Post Qualification Evaluation

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Post Qualification Evaluation

Post by Leizllao on Thu Dec 09, 2010 4:06 pm

What is the extent of the post qualification evaluation function of the technical working group? Does it include an evaluation of the SEC registration and determination of whether the authorized capital stock and paid-up capital of the winning bidder corporation equals to or is more than the ABC? Does it also include an evaluation of the entries in the ITR to determine whether the gross sales or net profit of the corporation for the previous years reflects its financial competence to undertake the project or supply the goods?
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Re: Post Qualification Evaluation

Post by engrjhez® on Thu Dec 09, 2010 7:38 pm

Leizllao wrote:What is the extent of the post qualification evaluation function of the technical working group? Does it include an evaluation of the SEC registration and determination of whether the authorized capital stock and paid-up capital of the winning bidder corporation equals to or is more than the ABC? Does it also include an evaluation of the entries in the ITR to determine whether the gross sales or net profit of the corporation for the previous years reflects its financial competence to undertake the project or supply the goods?

34.3. The post-qualification shall verify, validate, and ascertain all statements made and
documents submitted by the bidder with the Lowest Calculated Bid/Highest Rated
Bid, using non-discretionary criteria, as stated in the Bidding Documents. These
criteria shall consider, but shall not be limited to, the following:

a) Legal Requirements. To verify, validate, and ascertain licenses, certificates,
permits, and agreements submitted by the bidder, and the fact that it is not
included in any “blacklist” as provided in Section 25.2 of this IRR. For this
purpose, the GPPB shall maintain a consolidated file of all “blacklisted”
suppliers, contractors, and consultants.

b) Technical Requirements. To determine compliance of the goods, infrastructure
projects, or consulting services offered with the requirements specified in the
Bidding Documents, including, where applicable:
i) Verification and validation of the bidder’s stated competence and
experience, and the competence and experience of the bidder’s key
personnel to be assigned to the project, for the procurement of
infrastructure projects and consulting services;
ii) Verification of availability and commitment, and/or inspection and testing
for the required capacities and operating conditions, of equipment units
to be owned/leased/under purchase by the bidder for use in the contract
under bidding, as well as checking the performance of the bidder in its
ongoing government and private contracts (if any of these on-going
contracts shows a reported negative slippage of at least fifteen percent
(15%), or substandard quality of work as per contract plans and
specifications, or unsatisfactory performance of the contractor’s
obligations as per contract terms and conditions, at the time of
inspection, and if the BAC verifies any of these deficiencies to be due to
the contractor’s fault or negligence, the agency shall disqualify the
contractor from the award), for the procurement of infrastructure
projects;
iii) Verification and/or inspection and testing of the goods/product, aftersales
and/or maintenance capabilities, in applicable cases, for the
procurement of goods; and
iv) Ascertainment of the sufficiency of the bid security as to type, amount,
form and wording, and validity period.

c) Financial Requirements. To verify, validate and ascertain the bid price
proposal of the bidder and, whenever applicable, the required CLC in the
amount specified and over the period stipulated in the Bidding Documents, or
the bidder’s NFCC to ensure that the bidder can sustain the operating cash
flow of the transaction.
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Re: Post Qualification Evaluation

Post by ordepnaladuf on Tue Jun 28, 2011 6:56 pm

i would like to inquire if the BAC is doing the right thing when they post disqualified our firm on the ground that our first envelope is lacking some required documents?

as stated in section 34.3 of RA 9184, "post qualification shall verify, validate and ascertain all statements made and document submitted". post qualification is not intended to determine if all required documents were submitted. i think, during the post qualification, the bidder is considered to have comply or have submitted all the required documents.

determination of the "presence or absence" of required documents should be done during the stage of "opening of bid", wherein the bidder is present to witness the event. Our firm is the only complying bidder after passing BAC checklist of requirements for the first envelope and second envelope.

please clarify me regarding this matter. thank you

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Re: Post Qualification Evaluation

Post by engrjhez® on Wed Jun 29, 2011 1:45 am

ordepnaladuf wrote:i would like to inquire if the BAC is doing the right thing when they post disqualified our firm on the ground that our first envelope is lacking some required documents?

as stated in section 34.3 of RA 9184, "post qualification shall verify, validate and ascertain all statements made and document submitted". post qualification is not intended to determine if all required documents were submitted. i think, during the post qualification, the bidder is considered to have comply or have submitted all the required documents.

determination of the "presence or absence" of required documents should be done during the stage of "opening of bid", wherein the bidder is present to witness the event. Our firm is the only complying bidder after passing BAC checklist of requirements for the first envelope and second envelope.

please clarify me regarding this matter. thank you

You are correct on your understanding of post-qualification. To add further, only the lowest/single calculated bidder undergoes post-qualification. If the LCB is post disqualified, you proceed to the next lowest and so on. So it must be clear that you have to be declared first as PASSED during eligibility check and preliminary examination of the bid as well as be declared lowest after application of arithmetical corrections (if any) before you undergo PQ.

I would suggest you secure a copy of "Abstract of Bids As Read", "...As Calculated" and minutes of bid opening to support your claim that you should not be post disqualified with a reason of "missing documents".

Please update us soon. Smile
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Re: Post Qualification Evaluation

Post by engr2965 on Tue Jul 05, 2011 10:24 pm

Another LGU terminated a contract with a supplier for non delivery of goods w/in the required time period. However that LGU did not issue a blacklisting order. Can we use this as basis for disqualifying this supplier during post-qualification?.

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Re: Post Qualification Evaluation

Post by ikuz23 on Wed Jul 06, 2011 10:33 am

engr2965 wrote:Another LGU terminated a contract with a supplier for non delivery of goods w/in the required time period. However that LGU did not issue a blacklisting order. Can we use this as basis for disqualifying this supplier during post-qualification?.

good day sir,

definitely not sir. during bidding they submitted an omnibus sworn statement;
Section 23.6.1 of the IRR requires:
d) Statement of the prospective bidder that it is not “blacklisted” or barred from bidding by the Government or any of its agencies, offices, corporations or LGUs, including non-inclusion in the Consolidated Blacklisting Report issued by the GPPB, once released in accordance with the guidelines to be issued by the GPPB as provided in Section 69.4 of this IRR-A;

there is a long procedure in blacklisting a bidder / supplier (appendix 11 of revised IRR - for the uniform guidelines in blacklisting a bidder). "we cannot accuse them until proven guilty". Very Happy the LGU (who terminated the supplier) must have made a written an immediate notification to the bidder advising them a complaint for suspension and blacklisting has been filed against them, stating the ground for such.

before the issuance of blacklisting order, the erring contractor may participate in the procurement of any government except in the agency where he is suspended. but if blacklisting order is issued prior to the date of noa, the blacklisted person shall not be qualified for an award and such project shall be awarded to another bidder. if after the noa, the awarded project shall not be prejudiced by the said order.
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Re: Post Qualification Evaluation

Post by sunriser431 on Wed Jul 06, 2011 10:41 am

engr2965 wrote:Another LGU terminated a contract with a supplier for non delivery of goods w/in the required time period. However that LGU did not issue a blacklisting order. Can we use this as basis for disqualifying this supplier during post-qualification?.
Due process has to be observed. bounce
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Re: Post Qualification Evaluation

Post by elphaba on Wed Feb 18, 2015 10:07 am

engrjhez® wrote:
ordepnaladuf wrote:i would like to inquire if the BAC is doing the right thing when they post disqualified our firm on the ground that our first envelope is lacking some required documents?

as stated in section 34.3 of RA 9184, "post qualification shall verify, validate and ascertain all statements made and document submitted". post qualification is not intended to determine if all required documents were submitted. i think, during the post qualification, the bidder is considered to have comply or have submitted all the required documents.

determination of the "presence or absence" of required documents should be done during the stage of "opening of bid", wherein the bidder is present to witness the event. Our firm is the only complying bidder after passing BAC checklist of requirements for the first envelope and second envelope.

please clarify me regarding this matter. thank you    


You are correct on your understanding of post-qualification. To add further, only the lowest/single calculated bidder undergoes post-qualification. If the LCB is post disqualified, you proceed to the next lowest and so on. So it must be clear that you have to be declared first as PASSED during eligibility check and preliminary examination of the bid as well as be declared lowest after application of arithmetical corrections (if any) before you undergo PQ.

I would suggest you secure a copy of "Abstract of Bids As Read", "...As Calculated" and minutes of bid opening to support your claim that you should not be post disqualified with a reason of "missing documents".

Please update us soon. Smile


Is this saying that the principle of estoppel apply in this case? Where it was erroneously determined that a document was present during preliminary examination but was later found out to be insufficient or not the required document during post-qualification, can BAC not subsequently post-disqualify the bidder using the non-discretionary pass/fail criteria?

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Re: Post Qualification Evaluation

Post by engrjhez® on Wed Feb 18, 2015 11:18 am

elphaba wrote:
engrjhez® wrote:
ordepnaladuf wrote:i would like to inquire if the BAC is doing the right thing when they post disqualified our firm on the ground that our first envelope is lacking some required documents?

as stated in section 34.3 of RA 9184, "post qualification shall verify, validate and ascertain all statements made and document submitted". post qualification is not intended to determine if all required documents were submitted. i think, during the post qualification, the bidder is considered to have comply or have submitted all the required documents.

determination of the "presence or absence" of required documents should be done during the stage of "opening of bid", wherein the bidder is present to witness the event. Our firm is the only complying bidder after passing BAC checklist of requirements for the first envelope and second envelope.

please clarify me regarding this matter. thank you    


You are correct on your understanding of post-qualification. To add further, only the lowest/single calculated bidder undergoes post-qualification. If the LCB is post disqualified, you proceed to the next lowest and so on. So it must be clear that you have to be declared first as PASSED during eligibility check and preliminary examination of the bid as well as be declared lowest after application of arithmetical corrections (if any) before you undergo PQ.

I would suggest you secure a copy of "Abstract of Bids As Read", "...As Calculated" and minutes of bid opening to support your claim that you should not be post disqualified with a reason of "missing documents".

Please update us soon. Smile


Is this saying that the principle of estoppel apply in this case? Where it was erroneously determined that a document was present during preliminary examination but was later found out to be insufficient or not the required document during post-qualification, can BAC not subsequently post-disqualify the bidder using the non-discretionary pass/fail criteria?

Estoppel is not applicable. I have to apologize if my previous answer somewhat created an impression when I agreed with the definition of postqualification. It must be limited to the procedural aspect. While I agree with "ordepnaladuf" about his understanding, it is premised on correct application of the BAC of eligibility screening. But that does not call estoppel.

The reason is in the IRR:

23.7. Notwithstanding the eligibility of a prospective bidder, the procuring entity concerned reserves the right to review the qualifications of the bidder at any stage of the procurement process if the procuring entity has reasonable grounds to believe that a misrepresentation has been made by the said prospective bidder, or that there has been a change in the prospective bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility requirements, statements or documents, or any changes in the situation of the prospective bidder which will affect the capability of the bidder to undertake the project so that it fails the eligibility criteria, the procuring entity shall consider the said prospective bidder as ineligible and shall disqualify it from obtaining an award or contract, in accordance with Rules XXI, XXII, and XXIII of this IRR.  (underscoring supplied)

If what happened during the bidding process is that the documents were complete and all present, but subsequently declared incomplete, the bidder must not suffer disqualification. If on the other hand, the bidder actually missed the document, which the BAC also missed to check, the latter cannot be prevented from declaring the former as disqualified. That is why we have to check each and every document in support of the claims and defenses of both sides.

Hope it cleared the cloud.
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Re: Post Qualification Evaluation

Post by elphaba on Wed Mar 04, 2015 12:06 pm

engrjhez® wrote:
elphaba wrote:
engrjhez® wrote:
ordepnaladuf wrote:i would like to inquire if the BAC is doing the right thing when they post disqualified our firm on the ground that our first envelope is lacking some required documents?

as stated in section 34.3 of RA 9184, "post qualification shall verify, validate and ascertain all statements made and document submitted". post qualification is not intended to determine if all required documents were submitted. i think, during the post qualification, the bidder is considered to have comply or have submitted all the required documents.

determination of the "presence or absence" of required documents should be done during the stage of "opening of bid", wherein the bidder is present to witness the event. Our firm is the only complying bidder after passing BAC checklist of requirements for the first envelope and second envelope.

please clarify me regarding this matter. thank you    


You are correct on your understanding of post-qualification. To add further, only the lowest/single calculated bidder undergoes post-qualification. If the LCB is post disqualified, you proceed to the next lowest and so on. So it must be clear that you have to be declared first as PASSED during eligibility check and preliminary examination of the bid as well as be declared lowest after application of arithmetical corrections (if any) before you undergo PQ.

I would suggest you secure a copy of "Abstract of Bids As Read", "...As Calculated" and minutes of bid opening to support your claim that you should not be post disqualified with a reason of "missing documents".

Please update us soon. Smile


Is this saying that the principle of estoppel apply in this case? Where it was erroneously determined that a document was present during preliminary examination but was later found out to be insufficient or not the required document during post-qualification, can BAC not subsequently post-disqualify the bidder using the non-discretionary pass/fail criteria?

Estoppel is not applicable. I have to apologize if my previous answer somewhat created an impression when I agreed with the definition of postqualification. It must be limited to the procedural aspect. While I agree with "ordepnaladuf" about his understanding, it is premised on correct application of the BAC of eligibility screening. But that does not call estoppel.

The reason is in the IRR:

23.7. Notwithstanding the eligibility of a prospective bidder, the procuring entity concerned reserves the right to review the qualifications of the bidder at any stage of the procurement process if the procuring entity has reasonable grounds to believe that a misrepresentation has been made by the said prospective bidder, or that there has been a change in the prospective bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility requirements, statements or documents, or any changes in the situation of the prospective bidder which will affect the capability of the bidder to undertake the project so that it fails the eligibility criteria, the procuring entity shall consider the said prospective bidder as ineligible and shall disqualify it from obtaining an award or contract, in accordance with Rules XXI, XXII, and XXIII of this IRR.  (underscoring supplied)

If what happened during the bidding process is that the documents were complete and all present, but subsequently declared incomplete, the bidder must not suffer disqualification. If on the other hand, the bidder actually missed the document, which the BAC also missed to check, the latter cannot be prevented from declaring the former as disqualified. That is why we have to check each and every document in support of the claims and defenses of both sides.

Hope it cleared the cloud.

Based from the above provision, and in my understanding, the only time estoppel does not apply is where there is misrepresentation or change in the prospective bidder’s capability. Hypothetically speaking, if PE requires a certificate of calibration with traceability which was present during preliminary examination, is BAC estopped from subsequently repudiating the sufficiency of the document after it has found the lack of traceability? Is declaration of eligibility also a conclusive assertion of presence/completeness/sufficiency of the documents? There is no misrepresentation here, only that the evaluator failed to check the presence of traceability which was patently absent on the certificate or its supporting documents. Neither was there any ambiguity in the document as to justify the said omission on the part of the evaluator. The rest of the bidders with similar situation has been disqualified. Does the R.A. 9184 provide remedies other than section 23.7?

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Re: Post Qualification Evaluation

Post by elphaba on Wed Mar 04, 2015 12:49 pm

Thank you. We appreciate that you could spare a minute or two of your time to relieve us of our confusion Smile

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