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Eligibility Check and Opening Of Bids

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Eligibility Check and Opening Of Bids

Post by slayer on Tue Mar 31, 2009 11:26 am

Good day to all

During eligibility check and opening of bids, the bidder found out in eligible for not submitting updated tax clearance certificate. However the bidder filed a motion for reconsideration to submit the said documents within seven (7) calendar days. And he faxed the said documents within that day.

The pass and failed criteria must be stricly imposed?

It is allowed by law? It has been observed that during Eligibility or Opening everytime the Bidder failed to comply a document in his bid documents he is granted to file a motion for reconsideration. And it is approved whatever the grounds of it.

Im asking for all your legal opinions gentlemen. Thanks and more power.

slayer
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Re: Eligibility Check and Opening Of Bids

Post by RDV @ GP3i on Tue Mar 31, 2009 11:44 am

slayer wrote:Good day to all

During eligibility check and opening of bids, the bidder found out in eligible for not submitting updated tax clearance certificate. However the bidder filed a motion for reconsideration to submit the said documents within seven (7) calendar days. And he faxed the said documents within that day.

The pass and failed criteria must be stricly imposed?

It is allowed by law? It has been observed that during Eligibility or Opening everytime the Bidder failed to comply a document in his bid documents he is granted to file a motion for reconsideration. And it is approved whatever the grounds of it.

Im asking for all your legal opinions gentlemen. Thanks and more power.

During eligibility check and opening of bids, the BAC will use a "pass" or "fail" non-discretionary criteria. All it has to do is to look for the presence or absence of the documents required. If the tax clearance is not there or, even if it is there, if it is not updated, then the BAC will have to declare that particular bidder as "failed" in that requirement. Since it is non-discretionary, the law did not give the BAC the discretion on whether to accept or deny a later submission. The "pass" or "fail" criteria has to be strictly imposed by the BAC, without fear or favor.

The filing of the Motion for Reconsideration is the right of the bidder, but, in that situation, the MR will still have to be denied if the reason is because the bidder failed to submit the requirement or even if submitted but it is not updated.

By the way, the bidder has only three (3) calendar days to file a motion for reconsideration. The BAC has seven (7) calendar days to resolve that motion. Here again, like in the case of contract approval by the HOPE, If the BAC is unable to resolve the motion within 7 c.d., the motion is not deemed resolved in favor of the bidder.
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Re: Eligibility Check and Opening Of Bids

Post by engrjhez® on Tue Mar 31, 2009 11:45 am

slayer wrote:Good day to all

During eligibility check and opening of bids, the bidder found out in eligible for not submitting updated tax clearance certificate. However the bidder filed a motion for reconsideration to submit the said documents within seven (7) calendar days. And he faxed the said documents within that day.

The pass and failed criteria must be stricly imposed?
Tha PASS/FAIL criteria shall be "non-discretionary: Meaning, PRESENCE/ABSENCE. In the presence of the bidder's Tax Clearance, he/she must not be declared ineligible (outright) because we shall be turning our backs on the principle of "non-discretionary pass/fail criteria". To facilitate and expedite the preliminary examination of bids, we shall be reserving the ascertainment and "substance" of documents submitted on the post qualification process.
slayer wrote:It is allowed by law? It has been observed that during Eligibility or Opening everytime the Bidder failed to comply a document in his bid documents he is granted to file a motion for reconsideration. And it is approved whatever the grounds of it.
That is what we call "due process". A bidder is always allowed to file a motion for reconsideration to hear his/her side. RA.9184 provides ample set of filing for reconsiderations, clarifications, and protests without compromising the bidding process. However, all appeals shall be resolved before an Award is given.
slayer wrote:Im asking for all your legal opinions gentlemen. Thanks and more power.
You are welcomed Very Happy
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