing.

A Protest is considered validly filed if: a) it is filed within 7 c.d. from receipt by the bidder of the BAC's denial of his MR; b) it should be in the form of a verified position paper; c) it is filed with the HOPE (not with the BAC); and d) it is accompanied by a Protest Fee of not less than 1% of the ABC. It all those requisites for a valid Protest are present, then said Protest is validly filed. If any one of those requisites is not complied with, then the HOPE can dismiss the Protest outright.

MIGZ98 wrote:Recently, the bidder has signified her intention to file a complaint with the HOPE for the presumed irregularity (according to her) of the bidding. We insisted that the bidder's authorized representative has not objected on the declaration of LCB during the bidding and she even affixed her signature on the abstract of bids in conforme to the results of the bidding. She acknowledged signing the abstract but refused to honor its content.
A complaint with the HOPE could not be considered as a valid Protest.

On the signing by the bidder's authorized representative on the Abstract of Bids, I would surmise that it was only the Abstract of Bids as Read. It could not yet be considered as conformance to the results of the bidding because it is not the end of the bidding process yet. Signing the Abstract of Bids as Read should only be construed to mean that the bidder or his representative was in conformance with the process conducted by the BAC during the opening of the bids, which includes eligibility check and the preliminary examination of bids only. The bidding process also includes evaluation of bids and post-qualification which are beyond the process of preparation and signing of the Abstract of Bids as Read.

MIGZ98 wrote:If the bidder will pursue her plan to assail the results of the bidding, can we cite her for violation for not following the proper procedures for filing a protest and subsequently recommend her company for blacklisting? We are very confident that what had transpired during the bidding are transparent and all in accordance with RA 9184.

Thank you.
Failure to follow the "proper procedures for filing a protest" could not be used as ground for blacklisting. If at all, it could only be used to dismiss his protest action.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: MR/Protest after Approval of NOA

Post by engrjhez® on Sat Nov 20, 2010 4:56 pm

RDV @ GP3i wrote:
The MR should be filed by the bidder with the BAC within 7 c.d. from receipt of notice (verbal or written) of its disqualification. The HOPE or any office other than the BAC would have no jurisdiction yet on the MR. You are correct, the MR has to be resolved first by the BAC.
Please allow me to correct the underlined.:
55.1. Decisions of the BAC at any stage of the procurement process may be questioned by
filing a request for reconsideration within the three (3) calendar days upon receipt of
written notice or upon verbal notification. The BAC shall decide on the request for
reconsideration within seven (7) calendar days from receipt thereof
.
Smile
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: MR/Protest after Approval of NOA

Post by RDV @ GP3i on Sat Nov 20, 2010 5:00 pm

engrjhez® wrote:
RDV @ GP3i wrote:
The MR should be filed by the bidder with the BAC within 7 c.d. from receipt of notice (verbal or written) of its disqualification. The HOPE or any office other than the BAC would have no jurisdiction yet on the MR. You are correct, the MR has to be resolved first by the BAC.
Please allow me to correct the underlined.:
55.1. Decisions of the BAC at any stage of the procurement process may be questioned by
filing a request for reconsideration within the three (3) calendar days upon receipt of
written notice or upon verbal notification. The BAC shall decide on the request for
reconsideration within seven (7) calendar days from receipt thereof
.
Smile

It was an oversight on my part. Thank you for pointing that out.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: MR/Protest after Approval of NOA

Post by MIGZ98 on Mon Nov 22, 2010 2:19 pm

Sir, thank you for the response. The GHQ BAC1 appreciates it.
avatar
MIGZ98
New Member
New Member

Male Number of posts : 14
Company/Agency : GHQ BAC1
Occupation/Designation : Secretary
Registration date : 2010-10-29

Back to top Go down

Re: MR/Protest after Approval of NOA

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum