failed bidding

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failed bidding

Post by peegee15 on Mon Jun 13, 2011 2:27 pm

what will be the proof/evidence that a bidding failed? does the BAC issues a resolution or what?
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Re: failed bidding

Post by RDV @ GP3i on Tue Jun 14, 2011 1:33 pm

peegee15 wrote:what will be the proof/evidence that a bidding failed? does the BAC issues a resolution or what?

The minutes of BAC meeting will contain that decision and the reason for the declaration of failure of bidding. Normally also, the BAC will issue subsequently a BAC Resolution recommending a re-bidding or Negotiated Procurement (if 2nd failure already). The Whereas clauses of the said BAC Resolution will also include a statement/s on the resulting failure of bidding and the reason/s behind, which should be on any of the situations under Sec. 35 of the IRR.
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Re: failed bidding

Post by peegee15 on Tue Jun 14, 2011 4:12 pm

so RDV @ GP3i, a single resolution recommending a negotiated procurement (say for e.g. 2 failed biddings) with whereas clauses stating the reasons for the failure of the first two biddings is suffice enough to proceed with negotiated procurement. meaning the issuance of BAC resolutions informing a failure of bidding is not required/mandatory at all. for as long as the reasons were explicitly stated in the minutes of say bid opening.
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Re: failed bidding

Post by RDV @ GP3i on Sat Jun 25, 2011 11:14 am

peegee15 wrote:so RDV @ GP3i, a single resolution recommending a negotiated procurement (say for e.g. 2 failed biddings) with whereas clauses stating the reasons for the failure of the first two biddings is suffice enough to proceed with negotiated procurement. meaning the issuance of BAC resolutions informing a failure of bidding is not required/mandatory at all. for as long as the reasons were explicitly stated in the minutes of say bid opening.

That would be sufficient provided the same BAC resolution recommending Negotiated Procurement is approved by the HOPE. Of course, the bidders who participated in the failed bidding have to be informed of the outcome and the reason(s) for which.
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Re: failed bidding

Post by brunomars on Fri May 04, 2012 5:49 pm

In relation to the topic, what is the proper procedure of the BAC after a declaration of failure of bidding? Do we need to buy bid documents again? Will the same procedure in the first bidding be repeated?

Your expert advise will be highly appreciated. Thanks!
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Re: failed bidding

Post by sunriser431 on Fri May 04, 2012 6:57 pm

brunomars wrote:In relation to the topic, what is the proper procedure of the BAC after a declaration of failure of bidding? Do we need to buy bid documents again? Will the same procedure in the first bidding be repeated?

Your expert advise will be highly appreciated. Thanks!

excerpts from section 35 of IRR RA#9184 which is self explanatory.
35.1 xxxx
35.2. In order to determine the reason for the failed bidding, the BAC shall conduct a
mandatory review and evaluation of the terms, conditions, and specifications in the
Bidding Documents, including its cost estimates.(a)
35.3. Based on its findings, the BAC shall revise the terms, conditions, and specifications, and if necessary, adjust the ABC, subject to the required approvals, and conduct a re-bidding with re-advertisement and/or posting, as provided for in Section 21.2 of this IRR.(a)
35.4. All bidders who have initially responded to the Invitation to Bid/Request for
Expression of Interest and have been declared eligible or short listed in the previous
biddings shall be allowed to submit new bids. The BAC shall observe the same
process and set the new periods according to the same rules followed during the
previous bidding(s).(a)
35.5. Should there occur a second failure of bidding, the procuring entity may resort to
negotiated procurement, as provided for in Section 53.1 of this IRR.
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Re: failed bidding

Post by Jovinal on Mon May 07, 2012 8:46 pm

What are the causes of the Bidding Failure?
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Re: failed bidding

Post by sunriser431 on Mon May 07, 2012 10:36 pm

Jovinal wrote:What are the causes of the Bidding Failure?
Excerpts from Section 35 and Section 41
Section 35. Failure of Bidding
35.1. The BAC shall declare the bidding a failure when:
a) No bids are received;
b) All prospective bidders are declared ineligible;
c) All bids fail to comply with all the bid requirements or fail post-qualification, or,
in the case of consulting services, there is no successful negotiation; or
d) The bidder with the Lowest Calculated Responsive Bid/Highest Rated
Responsive Bid refuses, without justifiable cause, to accept the award of
contract, and no award is made in accordance with Section 40 of the Act and
this IRR.

Section 41. Reservation Clause
The Head of the Procuring Entity reserves the right to reject any and all bids, declare a
failure of bidding, or not award the contract in the following situations:
a) If there is prima facie evidence of collusion between appropriate public officers or
employees of the procuring entity, or between the BAC and any of the bidders, or if
the collusion is between or among the bidders themselves, or between a bidder and a
third party, including any act which restricts, suppresses or nullifies or tends to
restrict, suppress or nullify competition;
b) If the BAC is found to have failed in following the prescribed bidding procedures; or
c) For any justifiable and reasonable ground where the award of the contract will not
redound to the benefit of the GOP, as follows: (i) if the physical and economic
conditions have significantly changed so as to render the project no longer
economically, financially, or technically feasible, as determined by the Head of the
Procuring Entity; (ii) if the project is no longer necessary as determined by the Head
of the Procuring Entity; and (iii) if the source of funds for the project has been
withheld or reduced through no fault of the procuring entity.
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