a contractor with pending case eligible or qualify to join our bidding?

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a contractor with pending case eligible or qualify to join our bidding?

Post by angelo on Wed Jun 29, 2011 1:17 pm

i just want to raise this issue since i am not familiar with all the rules and regulations regarding a contractor with pending case with us. Recently we published an invitation to bid at PhiGeps and we are surprise because one of the prospective bidder who signified his intention in joining our bidding is that particular contractor with pending case and still unresolve at this time. Is he qualified to bid? Yes or No.. and Why? What is our legal basis or legal remedies available. Thank You in advance, i hope you could help us in addressing this issue before beforehand.
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Re: a contractor with pending case eligible or qualify to join our bidding?

Post by RDV @ GP3i on Wed Jun 29, 2011 1:36 pm

angelo wrote:i just want to raise this issue since i am not familiar with all the rules and regulations regarding a contractor with pending case with us. Recently we published an invitation to bid at PhiGeps and we are surprise because one of the prospective bidder who signified his intention in joining our bidding is that particular contractor with pending case and still unresolve at this time. Is he qualified to bid? Yes or No.. and Why? What is our legal basis or legal remedies available. Thank You in advance, i hope you could help us in addressing this issue before beforehand.

If you have not issued any suspension or blacklisting order against the contractor, the pending case with you should not bar the contractor from participating in your bidding. A requirement of certification of no pending case is not allowed by the GPPB as it is contrary to the Constitutional presumption of innocence unless proven guilty.
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Re: a contractor with pending case eligible or qualify to join our bidding?

Post by angelo on Wed Jun 29, 2011 1:59 pm

in short sir, we can do nothing in the real intention of this bidder? our experience with this contractor is not good. what are the remedies we have? thank you
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Re: a contractor with pending case eligible or qualify to join our bidding?

Post by RDV @ GP3i on Fri Jul 01, 2011 6:02 pm

angelo wrote:in short sir, we can do nothing in the real intention of this bidder? our experience with this contractor is not good. what are the remedies we have? thank you

Unless the contractor is suspended or blacklisted, you cannot prevent the contractor from joining the bidding process. If you know of the "real intention" of the contractor, as you say, and if the said contractor is subjected to post-qualification, you can of course post-disqualify him knowing his real intention as you say. Of course you should really have basis to post-disqualify, such as the contractor's unsatisfactory performance in his past or ongoing contracts particularly with your agency. "Intention," however bad it is, is something very hard to prove.
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