Irrelevant Technical Specification

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Irrelevant Technical Specification

Post by scimla on Thu Nov 18, 2010 4:43 pm


A government agency is requesting for an Environmental Clearance Certificate from the DENR as part of their technical specification for chemical products. They claim it is their guarantee that the chemicals we will supply them is environmental friendly & non-toxic. We told them that the sole mandate in determining whether a chemical product is effective, non-toxic & other properties is the FDA & not the DENR. What they should look for is a certificate of product registration, MSDS & our License to Operate from the FDA. ECC is only issued to manufacturers to protect our environment from toxic waste from their factories. Are we correct in our explanation? Is the government agency violating any provision of RA9184 if they insist on the ECC? Thank you.
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Re: Irrelevant Technical Specification

Post by Niwram on Thu Nov 18, 2010 5:21 pm

You are correct in your explanation that Environmental Compliance Certificate (ECC) is a document issued by the government agency concerned certifying that the project under consideration will not bring any unacceptable environmental impact and that your company has complied with the requirement.
However, in my opinion, if the ECC is just one of the technical specifications and not as an additional eligibility documents which is not allowed by the law, it is valid.
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Re: Irrelevant Technical Specification

Post by BAC Sec. on Fri Nov 19, 2010 10:33 am

May I share my insight. The procurement requires delivery/supply of chemicals which your Company/Firm manufactures or import from abroad. The technical specification of the same refers to the make/composition/chemical elements which makes up the product you distribute or sell. In the manufacturing process or importation, Government would like to ensure that there is no harmful effects or nor potential threat to the environment is created,i.e spillage, toxic fumes, particulates released in the air , the reason for submission of the Environmental Compliance Certificate. I believe, the document is a valid requirement, but not to be included in the checklist of technical( Class A Legal, Financial and technical documents) and maybe required as part of the documents to be submitted during the post qualification specified in Section 34. , as follows:
34.2. Within three (3) calendar days from receipt by the bidder of the notice from the BAC that the bidder has the Lowest Calculated Bid or Highest Rated Bid, the bidder shall submit the following documentary requirements to the BAC:
a) Tax clearance;
b) Latest income and business tax returns;
c) Certificate of PhilGEPS Registration; and
d) Other appropriate licenses and permits required by law and stated in the
Bidding Documents
.
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Re: Irrelevant Technical Specification

Post by Jay De Why on Tue Feb 24, 2015 2:05 pm

In one of our projects, the enduser and TWG included in the submittals, permits and licenses which we found out that can not be produce by the bidders ( they can only get it after the completion of the project). Instead the bidder submitted a deed of undertaking saying that they will produce the documents prior to turn over.
How do you deal with this?
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Re: Irrelevant Technical Specification

Post by BAC Sec. on Tue Feb 24, 2015 5:54 pm

For clarity...what specific documents? Is the deed of the undertaking enough to comply the requirement? Is it acceptable to the Procuring Entity as specified in the Instruction to Bidders?   We can only require permits/licenses and the like that is required by law, rules or regulations. For example, the Health and Safety Standard/certificate from DOLE will be issued only after a NOA and CA is issued to the winning contractor. For the reason that application for this certificate requires the stated documents. I am just stating this fact on our own experience.
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Re: Irrelevant Technical Specification

Post by Jay De Why on Wed Feb 25, 2015 9:23 am

Occupancy permits, Fire Safety Certificate, and the likes which you can only obtain once the project is completed. Our problem is the enduser and TWG listed it as a requirement on bid opening..and the bidders did not clarify this.
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Re: Irrelevant Technical Specification

Post by engrjhez® on Fri Feb 27, 2015 9:10 pm

Jay De Why wrote:Occupancy permits, Fire Safety Certificate, and the likes which you can only obtain once the project is completed. Our problem is the enduser and TWG listed it as a requirement on bid opening..and the bidders did not clarify this.

Those requirements are not proper in the case. Certificates of Fire Safety, Occupancy and the likes are not permits nor licenses the bidder is required to comply. It is for the end user (in this case, it may be the government agency who is the project proponent) to comply all those permit under its agency or corporate name.
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Re: Irrelevant Technical Specification

Post by Jay De Why on Tue Mar 03, 2015 8:53 am

@ Engrjhez, the project is Lease of Real Property, and i think it is the Lessor's responsibility to provided that. What i want to inquire is if the enduser required that in their technical requirements and the lessor did not submit, which obviously they cant. Can this be a ground for his DQ? Some BAC members insist that it is the fault of the bidder, because they did not inquire about those things during the pre-bid conference which is their chance to clear all gray area in the RFQ.
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Re: Irrelevant Technical Specification

Post by engrjhez® on Tue Mar 03, 2015 9:45 am

Jay De Why wrote:@ Engrjhez, the project is Lease of Real Property, and i think it is the Lessor's responsibility to provided that. What i want to inquire is if the enduser required that in their technical requirements and the lessor did not submit, which obviously they cant. Can this be a ground for his DQ?  Some BAC members insist that it is the fault of the bidder, because they did not inquire about those things during the pre-bid conference which is their chance to clear all gray area in the RFQ.

NO.

Such requirements should be taken as "contract documents" and not as eligibility or post qualification requirement. In other words, you may require such after the award as a condition before entering into contract.
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