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Declared Ineligible

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Declared Ineligible

Post by mlgf on Thu Dec 04, 2008 1:25 pm

My firm was declared ineligible for the reason that my PCAB License is Category D General Engineering.
DepEd, Division Office Publication in the IAEB dated September 18, 2008, the category preferred for the contractor's capacity is MEDIUM A.
Project ABC is Php2,000,000.00.

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Declared Eneligible

Post by RDV @ GP3i on Fri Dec 05, 2008 11:47 am

Your License Category is D, which would mean that your Size and Range is SMALL B,
but in the IAEB, the procuring entity indicated that the “category preferred for the
Contractor’s capacity is MEDIUM A.” Right?

First, as a SMALL B contractor, if the ABC is only P2 Million, it is within your contracting Capacity since your Allowable Range of Contract Cost (ARCC) for your registration is up to P10 Milllion, per PCAB guidelines.

If the procuring entity mentioned in the IAEB that they ”preferred” MEDIUM A, I think, that should not mean automatic disqualification, particularly if you are able to show, in terms of experience, a single completed contract, which is similar to the contract to be bid, with a value of at least 50% of the ABC.

In effect, the IAEB and the eligibility check, would be giving discretion on the part of the BAC. The eligibility check is supposed to be non-discretionary.

In the Philippine Bidding Documents, specifically in the Instructions to Bidders (ITB), under Eligibility Requirements, among the requirements is a valid PCAB license and registration for the type and cost of the contract to be bid which, apparently, you possess.

But that is only my take on your problem. Maybe, GPPB should be able to give a more categorical answer on the use by procuring entities of the term “preferred” or "preferably", if that should be allowed or is even allowed under the law.
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