Modification and Withdrawal of Bids

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Modification and Withdrawal of Bids

Post by riddler on Mon Apr 20, 2009 11:54 am

Sec. 26 of the IRR-A allows the modification/s of the Bid by submitting another bid equally sealed and marked as "modification". Can a Sole Bidder modify its Bid after the BAC postponed the Opening of the Bids?
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Re: Modification and Withdrawal of Bids

Post by RDV @ GP3i on Mon Apr 20, 2009 2:49 pm

ruel t. wrote:Sec. 26 of the IRR-A allows the modification/s of the Bid by submitting another bid equally sealed and marked as "modification". Can a Sole Bidder modify its Bid after the BAC postponed the Opening of the Bids?

Was the opening of bid the only one postponed or does it also include the deadline for the submission of bid? If the postponement also includes the deadline for the submission and considering that there is no qualification in the provision, disallowing a sole bidder from submitting a modification, I would say YES.

Going back to the question, why was deadline/opening postponed? I hope it was not done to enable the sole bidder to modify his bid to favor him considering that he is the sole bidder.

Let us presume regularity in the postponement of the deadline/opening. What does Sec. 26.1 provide? It says that: "A bidder may modify its bid, provided that this is done before the deadline for the submission and receipt of bids. Where a bidder modifies its bid, it shall not be allowed to retrieve its original bid, but shall only be allowed to send another bid equally sealed, properly identified, linked to its original bid and marked as a “modification,” thereof, and stamped “received” by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the bidder unopened.

I think, since the modification is "linked to (the) original" bid, what the BAC/TWG needs to do is determine that the reason(s) for the modification is(are) legitimate by comparing the modification with the original bid, determine where the modifications were made, and whether the same were justified or not. If the reason is not just to jack-up or maximize the bid price of the bidder up to the ABC (after knowing that he is the lone bidder), but maybe to correct some computations made in the original (after the bidder found out the error he has made), I don't see why it should not be allowed.
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Re: Modification and Withdrawal of Bids

Post by riddler on Mon Apr 20, 2009 4:18 pm

RDV wrote:

Was the opening of bid the only one postponed or does it also include the deadline for the submission of bid? If the postponement also includes the deadline for the submission and considering that there is no qualification in the provision, disallowing a sole bidder from submitting a modification, I would say YES.

Going back to the question, why was deadline/opening postponed? I hope it was not done to enable the sole bidder to modify his bid to favor him considering that he is the sole bidder.

Let us presume regularity in the postponement of the deadline/opening. What does Sec. 26.1 provide? It says that: "A bidder may modify its bid, provided that this is done before the deadline for the submission and receipt of bids. Where a bidder modifies its bid, it shall not be allowed to retrieve its original bid, but shall only be allowed to send another bid equally sealed, properly identified, linked to its original bid and marked as a “modification,” thereof, and stamped “received” by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the bidder unopened.

I think, since the modification is "linked to (the) original" bid, what the BAC/TWG needs to do is determine that the reason(s) for the modification is(are) legitimate by comparing the modification with the original bid, determine where the modifications were made, and whether the same were justified or not. If the reason is not just to jack-up or maximize the bid price of the bidder up to the ABC (after knowing that he is the lone bidder), but maybe to correct some computations made in the original (after the bidder found out the error he has made), I don't see why it should not be allowed.

Their was lacked of quorum kasi during the Opening of the Bids, Majority of BAC members were on vacation at the time while others were on seminar (there was no malice naman on their part). The vice chairman decided to postpone the opening of the Bids for another 7 cal days. THe Sole bidder inquired if it can modify the Bid. Can he?
I thought RDV, we cannot open the Original Bid after it has been modified na, there is no comparison anymore, di ba?
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Re: Modification and Withdrawal of Bids

Post by RDV @ GP3i on Mon Apr 20, 2009 5:05 pm

ruel t. wrote:Their was lacked of quorum kasi during the Opening of the Bids, Majority of BAC members were on vacation at the time while others were on seminar (there was no malice naman on their part). The vice chairman decided to postpone the opening of the Bids for another 7 cal days. THe Sole bidder inquired if it can modify the Bid. Can he?
I thought RDV, we cannot open the Original Bid after it has been modified na, there is no comparison anymore, di ba?

If only the opening of the bid was postponed, because there was no quorum, then the deadline for the submission was not. Therefore, the bidder can no longer modify his bid.

The modification can only be done before the deadline for the submission of bid, and the bidder has to submit only portion of the bid that he is modifying. The original bid will still be opened because: 1) what is submitted is only a "modification" and not a new bid; and 2) the modification is "linked to the original" as provided in Sec. 26.1. Of course, the total bid price may change because of the modification, but still the details have to be compared.

How can the BAC determines if the bid submitted by a bidder is really a modification without looking at what is being modified? You will just rely on his representation?
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Re: Modification and Withdrawal of Bids

Post by riddler on Tue Apr 21, 2009 9:13 am

ok. i get it now.. only the opening of Bids has been posponed, so the sole bidder cannot modify his bid anymore, because tapos na ang deadline for submission.. thanks RDV.
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Re: Modification and Withdrawal of Bids

Post by shark on Tue Nov 25, 2014 4:29 pm

Good day!

we had encountered this modification of bid but it was submitted at the same time, in one envelope.

The bidder had their quotation in the prescribe bid form and attaching another document stating their new price quotation, that is, giving some percentage less from the price indicated in the bid form.


Will the modified bid be considered? Can Sec.26 be applied to this scenario?
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Re: Modification and Withdrawal of Bids

Post by engrjhez® on Wed Nov 26, 2014 5:59 pm

shark wrote:Good day!

we had encountered this modification of bid but it was submitted at the same time, in one envelope.

The bidder had their quotation in the prescribe bid form and attaching another document stating their new price quotation, that is, giving some percentage less from the price indicated in the bid form.


Will the modified bid be considered? Can Sec.26 be applied to this scenario?

The modification appears to be an "alternative bid" which will warrant disqualification. Sec. 26 cannot be made to apply in this case because the rule requires submission of separate envelope marked "modification" of the original.
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