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Additional technical document or post-qualification requirements other than stated in the IRR

Post by meijunji on Mon Apr 11, 2011 10:16 pm

I would like to inquire if there is a basis to question additional requirement in the technical specifications or in the post-qualification like the following:

e.g. Sworn statement or Certification (under oath) " that the bidder shall have no pending or previous adversarial claim against the agency before any judicial or quasi-judicial or agency".

In the pre-bid conference, a bidder asked about the above requirement, what if the bidder questioned the actions of BAC ,in the previous biddings, before any tribunal etc. as an exercise of its rights under applicable laws, does that mean that the bidder is disqualified?

The BAC answered yes, a complaint filed against the members of the BAC as a result of their performance of duties, as such is an adversarial claim against the agency.

The reply of the bidder to the answer of the BAC, is that such requirement should not be required by the Procuring Entity for the following reasons:

(1)defeats the purpose of competitive bidding
for the bidder who questions the actions of the BAC, is punished for exercising its rights within the bounds of law. This is in effect, tailor-fitting requirement in favor or against a particular bidder. This will set a precedent that the BAC will be powerful, because the bidders for fear of disqualification, will no longer have the power to rectify any wrongdoing of the BAC members.

(2)sworn statement is violative of due process, presumption of innocence until proven guilty
Even if the case is pending (not yet final and executory), the bidder is already disqualified.

Because of the term, pending or previous adversarial claim against the agency, the bidder is essentially perpetually disqualified, if a complaint has been dismissed or has become final and executory. The bidder further stressed that the potential bidder is already blacklisted without undergoing the proper blacklisting procedures.

(3)sworn statement is not a document required by the IRR

The Revised IRR doesn't empower the Procuring Entity/BAC to have additional requirements, unless it is required by law. The sworn statement required should have been stated in the omnibus sworn statement otherwise, the above-mentioned requirement is a violation of the IRR. The purpose of the IRR, is to increase competition not to curtail the competition.

Because the above-mentioned reasons of the bidder, does the bidder have basis under the IRR or the procurement law?

What should be done by the BAC in view of the foregoing, can you give me some basis on whatever actions that should be taken? The BAC will issue a bid bulletin regarding the matter.

Hoping you can answer these issues ASAP. Thank you very much.

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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by engrjhez® on Tue Apr 12, 2011 9:49 pm

meijunji wrote:I would like to inquire if there is a basis to question additional requirement in the technical specifications or in the post-qualification like the following:

e.g. Sworn statement or Certification (under oath) " that the bidder shall have no pending or previous adversarial claim against the agency before any judicial or quasi-judicial or agency".

In the pre-bid conference, a bidder asked about the above requirement, what if the bidder questioned the actions of BAC ,in the previous biddings, before any tribunal etc. as an exercise of its rights under applicable laws, does that mean that the bidder is disqualified?

The BAC answered yes, a complaint filed against the members of the BAC as a result of their performance of duties, as such is an adversarial claim against the agency.

The reply of the bidder to the answer of the BAC, is that such requirement should not be required by the Procuring Entity for the following reasons:

(1)defeats the purpose of competitive bidding
for the bidder who questions the actions of the BAC, is punished for exercising its rights within the bounds of law. This is in effect, tailor-fitting requirement in favor or against a particular bidder. This will set a precedent that the BAC will be powerful, because the bidders for fear of disqualification, will no longer have the power to rectify any wrongdoing of the BAC members.

(2)sworn statement is violative of due process, presumption of innocence until proven guilty
Even if the case is pending (not yet final and executory), the bidder is already disqualified.

Because of the term, pending or previous adversarial claim against the agency, the bidder is essentially perpetually disqualified, if a complaint has been dismissed or has become final and executory. The bidder further stressed that the potential bidder is already blacklisted without undergoing the proper blacklisting procedures.

(3)sworn statement is not a document required by the IRR

The Revised IRR doesn't empower the Procuring Entity/BAC to have additional requirements, unless it is required by law. The sworn statement required should have been stated in the omnibus sworn statement otherwise, the above-mentioned requirement is a violation of the IRR. The purpose of the IRR, is to increase competition not to curtail the competition.

Because the above-mentioned reasons of the bidder, does the bidder have basis under the IRR or the procurement law?

What should be done by the BAC in view of the foregoing, can you give me some basis on whatever actions that should be taken? The BAC will issue a bid bulletin regarding the matter.

Hoping you can answer these issues ASAP. Thank you very much.

The bidder is well educated based on the foregoing, and they did their assignments well. True enough that all of their claims are valid and in line with the provisions of the law. For what is the purpose of requiring such "Sworn Statement" other than silencing the participants?

There is no problem even if the BAC asked for such documents. The problem is when a bidder is disqualified for not having it. The BAC ruling the latter may be considered as an "abuse of discretion" under prevailing laws, rules and regulations. Smile
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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by meijunji on Tue Apr 12, 2011 11:12 pm

engrjhez® wrote:

The bidder is well educated based on the foregoing, and they did their assignments well. True enough that all of their claims are valid and in line with the provisions of the law. For what is the purpose of requiring such "Sworn Statement" other than silencing the participants?

There is no problem even if the BAC asked for such documents. The problem is when a bidder is disqualified for not having it. The BAC ruling the latter may be considered as an "abuse of discretion" under prevailing laws, rules and regulations. Smile

Hi sir, thank you for the reply. Hope you can also answer this Smile

The bidder is requesting that the requirement be removed in the:

(1) additional technical documents to be submitted as indicated additional technical parameters (as required for bidding for security and janitorial services)
(2) BDS under 29.2 (d) additional documents to be submitted for post-qualification

Since, the bidder has valid claims then such "sworn statement" should be removed? The problem is the head of our agency requires that the sworn statement should be a requirement, it was released I think sometime 2008 or 2009. Which should be followed in such case, the bidder's claims or our agency circular?

Once again thank you very much Smile

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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by engrjhez® on Tue Apr 12, 2011 11:38 pm

meijunji wrote:

Hi sir, thank you for the reply. Hope you can also answer this Smile

The bidder is requesting that the requirement be removed in the:

(1) additional technical documents to be submitted as indicated additional technical parameters (as required for bidding for security and janitorial services)
(2) BDS under 29.2 (d) additional documents to be submitted for post-qualification

Since, the bidder has valid claims then such "sworn statement" should be removed? The problem is the head of our agency requires that the sworn statement should be a requirement, it was released I think sometime 2008 or 2009. Which should be followed in such case, the bidder's claims or our agency circular?

Once again thank you very much Smile

First you are not allowed to require additional technical documents other than that stated in the ITB Clause 12 although you may do that in the BDS as this will be inconsistent with the IRR. Second, BDS Sec.29.2(d) refers to "permits" and "licenses" as required by law and not just any documents. The law requiring that permit or licenses must also be cited.

You agency circular has no effect if it will be inconsistent with the law. I suggest you follow the prevailing IRR of RA 9184. Smile
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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by RDV @ GP3i on Sat Apr 16, 2011 12:21 pm

engrjhez® wrote:
meijunji wrote:

Hi sir, thank you for the reply. Hope you can also answer this Smile

The bidder is requesting that the requirement be removed in the:

(1) additional technical documents to be submitted as indicated additional technical parameters (as required for bidding for security and janitorial services)
(2) BDS under 29.2 (d) additional documents to be submitted for post-qualification

Since, the bidder has valid claims then such "sworn statement" should be removed? The problem is the head of our agency requires that the sworn statement should be a requirement, it was released I think sometime 2008 or 2009. Which should be followed in such case, the bidder's claims or our agency circular?

Once again thank you very much Smile

First you are not allowed to require additional technical documents other than that stated in the ITB Clause 12 although you may do that in the BDS as this will be inconsistent with the IRR. Second, BDS Sec.29.2(d) refers to "permits" and "licenses" as required by law and not just any documents. The law requiring that permit or licenses must also be cited.

You agency circular has no effect if it will be inconsistent with the law. I suggest you follow the prevailing IRR of RA 9184. Smile

In addition, the procuring entity should be guided by GPPB Circular 01-2008 (Clarification on the Adoption of Additional Eligibility and Technical Documents to Ensure Compliance with Labor Laws and Other Social Legislation.) LINK
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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by sunriser431 on Sat Apr 16, 2011 8:11 pm

meijunji wrote:
xxxxxxx. Hope you can also answer this Smile

The bidder is requesting that the requirement be removed in the:

(1) additional technical documents to be submitted as indicated additional technical parameters (as required for bidding for security and janitorial services)
I believe the two gentlemen had answered your question Smile Peace
meijunji wrote:
(2) BDS under 29.2 (d) additional documents to be submitted for post-qualification

Since, the bidder has valid claims then such "sworn statement" should be removed? The problem is the head of our agency requires that the sworn statement should be a requirement, it was released I think sometime 2008 or 2009. Which should be followed in such case, the bidder's claims or our agency circular?
Once again thank you very much Smile
Instruction to Bidders
Section 11
29.Post-Qualification
29.1 xxxx
29.2 (a) xxxx
29.2 (d) Other appropriate " licenses " and " permits " required by law and stated in the BDS.

Section 111 Bid Data Sheet
ITB clause 29.2 (d) List " licenses "and " permits " relevant to the Project and the corresponding law requiring it.

Revised IRR of RA#9184
Rule X - Post Qualification
34.1 xxxx
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) xxxx
(d) Other appropriate " licenses " and " permits " required by law and stated in the Bidding Documents.


Please take note of the ITB clause 29.2(d) and the Revised IRR Rule X 34.2 (d) are consistent and the procuring agency are allowed and require the bidder to submit the specific "Licenses" and " Permits " provided it was stated in the BDS.
example for Security Services license or permits
1. Firearms License current and updated
2. License of the Security Guards must be updated
3. PTC of the Firearms current and updated
4. xxxxx
For Information it might be of help. click this LINK
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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by meijunji on Wed Apr 20, 2011 12:15 am

RDV @ GP3i wrote:
engrjhez® wrote:
meijunji wrote:

Hi sir, thank you for the reply. Hope you can also answer this Smile

The bidder is requesting that the requirement be removed in the:

(1) additional technical documents to be submitted as indicated additional technical parameters (as required for bidding for security and janitorial services)
(2) BDS under 29.2 (d) additional documents to be submitted for post-qualification

Since, the bidder has valid claims then such "sworn statement" should be removed? The problem is the head of our agency requires that the sworn statement should be a requirement, it was released I think sometime 2008 or 2009. Which should be followed in such case, the bidder's claims or our agency circular?

Once again thank you very much Smile

First you are not allowed to require additional technical documents other than that stated in the ITB Clause 12 although you may do that in the BDS as this will be inconsistent with the IRR. Second, BDS Sec.29.2(d) refers to "permits" and "licenses" as required by law and not just any documents. The law requiring that permit or licenses must also be cited.

You agency circular has no effect if it will be inconsistent with the law. I suggest you follow the prevailing IRR of RA 9184. Smile

In addition, the procuring entity should be guided by GPPB Circular 01-2008 (Clarification on the Adoption of Additional Eligibility and Technical Documents to Ensure Compliance with Labor Laws and Other Social Legislation.) LINK

Thank you po sa nagreply. with regard po sa GPPB Circular 01-2008, dun po ata sa annex A (4) other factors. for example:

(4.1) xxx
(4.2) xxx
(4.3) Sworn Statement of No Adversarial Claim. (Added by the Procuring Entity)

Bale, Nagdagdag po ng 4.3 sa Guidelines, is this action valid? Kasi dapat sa other factors hanggang 4.2 lang. Thank you. Smile




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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by RDV @ GP3i on Wed Apr 20, 2011 8:00 am

meijunji wrote:
RDV @ GP3i wrote:
engrjhez® wrote:
meijunji wrote:

Hi sir, thank you for the reply. Hope you can also answer this Smile

The bidder is requesting that the requirement be removed in the:

(1) additional technical documents to be submitted as indicated additional technical parameters (as required for bidding for security and janitorial services)
(2) BDS under 29.2 (d) additional documents to be submitted for post-qualification

Since, the bidder has valid claims then such "sworn statement" should be removed? The problem is the head of our agency requires that the sworn statement should be a requirement, it was released I think sometime 2008 or 2009. Which should be followed in such case, the bidder's claims or our agency circular?

Once again thank you very much Smile

First you are not allowed to require additional technical documents other than that stated in the ITB Clause 12 although you may do that in the BDS as this will be inconsistent with the IRR. Second, BDS Sec.29.2(d) refers to "permits" and "licenses" as required by law and not just any documents. The law requiring that permit or licenses must also be cited.

You agency circular has no effect if it will be inconsistent with the law. I suggest you follow the prevailing IRR of RA 9184. Smile

In addition, the procuring entity should be guided by GPPB Circular 01-2008 (Clarification on the Adoption of Additional Eligibility and Technical Documents to Ensure Compliance with Labor Laws and Other Social Legislation.) LINK

Thank you po sa nagreply. with regard po sa GPPB Circular 01-2008, dun po ata sa annex A (4) other factors. for example:

(4.1) xxx
(4.2) xxx
(4.3) Sworn Statement of No Adversarial Claim. (Added by the Procuring Entity)

Bale, Nagdagdag po ng 4.3 sa Guidelines, is this action valid? Kasi dapat sa other factors hanggang 4.2 lang. Thank you. Smile
That GPPB Circular does not have any annex and does not have a listing of "factors."

The Omnibus Sworn Statement should only be the one required. Following the GPPB Circular, specifically Item 3.3, the procuring entity may, during post-qualification, verify, validate and ascertain the statements made by the bidder in its omnibus sworn statement that it complies with existing labor laws and standards.

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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by meijunji on Wed Apr 20, 2011 8:56 pm

RDV @ GP3i wrote:
meijunji wrote:
RDV @ GP3i wrote:
engrjhez® wrote:
meijunji wrote:

Hi sir, thank you for the reply. Hope you can also answer this Smile

The bidder is requesting that the requirement be removed in the:

(1) additional technical documents to be submitted as indicated additional technical parameters (as required for bidding for security and janitorial services)
(2) BDS under 29.2 (d) additional documents to be submitted for post-qualification

Since, the bidder has valid claims then such "sworn statement" should be removed? The problem is the head of our agency requires that the sworn statement should be a requirement, it was released I think sometime 2008 or 2009. Which should be followed in such case, the bidder's claims or our agency circular?

Once again thank you very much Smile

First you are not allowed to require additional technical documents other than that stated in the ITB Clause 12 although you may do that in the BDS as this will be inconsistent with the IRR. Second, BDS Sec.29.2(d) refers to "permits" and "licenses" as required by law and not just any documents. The law requiring that permit or licenses must also be cited.

You agency circular has no effect if it will be inconsistent with the law. I suggest you follow the prevailing IRR of RA 9184. Smile

In addition, the procuring entity should be guided by GPPB Circular 01-2008 (Clarification on the Adoption of Additional Eligibility and Technical Documents to Ensure Compliance with Labor Laws and Other Social Legislation.) LINK

Thank you po sa nagreply. with regard po sa GPPB Circular 01-2008, dun po ata sa annex A (4) other factors. for example:

(4.1) xxx
(4.2) xxx
(4.3) Sworn Statement of No Adversarial Claim. (Added by the Procuring Entity)

Bale, Nagdagdag po ng 4.3 sa Guidelines, is this action valid? Kasi dapat sa other factors hanggang 4.2 lang. Thank you. Smile
That GPPB Circular does not have any annex and does not have a listing of "factors."

The Omnibus Sworn Statement should only be the one required. Following the GPPB Circular, specifically Item 3.3, the procuring entity may, during post-qualification, verify, validate and ascertain the statements made by the bidder in its omnibus sworn statement that it complies with existing labor laws and standards.



I'm sorry sir, i'm referring to GPPB Resolution 24-2007, Referring to procurement of security and janitorial services, the annex regarding the technical parameters.

dun po ata sa annex A

(4) other factors. for example:

(4.1) xxx
(4.2) xxx
(4.3) Sworn Statement of No Adversarial Claim. (Added by the Procuring Entity)

Bale, Nagdagdag po ng 4.3 sa Guidelines, is this action valid? Kasi dapat sa other factors hanggang 4.2 lang. Ganun po kasi ang ginawa sa amin.

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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by engrjhez® on Thu Apr 21, 2011 4:54 pm

meijunji wrote:

I'm sorry sir, i'm referring to GPPB Resolution 24-2007, Referring to procurement of security and janitorial services, the annex regarding the technical parameters.

dun po ata sa annex A

(4) other factors. for example:

(4.1) xxx
(4.2) xxx
(4.3) Sworn Statement of No Adversarial Claim. (Added by the Procuring Entity)

Bale, Nagdagdag po ng 4.3 sa Guidelines, is this action valid? Kasi dapat sa other factors hanggang 4.2 lang. Ganun po kasi ang ginawa sa amin.

No Procuring Entity can add anything (in the same way delete) as to the requirements set forth by the GPPB unless expressly allowed in the guidelines. As to your query, it is clear that we do not have 4.3 as you mentioned above. In that case, the action is invalid and NOT IN ORDER. Smile
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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by meijunji on Fri Apr 22, 2011 8:32 pm

Thank you again sir, engrjhez Smile

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additional documents

Post by Leizllao on Fri Jul 22, 2011 12:22 pm

I suggest you check Section 17 of R.A. 9184 which I think allows the agency to require additional document requirements.
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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by engrjhez® on Fri Jul 22, 2011 5:56 pm

Leizllao wrote:I suggest you check Section 17 of R.A. 9184 which I think allows the agency to require additional document requirements.

If you are looking on the Revised IRR, there NONE already. You may require additional docs particularly permits/licenses as required by law and indicated in the bidding documents only in the post-qualification (proior to award) Smile
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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by firstlady_5167 on Wed Jul 27, 2011 3:17 pm

Good afternoon. Can we require additional documents like Construction Schedule and S Curve & Construction Methods in narrative form during the post qualification stage? Hoping for your immediate reply on this matter. Thank you very much
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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by msm326 on Wed Jul 27, 2011 5:46 pm

If these requirements were stated in you Bid docs , that you ask them to submit . Construction Schedule and S curve will be another requirement before any commence of work if the project was awarded and commence will be issued . This will serve as guide during the monitoring and evaluation of progress of the project...Everything you intend to ask prior to award must be clearly stated in the Bid Docs and during the pre-bidding conference .

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Re: Additional technical document or post-qualification requirements other than stated in the IRR

Post by engrjhez® on Fri Jul 29, 2011 8:55 am

firstlady_5167 wrote:Good afternoon. Can we require additional documents like Construction Schedule and S Curve & Construction Methods in narrative form during the post qualification stage? Hoping for your immediate reply on this matter. Thank you very much

You may require those (for infra projects) only as part of the contract (after the award before contract signing) but not on post-qual. Kindly check Philippine Bidding Documents for the pertinent provisions regarding this on ITB Clause 31.4 and BDS 31.4.g. Smile
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